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vacancy should be required by the county treasurer to give a bond in like manner as supervisors regularly elected, in double the amount of school moneys in the hands of the former supervisor.

Should Sue Bond.- If the condition of the bond of any supervisor should be broken, the county treasurer should sue the bond in behalf of the town and pay the money recovered to the successor of the defaulting supervisor.

Payment of School Moneys.- After a supervisor has given a bond approved by the county treasurer, such treasurer should pay such supervisor the amount of school money due his town as shown by the superintendents' certificate of apportionment.

Payment of Unpaid Taxes.- Whenever a collector is unable to collect the school-district tax upon any real estate and the matter is properly presented to the county treasurer, it is his duty to pay such tax from the contingent fund and to report the facts to the board of supervisors of the county. (See chapter 15.)

DISTRICT ATTORNEY

Fines from Prosecutions. The district attorney should prosecute all persons guilty of misdemeanors in relation to school , affairs, as required by law, and should report annually to the board of supervisors all fines collected as the result of such prosecution, and all such money received by him should be immediately paid to the county treasurer. (Sec. 851.)

Adjust Costs.- When the amount claimed by district officers for defending actions and proceedings in behalf of a district is disputed by such district and the county judge is debarred from acting, such claim, when presented in due form, must be adjusted by the district attorney.

COUNTY JUDGE

Adjust Costs.- When the officers of a school district have brought or defended an action or proceeding in behalf of such district by instruction, and the amount claimed by such officers for costs and expenses is in dispute, and when such officers have brought or defended an action or proceeding in behalf of a district without instruction, and the district meeting refuses to allow the claim presented by such officers for costs and expenses and the

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matter is properly presented to the county judge, he should give such officers and district a hearing, examine into the facts of the case, and decide what amount should be allowed such officers, if any. The amount allowed by a county judge for costs and disbursements cannot exceed thirty dollars. A county judge cannot adjust a claim for costs and expenses incurred in bringing or defending appeals before the Commissioner of Education, but only in an “action or proceeding," in court. (Sec. 860; 31 Misc. 590.)

REVIEW QUESTIONS

Of what school property are supervisors trustees? What annual return of school moneys must supervisors make? When and to whom is such return made? When may supervisors pay out such moneys after a return has been made? Upon whose order should a supervisor pay the money in his hands for the payment of teachers' wages? What two facts should such order show? When should a supervisor pay to a collector or treasurer of a district the money due their district for teachers' wages? What disposition should a supervisor make of the money in his hands, for teachers' wages and library purposes, belonging to union free school districts? To whom should the supervisor make a report of the school moneys received and disbursed by him? What record of school moneys should a supervisor keep? What should he do with this record?

What statement should a supervisor file in the town clerk's office? When? To whom should he send notice that such report has been filed? State what is necessary to qualify a supervisor to obtain funds from his predecessor in office. What is the duty of a supervisor relative to penalties and forfeiture under the consolidated school law? In what manner may a supervisor assist in the formation or alteration of school district boundaries? Has he authority to act if not requested to do so? Can he be compelled to act in such capacity? To what compensation are supervisors entitled to for such service? When may supervisors determine upon the equitable assessment of property? When may the supervisor of an adjoining town assist in such matters? What compensation does he receive for this service?

What is the general duty of a town clerk relative to preserving school district records? What record of a supervisor's certificate of apportionment should a town clerk make? What officers' reports must he obtain? What must he do with such reports? What report must he make to the district superintendent? What is his duty in relation to distributing documents? What is his duty in relation to records of annual accounts? Final accounts? Treasurers' certificate? Records of boundaries of districts? When may he assist in forming a new school district or in changing the boundaries of a district? Can he act if not requested? Can he be compelled to act? What compensation does he receive? What is his duty in

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NEW YORK SCHOOL LAW

relation to records of dissolved districts? In filing bonds of collector? To what compensation is he entitled? How is such paid?

When must a county treasurer report to the Commissioner of What must such report show? What is his duty in relation bonds of supervisors? When should he sue the bondsmen of a When should he pay school moneys to supervisors? When sh uncollected taxes on real estate to a school district collector?

What is the duty of the district attorney in relation to fines cutions? In adjusting costs?

When may the county judge adjust costs of district officers de action or proceeding for or against the district? What amou allow? May he adjust costs incurred in an appeal to the Comm Education in an action or proceeding as defined by the Civil Code

Number of Districts.

CHAPTER VI

SCHOOL DISTRICTS

[Article 5]

For the school year ending July 31, 1918, the number of school districts in the State, not including cities, was 10,240. The number differs from year to year as new districts are formed and others abolished.

Origin of District System.— The school act of 1795 provided that the inhabitants of a town might associate together for the purpose of establishing and maintaining schools. Schools were maintained under this plan until 1812, when the law was changed by the school act of that year providing that the town commissioners should divide their respective towns into a suitable and convenient number of districts which should be numbered. The first act providing for union free schools was passed in 1853, and was incorporated into the Consolidated School Act of 1864. The object was to create strong schools by uniting weak ones, and thus bringing more pupils and property to the support of a single school.

Division of Territory.- The law provides that all territory of the State must be divided and included in school districts. If there is territory in a supervisory district not included in some school district, it is the duty of the district superintendent having jurisdiction to divide such territory and order that it be included in the school districts to which it properly belongs.

Constitutional Provision.-Section 1 of article 9 of the State constitution requires the State legislature to provide for the maintenance and support of a system of free common schools wherein all the children of the State may be educated.

School District.- A school district is a subdivision of a town or city which is under the management and direction of officers who are required to maintain a free public school in and for such district as the law directs.

Classes of Districts.- Under the education law school districts are known as city school districts, union free-school districts and common-school districts.

City School Districts.- Each city in which the school district boundaries are coterminus with the city boundaries is declared by statute to be a city school district. In each city where the school district boundaries are not coterminus with the city boundaries the school district which contains the whole or the greater portion of the inhabitants of the city is the city school district of such city.

Union Free-School Districts.- Union free-school districts are the districts organized as such under the provisions of the education law, or under special acts of the State legislature. These districts are governed by a board of education.

Common-School Districts. All school districts in the State which are neither city nor union free-school districts are common-school districts. In the place of a board of education a common-school district has a sole trustee or a board of trustees. Joint Districts.- Joint districts are school districts lying in two or more towns or supervisory districts.

Public School. A public school is a school which is free to all the children of school age residing in a district or city, and supported by public taxation. Common schools and union free schools are public schools.

Farm School. The board of supervisors in a county, outside of the city of New York, may organize a farm school for the purpose of giving instruction in the trades and in industrial, agricultural and home-making subjects. The cost of maintenance is a county charge. (For details of the statute, see article 22-a of the Education Law.)

Camp Schools. The law now authorizes the maintenance of camp schools to afford educational facilities for the children of laborers who may be employed in large construction works, such as reservoirs, public highways, power plants, etc. These are special schools, and the details of the law are not given here, but may be found by consulting article 6-a of the Education Law.

School Year. The school year begins on the first day of August and ends on the thirty-first day of July following.

Who May Attend School.- All persons over five and under twenty-one years of age are entitled to attend the public school of the school district or city in which such persons reside, the full period for which such public school is in session, without pay

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