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TITLE 2. for the instruction and improvement of common school teachers for such county, it shall thereupon be the duty of such clerk forthwith to appoint three town superintendents of the county, and notify them of their appointment to constitute an advisory committee, to make the necessary arrangements for organizing and managing such institute, and such clerk shall also immediately give such public notice in such manner as he may deem most proper, to the teachers of common schools of the county, and to others who may desire to become such, specifying a time and place, when and where the teachers may meet and form such institute. [1847, ch. 361, § 2.]

Lecturers

to be procured

Duty of county

*S 107. Whenever any institute shall have been organized as herein provided, it shall be the duty of said committee, and they shall have power to secure two more suitable persons to lecture before such institute upon subjects pertaining to common school teaching and discipline, and various educational subjects which may be deemed calculated to qualify common school teachers, and to elevate the profession of teaching, and to improve common schools; and said committee shall keep an accurate account in items, of the necessary expenses of such institute in procuring said lecturers, and otherwise, and shall verify said account by affidavit, and deliver the same to the county treasurer, to be audited by and filed with him when application shall be made to such treasurer, as hereinafter provided. [Same ch., § 3.]

*$108. Whenever any county treasurer shall receive satisfactory treasurer. evidence that not less than fifty, or in counties of under thirty thousand population, then not less than thirty teachers and individuals intending to become teachers of common schools within one year, shall have been in regular attendance on the instructions and lecturers of the institute in the county during at least ten working days, he shall audit and allow the account which shall be presented to him by the committee as aforesaid, and shall pay over to said committee the amount so audited and allowed, not exceeding sixty dollars in any one year, to be disbursed by said committee in paying the expenses incurred by the institute as aforesaid. [Same ch., § 4.]

Names to be reported

to state su

perintendent of

*S 109. Every such committee shall annually transmit to the state superintendent of [public instruction]2 catalogue of the names of all persons who shall have attended such institute, with such Instruction other statistical information and within such time as may be prescribed by said state superintendent. [Same ch., § 5.]

public

yearly.

TITLE II.

Of Common Schools.

[ART. 1.

[ART. 2.

[ART. 3.

[ART. 4.

Of the election of the superintendent of public instruction, and of his powers and duties.]

Of the apportionment of school moneys.]

Of the payment of school moneys into the state treasury, and of their distribution.]

Of the custody and disbursement of school moneys by the supervisors of the towns.]

1 Office of town superintendent abolished and their duties discharged by commissioners. 2" Pub lic instruction" substituted for "common schools."

[ART. 5.-Of the election and duties of school commissioners.]

ART. 6.-Of the formation and alteration of school districts, and of the choice, powers and duties of their officers.

[ART. 7.-In relation to union free schools.]

ART. 8.-In relation to common schools in the city of New York.]
[ART. 9.-In relation to common schools in the city of Albany.]
(ART. 10.-In relation to common schools in the city of Schenectady.]
ART. 11.-In relation to common schools in the city of Troy.]
(ART. 12.—In relation to common schools in the city of Hudson.]
[ART. 13. In relation to common schools in the city of Utica.]
ART. 14. In relation to common schools in the city of Buffalo.]
ART. 15.-In relation to common schools in the city of Rochester.]
[ART. 16.—In relation to common schools in the city of Brooklyn.]
[ART. 17.—In relation to common schools in the city of Syracuse.]
(ART. 18.-In relation to common schools in the city of Auburn.]
(ART. 19.—In relation to common schools in the city of Oswego.]
[ART. 20.-In relation to common schools in the city of Poughkeepsie.]

[ART. 21.-In relation to common schools in district number eight, in the town of
Brutus.]

[ART. 22.-In relation to common schools in joint district number one, in the towns of Camillus and Geddes.]

[ART. 23.-In relation to a school for colored children in the village of Canandaigua.] [ART. 24.-In relation to common schools in districts numbers two, three, five and seven in the town of Castleton.]

[ART. 25.—In_relation to common schools in district number one, in the towns of Castleton and Southfield.]

[ART. 26.-In relation to common schools in district number three, in the town of Cherry Valley.]

[ART. 27.-In relation to the Clyde high school in the town of Clyde.]

[ART. 28.—In relation to common schools in the village of Cohoes.] [ART. 29.—In relation to common schools in the town of Flatbush,]

[ART. 30.-In relation to common schools in district number three, in the town of

Flushing.]

[ART. 31. In relation to common schools in district number five in the town of

Flushing.]

[ART. 32.-In relation to common schools in district number seven, in the town of

Flushing.]

[ART. 33.-In relation to schools in district number four, in the town of Eastchester.]
[ART. 34.—In relation to common schools in the village of Fort Covington.]
(ART. 35.—In relation to common schools in the village of Hamilton.]

ART. 36.-In relation to common schools in the village of Huntington.]

ART. 37.—In relation to common schools in the village of Jamaica.]

[ART. 38.—In relation to common schools in district number one, in the town of Lan

singburgh.]

[ART. 39.-In_relation to common schools in district number five, in the town of

Lansingburgh.]

[ART. 40.-In relation to common schools in the village of Lockport.]

