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The Legislature, and the general regulations and decil and advance the interests of the schools committed to sions of the superintendent made pursuant to any law, ll his charge. shall be published gratuitously. The said periodical No. 171 (a)- 8. Certificates of qualifications hereafshall be sent to the clerk of each district, whose duty ter granted to applicants by county superimendents, it shall be to cause each volume to be bound at the ex- shall either be general, in the form heretofore prescrit: pense of the district, and the same shall be preserved i 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 súperin. espense of such subscription, not exceeding twenty-tendent granting the certificaie until annulled; or spe. eight 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 specified; and such this state by the United States.(1)
certificate shall be in force sor a term not exceeding one No. 170-16 43.) The superintendent of common year. schools may cause to be printed a suflicient number of ģ 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 ceruncate of quali. town superintendents of common schools, and of lists cation granted by any county superiniendent. of pupils attending schools, and cause them to be trans- § 10. The superintendent of cominon schools, on the mitted to the several county clerks, for the use of those recommendation of any county superintendeni, or ou officers and of teachers of schools; and he shall cause such other evidence as may be satisfactory to hin, may Title second of Chapter fifteen and Part First of the grant certificates of qualication under his hand and seul 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 within this state; which certificate shall be valid until of the said Title have been altered by subsequent acts, 9 duly revoked by the superintendent. such provisions shall be varied so as to make them con- (6) ó 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 suficient cause for such re. shall judge proper. Copics of the said title so amended movalexists; and the vacancy thereby occasioned shall shall be transmitted to the town superintendent of be supplied by appointment under his haud and official common schools, and all other officers charged with the scal, 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 ineeting thereafter. No. 171-16 36.] The board of supervisors in each
No. 172-19 37.) Any superintendent may at any time county of the state shall appoint a county superinten- resign bis office to the clerk of the county for which he dept of common schools for such county; and in those
was appointed; and in case of a vacancy in the ollice counties in which there shall be more than one hundred
from any cause, stel 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. 173–1938.] The county superintendents shall be tendents, or one in their discretion; and at all such ap- l subject to such general rules and regulations as the suipointments bereafter 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 district respectively, when
in the same inander and with the like efirct as in cases There shall be two appointed; but no share of the public not provided by law, and they shall make reports an. money shall hereafter be apportioned to any county in nually to the superintendent nt 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 addi. mon schools. Such county superintendents shall holdtional 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 superiniendent filed with the county clerk, with. causes 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 superthe clerk of the board of supervisors to the superinten.!
intendents may be appointed. dent. Every such county superintendent shall have
No. 17-5-[39.] The county superintendents shall power, and it shall be his duty,(a)
cach be allowed two dollars for each day necessarily 1. To visit and examine all the schools and school spent in the discharge of their duties; but the whole districts committed to his charge as often in cach year amount of compensation in any one year, shall not ex. as may be practicable, having reference to the number ceed live hundred dollars for any deputy superintendent, of such districts; to notify the town superintendent of and the amount shall be audiied and certified by the common schools of the town of the time appointed io
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 coun: superintendent to visit, with him, the said schools, and ties respectively for which they shall be appointed, and with such town superintendents, if they or any of thein shall be raised and paid in the same manner as other will attend at sucli visits, or without their presence, it 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 ine condition of l of the common school fund, arising from the income of The school-houses, and of the districts generally; and
the moneys deposited by the United States.(1) to advise and counsel with the trustces and other oifi
No. 171-(c) 56. The moiety of the compensation of cers of school districts in relation to their duties, par- the county superintendent of any county pivable by the ticularly in relation to the erection of school-houses, ll 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 suemployed by them, the proper studies, discipline and perintendent of common schools, that the county super. conduet 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 partinent, and also made the annual report required by used therein:
law. 2. To examine persons offering themselves as candi- (d) ý 11. The board of supervisors of the 's veral conndates for teachers of common schools, and to grant lies, may andit and allow the accounts of the connty them certificates of qualification, in such form as shall superintendents of their respectire counties, rendered be prescribed by the superintendent; which certificates under oath, for postare on their necessary official comshall be evidence of the qualification of such teachers, i 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. 175-01.] The taxable inhabitants of each school mote sound education, elevate the character and quieli. | district in the state, shall have power when lawfully fications of teachers, improve the means of instruction,
(a) Laws of 1843, chap. 13, 8, 9, 10, (1) Th. 5. (1) Laws of 1811, chap. 260, Ø 32. (2) Ibid, § 43. (1) Laws of 1911, chap 260, Ø 36 10 39 inclusive, (a) Amended by laws of 1813, chap. 133, 4.
