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them to be lists Icarequisite

the Legislature, and the general regulations and deci- and advance the interests of the schools committed to sions of the superintendent made pursuant to any law, I his charge. shall be published gratuitously. The said periodical1 No. 171 (a)- 9. Certificates of qualifications hcrearshall be sent to the clerk of each district, whose duty ter granted to applicants by county superintendents, it shall be to cause each volume to be bound at the ex-ll shall either be general, in the form heretofore prescrit. pense of the district, and the same shall be preserved | ed under the authority of law, in which case they shall in the district library for the use of the district. The be valid throughout the district of the county superin. expense of such subscription, not exceeding twenty tendent granting the certificate until annulled; or speeight hundred dollars annually, shall be paid out of the cial, in which case the town in which such applicant surplus income arising from the moneys deposited with shall be authorized to teach shall be specificd; and such this state by the United States.(1)

certificate shall be in force for a term not exceeding one No. 170-16 43.] The superintendent of common year. schools may cause to be printed a sufficient number of|| 9 9. The consent of the town superintendent shall not forms of reports by trustees of school districts and be requisite to the annulling of any certiticate of quali. town superintendents of common schools, and of lists | cation granted by any county superintendent. of pupils attending schools, and cause them to be trans 0 10. The superintendent of common schools, on the mitted to the several county clerks, for the use of those recommendation of any county superintendent, or on officers and of teachers of schools; and he shall cause such other evidence as may be satisfactory to him, may Title second of Chapter fifteen and Part First of the grant certificates of qualication under his hand and seal Revised Statutes to be printed, and shall insert therein of office, which shall be evidence that the holder of such all acts and parts of acts which have been passed by certificate is well qualified in respect to moral characthe legislature, connected with the subjects of the said | ter, learning and ability, to teach any district school 'Title, which are now in force; and where any provisions ll within this state; which certificate shall be valid until of the said Title have been altered by subsequent acts,! duly revoked by the superintendent. such provisions shall be varied so as to make them con- (6) 9 5. Any county superintendent may be removed formable to such alteration; but the original numbers from office by the superintendent of common schools, of the sections shall be indicated in such mode as he whenever in his judgment sufficient cause for such reshall judge proper. Copies of the said title so amended moval exists; and the vacancy thereby occasioned shall shall be transmitted to the town superintendent of be supplied by appointment under his hand and official common schools, and all other officers charged with the seal, until the next meeting of the board of supervisors performance of any duty under its provisions, with of the county in which such vacancy exists. A copy of such explanations and instructions as may be deemed the order making such removal, specifying the causes expedient.(2)

thereof, shall be forwarded to the clerk of the board of PROVISIONS RESPECTING COUNTY SUPERINTEN

supervisors, to be by him laid before the board at their DENTS.

first meeting thereafter, No. 171- [9 36.] The board of supervisors in each

No. 17!-[ 37.] Any superintendent may at any time county of the state shall appoint a county superinten

resign his office to the clerk of the county for which he dent of common schools for such county; and in those

was appointed; and in case of a vacancy in the office counties in which there shall be more than one hundred

from any cause, steh clerk may fill the vacancy, until and fifty school districts, reckoning two parts of joint

the next meeting of the board of supervisors. districts as one, they may appoint two county superin.

No. 173–[ ý 38.) The county superintendents shall be tendents, or one in their discretion; and at all such ap

subject to such general rules and regulations as the sile pointments hereafter made, the board shall divide the

perintendent may from time to time prescribe, and apcounty into two convenient districts, designating the

peals from their acts and decisions may be made to him person appointed for each distriet respectively, when

in the same inanner and with the like effect as in cases there shall be two appointed; but no share of the public

now provided by law, and they shall make reports an. money shall hereafter be apportioned to any county in

nually to the superintendent al such times as shall be which a county superintendent shall not have been ap

appointed by him, which shall be the same as are now pointed, unless by order of the superintendent of com

required to be made by county clerks, with such addimon schools. Such county superintendents shall hold

tional information as he shall require; and for that their offices, respectively, for two years, subject to re

purpose, they shall have access to the reports of the moval by the board of supervisors, on complaint for

town superintendent filed with the county clerk, withcauses to be stated. A certified copy of every resolu

out charge; and the county clerks shall not be required tion making such appointment shall be transmitted by

to make returns in those counties where county super

intendents may be appointed. the clerk of the board of supervisors to the superinten.' dent. Every such county superintendent shall have,

