how sued S60. It shall be the duty of the supervisor, by his name of ART. 5. office, to sue for and recover all penalties and forfeitures imposed Penalties by any act relating to schools in respect to which no provision is for. made, or for any default or omission by any town superintendent, or any other town officer or school district officer or officers, now required to be sued for by the town superintendent; and after deducting his costs and expenses, shall report the balance in his hands to the commissioner, who shall apportion the same to the district or districts to which the same may belong. [1856, ch. 179, § 24.] relation to school lots. 61. All powers and duties formerly possessed and exercised Powers in by the trustees of the gospel and school lots, and subsequently by gospel and section one of chapter one hundred and eighty-six, Laws of one thousand eight hundred and forty-six, conferred upon town superintendents of common schools, are hereby conferred and imposed upon the supervisors of towns, and shall hereafter be exercised and performed by them. [Same ch., § 27.] transferred sors. *362. All the powers and duties imposed upon the commis- Powers sioners of common schools by the act passed April the twenty- to supervi seventh, one thousand eighth hundred and twenty-nine, entitled "An act relative to moneys in the hands of overseers of the poor," passed April twenty-seventh, one thousand eight hundred and twenty-nine, are hereby imposed upon the supervisors of towns. [Same ch., § 29.] Powers and intendents 563. All the powers and duties imposed upon town superin- duties of tendents by section seventy-two, seventy-three, seventy-seven, town supereighty, and one hundred and thirteen, of chapter four hundred and under act eighty, Laws of one thousand eight hundred and forty-seven, are posed on hereby imposed upon the supervisors of the towns. [Same ch., $26.] supervisors. [ARTICLE FIFTH.1 Of the Election and Duties of School Commissioners.] Sec.64. County school commissioner to be elected by board of supervisors. 65. Assembly district school commissioners to be elected by boards of supervisors. 66. Commissioner for certain towns in Kings to be elected. 67. When the commissioners may be chosen; county to be divided; divisions assigned; description &c., to be filed. 68. Casting vote when to be given by clerk of board of supervisors. 69. Certificate of election of commissioner to be filed with county clerk and state superindent; notice to school commissioners; term of office to expire in 1858. 70. School commissioners to be elected at general election afterwards; when to enter into office; length of term; may be transferred. 71. Powers and duties of commissioners: to visit and examine schools, &c.; not to act as agent for authors, &c.; to examine candidates, &c.; annual certificate, &c.; to organize teachers' institutes. 72. Duties of town superintendents transferred to school commissioners. 73. Commissioner may resign his office; county judge to fill vacancy. 74. Superintendent of public instruction to prescribe rules and regulations for commissioners; commissioners to report annually to superintendent; trustees of joint districts to make out one annual report; county clerks not to make returns of reports. 75. Commissioners authorized to take affidavits. 76. Boards of supervisors may increase salaries of commissioners; increase to be a charge on the county. 77. Expenses to be audited by boards of supervisors to commissioner; amount not to exceed $100. 78. Cities governed by special acts not included in commissioners' district created by this act. 79. Commissioners shall not be trustees or supervisors. 80. Town clerks and their duties. $1 Duties of commissioner. 82. Qualified teachers. 83. Moneys remaining unpaid in hands of school commissioners to be added to those of next apportionment 84. State superintendent to remove school officer. This article comprises parts of chapter 179 of Laws of 1856, and parts of statutes enacted previous to the year 1852, as modified by subsequent legislation. of 1847, im County missioner. TITLE 2. * 64. The boards of supervisors of the several counties in this state composing each one assembly district, and also the boards of school com- supervisors of each of the counties of Fulton and Hamilton, shall assemble at their usual place of meeting, on the third day of June next, at noon, and elect for their county an officer to be called school commissioner. Such officer shall be elected by ballot, and shall hold his office from the day of his election until the first day of January, one thousand eight hundred and fifty-eight. [1856, ch. 179, §1.] Assembly district *S 65. The boards of supervisors of the several counties in this school com- state having more than one assembly district, except the counties missioner. of New York and Kings, shall meet on the third day of June next, at noon, and elect by ballot an officer to be called school commissioner, for each assembly district in their respective counties, who shall hold his office until the first day of January, one thousand eight hundred and fifty-eight. [Same ch., § 2.] Commissioner for certain towns in Kings. When two commis be chosen. be divided. $66. The supervisors of the towns of Flatbush, Flatland, Gravesend, Newlots and New Utrecht, in the county of Kings, shall, on the third day of June next, meet at the usual place of meeting of the board of supervisors of said county, and elect by ballot a school commissioner for that portion of said county, not included within the city of Brooklyn, who shall hold his office from the day of election until the first day of January, one thousand eight hundred and fifty eight, and until a successor shall have been elected by the inhabitants of said towns in the manner hereinafter provided. [Same ch., § 3 ] *S 67. In the several counties composing each but one assembly sioners may district, the respective boards of supervisors shall have power and are hereby authorized, in their discretion, to choose two school commissioners whenever the number of school districts in the county