(c) Laws of 1843, chap. 133, $ 6. (d) Ibid. $ 11.
assembled at any district meeting, to lay a tax on the of the state; which regulations shall be obligatory up. district not exceeding twenty dollars for the first year, on all persons and officers having charge of such librafor 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 tx, 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 wri. No. 176-1° 2.) 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 to ihe trustees of such library, that they will not be reany subsequent year, to lay a tax not exceeding ten dol-sponsible for any books delivers 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—(3 3.) 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 annual No 183—[ 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 libra. as the inhabitants may adopt for his government. rian, or of any district meeting in relation to their
No. 178–19 4.] The iaxes authorized by this act to be school library, may appeal to the county superintend. raised, shall be assessed and collected in the same man. ent 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 tilty-five thousand dollars No. 184-10 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 cominon schools, unite the like conditions as the school moneys are now or shalliheir library moneys and funds as they shall be received hereafter he distributed, except that the trustces of the or 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-eighi, shall except that the property in them shall be deemed to be continue to be applied to the purchase of books for a vested in all the trustees for the time being of the disdistrict library until otherwise directed by law; but sricts 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 tilty children between the made by the trustees of the two districts whose libra. ages of five and sixteen years, shall exceed one hundred ries are so united, and in case they cannot agree, then and twenty-five; or of any district numbering fifty child 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) tied to vote therein, may, at a special meeting duly no. 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 held, as shall be directed by the superintendent of comshall 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) appurteninces thereof, shall be deemed to be vested in No. 166-167.] 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 will in 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 staie, with forms and instructions ner. The librarian of any district library shall be sub for its execution, to the clerks of the respective counject to the directions of the crustees thereof, in all mat- lies, who shall forward the number directed to each iers 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 thein for wilful disobedience of such directions, or for any wilful neglect of duty; and whenever they shall furnish to each school district in the state, one copy of
No. 187-1942.) The superintendent may procure and have reason to apprehend the loss of any such books, or their injury, or desiruction by his misconduct; and and where a district consists of parts of two or more
a map of the county in which such district is located, whenever a vacancy shall exist in the office of librarian, counties, then a map of the county in which the school the same shall be supplied by the trustees until the next
house in such district is situated, the same to be neatannual meeting of the inhabitants of the district.
No. 181-1 2.) Trustees of school districts shall be y varnished and mounted on rollers, and to contain a liable to their successors for any neglect or omission; tistics of the county, with a statement of the popula:
brief summary of the geological and topographical stani relation to the care and superintendence of district libraries, by which any books therein are lost or injur- tion of the several towns according to the last national ed, to the full amount of such loss or injury in an ac.
The entire expense of such maps when detion on the case, to be brought by such successors in average eighty-eight cents to each district; and the
livered to the several districts, shall not exceed on the their name of othice. No. 182-103 ) A set of general regulations respect.
accounts of the superintendent therefor, shall be paid
on the warrant of ihe comptroller out of the moneys ing the preservation of school district libraries, the de. livery of them by librarians and trustees to their sue: appropriated by the act of the 17th April, 1539, for the cessors in office, the use of them by the inhabitants of purchase of district libraries; and the sums so paid the district, the number of volumes to be taken by any of the several counties by the Comptroller.(2)
shall be withheld from distribution, to the treasurers one person at any one time or during any term, the pe. riods of their return, the fines and penalties that may
No. 187 (1)-ý 19. All other such provisions of law as imposed by the trustees of such libraries for not return
are repugnant to, or inconsistent with, the provisions ins, losing or destroying any of the books therein, or
of this act, are hereby repealed; but nothing in this for soiling, defacing or injuring them, may be framed act contained shall be so construed as to impair or af. by the superintendent of common schools, and printedzation and management of schools in any of the incor
fect any of the local provisions respecting the organicopies 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 1939, ch. 177.) (2) Th. 1941, ch. 260, \ 42. (9) Laws of 1813, chap 133, $ 16.
(a) Laws of 1813, chap. 133, 19
INSTRUCTIONS Concerning the Duties of the various County, Town and District Officers, and of the
Inhabitants of Districts, under the Laws relating to Common Schools.