No. 174- 39.] The county superintendents shall power, and it shall be his duty,(a)

each be allowed two dollars for each day necessarily 1. To visit and examine all the schools and school I spent in the discharge of their duties; but the whole districts committed to his charge as often in each ycar

amount of compensation in any one year, shall not ex. as may be practicable, having reference to the number

ceed five hundred dollars for any deputy superintendent, of such districts; to notify the town superintendent of land

tendent oil and the amount shall be audited and certified by the common schools of the town of the time appointed to

ed to board of supervisors of the county. One equal moiety visit the schools in such town, and to invite such town

of said amount shall be a county charge upon the counsuperintendent to visit, with him, the said schools, and I ties respectively for which they shall be appointed, and with such town superintendents, if they or any of them

shall be raised and paid in the same manner as other will attend at such visits, or without their presence, at

county charges. The remaining moiety shall be paid any time to inquire into all matters relating to the go

by the treasurer on the warrant of the comptroller, out vernment, course of instruction, books, studies, disci-of the annual surplus now appropriated to the capital pline and conduct of such schools, and the condition of

el of the common school fund, arising from the income of the school-houses, and of the districts generally; and the money

the moneys deposited by the United States (1) to advise and counsel with the trustces and other offi

No. 174-(c) $ 6. The moiety of the compensation of cers of school districts in relation to their duties, par

the county superintendent of any county payable by the ticularly in relation to the erection of school-houses,

state, shall not hereafter be paid, except upon the proand to recommend to such trustees, and the teachers

duction to the comptroller of the certificate of the su. employed by them, the proper studies, discipline and

perintendent of common schools, that the county superconduct of the schools, the course of instruction to be

intendent has conformed to the instructions of the de. pursued, and the books of elementary instruction to be

partment, and also made the annual report required by used therein:

law. 2. To examine persons offering themselves as candi

(d) $11. The board of supervisors of the 'several coundates for teachers of common schools, and to grant

ties, may audit and allow the accounts of the connty them certificates of qualification, in such form as shall

superintendents of their respective countics, rendered be prescribed by the superintendent; which certificates

under oath, for postage on their necessary official comshall be evidence of the qualification of such teachers,

munications with the inhabitants and officers of the in every town and district of the county for which such

several districts within their jurisdiction. county superintendent shall be appointed:

| ACTS RELATING TO SCHOOL DISTRICT LIBRARIES. 3. And generally, by all the means in his power, to pro No. 176-16 1.] The taxable inhabitants of each school mote sound education, elevate the character and quali- l district in the state, shall have power when lawfully fications of teachers, improve the means of instruction,

(a) Laws of 1813, chap. 133, 6 8. 9, 10. (b) Ib. 5. (1) Lavs of 1811, chap. 260, $ 32. (2) Ibid, § 43. (1) Lats of 1941, chap 260, Ø 36 to 39 inclusive, (a) Amended by laws of 1843, chap. 133, 4,

c) Laws of 1843, chap. 133, \ 6. (d) Ibid. Ø 11.

assembled at any district meeting, to lay a tax on the of the state; which regulations shall be obligatory updistrict not exceeding twenty dollars for the first year, ll on all persons and officers having charge of such libra. for the purchase of a district library, consisting of such ries, or using or possessing any of the books thereof. books as they shall in their district meeting direct, and Such fines may be recovered in an action of debt, in the such further sum as they may deem necessary for the name of the trustees of any such library, of the person purchase of a book case. The intention to propose such on whom they are imposed, except such person be a tax, shall be stated in the notice required to be given for minor; in which case they may be recovered of the pa. such meeting.

rent or guardian of such minor, unless notice in wriNo. 176-18 2.1 The taxable inhabitants of each school ting shall have been given by such parent or guardian district shall also have power, when so assembled in Il to the trustees of such library, that they will not be reany subsequent year, to lay a tax not exceeding ten dol. sponsible for any books deliverd such minor. And perlars in any one year, for the purpose of making additions sons with whom minors reside shall be liable in the to the district library.

same manner, and to the same extent, in cases where No. 177-10 3.1 The clerk of the district, or such other the parent of such minor does not reside in the district person as the taxable inhabitants may at their annualll No 183-18 4.) Any person conceiving himself ag. meeting designate and appoint by a majority of votes, grieved by any act or decision of any trustees of school shall be the librarian of the district, and shall have the || districts, concerning district school libraries, or the care and custody of the library, under such regulations books therein, or the use of such books, or of any libraas the inhabitants may adopt for his government. rian, or of any district meeting in relation to their

