By section 5151, it is declared that "every county treasurer shall keep an accurate account of all moneys paid to him on account of fines, penalties, forfeitures and recognizances, separate and distinct from all other accounts, and shall credit the same to the library fund," etc. And, by section 5152, it is directed that "all the moneys belonging to such library fand shall be apportioned by the treasurer at the times, etc., and shall be paid over, etc., according to such apportionment." The moneys belonging to this fund must necessarily include all that has been legally paid into it, subject to such deductions, after it has been paid in, as the laws authorize or require. Without questioning the right of the Legislature to make such deductions as they deem expedient, except from fines, it is very clear that until they see fit to make such deductions, inasmuch as no money can be drawn from the treasury without some legal authority,-the fund must remain inviolate. No provision of law has yet been enacted allowing or requiring any money to be deducted from this fund. The criminal expenses are not a charge upon it. The clear proceeds, therefore, as the laws now stand, include all the sums paid into the treasury from the sources mentioned. It is unnecessary to consider the collateral questions argued. We are of opinion that the treasurer is bound to include in his apportionment, and to pay over to the several local officers, all moneys which are paid into his office on account of fines, penalties, forfeitures and recognizances. A mandamus should therefore issue as prayed. We do not, however, regard this as a proper case for costs. INDEX TO SCHOOL LAWS. The figures immediately following the subject refer to the section. A. ACCEPTANCE: district officers to file, 5, 149- of two needed to perfect organization, 6, 147- AGRICULTURAL COLLEGE: law. APPORTIONMENT: duties of sup't in making, 5-9, 119. of moneys by town clerk, 97, 98, 107- duties of county clerk relating to, 112. duties of county treasurer relating to, 116. to fractional districts, 139. of moneys to district libraries, 3.- to appear in suits against district, 36.. and moderator to audit and pay directors' account, 48. a member of district board, 55.. ASSESSOR: election and qualification of, 5, 149. to pay orders of director and moderator, 32. warrants on town treasurer payable to, 53.. summons to be served on, by prosecutor, 123.. to certify judgment to supervisor and director, 125. penalty to, for neglect of duty, 130.. may be removed by town board, 136. to collect damage of supervisor, 141- may be appointed by inspectors, 146- PAGE. 130 166 -9, 10, 81 .71, 75 78 79 85 87 109 -16, 92 31 32 37 39 42 48 49 51 62 82 82 83 85 88 90 92 119 11 122 117 .14, 94 32 36 elected by trustees of graded school, 149. APPOINTMENT: superintendent to appoint visitors to literary institu- tions, 6, 21.. superintendent to appoint institutes, 1.. superintendent to appoint county supt. to fill vacancy, 14 of first meeting of district, 1, 152.. clerk appointed in director's absence, 37-. board may appoint person to take census, 41. APPOINTMENT (Continued): voters may appoint building committee, 59. board to fill vacancy by appointment, 66, 149. when inspectors to appoint district officers, 146, 149. board appointed to locate site, 153.. of district librarian, 2.. form of, for chairman of inspectors- 134 certificate of, suspended, 2.- of secretary and treasurer of board of agriculture, 6- BOARD OF EDUCATION : election of, and duties, 9. to contract for books, 4. BOUNDARY: described in first notice, 1.. of site described, note.......... regulated and altered by inspectors, limitations, 71. 167 64 6 109 121 14 24 map showing, by town clerk, 102. of graded districts altered with consent of trustees, 165.. 101 C. CONSTITUTIONAL PROVISIONS. COMPENSATION : of teachers, to be in writing, 39- of county superintendents, 4. of officers in university, 5. of secretary of agricultural college, 11. PAGE. CENSUS: when and how taken, 41. non-residents attending school not included in, 137. may be annulled by inspectors, 90. 36 86 48 67 69 69 giving and annulment of, recorded by town clerk, 96. 70 82 of election of county superintendent by county clerk, 3. to teachers by county superintendent, 6, 7, 15.. suspended by county superintendent or inspectors, 2.. of juror in suit for site, 157. COUNTY CLERK: duties of, 111, 112.. liable to penalty for not transmitting report, 134. to certify election of county supt. to State supt., 3.. COUNTY TREASURER: to apportion library moneys, 116. interest fund payable to, 120. salary of county superintendent paid by, 4. COUNTY SUPERINTENDENT: to furnish town clerks with list of teach- 113 114, 115, 117 121 121 24 97 78 85 113 79 81 appointed by State superintendent to fill vacancy, 14. counties not entitled to have, 18.. money for site deposited with, 160, 167- ers, 80... act creating, term two years from May 1st, 1, 3. of census list, on oath, by director to town clerk, 41,- of inspectors' report by town clerk to county clerk. See note of map of districts by town clerk, 102, 103. 73-74 of apportionment by county clerk to county treasurer, 112. 78 82 of inspectors' report filed with county clerk by county supt., 11. 116 99, 102 113 64 113 113 114-117 117 117 118 121 |