shall exceed one hundred and forty, counting two parts of districts joint with other counties as one district. In case two commissioners shall be chosen as aforesaid, then the board of County to supervisors shall immediately proceed to divide the county into two districts or sections, having reference in such division, as nearly as may be, to equalize the territory and number of schools and pupils under the supervision of each commissioner, and also having reference to the density of population, and the facilities for Divisions traveling. They shall make a description of the divisions established by them, and assign the charge of one of them to each of the commissioners then chosen. But no town shall be divided in Description the formation of any such district. Such description shall be filed in the office of the county clerk, and a copy thereof sent by him to the superintendent of public instruction. [Same ch., § 4.] assigned. to be filed. Casting vote by board of * S68. In case any two persons shall have an equal number of clerk of votes for the office of commissioner, at the election herein before supervisors provided for, the clerk of the board may give a casting vote, but except for that purpose shall have no vote in the proceedings. [Same ch., § 5.] of election Certificate * 69. A certificate of the election of every commissioner shall to be filed forthwith be made by the clerk of the board of supervisors, and with county filed in the office of the county clerk, and a duplicate thereof be clerk and ART. 5. intendent. school com. fice to ex general terwards. sent by mail to the superintendent of public instruction; and the county clerk, upon the filing of such certificate, shall forthwith state supor give notice, in writing, to the school commissioners of their election, who shall, within ten days after such notice, take and sub- Notice to scribe the constitutional oath of office, and shall give notice of their missioners. acceptance to the superintendent of public instruction, and enter upon their duties immediately. They shall hold their office until the first day of January, one thousand eight hundred and fifty- Term of of eight, and until their successors shall have taken and filed with in 1858. the county clerk the like oath of office. [1856, ch. 179, § 6.] To be elect370. At the annual general election, held in the year one thou- eat the sand eight hundred and fifty-seven, and every three years thereaf- election af ter, there shall be elected on a separate ballot, to be endorsed "school commissioner," in the several assembly districts, and in the sections of single assembly districts, formed and designated as hereinbefore provided, and in the towns of Kings county not included in the city of Brooklyn, a school commissioner for each district or section. All the provisions of law relating to the mode of voting and of canvassing the votes for the county officers, shall apply to and govern the election of such commissioners. The When to persons so elected shall enter into office on the first day of January, office. one thousand eight hundred and fifty-eight, and shall hold office Length of for three years, and until their successors shall have qualified according to law. Each of such commissioners, in counties where more than one is elected, shall take charge of that one of the assembly districts, or that one of the sections into which any county having but one assembly district may be divided, for which he shall have been elected; but may upon the written request of May be the commissioner in charge of any other section of the same county, perform any duties therein, which he might discharge in the section of his own residence. [Same ch., § 7.] *371. Every commissioner shall have power, and it shall be his duty: enter into term. transferred. 1. To visit and examine all the schools and school districts com- Powers and duties. schools, etc. mitted to his charge, as often in each year as shall be practicable; To visit and to inquire into all matters relating to the management, the course examine and mode of instruction, the books, studies and discipline of such schools, the condition of the school houses, out-buildings and appendages, and of the districts generally; to advise and counsel with the trustees and other officers of school districts, in relation to their duties, and particularly in relation to the construction, ventilation and warming of school houses, and to the improving and adorning of the school grounds connected therewith, and to recommend to such trustees and to the teachers employed by them, the proper studies, discipline and management of the schools, the course of instruction to be pursued, and to examine into the condition of the district libraries. No commissioner shall act as agent for any Not to act author, publisher or bookseller, or shall directly or indirectly receive any gift, emolument or reward for his influence in recommending the use of any book or school apparatus or furniture of any kind whatever. Any act herein prohibited shall be deemed a violation of his official oath, and any offer or solicitation to such as agent for authors,etc. TITLE 2. an act, shall be considered an attempt to bribe and corrupt a public officer. candidates. To examine 2. To examine persons offering themselves as candidates for teachers of public schools, in order to determine and to decide upon their capacity and to grant them certificates of qualification, in such forms as shall be prescribed by the superintendent of public instruction, which certificates, according to the terms thereof, shall be evidence of the qualifications of such teachers in the district of the county, to which such commissioner shall be elected, or to which he shall be assigned in accordance with the provisions of ...this act. To annul certificate, etc. teachers' institutes. 