No. 178-16 4.] The taxes authorized by this act to be school library, may appeal to the county superintend. raised, shall be assessed and collected in the same man.lent of common schools, in the same manner as proviner as a tax for building a school-house (1)

ded by law in relation to common schools. No. 179-19 4.] The sum of fifty-five thousand dollars | No. 184-16 5.] The legal voters in any two or more shall at the same time be annually distributed to the adjoining districts may, in such cases as shall be apsupport of common schools, in like manner and upon proved by the superintendent of common schools, unite the like conditions as the school moneys are now or shall their library moneys and funds as they shall be received hereafter be distributed, except that the trustees of the lor collected, and purchase a joint library for the use of several districts shall appropriate the sum received as the inhabitants of such districts, which shall be selected hereinafter directed

by the trustees thereof, or by such persons as they shall No. 179 (a)- 16. The moneys directed to be distri-| designate, and shall be under the charge of a librarian buted to the several school districts of this state, by the to be appointed by them; and the foregoing provisions fourth section of chapter two hundred and thirty-seven of this act shall be applicable to the said joint libraries, of the laws of eighteen hundred and thirty-eight, shall except that the property in them shall be deemed to be continue to be applied to the purchase of books for alvested in all the trustees for the time being of the disdistrict library until otherwise directed by law; but Ilsricts so united. And in case any such district shall whenever the number of volumes in the district library | desire to divide such library, such division shall be of any district numbering over fifty children between the made by the trustees of the two districts whose libraages of five and sixteen years, shall exceed one hundredries are so united, and in case they cannot agree, then and twenty-five; or of any district numbering fifty child. I such division shall be made by three disinterested perren or less, between the said ages, shall exceed one sons to be appointed by the superintendent of common hundred volumes, the inhabitants of the district quali- || schools.(1) fied to vote therein, may, at a special meeting duly no.1 No. 185–1961 Where by reason of non-compliance with tified for that purpose, by a majority of votes, appro- the conditions, prescribed by law, the library money priate the whole, or any part of library money belonging ! shall be withheld from any school district, the same may io the district for the current year, to the purchase of be distributed among other districts complying with maps, globes, black-boards, or other scientific appara- such conditions, or may be retained and paid subse. tus, for the use of the school.

quently, to the district from which the same was withNo. 150-10 1.) The trustees of every school district I held. shall be trustees of the library of such district; and the mon schools, according to the circumstances of the property of all books therein, and of the case and other case.(1) appurtenances thereof, shall be deemed to be vested in No. 186-167.) The superintendent of common schools. such trustees, so as to enable them to maintain any ac whenever requested by the trustees of a school district tion in relation to the same. It s tir their duty to under the directions of the legal voters of such district, preserve such books and keep them in repair; and the may select a library for their use, and cause the same expenses incurred for that purpose may be included in to be delivered to the clerk of the county in which such any tax list to be made out by them as trustees of a dis- || district is situated, at its expense. He shall transmit trict, and added to any tax voted by a district meeting, a sufficient number of copies of this act, to supply each and shall be collected and paid over in the same man- school district in the state, with forms and instructions ner. The librarian of any district library shall be sub-l for its execution, to the clerks of the respective counject to the directions of the trustees thereof, in all mat-ties, who shall forward the number directed to each ters relating to the preservation of the books and appur school district in his county to the clerk thereof.(1) tenances of the library, and may be removed from office

COUNTY MAPS. by them for wilful disobedience of such directions, or for

No. 187-1942.) The superintendent may procure and any wilful neglect of duty; and whenever they shall

furnish to each school district in the state, one copy of have reason to apprehend the loss of any such books, or

a map of the county in which such district is located, their injury, or destruction by his misconduct; and

and where a district consists of parts of two or more whenever a vacancy shall exist in the office of librarian, the same shall be supplied by the trustees until the next

counties, then a map of the county in which the school

house in such district is situated, the same to be neat. annual meeting of the inhabitants of the district.

