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Comptroller may with hold moneys.

tendent borrow moneys,

ont of the treasury except upon such warrant of the superintendent, conntersigned by the comptroller, referring to the law under which it is drawn. The superintendent shall countersign and enter all checks drawn by the treasurer in payment of his warrants, and all receipts of the treasurer for such money paid to the treasurer, and no such receipt shall be evidence of payment unless it be so countersigned.

S 4. The comptroller may withhold the payment of any moneys to which any county may be entitled, from the appropriation of the incomes of the school fund and the United States deposit fund for the support of common schools, until satisfactory evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been

collected and paid or accounted for to the state treasurer; and Treasurerin. whenever, in consequence of the failure of any county to pay berdewt may such moneys, there shall be a deficiency of moneys in the

treasury applicable to the payment of school moneys to which any other county may be entitled, the treasurer and superintendent of public instruction are hereby authorized to make a temporary loan of the amount so deficient, and such loan, and the interest thereon until payment shall be made to the treasury, shall be a charge upon the county in default, and shall be added to the amount of state tax, and levied upon such county by the board of supervisors thereof, at the next ensuing assessment, and shall be paid into the treasury in the same manner as other taxes.

$ 5. The moneys raised by the state tax or borrowed as aforesaid to supply a deficiency thereof, and such portion of the income of the United States deposit fund as shall be appropriated, and the income of the common school fund,

when the same are appropriated, to the support of common Apportion

schools, constitute the state school moneys, and shall be ed by super divided and apportioned by the superintendent of public

instruction, on or before the twentieth day of January in each Applied to year, as follows: and all moneys so apportioned, except the

library moneys, shall be applied exclusively to the payment of teachers' wages.

S 6. He shall apportion and set apart from the income of missioners. the United States deposit fund so appropriated, the amounts

required to pay the annual salaries of the school commissioners elected or elective under this act, to be drawn out of the treasury and paid to the several commissioners as hereinbefore provided ; and he shall also apportion to each of the cities of this state, which under a special act employs a superintendent of common schools or a clerk of the board of education who does the duty of supervision, out of the income of the said fund, or out of the income of the common school fund so appropriated, five hundred dollars for each member of assembly to which such city shall be entitled according to the

State school moneys.

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unit of representation adopted by the legislature, to be paid into the city treasury and expended according to law, for the support of the common schools of the city. He shall then set Library apart, from the income of the United States deposit fund, for and as library moneys, such sum as the legislature sball appropriate for that purpose. He shall also set apart from the contingent free school fund a sum not exceeding two thousand dollars, for a contingent fund. He shall then set apart and apportion, sudions. for and on account of the Indian schools under his supervision, a sum which will be equitably equivalent to their proportion of the state school moneys upon the basis of distribution established by this act, such sum to be wholly payable out of the proceeds of the state tax for the support of common schools. After deducting the said amounts, he shall divide the remainder of the state school moneys .into two parts, one to be one-third and the other to be two-thirds of such remainder, and shall apportion them as hereinafter specified.

$ 7. He shall apportion the one-third of the remainder one-third equally among the school-districts and cities from which ment. reports shall have been received in accordance with law as follows:

To entitle a district to a distributive portion or district Weat disquota, a qualified teacher, or successive qualified teachers receive dismust have actually taught the common school of the district, for at least the term of time hereinafter mentioned, during the last preceding school year. For every additional qualified One quota teacher and his successors who shall have actually taught in qualities said school durivg the whole of said term, the district shall be entitled to another distributive portion or quota; but pupils employed as monitors. or otherwise, shall not be deemed teachers. The aforemeutioned term, during the cur- Termocof rent school year, shall be six months, and thereafter shall be twenty-eight weeks of five school days eacb, inclusive of New Year's day, Washington's birthday, the fourth day of July, Christmas day, and any other day which shall be by law declared a holiday, which shall occur during the term. A deficiency not exceeding three weeks during the current year, or in any subsequent year, caused by a teacher's attendauce upon a teacher's institute within the county, shall be excused.

$ 8. Having so apportioned and distributed the one-third, Two-thirds the superintendent shall apportion the two-thirds of said meut. remainder, and also the library moneys, separately, among the counties of the state, according to their respective population, excluding Indians residing on their reservations, as the same shall appear from the last preceding state or United States census; but, as to counties in which are situated cities Apportionhaving special school acts, he shall apportion to each city the payment to part to which it shall so appear entitled, and to the residue

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of the county the part to which it shall appear to be so entitled. If the census, according to which the apportionment should be made, does not show the sum of the population of any county or city, the superintendent sball, by the best evidence he can procure, ascertain and determine the population of such county or city at the time the census was taken, and make his apportionment accordingly.

S 9. The superintendent shall apportion to each separate neighborhood which shall have duly reported, such fixed sum as will, in his opinion, be equitably equivalent to its portion of all the state school moneys upon the basis of distribution established by this act; such sum to be payable out of the contingent fund hereinbefore established.

S 10. Whenever any school-district or separate neighborexcuse pieg- hood sball bave been excluded from participation in any pekenunt apportionment made by the superintendent, or by the school apportion- commissioners, by reason of its having omitted to make any

report required by law, or to comply with any other provision of law, or with any rule or regulation made by the superintendeut under the authority of law, and it shall be shown to the superintendent that such omission was accidental or excusable, le may, upon the application of such district or neighborhood, make to it an equitable allowance, and, if the apportionment was made by himself, cause it to be paid ont of the contingent fund; and, if the apportionment was made by the commissioners, direct them to apportion such allowance to it, at their next annual apportion meut, in addition to any apportionment to which it may then be entitled.