BOARD OF SUPERVISORS.
these officers must necessarily exercise upon the vari. It is their doty as a board, to add to the sums of
ous interests connected with the common schools, will, money to be raised in each town for other purposes,
doubtless, induce corresponding caution and deliberasum equal to that which shall have been apportioned to
tion on the part of the respective boards of supervisors, such town, by the Superintendent. See No. 19, of Laws.
in making these appointments. The highest standard For a neglect of this duty, in addition to other respon
of qualification should be required; and all other consibilities, they are liable individually to a penalty of siderations than those appertaining to the permanent $250. 16, Title 2, Chap. 12, Part 1, Revised Sta
welfare and prosperity of the schools should be disre.
garded. Such superintendents are to hold their office tutes. It is understood that in some counties this duty is not
for two years, subject to removal by the board of su. performed by the board, but that the clerk, or each su
pervisors, on complaini, for causes to be stated. They pervisor for his town, adds to the assessment roll the
are to be allowed two dollars for each day necessarily requisite sums. This practice is entirely unauthorized, spent in the discharge of their duties; the whole amount and may occasion serious questions respecting the le:
of compensation not to exceed five hundred dollars for gality of the assessment. There should be a formal
each deputy superintendent; and the amount is to be
audited and certified by the board. resolution entered on the minutes, in a form similar to the following:
They are also subject to removal from office by the Resolved, That there be raised, levied and collected Superintendent of common schools, " whenever in his on the several towns of this county, the sums follow- judgment sufficient cause for such removal exists ; "and
ihe vacancy thereby occasioned, shall be supplied by ing, set opposite to the name of each town, for the support of common schools therein, during the ensuing appointment under his hand and official seal until the year; the said sums being equal to those apportioned next meeting of the board of supervisors of the county to the said towns respectively, by the Superintendent in which such vacancy exists. A copy of the order of common schools, from the income of the common
making such removal, specifying the causes thereof,
shall be forwarded to the clerk of the board of supervis school fund, and the means provided for that purpose; and that the said sums be added to the amounts directed
sors, to be by him laid before the board at their first to be raised on such towns for other purposes, and be
meeting." 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. each year, copies of the resolutions and proceedings of ried accordingly, by adding and that there be raised, their boards respecting the raising of money for libra. levied and collected on the city of for the same ry or school purposes; and particularly the amount di. purpose, the sum of veral statutes of the Legislature,'' ["and in conformi- nish the evidence of a full compliance with the law
pursuance of the se rected to be raised in each town. An omission to fur. 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, 19 6 in the second By $ 36 of the act of 1sil, (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 superiodistinct 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 Tately from that directing the levying of the amount re- 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 pre. to 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, 1929, hc may make respecting treasurer, together with seven per cent in addition the preservation and use of the books. (No. 192.) The thereto, to be levied upon the lands of non-residents, decisions referred to, are those which the Superintendo liable to pay the same, and the same proceedings in allent 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 $ 36 of the act of 1941, (No. 71,) in connection same officer is authorized to make on appeal, under the with $ 4, of the act of 1843, the Board of Supervisors 4th section of the “ act 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 where 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- led 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 ney. money can, without the express order of the superin 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 Supercounty 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 in. The importance of the duties confided by law to the || justice to the dearest interests of the public. Officers county superintendents, and the great influence which I charged with the sacred trust of superintending the ed.
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 of the district libraries, ought to make up their minds sind seren hundred and fire dollars eighty-eight cents,
Pay to the order of James Jones, the sum of fire thou* faithfully to discharge the obligations they have taken being the amount of school moneys apportioned 10 ibe upon themselves, or resign their trusts A single ex. ample in a flagrant case, will not only prevent future Schools, to be paid on the 1st day of February, 194
county of Orange by the Snperintendent of Common disobedience, but will tend most effectually to remove
Dated this day of February, 1840. the causes of contentions and disturbance, which de.
Samuel Chase, County Treasurer stroy the peace and harinony of a district, and termi.
of the County of Orange. nate in breaking up its school.
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 of
I hereby certify that Samuel Chase, was at the date of apportionment of school moneys which he may receive above drait, 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 Thomis, 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 : and it may becoine necessary either to call a special dorse it, directing the amount to be paid to a person to
does not himself present it for payment, he should enmeeting of the board for this purpose or to withhold the whole or a portiou of the public money from distri- l in person he must endorse it to the individual who is to
be named: and if the latter does not present the draft bution
receive the money. It is essential that these endorse. The 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 \ 39 of the act of 1947, (No. 173,) who are to have access to the reports / warrant on the Treasurer, by whom it will be paid, on
will present it to the Comptroller, who will attach his of the town superintendents, on file with the county taking a receipt from the person thus presenting it. It clerk, without charge for that purpose.
