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Organization of

official misconduct in relation to the said moneys, as for any similar misconduct in relation to other moneys of said city.

§ 14. The said board shall have power, and it shall be their

schools &c. duty,

1. To establish and organise in the several wards of said city, such and so many schools (including the common schools now existing therein) as they shall deem requisite and expedient, and to alter and discontinue the same.

2. To hire school houses and rooms, and improve them as they may deem proper.

3. To alter, improve and repair school houses and appurtenances as they may deem advisable.

4. To purchase, exchange, improve and repair school apparatus, books for indigent pupils, furniture and appendages, and to defray their contingent expenses, and the expense of the school libraries.

5. To have the custody and safe keeping of the school houses, out-houses, books, furniture and appendages, and to see that the ordinances of the common council in relation thereto be observed.

6. To contract with, license and employ all teachers in said schools, and at their pleasure to remove them.

7. To pay the wages of such teachers out of the moneys appropriated and provided by law for the support of schools in said city, so far as the same shall be sufficient, and the residue thereof, from the money authorised to be raised for that purpose by section twelve of this act, by tax upon said city.

8. To defray the necessary contingent expenses of the board, including an annual salary to the clerk, provided the account of such expenses shall first be audited and allowed by the common council.

9. To have in all respects the superintendence, supervision and management of the common schools in said city, and from time to time to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for their organization, government and instruction, for the reception of pupils and their transfer from one school to another, and generally for the promotion of their good order, prosperity and public utility.

10. Whenever in the opinion of the board it may be advisable to sell any of the school houses, lots or sites, or any of the school property, now or hereafter belonging to the city, to report the same to the common council.

11. To prepare and report to the common council, such ordinances and regulations as may be necessary or proper for the protection, safe-keeping, care and preservation of school houses, lots and sites and appurtenances and all the property belonging to the city, connected with or appertaining to the schools, and to suggest proper penalties for the violation of such ordinances and regulations; and annually, on or before the first day of February in each year, to determine and certify to said common council, the sums in their opinion necessary or proper, to be raised under the

twelfth section of this act, specifying the sums required (for the year commencing on the first of March thereafter,) for each of the purposes therein mentioned, and the reasons therefor.

12. Between the first day of July, and the first day of August " in each year, to make and transmit to the county clerk, or such other officer as may be designated by law, a report in writing bearing date the first of July, in the year of its transmission, and stating,

1. The number of school houses in said city, and an account and description of all the common schools kept in said city during the preceding year, and the time they have severally been taught.

2. The number of children taught in said schools respectively, and the number of children over the age of five years, and under the of sixteen years, residing in said city on the first day of January of that

age

year.

3. The whole amount of school moneys received by the Chamberlain of said city during the year preceding, distinguishing the amount received from the county treasurer, from the city tax, and from any other source.

4. The manner in which such moneys had been expended, and whether any and what part remains unexpended and for what

cause.

5. The amount of money received for tuition fees, from foreign pupils during the year, and the amount paid for teacher's wages in addition to the public moneys, with such other information relating to the common schools of said city, as may from time to time be required by the state superintendent of common schools.

$ 15. It shall be the duty of each commissioner to visit the Visitation of schools in his ward twice in each year; and the board of educa- schools. tion shall provide that each of the schools in the city shall be visited by the committee of three, or more of their number, or by their clerk, at least one in each term.

dent chil

$ 16. The said board of education shall have power to allow Non-resithe children of persons not resident within the city to attend any dren. of the schools of said city under the care and control of said board, upon such terms as said board shall by resolution prescribe, fixing the tuition which shall be paid therefor.

tures.

§ 17. It shall be the duty of said board, in all their expendi- Expenditures and contracts, to have reference to the amount of moneys which shall be subject to their order, during the then current year, for the particular expenditure in question, and not to exceed that amount.

the school

8 18. The said board of commissioners shall be trustees of the Trustees of school library or libraries in said city, and all the provisions of libraries. law which now are or hereafter may be passed relative to district school libraries, shall apply to the said commissioners; they shall also be vested with the same discretion as to the disposition of the moneys appropriated by any law of this state, for the purchase of libraries which is therein conferred upon the inhabitants of school

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Report to be made to common council.

The common

council to pass ordinances and

regulations.

districts. It shall be their duty to provide a library room, or rooms, in the several school houses in said city, and the necessary furniture therefor. The clerk of said board shall be the general librarian. The board shall also appoint a librarian for each school, to have the care of the books, and to superintend the letting out and return thereof. The several school librarians shall from time to time inform the general librarian of the state and condition of their libraries, and the said board or the general librarian, under the direction and by resolution of the said board, may make all purchases of books for the libraries, and provide for their equitable distribution among the schools, and exchange or cause to be repaired the damaged books belong thereto, and also to sell any books which may be deemed useless, or of improper character, and apply the proceeds to the purchase of other books for said libraries.

§ 19. It shall be the duty of said board, at least fifteen days before the annual election for commissioners in each year, to prepare and report to the common council, true and correct statements of the receipts and disbursements of moneys under and in pursuance of the provisions of this act during the preceding year; in which account shall be stated under appropriate heads: 1. The moneys raised by the common council under the twelfth section of this act.

2. The school moneys received by the chamberlain of the city, from the county treasurer, distinguishing between the sum received from the state, and the sum raised upon the city by the board of supervisors.

