REVISED STATUTE, RELATING TO COMMON SCHOOLS, BEING TITLE II. OF CHAPTER XV. [This Title takes effect on the 1st day of January, 1828.] ANALYSIS. TITLE II. Of Common Schools. ART. 1. Of the Powers and Duties of the Superintendent of Common Schools, and the Apportionment of School Monies. ART. 2. Of the Distribution of the Common School Fund. ART. 3. Of the Powers and Duties of the Commissioners of Common Schools. ART. 5. Of the Formation of School Districts, and of the Choice, Duties, and ART. 6. Of certain Duties of the County Clerk. TITLE II. OF COMMON SCHOOLS. ARTICLE FIRST. Of the Powers and Duties of the Superintendent of Com mon Schools, and of the Apportionment of School Monies. § 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. When new apportionment to be made, and how. 8. Apportionment to be certified, and notice to be given. 9. Superintendent to prepare forms and instructions, and transmit them to of ficers. 10. Six first Articles of this Title to be printed and distributed. 11. Reasonable expenses of superintendent to be paid out of treasury. ties of superinten Section 1. There shall continue to be a superintendent General du of common schools, whose duty, amongst other things, it shall be, to prepare and submit an annual report to the le- dent. gislature, containing, 1. A statement of the condition of the common schools of the state: 2. Estimates, and accounts of expenditures of the school monies : Apportion ment. Ratio in and Albany. 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 monies 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 to the city and New-York county of New-York, and to the county of Albany, and the towns and cities therein, according to the ratio of their population respectively, as compared with the population of the whole state, according to the last preceding census. In other counties. Increase Proceed census defective. § 4. To every other county, city and town, the apportionment 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. § 5. If an increase of the school monies 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. § 6. When the census, or returns, upon which an apporing when tionment 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 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. When town altered. § 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 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. 6 8. The superintendent shall certify each apportionment Certificate made by him, to the comptroller, and shall give immediate and notice. 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. Regula § 9. The superintendent shall prepare suitable forms and regulations for making all reports, and conducting all neces- tions, &c. sary 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. § 10. He shall cause so many copies of the first six Arti- Articles fo cles of this Title, with the forms, regulations and instruc- be printed. tions 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. § 11. All monies reasonably expended by 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. § 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. Sum to be raised in each town equal to that apportioned. 18. To be paid to commissioners of common schools. 19. If no commissioners, to be paid to treasurer. Expenses how paid. § 12. The sum annually to be distributed for the encour- When paid. agement 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. § 13. The treasurer of each county, and the chamberlain Treasurer of the city of New-York, shall apply for and receive the to apply. school monies apportioned to their respective counties, as soon as the same become payable. tice. To give no- § 14. Each treasurer receiving such monies, shall give notice, in writing, to some one or more of the commissioners of common schools, of each town 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. Monies re- County clerk. pervisors. § 15. In case the commissioners of any such city or town, shall not apply for and receive such monies, or in case there are no commissioners 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 be 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. § 16. Whenever the clerk of any county shall receive from the 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. Duty of § 17. It shall be the duty of the supervisors, at such meetboard of su- ing, 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 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. Ib. nies to be surer. § 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. § 19. If there shall not be any commissioners of common When mo- schools, in such town when the monies are collected, the paid to trea- 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 section of this Title. |