TITLE 2. the school monies, next to be distributed amongst such towns, ascertaining by the best evidence in his power, the facts upon which the ratio of apportionment, as to such towns, shall depend.31 Certificate and notice. Regulations, &c. Certain articles to be printed. Expenses how paid. When paid. $8. The superintendent shall certify each apportionment made by him, to the comptroller, and shall give immediate notice thereof, to the clerk of each county interested therein, and to the clerk of the city and county of New-York; stating the amount of monies apportioned to his county, and to each town and city therein, and the time when the same will be payable to the treasurer of such county, or to the chamberlain of the city of New-York. 31 $9. The superintendent shall prepare suitable forms and regulations for making all reports, and conducting all necessary proceedings, under this Title, and shall cause the same, with such instruc tions as he shall deem necessary and proper, for the better organization and government of common schools, to be transmitted to the of ficers required to execute the provisions of this Title throughout the state.82 $ 10. He shall cause so many copies of the first six Articles of this Title, with the forms, regulations and instructions prepared by him, thereto annexed, to be, from time to time, printed and distribut ed, amongst the several school districts of the state, as he shall deem the public good to require. $ 11. All monies reasonably expended by him, in the execution of his duties, shall, upon due proof, be allowed to him by the comptrol ler, and be paid out of the treasury. ARTICLE SECOND. Of the Distribution of the Common School Fund. SEC. 12. When school monies to be paid; how; to whom. 13. To be applied for as soon as payable. 14. County treasurer to give notice to commissioners of common schools. 15. Duty of treasurer if monies are not applied for. 16. Duty of clerk of county on receiving notice of apportionment. 17. A sum equal to that apportioned, to be raised in each town. 18. To be paid to commissioners of common schools. 19. If no commissioners, to be paid to treasurer. $ 12. The sum annually to be distributed for the encouragement of common schools, shall be paid on the first day of February, in ere ry year, on the warrant of the comptroller, to the treasurers of the several counties, and the chamberlain of the city of New-York." Treasurer to $ 13. The treasurer of each county, and the chamberlain of the city of New-York, shall apply for and receive the school monies ap portioned to their respective counties, as soon as the same become payable.34 apply. (31) Laws of 1819, p. 188, § 5; 1827, p. 237. (32) Laws of 1819, p. 208, § 38. Laws of 1819, p. 187, § 3; 1824, p. 337, § 1. (34) Laws of 1819, p. 188, § 4. $14. Each treasurer receiving such monies, shall give notice, in ART. 2. writing, to some one or more of the commissioners of common schools, To give noof each town or city in his county, of the amount apportioned to such tice. town or city, and shall hold the same, subject to the order of such commissioners. 35 maining how $15. In case the commissioners of any such city or town, shall not Monies reapply for and receive such monies, or in case there are no commis- disposed of. sioners appointed in the same, before the next receipt of monies apportioned to the county, the monies so remaining with the treasurer, shall be retained by him, and he added to the monies next received by him for distribution, from the superintendent of common schools, and be distributed therewith, and in the same proportion.35 16. Whenever the clerk of any county shall receive from the County clerk. superintendent of common schools, notice of the apportionment of monies to be distributed in the county, he shall file the same in his office, and transmit a certified copy thereof to the county treasurer, and to the clerk of the board of supervisors of the county: and the clerk of the board of supervisors shall lay such copy before the supervisors, at their next meeting.3 36 of supervisors $ 17. It shall be the duty of the supervisors, at such meeting, and Duty of board at every annual meeting thereafter, to add to the sums of money to be raised on each of the towns of the county, for defraying the necessary expenses thereof, a sum equal to the school monies which shall have been apportioned to such town; which monies, so added, together with the fees of the collector, shall be levied and collected in the same manner as other monies directed to be raised in the town.36 $ 18. The supervisors shall cause and require the collector of each . town, by their warrant to him, to pay the monies so added, when collected, retaining his fees for collection, to some one or more of the commissioners of common schools in such town, for the use of common schools therein; whose receipt therefor, shall be sufficient evidence of such payment.36 nies to be surer. $ 19. If there shall not be any commissioners of common schools, When moin such town when the monies are collected, the collector shall pay paid to trea the same, retaining his fees for collection, to the county treasurer, to be by him apportioned among the several cities and towns in the county, and distributed in the manner provided in the fifteenth section of this Title.26 (35) Laws of 1819, p. 188, § 4. (36) Ib. § 6. TITLE 2. ARTICLE THIRD. Duties of commission ers. Of the Powers and Duties of the Commissioners of Common Schools. Szc. 20. Enumeration of certain duties of the commissioners. 21. Commissioners when to form and alter districts, in two or more towns. 22. When to take effect, if trustees do not consent. 23, 24 & 25. In what cases apportionment of school monies not to be made. 26. In what case commissioners to make new apportionment. 27. What commissioners to do with monies remaining in their hands, in certain cases 28. Monies remaining two years, in certain cases, to be returned to treasurer. 29. Commissioners to make annual report to county clerk; contents. 30. If report not made, county clerk to give notice to clerk of town. 31. Commissioners to forfeit $10; monies for next year may be withheld. 32. If monies lost to town, commissioners to forfeit full amount. 33. Supervisor of town to prosecute. 34. Commissioners to keep account of monies; to whom submitted. 35. Must give account of monies to successors; to be filed. 36. If balance remain, it must be paid forthwith. 37. If balance appropriated, it must be stated and paid accordingly. 38. For breach of any provision of three last sections, penalty of $100. 39. Successors to prosecute for forfeiture. 40. Successors may bring suit for unpaid balance. 