these instructions are followed, and particular atteo It is still, however, the duty of the county clerk, un
tion puid to having the endorsements all regular, no der y 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 thereafter to give notice of such neglect to the town clerk; || common schools of cach town, and to one or more of
"give notice in writing to the town superintendent 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. ll the county, of the amount apportionců to such town or
County superintendents, by 9 37 of the act of 1811, (No 172,) are authorized to resign to the clerk of their
Of 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 pext meeting of the board of supervisors. In such an event, notice of such resignation and appoint-year thereafter for the ensuing three years, until the ment should be forwarded to the Superintendent, and apportionment is altered, one-fifth part is to be applied
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 inaking their payments to the town superintendo The 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 ý 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 unimprove The 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 from to his directions in all matters relating to his offi-raised for contingent expenses and to lay snch 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-l of his county, who are to cause the amount so paid, ed, in their accounts for postage paid by them on commu: (unless previously refunded to the county treasurer by nications from town superintendents or trustees; and it ll the person liable, $ 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 hy the Treasurer cannot be collected of to the clerks of the school districts; and to receive and
the persous 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 transinitied by rears of laxes. 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,
neys among those districts: the names of the clerks of the several school districts
3d. The collection of certain penalties and forfei. in their town, from time to time, as they shall be re
tures: ceived from the district respectively, as hercinafter 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 9 3 of the act of 1943, it is provided that in the on the first day of February in each year for the schoolll erectiou or alicration of any school district, the trus. moneys apportioned by the Superintendent to their re. tecs 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 whic county clerk is
by law to the town superintendent; and their action shall be final furnish them, of the notice of apportionment transmit- unless duly appealed from: the compensation of the ied 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. of ti. State', in the following form :
So much depends on the proceedings of the town su
perintendent and his associates, that too much care can. 3. Form of Notice to Trustees not giring 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 Tren. valid, 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 schoul districts may be atfected without their knowledge. It is said town, of which the following is a copy, by which
by the town superintendent of common schools of the iherefore 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 duiy enjoined on him by law, of attending all their take effect after three months from the service of this
appear by the said order; and that such alicrations will meetings; and in no case to adjourn without personally notice. Dated, &c. examining the minutes of their proceedings as entered in the book kept for that purpose. In no other way can
G. H., Town Superintendent of Common
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 I. Proceedings in the formation or altera- of the service by the trustee receiving the notice, en
dorsed on a copy of it, and filed with the town clerk. tion of school districts.
4. Notice of the First Meeting in a District, to organize. As it is presumed that the present arrangement of
This is required hy law to be given within twenty school districts comprises all the territory of the State, days after the formation of any district. If the consent required to be thus organized, the future formation of of the trustees of the districts interested has been given districts will necessarily interfere with those already ex
to the alterations covered by the order, then the notice isting; and consequently the provisions of law relating should be for a day as early as may allow suflicient to the alterations of districts will be applicable to such give notice of the alteration to the trustees of any dis
time for general information. Bui if it be necessary to proceedings. In exercising the discretion vested in them on this sub-l fy a day subsequent to the expiration of three months
Crict, then the notice for the first meeting should speciject, it is recommended to the town superintendents to alter 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 success of the system depends so much upon the
The notice may be in the following form: 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 tbe 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 unuportant when compared with the larly specified in the said order; you are hereby requirconsequences of defeating the wishes of a decided ma- ed to notify every inhabitant of the said district qualiti. jority in a district
These remarks of course are not ed to vote at district meetings, to attend the first disapplicable to those clear and manifest cases where great trict meeting of the said district, which is hereby ap. principles 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 iemporarily popular, are sure to be ultimately regret-afternoon, by reading this notice in the hearing of each ied.
such inhabitant, or in case of his absence from home,
by leaving a copy of this notice, 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 At a meeting, &c.
least six days before the said time so appointed for the
said meeting. Dated, &c. Resolved, That a new school district be formed to consist of [the present Districts No. 1 and No. 2; or the pre
A. B., Town Superintendent of Common
Schools of the town of Trenton. sent District No. I and a part of District No. 2; or parts ot Districts No. 1 and No.2, 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 rora. 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 morandum of the names of the persons notified by him, line of lois 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 atoresaid district, involving an dum, certified by him, should be delivered to the chair. alteration of District No. [1 and No. 2,] ihe 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, 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 regularity of the organization. tricts No. 1 and 2, and the consent or the Trustees of 5. If either of the districts from which a new one is District No. I to such alleration not having been given, formed, is possessed of a school-house, or entitled to it is ordered that a notice in writing of the said altera- 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 2. 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 indebi. follows:
edness as being in all cases to the new districi, and new We hereby consent to the alterations made in District ver from it: and this must necessarily be the case. For No. 1, in the town of Trenton, by the order of which the if a school-house should happen to fall within the
bounds of the new district, still it belongs to the diswithin is a copy. Dated, &c. A. B. Trustees of District trustees. See No. 8s, (sec. 4, chap. 309, laws of 1$35.)
trict by which it was erected, and is to be sold by its
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 najority, , tricts. when all have been notified to attend. The statute does Having ascertained the ralue of the common proper. not require it to be in writing; but it is advisable to ty, the debts owing by the old district are to be de. preveni disputes, that a written consent should be filed ducted; and of the balance remaining, the portion be with the town clerk.
longing to cach district is to be determined according