Ily varnished and mounted on rollers, and to contain a No. 191-18 2.) Trustees of school districts shall be

brief summary of the geological and topographical sta. liable to their successors for any neglect or omission,

tistics of the county, with a statement of the populain relation to the care and superintendence of district

tion of the several towns according to the last national libraries, by which any books therein are lost or injur

census. The entire expense of such maps when de. ed, to the full amount of such loss or injury in an ac.

livered to the several districts, shall not exceed on the tion on the case, to be brought by such successors in

average eighty-eight cents to each district; and the their name of office. No. 182-16 3 ) A set of general regulations respect

accounts of the superintendent therefor, shall be paid

on the warrant of the comptroller out of the moneys ing the preservation of school district libraries, the de

appropriated by the act of the 17th April, 1839, for the livery of them by librarians and trustees to their suc.

I purchase of district libraries; and the sums so paid cessors in office, the use of them by the inhabitants of

shall be withheld from distribution, to the treasurers the district, the number of volumes to be taken by any

of the several counties by the Comptroller.(2) one person at any one time or during any term, the pe

| No. 187 (a- 19. All other such provisions of law as riods of their return, the fines and penalties that may !

are repugnant to, or inconsistent with, the provisions imposed by the trustees of such libraries for not returning, losing or destroying any of the books therein, or

l'of this act, are hereby repealed; but nothing in this

act contained shall be so construed as to impair or af. for soiling, defacing or injuring them, may be framed for

fect any of the local provisions respecting the organiby the superintendent of common schools, and printed

zation and management of schools in any of the incor. copies thereof shall be furnished to each school district

'porated cities or villages or towns of this state.

(1) Laws of 1835, chap. so.
(1) Laws of 1913, chap 133, $ 16.

(1) Laws of 1839, ch. 177.) (2) Ib. 1841, ch. 260, $ 42. (a) Laws of 1843, chap. 133, 19


INSTRUCTIONS Concerning the Duties of the various County, Town and District Ofñcers, and of the

Inhabitants of Districts, under the Laws relating to Common Schools.


these officers must necessarily exercise upon the vari. It is their duty as a board, to add to the sums of

ous interests connected with the common schools, will,

doubtless, induce corresponding caution and delibera. money to be raised in each town for other purposes, a

tion on the part of the respective boards of supervisors, sum equal to that which shall have been apportioned to

in making these appointments. The highest standard such town, by the Superintendent. See No. 19, of Laws. ||

I of qualification should be required; and all other conFor a neglect of this duty, in addition to other respon

1 siderations than those appertaining to the permanent sibilities, they are liable individually to a penalty of

welfare and prosperity of the schools should be disre. $250. 16, Title 2, Chap. 12, Part 1, Revised Sta

garded. Such superintendents are to hold their office tutes.

for two years, subject to removal by the board of suIt is understood that in some counties this duty is not

pervisors, on complaint, for causes to be stated. They performed by the board, but that the clerk, or each su

are to be allowed two dollars for each day necessarily pervisor for his town, adds to the assessment roll the

spent in the discharge of their duties; the whole amount requisite sums. This practice is entirely unauthorized,

of compensation not to exceed five hundred dollars for and may occasion serious questions respecting the le- ||

each deputy superintendent; and the amount is to be gality of the assessment. There should be a formal

audited and certified by the board. resolution entered on the minutes, in a form similar to

They are also subject to removal from office by the the following.

Superintendent of cominon schools, " whenever in his Resolved, That there be raised, levied and collected

judgment sufficient cause for such removal exists; and on the several towns of this county, the sums follow

ihe vacancy thereby occasioned, shall be supplied by ing, set opposite to the name of each town, for the

appointment under his hand and official seal until the support of common schools therein, during the ensuing

next meeting of the board of supervisors of the county year; the said sums being equal to those apportioned

in which such vacancy exists. A copy of the order to the said towns respectively, by the Superintendent

making such removal, specifying the causes thereof, of common schools, from the income of the common

shall be forwarded to the clerk of the board of supervischool fund, and the means provided for that purpose;

sors, to be by him laid before the board at their first and that the said sums be added to the amounts directed

meeting.” to be raised on such towns for other purposes, and be included in their respective assessment rolls.

