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10. To make all ordinances and by-laws necessary and proper to ART. ! carry into effect the preceding powers. 18

$ 43. The trustees shall meet upon their own adjournment and as Meetings. often as they shall be summoned by their president, or the senior trustee actually exercising his office, and residing within three miles of such academy, upon the request in writing of any other three trustees. 18

S 44. Every meeting so requested, shall be held at such time and Time and place, as the president or senior trustee shall appoint, not less than five, nor more than twelve, days from the time of the request. 18

$ 45. Previous notice in writing of every such meeting, shall be Notice. affixed on the door of the academy, within two days after its appointment; and at every meeting, adjourned or special, the president, or senior trustee present, shall preside. 18

$ 46. The seniority of the trustees shall always be determined ac- Seniority. cording to the order of their nomination in the written application to the regents; and after all the first trustees shall become extinct, according to the priority of their election. 18

$ 47. If a trustee shall refuse or neglect to attend any two succes- Office of trussive legal meetings of the trustees, after having been personally noti- cated. fied to attend, and if no satisfactory cause of his non-attendance be shown, the trustees may declare his office vacant. 19

$ 48. Where the number of trustees of any academy shall exceed Number how twelve, the trustees thereof, at their annual meeting, may reduce the tede number of the original board of trustees to any number, not less than twelve, by abolishing the offices of those, who may omit to attend such meeting, and shall have omitted to attend two other legal meetings after notice. 19

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General Provisions applicable to Colleges and Academies.
Sec. 49. No religious qualification to be required in professors, tutors, &c.

50. No professor or tutor to be a trustee.
51. No president or principal has a vote relative to his own emoluments.
52. No officer to be a regent.
53. No trustee to be a regent, or regent trustee.
54. Colleges and academies now exempt, how to become subject to regents
55. Returns to be made by institutions so subject.

56. Nothing in this Chapter to affect any charter heretofore granted.

$ 49. No religious qualification or test shall be required from any No religious trustee, president, principal, or other officer of any incorporated col-" lege or academy, or as a condition for admission to any privilege in the same.20


(18) 2. R. L. 263, § 10, 11, 12, 13 & 20. (19) Laws of 1817, p. 80, $1 & 2. (20) 2R. L. 275, 18 & 267, $ 8.

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act as regent and no regent a. Uutee.

TITLE 1. S 50. No professor or tutor of any incorporated college or acade

my, shall be a trustee of such college or academy. 21 Trustse Ib. When S51. No president of any such college, or principal of any such

academy, who shall be a trustee, shall have a vote in any case relat

ing to his own salary or emoluments.21 Regent

$ 52. No president, principal, or other officer of any such college

or academy, shall be a regent of the university. 21 No trustee to $ 53. No trustee of a college or academy, shall act as a regent of and no regent the university, and no regent of the university shall act as trustee of

any college or academy; and if any such trustee shall be appointed a regent, or a regent shall be appointed a trustee, he shall elect in which office he will serve, and give notice of such election to the authority by which he shall be appointed, within sixty days from the time of his

appointment, otherwise such appointment shall be void. 22 Visitation of $ 54. Any college or academy now incorporated, and exempt from

the visitation of the regents, may subject itself to such visitation, by a resolution, to be approved and signed by a majority of its trustees, and attested by the seal of the corporation ; and every such resolution, when received by the regents, shall be unalterable, unless with the consent of the regents. · S 55. Every college and academy that shall become subject to the

visitation of the regents, shall make such returns and reports to the regents, in relation to the state and disposition of its property and funds, the number and ages of its pupils, and its system of instruction

and discipline, as the regents shall from time to time require. şaving clause S 56. Nothing contained in this Chapter shall be construed to al

ter, or in any manner affect any charter heretofore granted by the legislature, or by the regents of the university, to any college or academy. 23


Returns to regents.

Of the Foundation and Government of Lancasterian or Select

Sec. 57. Founders or benefactors may apply to regents for incorporation.

53. How approbation of regents declared.
59. Request and instrument of approbation to be recorded.
60. Immediately after the recording, funds vest in trustees.
61. Name of corporation to be expressed in instrument of approbation
62. Powers of trustees enumerated.
63. When the office of trustee vacated.
64 & 65. How such school may be made a district school.

66. Every school incorporated under these provisions, subject to regents. Application $ 57. The founders and benefactors of any school established, of to regents for incorporation to be established for the instruction of youth, on the system of Lan

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Duty of regents.


caster or Bell, or any other system of instruction approved by the ART. 6. board of regents, or as many of such founders as shall have contributed more than one half of the property collected or appropriated for the use of such school, may make to the regents of the university, an application in writing, under their hands, requesting that such school may be incorporated, nominating the first trustees, and specifying the name by which the corporation is to be called.24

$ 58. In case the regents shall conceive a compliance with such Penty of ro· request, will be conducive to the diffusion of useful knowledge, they shall, by an instrument under their common seal, declare their approbation of the incorporation of the trustees of the school, by the name specified in such application. 24

$ 59. The request in writing, and instrument of approbation, shall Papers where be recorded in the office of the clerk of the county, in which such school shall be established. 24

$ 60. Immediately after recording the same, the property and funds Funds. of such school shall be vested in the trustees so nominated, for the use and benefit of the school. 25

