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§ 7. The public money which shall be apportioned to the districts included in the said Union school district, shall be paid to said board, and be applied by them to teachers' wages in the several schools in their charge in said district, in proportion to the average number of scholars pursuing common school studies in each of said schools. The annual report of receipts and expenditures required to be published by said board, shall specify all sums received, and from whom, and all persons to whom payments were made, and the general character of the demands paid. Upon the application of said board of education to “the Regents of the University of the State of New York,” said regents may acknowledge and declare said Union school to be an academy; and it shall thereafter be an academy, subject to, and to be governed by, the provisions of the act author: izing said Union school, and subject to such rules and regulations as said regents mayprescribe. * -
The People of the State of New-York, represented in Senate and Assembly, do enact as follows: *
§ 1. There shall hereafter be elected in school district number twelve, formed partly out of the town of Ridgeway and partly out of the town of Shelby, in the county of Orleans, and lying principally within the village of Medina, in the manner now provided by law, three trustees, who shall, respectively, hold their offices three years. Christopher Whaley, Silas M. Burroughs, John Ryan, Daniel Starr, Isaac W. Swan and Archibald Servoss, are hereby appointed trustees of said district, and shall, respectively, hold said office as follows, namely: the term of office of Christopher Whaley and Silas M. Burroughs shall expire at the same time that the term of office of Roswell Starr, as trustee of said district, shall expire. The term of office of John Ryan and Daniel Starr shall expire at the same time that the term of office of Isaac K. Burroughs, as trustee of said district, shall expire; and the term of office of Isaac W. Swan and Archibald Servoss shall expire at the same time that the term of office of Nathan Bancroft, as trustee of said district shall expire. . -
§ 2. The trustees of said district and their successors in office shall constitute a board of education for said district and for the purposes of this act in addition to the present powers and duties of trustees, are hereby constituted a body politic and corporate, by the name and style of “The board of education of the village of Medina,” and said corporation shall have power to establish and organize a classical school in said village to be known by the name of “The Medina Academy,” and such classical school shall be subject to all laws and regulations applicable to other incorporated academies of this state and shall be entitled to share in the distribution of the monies of the literature fund upon the same terms as other academies of this state; and the regents of the university shall recognize said academy as such assoon as the required sum of money shall be expended in buildings, and competent teachers employed therein.
§ 3. Said board of education shall appoint one of their number president of said board, who shall preside at the meetings of said board when present; when absent a president pro tempore shall be appointed in his stead. They shall also appoint one of their number secretary, who shall record all the acts doings and resolutions of said board; and in the absence of the secretary a. secretary pro tempore shall be appointed to discharge such duties. They shall also appoint a collector, librarian, and treasurer of said district who shall respectively, hold their offices one year from their appointment, and until
others are appointed in their places, unless sooner removed by said board;
such collector, librarian and treasurer shall each, within ten days after notice
of their appointment, in writing, and before entering upon the duties of their office, execute and deliver to said board of education a bond, in such penalty and with such sureties as said board may require, conditioned for the faithful
discharge of the duties of his office. In case such bond shall not be given with
in ten days after receiving such notice, such office shall thereby become va
cated, and said board of education shall thereupon make an appointment to
supply such vacancy. — — . . .
§ 4. The said board of education shall have power to fill any vacancy which may happen, by reason of the death or removal from the said district of any member of said board, and the officer so appointed shall hold his office for the unexpired time of the person to supply whose place he shall be so apbointed. - - l § 5. Said board of education shall possess all the powers, and be subject to all the duties in respect to said district, that the trustees of common schools now possess or are subject to, and such other powers and duties as'
are given or imposed by this act. § 6. The taxable inhabitants, of said district, at my annual, special or adjourned meeting legally held, may vote to raise such sum of money as they shall deem expedient for the purpose of purchasing a site and building a school house in said district, or for the purpose of purchasing any suitable building for such purpose, and direct the trustees to cause the same, to be levied and raised by instalments, and make out a tax for the collection of the same as often as such instalments shall become due; and the legal voters at any such meeting are authorised to fix the compensation for collecting and paying over to the said board of education the amount so levied. § 7. The inhabitants of said district shall have no power to rescind the vote to raise such sum of money, at any subsequent meeting, unless the same be done within ten days thereafter; nor shall they have power to reduce the amount of the same after the expiration of ten days from the time the tax was first levied, but may remit such sum as shall remain unappropriated after paying for the site and erection of the house or purchase of suitable buildii) Co. - i - o 8. The said board of education are hereby authorised to obtain by loan the whole or any part of the money legally voted by said district, and secure the payment of the same by their official bond. - § 9. The Comptroller of this state is hereby authorised and directed to loan to the said board of education, such sum as the said board of education shall certify to said comptroller to have been voted by the inhabitants of said district, in pursuance of this