CLERKS OF BOARDS OF SUPERVISORS. In counties where a larger sum is directed by law to By No. 23 of the Laws respecting common schools, be raised upon certain cities, as upon Albany, Brook they are to transmit on the last day of December in lyn, Buffalo, Rochester, &c. the resolution will be va. ll each year, copies of the resolutions and proceedings of ried accordingly, by adding and that there be raised, il their boards respecting the raising of money for libralevied and collected on the city of

for the same ry or school purposes; and particularly the amount di. purpose, the sum of

in pursuance of the se- rected to be raised in each town. An omission to fur. veral statutes of the Legislature, and in conformi. nish the evidence of a full compliance with the law ty to the resolutions of the common council of said may subject a county to serious loss. The resolutions city," in cases where such resolutions are required.) and proceedings referred to will all have been passed

Where the electors of any town at their annual meet before the first day of December in each year, so that ing have voted to raise a sum of money on their town there can be no excuse for a neglect to transmit the re. for the support of common schools, under the third quired copies before the last day of that month. subdivision of original section five, (5 6 in the second | By $ 36 of the act of 1811, (No. 171,) they are also reedition of Title 2, Chap. 11. Part first of the Revised quired to forward to the Superintendent a certified coStatutes, it is important that this sum should be kept || py of every resolution of the board, appointing superindistinct from that directed to be raised by the board of || tendents for their county. supervisors under original section 17, of the revised school act, No. 19 of Laws. Otherwise it will not ap

SUPERVISORS OF TOWNS. pear whether the county has raised the sum required by By No. 166 of the Laws, they are to sue for ånd collaw. It is recommended, therefore, that the resolu- | lect the penalty of ten dollars imposed by that section tions of the board of supervisors, directing the raising upon town superintendents and clerks of school disof the school money voted by a town, be entered sepa tricts, for refusing or wilfully neglecting to make any rately from that directing the levying of the amount re-l report, or to perform any other duty required by law quired by law to be raised on such town; and that their or by regulations or decisions made under the authori. warrant to the collector specify the sum voted by the ty of any statute. The "regulations referred to are town separately as having been so voted, and direct it those which the Superintendent is authorized to preto be paid to the commissioners of common schools of scribe by (No. 11 ); also those which by chap. 241 of the town.

Laws of 1837, he may prescribe for the purpose of obBy ý 24 and 26, of the act of 1941, (No. 112 and 114,) taining information from trustees of school districts and the board of supervisors are directed to cause the commissioners of common schools, on any subject relaamount of unpaid taxes on non-resident, unimproved ting to schools, which he may require (No. 36); and those and unoccupied lands, returned to the trustees of the also, which by the "act respecting school district libra. several school districts, and advanced by the county ries," passed April 15, 1939, he may make respecting treasurer, together with seven per cent in addition the preservation and use of the books. (No. 182.) The thereto, to be levied upon the lands of non-residents, decisions referred to, are those which the Superintendliable to pay the same, and the same proceedings in all | ent is authorized to make, on appeal to him, under secrespects, are to be had for the collection of the amount tion 124, of the Title of the Revised Statutes, concernso directed to be raised, as are provided by law in rela ing common schools, concerning any matter under the tion to county taxes.

said Title, (No. 160 and 161,) and also those which the By 0 36 of the act of 1941, (No. 71,) in connection same officer is authorized to make on appeal, under the with 64, of the act of 1843, the Board of Supervisors 4th section of the "aet respecting school district libraof each county are required to appoint a county super ries." (No. 183.) intendent of common schools, and in those counties The success of the schools and of the libraries will

here there are more than one hundred and fifty school depend much on the faithful discharge of the duty thus districts, they are authorized to appoint two; in which imposed on supervisors. While it is not to be presum. case they are to divide the county into two conve ed that they will seek slight and trivial occasions to nient districts, designating the person appointed for commence prosecutions, it is at the same time expecteach district respectively." No share of the public ted, that they will not suffer any instance of wilful nepmnoney can, without the express order of the superin. Il lect or perverse refusal to perform any duty enjoined tendent of common schools, be apportioned to any by law, or by the regulations or decisions of the Super. county in which no county superintendent shall have intendent, to pass without applying the remedy. This been appointed under these provisions.

is peculiarly a case, where lenity to an offender is inThe importance of the duties confided by law to the justice to the dearest interests of the public. Oficers county superintendents, and the great influence which I charged with the sacred trust of superintending the edange.

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ncation of the children of the republic--so soon to be- || To the Treasurer of the State of New York: come citizens-and of diffusing knowledge, by means

Pay to the order of James Jones, the sum of fire thou of the district libraries, ought to make up their minds

sand seven hundred and fire dollars eighty-eight cents, faithfully to discharge the obligations they have taken

being the amount of school moneys apportioned to the upon themselves, or resign their trusts. A single ex

county of Orange by the Snperintendent of Common ample in a flagrant case, will not only prevent future

Schools, to be paid on the 1st day of February, 1940. disobedience, but will tend most effectually to remove

Dated this day of February, 1840. the causes of contentions and disturbance, which de. stroy the peace and harmony of a district, and termi. ||

Samuel Chase, County Treasurer

$5,705.68. nate in breaking up its school.

of the County of Orange.

