districts with a United States flag. When should the flag be displayed? Where? Upon whom does the provisions of the law fall in union freeschool districts? In all other districts? Are its provisions left to the discretion of school authorities? What is the penalty for failing to comply with its provisions? If a district has not a flag and appliances, who should purchase one? If a flag and appliances have been destroyed, who should replace them? Is a vote of the district necessary in either case?

The Act of 1874.- On May 11, 1874, the State legislature passed a Compulsory Education Law, which went into effect January 1, 1875. The burden of enforcing the provisions of this act was placed upon trustees, and penalties for its violation or failure to enforce were not provided. Little attention was given to the measure, and it was never enforced to any extent in any part of the State. After remaining a dead letter upon the statute books for twenty years, the act was superseded by chapter 671 of the Laws of 1894, which was incorporated in the consolidated school law and is now article 23 of the education law. A law taking effect September 1, 1904, provides for the compulsory education of Indian children on the Indian reservations. This law is modeled after the general compulsory education law and is quite similar to it in all respects. For the detailed provisions of this law, see Article 37 of the education law.

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Terms Defined. The terms school authorities" and person in parental relation to a child" occur so often in this measure that a complete knowledge of their meaning is necessary, in order to have a clear understanding of the provisions of this law.

"School Authorities," means the trustees or board of education, or corresponding officers, whether one or more, and by whatever name known, of a city or school district, however created.

"Persons in Parental Relation to a Child.". This term means those persons who have the lawful care, custody, and control of children. The term includes parents, guardians, or any other persons standing in such capacity, whether one or more.

Who Shall Attend Upon Instruction.-1. Every child within the compulsory school ages, in proper physical and mental condition to attend school, residing in a city or school district having a population of five thousand or more and employing a superintendent of schools, shall regularly attend upon instruction as follows:

(a) Each child between seven and fourteen years of age shall attend the entire time during which the school attended is in session, which period shall not be less than one hundred and eighty days of actual school.

(b) Each child between fourteen and sixteen years of age not regularly and law fully engaged in any useful employment or service, and to whom an employment certificate has not been duly issued under the provisions of the labor law, shall so attend the entire time during which the school attended is in session.

2. Every such child, residing elsewhere than in a city or school district having a population of five thousand or more and employing a superintendent of schools, shall attend upon instruction during the entire time that the schools in the district shall be in session, as follows:

(a) Each child between eight and fourteen years of age.

(b) Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service.

3. The provisions of this section include blind children, except those receiving appointments under the provisions of Article 38 of the education law.

Where Children May Attend Upon Instruction. This law does not prescribe that children shall attend public schools. It provides that they shall attend upon instruction. Such attendance upon instruction may, therefore, be in a public school, a private school, or at home.

Character of Instruction.- When children attend elsewhere than at a public school, the instruction given must be substantially the same as that given to children of like age in the public schools in the city or district in which such children reside. The number of hours' attendance shall be the same as that required in the public school of the district in which such children reside. No greater allowance for holidays, vacations, etc., shall be made upon such

attendance than is allowed in the public schools of the district in which such children reside.

Duty of Parents, Guardians, etc.- The law makes it the duty of every parent, guardian, or other person standing in parental relation to a child or children between the ages of seven and sixteen years, to require such child or children to attend upon instruction as required by law, provided such child or children are in proper physical and mental condition to attend school.

A child within the prescribed ages shall be deemed in proper physical and mental condition to attend upon instruction unless a certificate shall have been issued by the school authorities that the child is not in proper physical and mental condition to so attend. No physical condition which is capable of correction shall avail as a defense under the provisions of this article unless it shall be made to appear that all reasonable measures for the correction of the condition and the suitable instruction of the child have been taken. (See L. 1919, ch. 232.)

Parent or Guardians Guilty of Misdemeanor, etc.-Any parent, guardian, or other person in parental relation to a child or children, who fails to require them to attend upon instruction as required by law is guilty of a misdemeanor. For the first offense, a fine not exceeding $5 or imprisonment for five days may be imposed. Each subsequent offense is punishable by a fine not to exceed $50, or by imprisonment not to exceed thirty days, or by both such fine and imprisonment. No provision having been made by this act as to what should be done with a fine in this case, the same should be disposed of as are other fines imposed and collected by courts as provided in sections 726 and 727 of the code of criminal procedure.

School Record Certificate.--A school record certificate must be issued on demand to a child who upon due investigation and examination may be found to be entitled thereto or to the board, department or commissioner of health. Such certificate must certify that the child has regularly attended the public school or schools equivalent thereto, or parochial schools, for not less than 130 days during the twelve months next preceding his fourteenth birthday or during the twelve months next preceding his application therefor and has completed six years of the elementary course of study. The certificate must also give the date of birth and residence of the

child as shown on the records of the school and the name of the child's parent, guardian or custodian.

No school record certificate shall be issued to any child under fifteen years of age, unless such child at the age of fourteen is a graduate of a public elementary school or parochial school or a school of equal rank maintaining an equivalent course of study and the instruction therein is given in English; or holds a pre-academic certificate issued by the Regents, or a certificate of the completion of an elementary course issued by the State Education Department. The authority to issue such certificate is as follows:

I. In a city of the first class by a principal or the chief executive officer of a school.

2. In all other cities and in school districts having a population of 5,000 or more and employing a superintendent of schools, by the superintendent of schools only.

3. In all other school districts by the principal teacher of the school.

Evening School Certificate.-A boy who has been in attendance upon an evening school six hours each week for such number of weeks as will when taken in connection with the number of weeks such evening school will be in session during the remainder of the current or calendar year, make up a total attendance of six hours each week for sixteen weeks for such boy, is entitled to an evening school certificate. Attendance upon a trade school for eight hours per week for a period of sixteen weeks shall also entitle a boy to such certificate. Such certificate must be issued by the school authorities or officers designated by them at least once in each month during the months such school is in session and also at the close of the term. The certificate must show the actual attendance of such boy upon the evening or trade school.

Employment Certifiate and Evening School Certificate Must be Displayed. The employer of every child between the ages of fourteen and sixteen in a city or district must keep and must display where such child is employed the employment certificate issued such child by the health authorities and the evening parttime or continuation school certificate issued by the school authorities.

Unlawful Employment of Children. It is unlawful for any person, firm, or corporation to employ any child under the age