3. To annul any certificate granted to any teacher by him or by his predecessor, or by any town or county superintendent, whenever such teacher shall have been found deficient, and to examine upon reasonable notice and opportunity of defence to the teacher, into all charges affecting the moral character of the teacher, which may be presented as a cause for annulling a certificate by whomsoever such certificate may have been granted, and he shall report every instance of such examination, the evidence which may be presented in the case to the superintendent of public instruction, immediately after the conclusion of such examination. To organize 4. To organize and conduct at least once in each year, in his own district or in concert with the commissioner or commissioners of one or more adjoining districts in the same county, a teachers' institute, and to induce if possible all the common school teachers in his district to be present and take part in the exercises of such institute; and to perform the duties imposed by chapter three hundred and sixty-one, Laws of eighteen hundred and forty-seven, upon town superintendents, and to give the notice therein required to be given by the county clerk; General powers. Duties of town superintendents transferred to school commisers. May resign. County judge to fill vacancy. 5. And generally by all means in his power to promote sound education, elevate the character and qualification of teachers, improve the means of instruction and advance the interests of the schools committed to his charge. [1856, ch. 179, § 8.] *S72. All the duties and requirements of law now imposed upon town superintendents, in reference to the formation. alteration, dissolution, consolidation and annulling of school districts, the building of school houses, the selection and change of sites, and in relation to the sale of school district property, and the disposal and apportionment of the moneys arising therefrom, are hereby imposed upon the school commissioner, in respect to the several towns within his jurisdiction; and he shall pay over the said moneys to the supervisors, to be by them paid to the districts or parts of districts which may be entitled to receive the same. [Same ch. § 25.] S73. Any commissioner may at any time resign his office to the clerk of the county in which he was elected, and in case of vacancy from such cause or by death, removal from office or from the county, or refusal to accept, the county clerk shall give immediate notice to the county judge of said county, who shall appoint a successor to fill such vacancy till the next following general election, when a successor shall be chosen by the electors as hereinbefore provided. [Same ch., § 9.] * tendent of struction to ports. *S74. The commissioners shall be subject to such rules and ART. 5. regulations as the superintendent of public instruction shall from Superintime to time prescribe, and appeals from their acts and decisions public inmay be made to him in the same manner and with like effect as in prescribe cases now provided by law. They shall make reports annually to rules, etc. the superintendent of public instruction, at such times as shall be Annual reappointed by him, containing such information as he shall require: and for that purpose the annual reports of the trustees of school districts shall be made to them, and be deposited with the town clerks of the town in which the school-house of each district is situated, from whom the said commissioners shall obtain the same. Henceforth the trustees of joint districts, composed of territory joint dislying in two or more towns in the same county, shall be required tricts to to make but one annual report, in such form as the state superintendent of public instruction shall prescribe. The reports of the port. trustees, after the commissioner shall have made his abstract there- Reports, from, shall be properly arranged, filed, and, together with a copy filed. of his own annual report, shall be deposited in the office of the county clerk for safe-keeping. The county clerks shall not be County required to make returns or abstracts of such reports. [1856, ch. to make re179, § 10.] Trustees of make but one. annual re where clerks not turns. vits. 375. Every commissioner shall have power to take affidavits, Commis and administer oaths in all matters pertaining to common schools, take affidabut without charge or fee, and under the direction of the superintendent of public instruction may hear and report to him the testimony in all cases of appeals. [Same ch., § 11.] supervisors crease their 376. The several boards of supervisors, whenever, in their Boards of opinion, the interests of education in their respective counties will may inbe promoted thereby, may increase the salary of any commissioner salaries. to such sum as they may deem reasonable and just; but the supervisors of any wards in any city not included in a school commissioner's district, shall not vote upon such questions; the increase over and above the five hundred dollars payable to him from the United States deposit fund, to be a charge upon the county or district over which such commissioner may have jurisdiction; and the same shall be assessed annually upon the towns composing be charge such county or district, ratably, according to the corrected valua- on the countions of the real and personal estate of such towns. [Same ch., 13.] Increase to ty. how audit *377. The boards of supervisors are hereby authorized and Expenses required to audit and allow to such commissioners such sums as ed. they may have incurred for necessary expenses by them in the performance of their official duties, to an amount not exceeding one hundred dollars. [Same ch., § 14.] erned by not includ. district *378. The several cities in this state which under special acts Cities govalready elect superintendents of common schools, or whose boards special acts of education choose clerks doing the duty of supervision under ed in comthe direction of the board of education, shall not be included in missioners any commisssoner's district created by this act or authorized to be created by formed by the board of supervisors; and the several boards of supervisors in counties in which such cities are joined to towns in the formation of an assembly district, may divide the county, ex this act. |