2. To this draft should be annexed a certificate by the COUNTY CLERKS.

clerk of the board of supervisors as follows :By $ 16 of the school act, (No. 18,) the county clerk || is required to transmit a certified copy of any notice ofl.

I hereby certify that Samuel Chase, was at the date of apportionment of school moneys which he may receive liabove draft, County Treasurer of the county of Orfrom the Superintendent, to the county treasurer, and clerk of the board of supervisors of his county. It is

Dated this day of February, 1840. of the utmost importance that this duty should be

William Thomar, Clerk of the Board of promptly and faithfully performed; as otherwise, the

Supervisors of the County of Orange. board of supervisors will be ignorant of the necessary

| 3. When the person in whose favor the draft is drawn amount of school money to be raised on their county :

does not himself present it for payment, he should en. and it may become necessary either to call a special meeting of the board for this purpose or to withhold

dorse it, directing the amount to be paid to a person to

be named: and if the latter does not present the draft the whole or a portion of the public money from distri

in person he must endorse it to the individual who is to bution

receive the money. It is essential that these endorseThe annual report heretofore required from the coun

ments should be regularly connected. ty clerks, containing a certified copy of the several re

4. The person to whom the draft has been thus endors. ports of commissioners, will hereafter be made by the

ed, or the original payee when it has not been endorsed, county superintendents, in pursuance of 0 39 of the act

will present it to the Comptroller, who will attach his of 1811, (No. 173,) who are to have access to the reports

warrant on the Treasurer, by whom it will be paid, on of the town Superintendents, on file with the county

(taking a receipt from the person thus presenting it. If clerk, without charge for that purpose.

these instructions are followed, and particular atten It is still, however, the duty of the county clerk, un

tion paid to having the endorsements all regular, no der 115 of the school act, (No. 165,) in case any of the

difficulty will be experienced. reports of the town superintendents are behind, on the

Immediately on receiving such moneys, they are to first day of August, in each year, immediately thereaf

"give notice in writing to the town superintendent of ter to give notice of such neglect to the town clerk,

common schools of each town, and to one or more of whose duty it is to apprize such town superintendents

the commissioners of common schools of each city in of such neglect and require them to make their report.

the county, of the amount apportioned to such town or County superintendents, by 37 of the act of 1841, (No 172.) are authorized to resign to the clerk of their

or the whole amount which will be received from the county; and such county clerk is to fill the vacancy

Comptroller, on the 1st February, 1842, and in each until the next meeting of the board of supervisors. In

year thereafter for the ensuing three years, until the such an event, notice of such resignation and appoint

apportionment is altered, one-fifth part is to be applied ment should be forwarded to the Superintendent, and

to the purchase of district libraries: that being the proto the clerk of the board of supervisors.

portion of money appropriated by the State for that TOWN CLERKS.

purpose. It is recommended to the county treasurers,

that in making their payments to the town superintendThe town clerk is er officio clerk of the town superin

ents of common schools, they designate the exact sum tendent as he was formerly of the commissioners of

which is one-fifth of the whole, and specify it as "libraof common schools; and it is his duty, among other

ry money," and the residue is teachers' money." things, to prepare, under his direction, all his reports,

, By 6 23 and 24 of the act of 1841, (Nos. 111 and 112.) estimates and apportionments of school money, and to

the county treasurer, on receiving from the trustees of record the same,and his other proceedings,in a book to be

any school district an account, affidavit and certificate kept for that purpose;" to receive communications from

of unpaid taxes assessed on unoccupied and unimprov. ibe Superintendent, and dispose of the same as therein

ed non-resident lands, as particularly specified in the directed; to transmit to the county clerk the annual re

preceding sections, (No. 108, 109, 110,) is to pay the ports of the town superintendent; and generally to con.

amount šo returned out of any moneys in the treasury from to his directions in all matters relating to his offi.

raised for contingent expenses; and to lay such account, cial duties. (No. 52.)

affidavit and certificate before the board of supervisors By 31 of the act of 1911,(No. 53,) they are to be allow.

of his county, who are to cause the amount so paid, ed, in their accounts for postage paid by them on commu.