$ 11. If money to which it is not entitied, or a larger sum than it is entitled to, shall be apportioned to any comty, or part of a county, or school-district, and it shall not have been so distributed or apportioned among the districts, or expended, as to make it impracticable so to do, the superiutendent may reclaim such money or excess, by directing any officer in whose hands it may be, to pay it into the state treasury, to the credit of the free school fund; and the state treasurer's receipt, countersigned by the superintendent, shall be his only voucher; but, if it be impracticable so to reclaim such money or excess, then the superintendent shall deduct it from the portion of such county, part of a county, or district, in his next annual apportionment, and distribute the sum thus deducted, equitably among the counties and parts of counties, or among the school-districts in the state entitled to participate in such apportionment, according to the basis of apportionment in which such excess occurred.

$ 12. If a less sum than it is entitled to shall have been apportioned by the superintendent to any county, part of a county or school-district, the superintendent may make a supplementary apportionment to it, of such a sum as shall make up the deficiency, and the same shall be paid out of the

Moneys apportioned in excess may be reclaimed.

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Deficiencies to be supplied.

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contingent fund, if sufficient, and, if not, then the superintendent shall make up such deficiency in his next annual apportionment.

$ 13. As soon as possible after the making of any annual To certify or general apportionment, the superintendent shall certify it ménts. to the county clerk, county treasurer, school commissioners and city treasurer or chamberlain in every county in the state; and if it be a supplemental apportionment, then to the county clerk, county treasurer and school commissioners of the county in which the neighborhood or the school-house of the district concerned is situate.

$ 14. The moneys so annually apportioned by the superin- School tendent shall be payable on the first day of February next pekah. after the apportionment, to the treasurers of the several counties and cities, and the chamberlain of the city of New York, respectively; and the said treasurers and chamberlain shall apply for and receive the same so soon as payable.

moneys

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common schools.

SECOND ARTICLE. Of trusts for the benefit of common schools, and of town school funds, fines, penalties and other moneys held or given for their benefit.

S 15. Real and personal estate may be granted, conveyed, Falstein devised, bequeathed and given in trust and in perpetuity or otherwise, to the state, or to the superintendent of public instruction, for the support or benefit of the common schools within the state, or within any part or portion of it, or of any particular common school or schools within it; and to any county, or the school commissioner or commissioners of any county, or to any city or any board or officers thereof, or to any school commissioner district or its commissioner, or to any town or supervisor of a town, or to any school-district or its trustee or trustees, for the support and benefit of common schools within such county, city, school commissioner listrict, town or school-district, or within any part or portion thereof respectively, or for the support and benefit of any particular common school or schools therein.

S 6. No such grant, conveyance, devise or bequest shall Trusts not be held void for the want of a named or competent trustee or wasteen donee, but where no trustee or donee or an incompetent one donee. is named, the title and trust shall vest in the people of the state, subject to its acceptance by the legislature; but such acceptance shall be presumed.

$ 17. The legislature may control and regulate the execu- Superintention of all such trusts; and the superintendent of public quiro trusinstruction shall supervise and advise the trustees, and hold count. them to a regular accounting for the trust property and its income and interest, at such times, in such forms and with such authentications as he shall from time to time prescribe.

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$ 18. The common council of every city, the board of report trusts supervisors of every county, the trustees of every village,

the supervisor of every town, the trustee or trustees of every school-district, and every other officer or person who shall be thereto required by the superintendent of public instruction, shall, on or before the thirtieth day of September next, report to him whether any, and, if any, what, trusts are held by them respectively, or by any other body, officer or person, to their information or belief, for school purposes, and shall transmit therewith an authenticated copy of every will, conveyance, instrument or paper embodying or creating the trust; and shall, in like manner, forth with report to him the creation and terms of every such trust subsequently created.

$ 19. Every supervisor of a town shall, by the thirtieth day of September next, report to the superintendent whether there be, within the town, any gospel or school lot, and, if any, shall describe the same, and state to what use, if any, it is put by the town; and whether it be leased, and if so, to whom, for what term and upon what rent; and whether the town holds or is entitled to any land, moneys or securities arising from any sale of such gospel or school lot, and the investment of the proceeds thereof, or of the rents or income of such lots and investments; and shall report a full statement and account of such lands, moneys and securities.

$ 20. Every supervisor of a town shall, in like manner, by Overseers of the thirtieth day of September next, report to the superin

tendent whether the town has a common school fund originated under the “ act relative to moneys in the hands of overseers of the poor," passed April 27, 1829, and, if it have, the full particulars thereof, and of its investment, income and

application, in such form as the superintendent may prescribe. Superinten- $ 21. In respect to the property and funds in the two last port to the sections mentioned, the superintendent shall, at the next

session of the legislature, and annually thereafter, include in bis annual report a statement and account thereof. And, to these ends, he is authorized, at any time and from time to time, to require from the supervisor, board of town auditors, or any officer of a town, a report as to any fact, or any information or account he may deem necessary or desirable.

$ 22. Whenever, by any statute, a penalty or fine is imposed how paid for the benefit of common schools, and not expressly of the

common schools of a town or school-district, it shall be taken to be for the benefit of the common schools of the county within which the conviction is had; and the fine or penalty, when paid or collected, shall be paid forthwith into the conoty treasury, and the treasurer shall credit the same as school moneys of the county, unless the county comprise a city having a special school act, in which case he shall report it to the superintendent, who shall apportion it upon the basis of population by the last census, between the city and the residue

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