$ 61. The trustees of such school, shall be a corporation, by the Corporation. name expressed in the instrument of approbation.25

$ 62. The trustees of every such school, (besides the general pow-Powers of ers and privileges of a corporation,) shall have authority,

1. To elect, by ballot, their president, treasurer and clerk, annually :

2. Upon the death, resignation, refusal to act, removal out of the state, or other vacancy in the office of any trustee, to elect another in his place :

3. To appoint a master, assistants and other necessary officers of the school :

4. To remove or suspend any of them at pleasure, and to fix their respective salaries or compensation :

5. To appoint the times and places of their own regular meetings, and to adjourn from time to time ;

6. To take and hold any real or personal property, the clear yearly income or revenue of which, shall not exceed the value of four thousand dollars :

7. To sell, mortgage, let and otherwise use and dispose of, such property for the benefit of the school :

8. To make all ordinances and by-laws, necessary and proper, to carry into effect the preceding powers.26

(24) Laws of 1821. p. 54, § 1. (25) Ib. § 2. (26) Ib. 2, 3 and 4. VOL. I.


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When office vacated.

a district school.

TITLE 2. S 63. If any trustee shall refuse or neglect to attend the stated

meetings of the trustees, for four meetings successively, the office of vacated. such trustee may be declared vacant by the trustees.27 How made $64. The trustees of any one or more common-school-districts,

in any city, town or village of this state, within which any incorporated Lancasterian, or other select school is, or shall be established, with the consent of a majority of the taxable inhabitants of such district or districts, expressed at a meeting called for that purpose, may agree with the trustees of such incorporated school, to make the same a district school. 28

$ 65. Such incorporated school shall, during the continuance of such agreement, become a district school, and be entitled to all the benefits and privileges, and subject to all the regulations of other dis

trict schools. 28 Visitation of $ 66. Every school incorporated under the provisions of this Arti

cle, shall be subject to the control and visitation of the regents ; and shall make such returns and reports, in relation to the state and disposition of its property and funds, the number and ages of its pupils, and its system of instruction and discipline, as the regents shall from time to time require.



ART. 1.--Of the powers and duties of the superintendent of common schools, and of the

apportionment of school monies.
ART. 2.-Of she distribution of the common school fund.
ART. 3.-Of the powers and duties of the commissioners of common schools.
Art. 4.-Of the inspectors of common schools.
ART. 5,- Of the formation of school districts, and of the choice, duties and powers op

their officers.
ART. 6.-Of certain duties of the county clerk.
Art. 7.-Loca) regulations respecting common schools.

Of the Powers and Duties of the Superintendent of Commofi-

Schools, and of the Apportionment of School Monies.
Sec. 1. Superintendent must make annual report to the legislature ; contents thereof

2. When school monies to be apportioned.
3. How apportionment to be made in New-York and Albany.
4. How in other counties.
5. How an increase apportioned.
6. How apportionment made when census defective.
7. New apportionment to be made in certain cases, and how.
8. Apportionment to be certified, and notice to be given.
9. Superintendent to prepare forms and instructions, and transmit them to officers
10. Six first Articles of this Title to be printed and distributed.
11. Reasonable expenses of superintendent to be paid out of treasury.

(27) Laws of 1821, p. 54, § 4 & 5. (28) Ib. $6.

General duties of superintendent


S 1. There shall continue to be a superintendent of common schools, ART.L. whose duty, amongst other things, it shall be, to prepare and submit an annual report to the legislature, containing,

1. A statement of the condition of the common schools of the state : 2. Estimates and accounts of expenditures of the school monies :

3. Plans for the improvement and management of the common school fund, and for the better organization of the common schools : and,

4. All such matters relating to his office, and to the common schools, as he shall deem expedient to communicate. 29

$ 2. In every year, immediately following a year in which a cen- Apportion sus of the population of this state shall have been taken, under the authority of the state, or of the United States, the superintendent shall apportion the school monies to be annually distributed, amongst the several counties of the state, and the share of each county, amongst its respective towns and cities. 30

$ 3. Such apportionment shall be made to the city and county of Ratio in New-York, and to the county of Albany, and the towns and cities and Albans therein, according to the ratio of their population respectively, as compared with the population of the whole state, according to the last preceding census. 30

$ 4. To every other county, city and town, the apportionment la other shall be made in the ratio of the number of children in each, over five and under sixteen years of age, as appearing to the superintendent, from the returns for the last preceding year. 30

$ 5. If an increase of the school monies to be distributed, shall Increase take place in any other year, than one immediately following a census, the superintendent shall apportion such increase amongst the several counties, cities and towns, according to the ratio of the apportionment then in force. 30

S 6. When the census, or returns, upon which an apportionment Proceeding is to be made, shall be so far defective, in respect to any county, city, defectiven or town, as to render it impracticable for the superintendent to ascertain the share of school monies, which ought then to be apportioned to such county, city, or town, he shall ascertain, by the best evidence in his power, the facts upon which the ratio of such apportionment shall depend, and shall make the apportionment accordingly.30

$ 7. Whenever, in consequence of the division of a town, or the When town erection of a new town, in any county, the apportionment then in force shall become unjust, as between two or more of the towns of such county, the superintendent shall make a new apportionment of


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