to furnish the commissioner the names and post-office addresses of district officers, reported to him by district clerks (iv. 4).

Alteration of boundaries.-Trustees may request the town clerk and the supervisor to be associated with the commissioner in deciding as to change of boundaries of school districts (vi. 4; 535), in which case he shall be paid $1.50 a day for his services (vi. 5).

SCHOOL COMMISSIONER

Election. He is elected by popular ballot at the general State election.

The term of office begins on the 1st day of January succeeding the election, and is for 3 years (v. 4).

NOTE 1.-The years of election are 1896, 1899, etc., except in the second district of Tompkins county, where they are 1895, 1898, etc.

NOTE 2.-Vacancies are filled by the county judge until the next general election.

Qualifications.-The candidate must be (a) of full age, (b) a citizen of the United States, (c) a resident of the State and (d) of the county in which the district is situated. A trustee or member of a board of education vacates that office when elected commissioner (vii. 22; viii. 5); and a commissioner must not engage in teaching during his term of office (627). No person is deemed ineligible on account of sex (v. 3).

Salary.-An annual salary of $1,000 is paid him from the State school moneys.

An allowance of $200 a year is also made by the county for expenses (v. 7-9). This last may be increased by the supervisors.

MISCELLANEOUS DUTIES

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Removal.-If he persistently neglects to perform his duties his salary may be forfeited (v. 10); and he may be removed by the superintendent for wilful violation of duty, or for wilfully disobeying any decision, order, or regulation of the superintendent (i. 13).

If he is engaged directly or indirectly as publisher or seller of school books, or in making or selling school apparatus; or if he receives any gift or reward or promise for his influence in securing the sale among schools of books or furniture, he commits a misdemeanor and may be removed from office (v. 12). See page

129.

Apportionment.-The commissioners of each county shall meet at the county seat on the 3d Tuesday of March in every year, to apportion the school moneys of the county among the different districts (ii. 12). See pages 10, 11.

Visitation. He shall visit schools in his district as often as practicable each year, and make inquires of all matters relating to the schools, and their management, and the condition of the school property; and recommend to trustees and teachers the proper course of instruction, management, discipline, and studies for the school (v. 13.2). See page 139.

In case of joint districts, the school is under the commissioner in whose district the schoolhouse is situated.

Condemnation of schoolhouses.-If he deems a schoolhouse wholly unfit for use he may condemn it, under written order taking effect immediately (vi. 13.4; 629, 630, 636, 637). Ky. has a like law1.

NOTE. He has also the power to direct the trustees (a) to make any repairs or alterations on the schoolhouse or out-buildings which shall, in his opinion, be necessary for the health or comfort of the pupils at an expense not to exceed $200, unless more shall be voted by the district (637); (b) to repair or replace the school-furniture at an expense not to exceed $100 in any one year. (c) He may also direct the abatement of any nuisance on the premises when the cost is not more than $25 (v. 13.3). He is to approve of plans for school-buildings (vii. 17; 639), and of change of site (vii. 19). He has no power to condemn a schoolhouse site (655).

Examination of teachers.-Is to examine persons proposing to teach common schools in his district, who do not possess a State certificate or a normal school diploma, and to grant licenses to those found to be qualified (v. 13. 5).

NOTE. He may have the use of any school-building in his district for holding examinations (v. 16).

Annulment of licenses.-He is to examine any charge affecting the moral character of any teacher within his district, and if he finds the charges sustained to annul the teacher's license (v. 13. 6).

NOTE. He also has the power to take affidavits, administer oaths, and issue subpoenas, when directed by the superintendent to take testimony in cases of appeal (v. 14).

Teachers' classes.-Teachers' classes, organized in any academy or union school by appointment of the superintendent, are subject to the visitation of the commissioner; it is his duty to advise and assist the principal of such school in the organization and management, and at the close of the term to examine the students in such classes and to issue teachers' certificates to such as show proper qualifications (xi. 7).

Teachers' institutes.-He is to make all necessary

MISCELLANEOUS DUTIES

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arrangements for institutes when appointed by the superintendent, and report the same (x. 2).

NOTE 1.-He has the right to use any school-building in the district for that purpose (x. 3).

NOTE 2.-All schools in the district must be closed during the institute; except that union free school districts having a population of more than 5,000 and employing a superintendent may be closed or not at the option of the board of education (x. 4). The schools thus closed shall be allowed the same average pupil attendance for the week of the institute as for the week preceding, and any school failing to close shall receive no public money based upon the aggregate attendance during institute week (x. 5). Wilful failure to close the school during institute week is sufficient cause for withholding the public moneys (x. 6).

NOTE 3.-All teachers employed or under contract to teach in the district shall attend the institute and shall receive wages for the time in attendance (x. 4).

District boundaries.—Shall ascertain from time to time if the boundaries of school districts are definitely described in the records of the proper town clerks; in case they are found defective, or are in dispute, shall cause them to be amended, or an amended record to be made (v. 13. 1; vii. 1, 3, 4; 539).

May alter the boundaries of any district with the written consent of the trustees of the districts affected (vi. 2; vii. 1, 3, 4; 244–257, 531–534, 540–563).

NOTE 1.-If the trustees of any such district refuse to consent, he may make and file with the town clerk his order making the change; but directing that it shall not take effect till a specified day not less than three months after giving notice to the trustees as given below (vi. 3).

Within ten days after filing such order, he shall give to one or more of the assenting and the dissenting trustees of any district affected by the change, at least a week's notice in writing, that, at a named time and place within the town, he will hear the objections to the alteration. The trustees of any such district may request the supervisor and town clerk to be associated with the commissioner; the decision made, whether the order directing the change shall be confirmed or annulled, is final, unless duly appealed from (vi. 4; 534-539).

NOTE 2.-Union free school districts.-He may alter the boundaries of any union free school district whose limits do not correspond with those of a city or an incorporated village in like manner as of common school districts; but no district shall be altered or divided which has any bonded indebtedness outstanding (v. 6; 559).

NOTE 3.-Dissolved districts.-He may dissolve one or more districts, and from such territory form a new district, or unite a portion of such territory to any existing adjoining district or districts (vi. 9; 264:1896. He shall order the clerk of a dissolved district to deposit the books, papers, and records of the district in the town clerk's office, filing a duplicate of the order with the town clerk (vi. 13). The dissolved district must continue to hold meetings for the sake of paying its just debts (vi. 12). For distribution of its property, see vi. 10; 592.

NOTE 4.-The inhabitants of a district have no power to annul it (580), or to vote that no school be held (617).

Reports. On August 1 he shall make to the superintendent a report made up from the reports of the trustees, afterwards indorsing and depositing them with a copy of his abstract in the county clerk's office (v. 16; 200).

CITY AND VILLAGE SUPERINTENDENTS

Limit of Population.-In any incorporated village or union school district having a population of 5,000 or upward, the board of education may appoint a superintendent of schools, to be under their direction, with powers and duties prescribed by them. He shall be paid from the teachers' fund a salary to be fixed by a majority vote. Such superintendent shall entitle the district to receive $800 a year from the free school fund (viii. 17; ii. 5).

NOTE 1.-It is for the State superintendent to determine by causing the enumeration to be made whether the district really has a population of 5,000 (ii. 5; viii. 17).

NOTE 2.-Cities entitled to more than one member of assembly receive an additional $500 for each additional member of assembly (ii. 5).