LAWS REVISED STATUTES RELATING TO COMMON SCHOOLS, TITLE II. CHAPTER XV. TITLE II. OF COMMON SCHOOLS. ART. 1.-Of the powers and duties of the superintendent of common schools, and of the apportionment of school moneys. ART. 2. Of the distribution of the common school fund. Of the powers and duties of the commissioners of common Of the inspectors of common schools. Of the formation of school districts, and of the choice, du- Of the Powers and duties of the Superintendent of SEC. 1. Superintendent must make annual report to the legislature; con- 2. When school moneys to be apportioned. 3. How apportionment to be made. 4. How an increase apportioned. 5. How apportionment made when census defective. 6. New apportionment to be made in certain cases, and how. 7. Apportionment to be certified, and notice to be given. 8. Superintendent to prepare forms and instructions, and transmit 9. Six first Articles of this Title to be printed and distributed. General duties of super *S 1. There shall continue to be a superintendent of * 467 common schools, 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 moneys: intendent. Apportion nent. Ratio. Increase. Proceeding sus defective. 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. $2. In every year, immediately following a year in which a census 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 moneys to be annually distributed, amongst the several counties of the state, and the share of each county, amongst its respective towns and cities. 3. Such apportionment shall be made among the several towns and cities of the state,1 according to the ratio of their population respectively, as compared with the population of the whole state, according to the last preceding census. $4. [Sec. 5.] If an increase of the school moneys to be distributed, shall 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. $5. [Sec. 6.] When the census, or returns, upon when cen which an apportionment is to be made, shall be so far defective, in respect to any county, city, or town, as to render it impracticable for the superintendent to ascertain the share of school moneys, which ought then to be apportionment 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. When town akered. Certificate $6. [Sec. 7. Whenever, in consequence of the division of a town, or the 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 "the school moneys, 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. $7. Sec. 8.] The superintendent shall certify each and notice. apportionment made by him, to the comptroller, and shall (1) Amendatory act of 1830, chap. 320, § 5, and by § 6 of same ch, the orig. § 4 is repealed. 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 moneys 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. &c. $8. [Sec. 9.] The superintendent shall prepare sui- Regulations, table forms and regulations for making all reports, and conducting all necessary proceedings, under this Title, and shall cause the same, with such instructions as he shall deem necessary and proper, for the better organization and government of common schools, to be transmitted to the officers required to execute the provisions of this Title throughout the state. cles to be 9. [Sec. 10.] He shall cause so many copies of the Certain artifirst six Articles of this Title, with the forms, regula- printed. tions and instructions prepared by him, thereto annexed, to be, from time to time, printed and distributed amongst the several school districts of the state, as he shall deem the public good to require. how paid. $10. [Sec. 11.] All moneys reasonably expended by Expenses him, in the execution of his duties, shall, upon due proof, be allowed to him by the comptroller, and be paid out of the treasury. ARTICLE SECOND. Of the distribution of the Common School Fund. SEC. 11. When school moneys to be paid; how; to whom. 12. To be applied for as soon as payable. 13. County treasurer to give notice to commissioners of common 14. Duty of treasurer if moneys are not applied for. 15. Duty of clerk of county on receiving notice of apportionment. 16. A sum equal to that apportioned, to be raised in each town. 17. To be paid to commissioners of common schools. 18. If no commissioners, to be paid to treasurer. $11. [Sec. 12.] The sum annually to be distributed When paid. for the encouragement of common schools, shall be paid on the first day of February, in every year, on the warrant of the comptroller, to the treasurers of the several counties, and the chamberlain of the city of New-York. S 12. [Sec. 13.] The treasurer of each county, and Treasurer to the chamberlain of the city of New-York, shall apply for and receive the school moneys apportioned to their respective counties, as soon as the same become payable. *S 13. [Sec. 14.] Each treasurer receiving such mo- To give no. neys, shall give notice, in writing, to some one or more tice. of the commissioners of common schools of each town *469 Moneys remaining how or city in his county, of the amount apportioned to such town or city, and shall hold the same subject to the order of such commissioners. $14. [Sec. 15.] In case the commissioners of any disposed of such city or town shall not apply for and receive such moneys, or in case there are no commissioners appointed in the same, before the next receipt of moneys apportioned to the county, the moneys so remaining with the treasurer shall be retained by him, and be added to the mo neys next received by him for distribution from the superintendent of common schools, and be distributed therewith, and in the same proportion. County clerk. Duty of pervisora. $15. [Sec. 16.] Whenever the clerk of any county shall receive from the superintendent of common schools notice of the apportionment of moneys 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. $16. [Sec. 17.] It shall be the duty of the superviboard of su- sors, at such meeting, and 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 moneys which shall have been apportioned to such town; which moneys, so added, together with the fees of the collector, shall be levied and collected in the same manner as other moneys directed to be raised in the town. Ib. ક When moneys to be surer. $17. [Sec. 18.] The supervisors shall cause and require the collector of each town, by their warrant to him, to pay the noneys 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. 18. [Sec. 19.] If there shall not be any commissionpaid to trea. ers of common schools in such town when the moneys are collected, the collector shall pay 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 [14th] section of this Title. * ARTICLE THIRD. Of the Powers and Duties of the Commissioners of SEC. 19. Enumeration of certain duties of the commissioners. 20. Commissioners when to form and alter districts, in two or more towns. 21. When to take effect, if trustees do not consent. 22, 23 & 24. In what cases apportionment of school moneys not to 25 & 26. In what cases commissioners to make new apportionment. 28. Moneys remaining two years, in certain cases, to be returned to 29. Commissioners to make annual report to county clerk; contents. 32. If moneys lost to town, commissioners to forfeit full amount. 34. Commissioners to keep account of moneys; to whom submitted. 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 represen- 42. Commissioners have powers of a corporation to certain extent. * 470 $ 19. [Sec. 20.] It shall be the duty of the commis- Duties of sioners 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 hereinafter 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 moneys apportioned for the use of common schools in their town, and from the collector of the town, all moneys raised therein for the same purpose, as soon as such moneys shall become payable, or be collected. 6. To apportion the school moneys received by them, 'on the first Tuesday of April, in each year, among the commissioners. |