act, not exceeding the sum of five thousand dollars, out of the moneys in the treasury belonging to the capital of the common School fund, and for the purpose of purchasing a site, and erecting or purchasing a suitable building for a school house in said district ; and the money when loaned shall be charged upon the books of the comptroller to said district and the same shall be paid over to said board of education, to be applied by them for the purpose of purchasing a site and erecting- or purchasing a school house for said district. . . . : § 10. The sum so loaned shall be paid to the comptroller of this state, in annual instalments thereafter as determined by the vote of said district raising such sum of money, with annual interest theréon. § 11. The said board of education are hereby authorised, and empowered to sell at public auction to the highest bidder, the school house and site thereof belonging to said district, by giving public notice to be posted in ten public places in said district, ten days previous to such sale, and apply the proceeds arising from such sale, towards purchasing a site and erecting a school house in said district, or to such other purpose, as said district shall direct; such sale may be made upon such terms of credit, as said board of education shall determine upon, and a bond and mortgage taken by said board for the whole or any part of the purchase money, or price for which said site and house may be sold and such bond and mortgage may be sold and assigned by said board at par, for money to be applied by them as herein provided. - – ; § 12. The said board of education, are hereby authorised and empowered to make such by-laws and regulations, as they may deem necessary to secure the prosperity, order and government of said school, and divide the same into primary and higher departments, and regulate the transfer of scholars from one department to the other, and provide suitable instructors for each department, direct what text books shall be used in the same, purchase fuel and other necessaries for the use of the school or schools in said district, and all contracts made by them in their official capacity, shall be binding upon them and their successors in office: to fix and regulate the terms of tuition fees in said primary and other higher branches in said school or schools, to sue for and collect in their corporate name, any sum of money due to said district : to receive and apply to the uses of said school or schools, or any department thereof, any gift, legacy, bequest or annuities, given or bequeathed to said board and apply the same, according to the instruction of the donor or testator to take and hold any real estate given or bequeathed to said board for the purposes of said school or schools, or any department thereof, and apply the same, or the interests or proceeds thereof, according to the terms and instructions of the donor or testator: to have in all respects the superintendence, supervision, management and control of said school or schools, or any department thereof, and to hire, pay and discharge any teacher or teachers, employed by them in said school or department thereof. - . § 13. Said board of education shall in all respects be subject to the restrictions and control of the superintendents of common schools, of the town, connty and state, in the same manner as the common schools in this state are subject. ' ' 14. Said board of education shall have power and are hereby authorised to receive into said academy, and cause to be instructed therein any Fo or pupils residing in or out of said district, and to regulate and estabish the terms of tuition fees of such resident or non-resident pupils; and said board of education shall have power to regulate the tuition fees and rates of charges for instruction in the higher English and classical departments of said academy, and shall have power to make such application of the money raised for the support of common schools in said district for the payment of teacher's wages as said board shall determine, and may divide and apportion the same in such manner as said board shall deem best to pay the salaries of teachers employed in said academy, or the elementary English schools connected therewith or maintained in said district under their supervision. The rates of tuition in the elementary English branches in the schools maintained in said district, shall be subject to the general laws relating to common schools, and after applying such portion of the money received in said district as said board shall determine towards the support of such elementary English departments, such sum, not to be less than one half of all the , moneys received in said district for the support of common schools. therein, the additional sum required to pay teacher's wages and provide fuel and other contingent expenses necessary to the support of such elementary schools, shall be estimated, assessed, collected and applied in the manner provided in chapter one hundred and forty and four hundred and four of the session laws of eighteen hundred and forty-nine, or in such other manner as shall be hereafter provided by law for the support of common Schools. - *- § 15. All moneys raised in said district for the purposes of said school, and all moneys to be received by such district from the common school fund or other source, shall be anually paid to the said board of education, and be applied by them for the uses of said school or schools according to law.
§ 16. The members of said board of education, before receiving any moneys belonging to said district, shall severally execute to the towu superintendent of common schools of the town of Ridgeway, their separate bonds with two sufficient sureties to be approved by said town superintendent, in a penalty at least double the amount to be expended by them, for the benefit of said school during the next ensuing year, conditioned that such trustee giving such bond, will faithfully account for the expenditure of all moneys, he shall receive for said district, and pay over the balance remaining in his hands at the time of the expiration of his office to the other trustees, and the district at any legal meeting thereof, may require the penalty of such bond to be increased, or additional security to be given by either or all the trustees, if they shall deem the same insufficient, and any trustee, treasurer of said district, or member of said board, who shall apply any moneys belonging to said district to his own use shall be deemed guilty of embezzlement.