41. If commissioner dead, suit may be brought against his representatives. $20. It shall be the duty of the commissioners of common schools, in each town, 1. To divide their town into a convenient number of school districts, and to regulate and alter such districts as herein after provided: 2. To set off by itself, any neighborhood, in their town, adjoining to any other state of this Union, where it has been usual, or shall be found convenient for such neighborhood, to send their children to a school in such adjoining state : 3. To describe and number the school districts, and to deliver the description and numbers thereof, in writing, to the town clerk, immediately after the formation or alteration thereof: 4. To deliver to such town clerk, a description of each neighborhood, adjoining to any other state, set off by itself: 5. To apply for and receive from the county treasurer, all monies apportioned for the use of common schools in their town, and from the collector of the town, all monies raised therein for the same purpose, as soon as such monies shall become payable, or be collected: 6. To apportion the school monies received by them, on the first Tuesday of April, in each year, among the several school districts, parts of districts, and neighborhoods separately set off, within their town, in proportion to the number of children residing in each, over the age of five, and under that of sixteen years, as the same shall have appeared from the last annual reports of their respective trustees: 7. If the commissioners shall have received the school monies of their town, and all the reports from the several school districts therein, before the first Tuesday of April, they shall apportion such monies as above directed, within ten days, after receiving all of the said reports and the said monies: 8. To sue for and collect, by their name of office, all penalties and forfeitures imposed in this Title, and in respect to which no other provision is made, which shall be incurred by any officer or inhabitant of their town; and after deducting their costs and expenses, to add the sums recovered, to the school monies received by them, to be apportioned and paid in the same manner. 37 ᎪᎡᎢ. 3. several towns $21. Whenever it may be necessary or convenient, to form a dis- Districts from trict out of two or more adjoining towns, the commissioners from each of such adjoining towns, or the major part of them, may form, regulate and alter such district.37 trustees. $ 22. No alteration of any school district, made without the con- Consent of sent of the trustees thereof, shall take effect until three months after notice, in writing, shall be given by the commissioners, to some one or more of such trustees.37 nies withheld. $ 23. In making the apportionment of monies among the several When mo school districts, no share shall be allotted to any district, part of a district, or separate neighborhood, from which no sufficient annual report shall have been received, for the year ending on the last day of December, immediately preceding the apportionment.37 $ 24. No monies shall be apportioned and paid to any district, or Ib. part of a district, unless it shall appear by such report, that a school had been kept therein for at least three months, during the year ending at the date of such report, by a qualified teacher; and that all monies received from the commissioners during that year, have been applied to the payment of the compensation of such teacher.36 $ 25. No part of such monies shall be apportioned or paid to any n separate neighborhood, unless it shall appear from the report of its trustee, that all monies received by him from the commissioners, during the year ending at the date of such report, have been faithfully applied, in paying for the instruction of children residing in such neighborhood. 38 Apportionment to dis after annual report. $ 26. If after the annual reports from the districts shall have been received, and before the apportionment of the school monies shall have trict altered been made by the commissioners, a district shall be duly altered, or a new district be formed in the town, so as to render an apportionment founded solely on the annual reports, unjust, as between two or more districts of the town, the commissioners shall make an apportionment among such districts, according to the number of children in each, over the age of five and under sixteen years, ascertaining that number by the best evidence in their power. 38 (87) Laws of 1819, p. 192, & p. 194, § 12 to 15. (38) Ib. § 15. TITLE 2. Monies one of commis sioners. $27. All monies apportioned by the commissioners, to the trustees of a district, part of a district, or separate neighborhood, which shall year in hands have remained in the hands of the commissioners for one year after such apportionment, by reason of the trustees neglecting or refusing to receive the same, shall be added to the monies next thereafter to be apportioned by the commissioners, and shall be apportioned and paid therewith, and in the same manner. When return ed to treasu rer. Annual re port of commissioners. County clerk to give no tice. 39 $28. In case any school monies received by the commissioners, can not be apportioned by them, for the term of two years after the same are received, by reason of the non-compliance of all the school districts in their town with the provisions of this Title, such monies shall be returned by them to the county treasurer, to be by him apportioned and distributed, together and in the same manner with the monies next thereafter to be received by him, for the use of common schools.39 $29. It shall be the duty of the commissioners in each town, between the first day of July and the first day of October in each year, to make and transmit to the county clerk, a report in writing, bearing date on the first day of July, in the year of its transmission, and stating, 1. The whole number of school districts and neighborhoods, separately set off within their town: 2. The districts, parts of districts, and neighborhoods, from which reports shall have been made to the commissioners, or their immediate predecessors in office, within the time limited for that purpose: 3. The length of time, a school shall have been kept in each of such districts or parts of districts, distinguishing what portion of that time, the school shall have been kept by qualified teachers: 4. The amount of public monies received in each of such districts, parts of districts and neighborhoods: 5. The number of children taught in each, and the number of children over the age of five and under sixteen years, residing in each : 6. The whole amount of monies received by the commissioners, or their predecessors in office, during the year ending at the date of their report, and since the date of their last preceding report; distinguishing the amount received from the county treasurer, from the town collec tor, and from any other and what source: 7. The manner in which such monies have been expended, and whether any, and what part remains unexpended, and for what cause. 40 $30. In case the commissioners in any town shall not, on or before the first day of October, in any year, make such report to the clerk of the county, it shall be his duty to give immediate notice of such neglect to the clerk of such town.41 (39) Laws of 1819, p. 194, § 15. (40) Ib. § 16. (41) Ib. § 34. |