3. The moneys received by the common council under the third section of this act.

4. All other moneys received by the chamberlain subject to the order of the board, specifying the sources.

5. The manner in which such sums of money shall have been expended, specifying the amount paid under each head of expenditure.

And the common council shall, ten days before such election, cause the same to be published in at least two of the newspapers published in said city.

§ 20. The common council of the said city shall have the power to pass such ordinances and regulations as the said board of education may report as necessary and proper for the protection, safe keeping, care and preservation of the school houses, lots, sites, appurtenance and appendages, libraries and all necessary property belonging to, or connected with the schools in said city; and to impose proper penalties for the violation thereof, subject to the restrictions and limitations contained in the act to incorporate the said city; and all such penalties shall be collected in the same manner that the penalties for the violation of the city ordinances are by law collected, and when collected shall be paid to the Chamberlain of the city, and be subject to the order of the board of education, in the same manner as other moneys, raised pursuant to the provisions of this act.

be raised

§ 21. It shall be the duty of the common council within fifteen Aniount to days after receiving the certificate of the commissioners required each year to by the fourteenth section of this act, of the sums necessary or be certified. proper to be raised under the twelfth section of this act, to determine and certify to said board of education the amount that will be raised by them for the year, commencing on the first of March thereafter, for the purposes mentioned in said twelfth section, distinguishing between the amount to be raised for teachers' wages and contingent expenses, and the amount to be raised for the repair of school houses, which amounts shall be subject to the disposal of the board of education.

raised to be

berlain.

§ 22. All moneys required to be raised by virtue of this act, Moneys or received by the said city for, or on account of the common deposited schools, except such sums as are raised for the erection of school with chamhouses and purchase of sites therefor, shall be deposited for the safe keeping thereof, with the Chamberlain of said city, to the credit of said board of éducation, and shall be drawn out in pursuance of a resolution or resolutions of said board, by drafts drawn by the president, and countersigned by the clerk of said board, payable to the order of the person or persons entitled to receive such moneys; and said Chamberlain shall keep the funds authorised by this act to be received by him, separate and distinct from any other fund, which he is, or may by law be authorised to receive.

missioners of

tion.

§ 23. It shall be the duty of the clerk of said city, immediately City clerk to after the election of any person as a commissioner of common notify comschools, to personally or in writing to notify him of his election, their elecand if any such person shall not within ten days after receiving' such notice of his election, take and subscribe the constitutional oath, and file the same with the clerk of the said city, the common council may consider it a refusal to serve, and proceed to supply the vacancy occasioned by such refusal; and the person so refusing shall forfeit and pay to the city Chamberlain for the benefit of the tuition fund, a penalty of ten dollars.

transfer

property to

§ 24. It shall be the duty of the several school districts in the School dis city of Troy, within three months from the passage of this act, tricts to to transfer and convey to said city all school houses, sites, lots and all other school property of whatever name and description, and the city. to place in the care of the board of education all school district records, account books, vouchers, contracts, papers, and other school property, and the said school officers of the said city, and the several school districts thereof, shall continue in office until the unfinished business of said districts shall have been finally closed up and settled. not exceeding three months after the passage of this act, with all the power and duties now by law imposed upon them, for the purpose of closing such unfinished business.

ers to be ap

§ 25. The common council of the city of Troy shall on the Commissionthird Thursday of April, 1849, appoint from each ward in said pointed in city commissioners of common schools for said city, corresponding 1849. in number with the aldermen elected from said wards, who shall

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Boundaries

lage.

hold their office until the second Tuesday of March, 1850; the said persons so appointed shall be residents of the ward for which they shall be appointed, shall during the time of their appointment constitute said board of education, and possess the same power and privileges, perform the same duties, and be subject to the same regulations as the commissioners to be elected under this act. Their first meeting shall be on the first Wednesday after their appointment.

§ 26. The said commissioners so appointed shall in addition to the other duties required of them by this act on or before the first day of June, 1849, determine and certify to the common council in the manner designated by the fourteenth section of this act, the sums necessary and proper to be raised by said city for the purposes mentioned in said twelfth section, for the year commencing on the first of March, 1849. The said common council shall within fifteen days after receiving said certificate, determine and certify to said commissioners in the manner specified in the twenty-first section, the amounts that will be raised by them, which amounts shall in like manner be subject to the disposal of said commissioners.

§ 27. All previous acts and parts of acts inconsistent herewith are hereby repealed.

§ 28. This act shall take effect immediately.

Chap. 199.

AN ACT to incorporate the village of Rondout.

Passed April 4, 1849, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. All that part of the town of Kingston, in the county of of the vil- Ulster, described as follows, viz: Beginning at a point in the centre of the channel of the Rondout creek, being on the bounds of the adjoining town of Esopus, in said county, and west of the ship yard of William H. Bridger & Co., and running thence northeasterly through the centre of said channel along the bounds of the said town of Esopus, as it winds and turns, about eightyfive chains to a point in said channel opposite the lower or southeastern end of the Ponkhockie dock; thence north nine degrees west, four chains, more or less, to the said lower end of the said Ponkhockie dock; then along the eastern bulkhead of said dock, the same course, two chains and thirty links to the Ponkhockie road; thence along the east side of said road north forty-four degrees west, twelve chains and eighty-eight links to a cedar tree; thence along said road due north four chains and sixty-two links to the intersection of the Rondout Point road; then along said point road, north seventeen degrees east, five chains; then along

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