§ 17. This act shall take effect immediately.
LODI AND OWEGO.
§ 1. The trustees of school district number one, formed from the towns of Persia and Perrysburgh, in the county of Cattaraugus, and the town of Collins, in the county of Erie, known as the “Lodi Union School District,” are hereby authorized, if the inhabitants of said district shall, at any regular School district meetiug so direct, to make thereafter, and until the said inhabitants shall in like manner otherwise direct, separate and distinct ratebills, for the payment of the wages of the teachers in the primary and in the higher departments of the school kept in the said district; provided that the manner in which such rate-bills shall be made, shall have been determined by such regular school district meeting aforesaid,
§ 2. The provisions of the preceding section of this act shall also apply to school district number one, in the village of Owego, in the county of Tioga, so far as the same shall be applicable to said district.
AN ACT to establish a free school in district number three in the town of - Newtown.
Passed, March 16, 1850, “three-fifths being present.”
The People of the State of New York, represented in Senate and Assembly, do enact as follows: - - - - -
§ 1. School district number three in the town of Newtown, in the county of Queens, shall form a permanent school district, and shall not be subject to alteration by the town superintendent of common schools for the town in which said district is situated. . . . . . . -
§ 2. The said district shall be under the direction of a board, to be styled “The Board of Education,” which board shall consist of five members, three or more of whom shall constitute a quorum for the transaction of business. John B. Reboul, Daniel R. Remsen, Roe H. Smith, Nathaniel Filbey and Albert Q. Wittemore shall compose the first board of education, and shall hold their office from one to five years, that is to say, one shall go out of of. fice in each year, and in the order in which their names stand recorded in this section. - . . - . . . .
§ 3. At the annual meeting of said district in each year, there shall be elected, for five years, one membér of said board of education, who shall be a resident and taxable inhabitant of said district. Said election, and allother elections provided for by this act, shall be held by three inspectors, who shall be appointed by the board of education at least thirty days preceding such election, and shall be by ballot, and conducted in the same manner as the annual election of village officers. • ‘ ... §4. The said board of education may make all necessary by-laws for their government; they shall have the entire Gontrol and managettient of all the common schools within the said district, and all the property belonging to the same ; and they shall have and possess within the said district all the rights, powers and authority of town superintendent of common schools, and they shall provide for keeping a school in said district at least six months in each year, and as much longer as may be practicable. They may appoint a collector, with all the powers and duties of a district collector, or may employ the town or village collector for that purpose; and such collector shall collect and pay over the school moneys assessed upon said district, to the treasurer of the board of education, in the same manner and under the same eonditions as is imposed by the laws of the town or village of which he is such collector. They shall require two of the members of said board to visit each school in said district at least once in each week, to render such assistance to the teachers and advice to the pupils as may be necessary, and to see that the regulations are rigidly adhered to. § 5. The said board of education are hereby authorized and empowered to raise a sum not exceeding one thousand dollars, by tax on said district, to be levied, and collected in the same manner as taxes are authorized by law to be levied and collected in the towns of this state. r § 6 The said board of education are hereby authorized and directed to levy and collect by tax, in each year, upon all the taxable property and inhabitants, such sum as may be necessary, not exceeding in amount one-fifth of one per cent. on the value of such taxable property, as the same shall be assessed by the assessors of the town of Newtown; and the said board shall add to their warrant for collection of such taxes, such amount as they may deem proper for fees for collection, not exceeding five per cent on the amount. - - § 7. The town superintendent of common schools of the town of Newtown shall pay over to the treasurer of the board of education all the public moneys to which said district number three shall be entitled, for school purYOSéS. . i § 8. The said board of education shall call an annual district meeting at such time in the year as they may think proper, and submit thereto a full report in writing of their doings as such board; and shall state therein the number and condition of the schools in said district, under their charge, and the number of scholars attending the same; the studies pursued; the amount of moneys received from the state, as well as the amount raised in the district for school purposes, and the expenditure of the same, and generally all the particulars relating to the schools in said district; which report may, if the said board think proper, be published in pamphlet form, or in some news paper published in the county. * . § 9. The board of education shall have entire control and charge of the district library ; they may employ a librarian, make such additions to the library and such regulations in relation thereto, as they may deem necessary Ol' OFOOe]", - . g #. A school for colored children may be organized as a district school, and be supported as the other schools in said district are under this act. * . . * - . § 11. Whenever the said board of education shall deem it necessary to erect one or more school-houses in said district, they shall submit the plans and estimated cost of such building to the electors of such district, at a special meeting called for that purpose, and if a majority of such electors present shall vote.in favor of the same, the said board may proceed to erect said