Il (unless previously refunded to the county treasurer by nications from town superintendents or trustees; and it

the person liable, Ø 25, No. 113,) to be levied upon the is made their duty to transmit to the Superintendent

lands of such non-residents in the same manner with the names of the clerks of the several school districts:

other contingent charges of the county. If the amount to distribute communications from the Superintendent

so advanced by the Treasurer cannot be collected of to the clerks of the school districts; and to receive and

the persons liable to pay, the Comptroller is to refund transmit to the Superintendent such returns and papers

the same, and sell the land in the usual manner for aras he shall, by regulation, require to be transmitted by

rears of taxes. them."

The several town clerks are hereby required to for TOWN SUPERINTENDENT OF COMMON SCHOOLS. ward to the county superintendents of their respective

His duties relate to, counties, within ten days after the annual town meet.

| Ist. The division of their town into school districts, ing in their several towns, the names of the town su

the alteration, regulation and description of them: perintendent of common schools therein. They are al.

2d. The receiving and dividing the public school moso required to forward to the county superintendents,

I neys among those districts: the names of the clerks of the several school districts in their town, from time to time, as they shall be re

3d. The collection of certain penalties and forfei.

tures: ceived from the district respectively, as hereinafter di

4th. The inspection of schools and licensing teachrected. (See District Clerk.)


5th. The making of annual reports to the county COUNTY TREASURERS.

clerk, They are to apply to the Comptroller and Treasurer By 5 3 of the act of 19 is provided that in the on the first day of February in each year for the school erection or alteration of any school district, the trus. moneys apportioned by the Superintendent to their re tees of any district to be affected thereby, may apply spective counties. The amount they will ascertain from to the supervisor and town clerk to be associated with the copy which the county clerk is required by law to the town superintendent; and their action shall be final

rnish them. of the notice of apportionment transmit-ll unless duly appealed from: the compensation of the ted to him.

supervisor and town clerk when thus associated, shall 1. The county treasurer is to draw on the Treasurer be the same as that of town superintendent. or ti State, in the following form:

So much depends upon the proceedings of the town su

tion of school districts.

perintendent and his associates, that too much care can- | 3. Form of Notice to Trustees not giving their consent to not be taken to insure their regular entry by the town

an alteration of their District. clerk in his book of minutes. Their resolutions are

The Trustees of District No. 1, in the town of Trenvalid, although not recorded, and thus the legality of

ton will take notice, that an order was made this day proceedings by trustees and inhabitants of school dis

by the town superintendent of common schools of the tricts may be affected without their knowledge. It is

said town, of which the following is a copy, by which therefore earnestly recommended to these officers to

certain alterations in the said district are made as will require from the town clerk the performance of the

appear by the said order; and that such alterations will duty enjoined on him by law, of attending all their

take effect after three months from the service of this meetings, and in no case to adjourn without personally

notice. Dated, &c. examining the minutes of their proceedings as entered

G. H., Town Superintendent of Common in the book kept for that purpose. In no other way can

Schools of the town of Trenton. their preservation be secured, or their accuracy in

(Here insert copy of order of town superintendent.) sured.

This notice may be served on any one of the trustees; and it will be found useful to have an acknowledgment of the service by the trustee receiving the notice, en dorsed on a copy of it, and filed with the town clerk.

4. Notice of the First Meeting in a District, to organize. As it is presumed that the present arrangement of: This is required by law to be given within twenty school districts comprises all the territory of the State, I days after the formation of any district. If the consent required to be thus organized, the future formation of or the trustees or the districts interested has been given districts will necessarily interfere with those already ex

to the alterations covered by the order, then the notice

should be for a day as early as may allow sufficient isting; and consequently the provisions of law relating

Icime for general information. But if it be necessary to to the alterations of districts will be applicable to such

give notice of the alteration to the trustees of any disproceedings.

trict, then the notice for the first meeting should speciIn exercising the discretion vested in them on this sub

fy a day subsequent to the expiration of three months ject, it is recommended to the town superintendents to

after service of the notice of alteration, because the disascertain and consult, as far as possible, the opinions

trict cannot organize until after that time. and wishes of the inhabitants of the districts interested.

