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

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

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

When may the county judge adjust costs of district officers defending an action or proceeding for or against the district? What amount may he allow? May he adjust costs incurred in an appeal to the Commissioner of 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 I 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

ment therefor. Such has been the law since the passage of the free-school act in 1867. (Sec. 567.) Children over four years of age are entitled to attend a kindergarten maintained in the district in which such children reside, without charge. (Sec. 311.) Attendance of Non-resident Pupils.- Non-resident pupils may upon the written consent of the trustees of a district or a majority of such trustees be admitted to the public school of such district. The trustees determine the conditions upon which non-resident pupils are admitted and the amount of tuition which must be paid. Whenever the parents or guardians of non-resident pupils are taxed on property owned by them and located in the district in which such non-resident pupils attend a public school, the amount of such tax paid must be deducted from the tuition charged. (Sec. 567.)

Attendance of Indian Pupils. When a school district contains an Indian reservation on which a school for Indian children is maintained, the Indian children of such reservation are not entitled to the school privileges of the district in which such reservation is located and cannot be legally admitted to the public district school without the consent of the Commissioner of Education. (Sec. 943.)

Description of Districts.-There should be on file in the town clerk's office a complete description in metes and bounds of each school district of his town. The districts of a town should also be numbered consecutively. In a town in which twelve school districts are located, such districts should be numbered from one to twelve, inclusive. If any of the districts of such town should be abolished, the districts should be renumbered by the district superintendent so as to make the numbers consecutive. For example, if district No. 8 should be abolished, No. 12 should be changed to 8, and the districts would then be numbered from I to II inclusive.

Formation and Dissolution of Joint Districts.- When the best interests of public education will thus be conserved, a school district may be formed from the territory of two or more supervisory districts by the joint action of the district superintendents having jurisdiction or a majority of them.

A joint district may also be dissolved. This requires, however, the joint action of the superintendents of the supervisory

districts in which such joint district is located. The proceedings are the same as those given under "Alteration of School Districts" in this chapter, except that all orders must be signed jointly by the superintendents, or a majority of them.

Alteration of Joint District by Special Meeting. When a majority of the superintendents of the supervisory districts in which a joint district is located fail to attend a joint meeting of such superintendents regularly called for the purpose of altering or dissolving such joint district, the superintendent or superintendents attending such meeting, or any one of them, may call a special meeting of such district to determine whether it shall be dissolved or altered. The decision of the meeting on such question is as valid as though made by the superintendents. Dissolution of Districts. A district superintendent has authority to dissolve any school district under his jurisdiction for valid reasons except a union free-school district whose boundaries are coterminous with the boundaries of an incorporated village or city. His action in such cases is subject to appeal to the Commissioner of Education. The territory of such district or districts, if more than one is dissolved, must be annexed to adjoining districts or must be created into a new district. This action may be taken without the consent of the trustees of the districts affected. It must be understood, however, that this action can be taken only when a district is dissolved and its territory is annexed to another district or districts or used to form a new district.

Call of Meeting to Form Union Free-School District. The trustees of any school district should issue a call for a special meeting of the district, to determine upon organizing a union free-school district, when requested to do so by fifteen persons who are qualified voters in such district. This request should be a written statement asking for such meeting, and addressed to the trustees.

Meeting of Two or More Districts.- When it is desired to unite two or more districts to form a union free-school district, fifteen qualified voters of each district must sign a request for a meeting; and when the trustees receive such request, they should issue a call for a joint meeting at some convenient place within such districts.

Notice of Meeting.- Within ten days after the trustees have received such request, they should give notice of a meeting to