[ART. 41.-In relation to common schools in district number six in the town of Lyons.]

[ART. 42.-In relation to common schools in districts numbers one, fourteen, fifteen and twenty-three, in the town of Malone.]

[ART. 43.-In relation to common schools in the village of Medina.]

[ART. 44.-In relation to common schools in districts numbers six and fifteen, in the town of Mentz.]

[ART. 45.-In relation to common schools in district number twelve in the towns of
Milton and Ballston.]

[ART 46.-In relation to common schools in the village of Newburgh.]
[ART. 47.-In relation to common schools in the town of New Rochelle.]
(ART. 48.-In relation to common schools in the town of Newtown.]

[ART. 49.—In relation to common schools in the village of Ogdensburgh.]

[ART. 50.-In relation to common schools in district number five, in the town of Oyster Bay.]

[ART. 51.-In relation to common schools in district number one, in the town of

Palmyra.]

[ART. 52. In relation to common schools in the village of Penn Yan.]

[ART. 53.—In relation to common schools in district number eight, in the town of

Phelps.]
Pomfret.]

[ART. 54.-In relation to common schools in district number nine, in the town of

[ART. 55. In relation to common schools in the village of Pulaski.]

TITLE 2.

TITLE 2. [ART. 56.-In relation to common schools in the village of Salem.] (ART. 57. In relation to common schools in district number one, in the town of Seneca.]

How and when chosen.

Rooms to be provided.

Salary.

[ART. 58.
ART. 59.

[ART. 60.

In relation to common schools in the village of Sing Sing.]
In relation to common schools in district number one, in the town of
Waterford.]

In relation to common schools in districts numbers one and fifteen, in the
town of Waterloo.]

[ART. 61.—In relation to common schools in district number one, in the town of West

Farms.]

[ART. 62.-In relation to schools upon the Tonawanda reservation, for the instruction of Indian children.]

[ART. 63.-In relation to the Seneca Indian high school.]

ART. 64. In relation to schools in orphan asylums.]

[ART. 65.—Of the application of the provisions of this title in cities, villages and

towns.]

[ARTICLE FIRST.!

Of the Election of the Superintendent of Public Instruction, and of his Powers and Duties.]

SEC. 1. Superintendent to be chosen by joint ballot of senate and assembly, every three years. 2. To be assigned suitable rooms in the state hall; his salary; clerk hire.

*

3. To devise a seal with inscriptions; copies of papers, decisions, &c., authenticated under seal, to be read in evidence.

4. To visit schools and literary institutions.

5. To be ex officio, a member of the board of regents.

6. To appoint visitors of common schools.

7. May grant certificates to teachers.

8. Charged with providing means of education of Indian children; his duties.

9. To secure the co-operation of Indians; his duties.

10. Title of Indians to lands to be protected, &c.

11. Indian children, between ages of four and twenty-one, to draw public money; annual enumeration.

12. $5,000 appropriated to carry into effect provisions of this act.

13. Superintendent to file in his office vouchers of expenditures, and report annually to legislature.

14. Indigent deaf and dumb persons, between twelve and twenty-five years of age, &c., to be received in New York institution for instruction of deaf and dumb.

15. How pupils to be supported; term of instruction five years; designated state pupils.

16. Superintendent authorized to continue at institution, not to exceed three years, twelve of said pupils.

17. Inconsistent acts repealed.

18. Superintendent to prepare forms and instructions, and transmit them to officers.

1. There shall be chosen by joint ballot of the senate and assembly, on the first Tuesday in April next, and every third year thereafter, and as often as a vacancy shall occur in said office, a state superintendent of public instruction, who shall hold his office for three years, and shall be invested with all the powers, perform all the duties, and be subject to all the responsibilities now conferred or imposed by law upon the secretary of state in his capacity of superintendent of common schools. [1854, ch. 97, § 1.]

*

S2. The superintendent so appointed shall enter immediately upon the discharge of his duties, and shall be assigned suitable and convenient rooms in the state hall, to which all books, papers and documents now in the office of the secretary of state and per taining to the common school department, shall be transferred. He shall receive an annual salary of two thousand five hundred dollars, payable quarterly by the treasurer on the warrant of the comptroller, and shall have power to appoint a deputy and as Clerk hire. many clerks, not exceeding three, as he may deem necessary for the transaction of the business of the department; but the compensation of such deputy and clerks shall not exceed three thou

1 This article comprises the whole of ch. 97. of Laws of 1854; part of ch. 272, of Laws of 1854; the whole of ch. 71, of Laws of 1856; parts of statutes enacted previous to the year 1852; original $9, of Revised Statutes is retained in brackets. For articles first, second, third, fourth and fifth of Revised Statutes, the articles bearing the same numbers in this edition have been substituted, the law having been so modified by recent legislation as to require new titles.

sand dollars in any one year, and shall be payable monthly by ART. 1. the treasurer on the warrant of the comptroller and the certificate of the superintendent. [1854, ch. 97, § 2.]

thenticated,

dence.