The notice may be in the following form: The success of the system depends so much upon the hearty concurrence of the people, that it is often better To

a taxable inhabitant of District No. 23, to yield an abstract rule, in order to produce unanimi. in the town of Trenton. ty, than by a rigid adherence to what may be in itself The town superintendent of common schools of the proper, produce discord and dissension. The good sense town of Trenton, having by an order, of which the folof a district may be relied upon, to perceive ultimately lowing is a copy, formed a new district in the said town, its true interest, and the loss of time in attaining the to be numbered 23, consisting of the territory particu. desired end, is unimportant when compared with the larly specified in the said order; you are hereby requirconsequences of defeating the wishes of a decided ma- led to notify every inhabitant of the said district qualifi. jority in a district These remarks of course are not led to vote at district meetings, to attend the first disapplicable to those clear and manifest cases where great strict meeting of the said district, which is hereby apprinciples are involved, or where the vital interests of a pointed to be held at the house of

in the said district may be endangered by measures which although town, on the day of next, at 6 o'clock in the temporarily popular, are sure to be ultimately regret-afternoon, by reading this notice in the hearing of each ted.

such inhabitant, or in case of his absence from home,

by leaving a copy of this potice, or of so much thereof 1. Form of a resolution creating a New District.

as relates to the time and place of such meeting, at

least six days before the said time so appointed for the At a meeting, &c.

said meeting. Dated, &c. Resolved, That a new school district be formed to con

A. B., Town Superintendent of Common sist of [the present Districts No. 1 and No. 2; or the pre

Schools of the town of Trenton. sent District No. I and a part of District No. 2; or parts of Districts No. 1 and No. %, as the case may be,) which A copy of the order forming the district should be ansaid new district shall be numbered 23,) and shall be nexed to this notice, as the most convenient mode of bounded as follows: (on the north by the north line of describing the district, and most likely to prevent er. the town of Trenton: on the east by the easterly line of ror3. the farms and lots of land now occupied by Thomas || The inhabitant serving the notice should keep a me. Jones, William Thomas, &c.; on the south by the south

on the mouth by the south Il morandum of the names of the persons notified by him, line of lots No. 56, 57 and 59, as designated on the map specifying the manner of notifying, whether by reading of said town; and on the west by the westerly line of the or leaving a copy, or the substance of the notice, at the farms and lots now occupied by A, B, C, D, &c.]

place of abode of any absent voter; and this memoran. The formation of the aloresaid district, involving an dum, certified by him, should be delivered to the chairalteration of District No. (1 and No. 2,] the consent of man or clerk of the district meeting and read, that it the Trustees of the said districts to such alteration has may be ascertained whether notice has been duly given been presented to the town superintendent, and filed with || so as to justify the voters in proceeding to the transacthe town clerk. [Or, if such consent has not been given, Il tion of business; and the original notice and return the following entry should be made: The formation of should be filed with the district clerk, as evidence of the the aforesaid district, involving an alteration of Dis-l regularity of the organization. tricts No. 1 and 2, and the consent of the Trustees of 5. If either of the districts from which a new one is District No. 1 to such alteration not having been given, i formed, is possessed of a school-house, or entitled to it is ordered that a notice in writing of the said altera- 1 any other property, as the inhabitants'attached to the tion, signed by the town superintendent be served on new district ought to participate in what has been thus one of the Trustees of the said district, by the Clerk | acquired by their contribution, the town superintendent of the town superintendent.]

is required, by sections 67 and 69 of the Revised Sta.

tutes, (Nos, 92 and 93,) to ascertain the amount justly 9. The consent of the trustees of the altered district || due to such new district, on account of such property. may be given by endorsing it on a copy of the order, as It will be seen that the statute contemplates the indebt. follows:

edness as being in all cases to the new district, and neWe hereby consent to the alterations made in District

ver from it: and this must necessarily be the case. For

if a school-house should happen to fall within the No. 1, in the town of Trenton, by the order of which the

bounds of the new district, still it belongs to the dis. within is a copy. Dated, &c. A. B.

trict by which it was erected, and is to be sold by its o C. D: Trustees of District

trustees. See No. 88, (sec. 4, chap. 308, laws of 1935 ) No. 1. E F.)

The books in the district library, and all other personal

property, are to be appraised in like manner, as there This consent, like all other acts of trustees, should || is no authority for making any partition among the disbe given at a meeting of the whole, or of a majority, Itricts. when all have been notified to attend. The statute does | Having ascertained the value of the common propernot require it to be in writing; but it is advisable to ty, the debts owing by the old district are to be de. prevent disputes, that a written consent should be filed ducted; and of the balance remaining, the portion bewith the town clerk.

"longing to each district is to be determined according

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