3. It shall be the duty of the state superintendent as soon Seal. as may be practicable after the commencement of his official term, to devise a seal, with suitable inscriptions and device, a description of which, together with an impression thereof, shall be filed in the office of the secretary of state, which shall thereafter be the official seal of said superintendent, and such seal may be renewed from time to time as often as may be necessary; copies of all copies of papers deposited or filed in the office of said superintendent, and papers auall acts, orders and decisions made by him may be authenticated made eviunder such seal, and when so authenticated shall be evidence equally and in like manner, with the original. [Same ch., § 3.] *S4. It shall be the duty of the state superintendent to visit Visitation as often as may be practicable, such and so many of the common and literary schools, academies and other literary institutions of the state as he may deem expedient; to inquire into the course of instruction, management and discipline of such institutions, and to report the results of such visitation and inspection annually to the legislature, with such recommendations and suggestions as he may deem suitable. [Same ch., § 4.]

of schools

institutions.

uthe niver

35. The state superintendent shall be ex-officio a member of Regents of the board of regents of the university, and chairman of the execu- sity. tive committee of the board of regents of the state normal school. [Same ch., § 5.]

common

be appoint

36. The superintendent of [public instruction] may appoint Visitors of such and so many persons as he shall from time to time deem schools, to necessary to visit and examine into the condition of the common ed. schools in the county where such persons may reside, and report to the superintendent on all such matters relating to the condition of such schools, and the means of improving them, as he shall prescribe; but no allowance or compensation shall be made to the said visitors for such services. [1839, ch. 330, 8.1

public in

may grant

37. The superintendent of [public instruction], on the recom- Superinmendation of any county superintendent,' or on such other evidence of as may be satisfactory to him, may grant certificates of qualifica- struction tion under his hand and seal of office, which shall be evidence that certificates. the holder of such certificate is well qualified, in respect to moral character, learning and ability, to teach any district school within this state; which certificate shall be valid until duly revoked by the superintendent. [1843, ch. 133, § 10.]

Superin

public in

38. The superintendent of public instruction shall be charged with providing the means of education for all the Indian children tendent of in the state. He shall cause to be ascertained the condition of struction charged the various bands in the state in respect to education; he with proshall establish schools in such places, and of such character and means of description as he shall deem necessary; he shall employ superin- of Indian tendents for such schools, and shall, with the concurrence of the children. comptroller and secretary of state, cause to be erected where

1 Office of county superintendent abolished.

education

TITLE 2. necessary convenient buildings for their accommodation. [1856, ch. 71, § 1.]

Indians to co-operate.

to be protected.

*S 9. In the discharge of the duties imposed by this act the said superintendent shall endeavor to secure the co-operation of all the several bands of Indians, and for this purpose shall visit, by himself or his authorized agent, all the reservations where they reside, lay the matter before them in public assembly, inviting them to assist either by appropriating their public moneys to this object or by setting apart lands and erecting suitable buildings, or by furnishing labor or materials for such buildings, or in any other way which he or they may suggest as most effectual for the promotion of this object. [Same ch., § 2.]

Indian title * 10. In any contract which may be entered into with the said Indians, for the use or occupancy of any land for school grounds, sites or buildings, care shall be taken to protect the title of the Indians to their lands, and to reserve to the state the right to remove or otherwise dispose of all improvements made at the expense of the state. [Same ch., § 3.]

draw public money.

Children to *S 11. The Indian children in the state between the ages of four and twenty-one years, shall be entitled to draw public money the same as white children. The superintendent shall cause an annual enumeration of said Indian children to be made, and shall see that the public money to which they are ratably entitled is devoted exclusively to their education. [Same ch., § 4.]

Enumera

tion.

$5,000 appriated.

Vouchers

to be filed.

Indigent deaf and

sons to be received in New

York insti

tution, for

*S 12. To carry into effect the provisions of this act, the sum of five thousand dollars is hereby appropriated out of the surplus income of the United States deposit fund, to be paid by the treasurer, on the warrant of the comptroller, from time to time, to the order of the superintendent of public instruction. [Same ch., § 5.]

*

13. The superintendent shall take and file in his office. vouchers and receipts for all the expenditures made under this act, subject to the inspection of the joint committee to examine the accounts of the auditor and treasurer; and shall annually report to the legislature all his doings by virtue of the authority vested in him; and for this purpose said superintendent may require full and detailed reports, in such form as he may prescribe, from those having the immediate supervision of any Indian schools in this state. [Same ch., § 6.]

*S 14. Every indigent deaf and dumb person resident of this dumb per state, between twelve and twenty-five years of age, whose parent or parents, or if an orphan, whose nearest friend shall have been resident in this state for three years, and who may make application for that purpose, shall, until provision be made by law for his of deaf and or her instruction in some other institution or school, be received into the New York institution for the instruction of the deaf and dumb, provided his or her application for the purpose be first approved of by the superintendent of public instruction. [1854, ch. 272, §1.]

instruction

dumb.

How supported.

*S 15. Each indigent pupil so received into the institution aforesaid shall be provided with board, lodging and tuition; and the directors of the institution shall receive for each pupil so provided for the sum of one hundred and fifty dollars per annum, in quar

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