TITLE 2. SEC. 40. Comptroller may withhold school moneys until county taxes are raised; temporary loan School money to the treasu ry. for deficiency. 41. School moneys to be applied for as soon as payable. 42. County treasurer to give notice to commissioners of common schools. 43. Public school moneys to be paid to supervisor. 44. Supervisor to give bond; contents of bond. 45. Duty of treasurer if moneys are not applied for. 46. Schools to be free to residents; non-residents may be admitted. 47. Rate bills for balance required to support schools, 48. Property exempt from execution exempt on rate bill. 49. Proviso as to special acts relating to cities and villages. 50. Repeal of certain acts. 51. Webster's Dictionary, how kept. 52. Salaries of school commissioners, how paid. *S34. Dues to the state, which have heretofore been paid to the be paid into secretary of state, in the capacity of superintendent of common schools, shall hereafter be paid into the state treasury; and all balances now standing to the credit of the superintendent of common schools or the superintendent of public instruction shall be immediately transferred to the credit of the treasurer of the state. [1854, ch. 228, § 1.] Moneys, how transferred. Moneys, how paid out. Checks and receipts to signed. S35. The treasurer shall transfer from one depository to another, by a draft to be countersigned and entered by the superintendent of public instruction, any school moneys standing to his credit; and no such moneys shall be transferred from one depository to another except by such draft. [Same ch., § 2.] *S36. All moneys now authorized by law to be paid or advanced by the superintendent of common schools or the superintendent of public instruction, and all moneys which shall hereafter be authorized to be paid or advanced out of the school moneys, shall be paid by the treasurer upon the warrant of the superintendent of public instruction; but no warrant shall be drawn unless authorized by law, and shall refer to the law under which it is drawn. [Sume ch., § 3.] S37. The said superintendent shall countersign and enter all be counter checks drawn by the treasurer in payment of his warrants, and all receipts for school moneys paid to the treasurer, and no such receipt shall be evidence of payment unless so countersigned. [Same ch., § 4.] Act of $ 38. The act entitled "An act in relation to school moneys," 1854, limit- passed April fifteenth, eighteen hundred and fifty-four, shall be limited in its application to school moneys raised by taxation. [1855, ch. 18, § 3.] ed in appli cation. When paid. $ 39. [Sec. 12.] The sum annually to be distributed for the encouragement of common schools, shall be paid on the first day of February, in every year, on the warrant of the comptroller, to the treasurers of the several counties, and the chamberlain of the city of New York.1 Comptroller may withhold school *S 40. The comptroller is hereby authorized to withhold the payment of any moneys, to which any county may be entitled moneys un- from the appropriation of the incomes of the school fund and the til county United States deposit fund for the support of schools, until satisraised. factory evidence shall be furnished to him, that all moneys taxes are required by law to be raised by taxation upon such county for the support of schools throughout the state, have been collected and paid or accounted for to the state treasurer; and whenever in con 1 Laws of 1819, p. 187, § 3; 1824, p. 337, § 1. loan for de sequence of the failure of any county to pay such moneys there ART. 8. shall be a deficiency of moneys in the treasury, applicable to the Temporary payment of school moneys, to which any other county may be ficiency. entitled, the treasurer and superintendent of public instruction are hereby authorized to make a temporary loan of to the amount so deficient; and such loan and the interest thereon, until payment shall be made to the treasury, shall be a charge upon the county or counties in default, in proportion to the amonnt and duration of its or their defalcation respectively, and shall be added to the amount of state tax, and levied upon such county or counties by the board of supervisors thereof, at the next ensuing assessment, and shall be paid into the treasury in the same manner as other taxes. [1855, ch. 18, § 2.] to apply. $41. [Sec. 13] The treasurer of each county, and the cham- Treasurer berlain of the city of New York, shall apply for and receive the school moneys apportioned to their respective counties as soon as the same become payable.' $42. [Sec. 14. Each treasurer receiving such moneys, shall give notice, in writing, to the [supervisor,] of each town or city in his county, of the amount apportioned to such town or city, and shall hold the same, subject to the order of such [supervisor.]2 [As modified.] [469] ce To give notice. school be paid to supervisor. give bonds. S43. The public school moneys heretofore paid to town super- Public intendents, or on their orders, shall be paid only to the supervisors moneys to of the towns. [1856, ch. 179, § 19.] * 44. Before the county treasurer of any county shall pay Supervisor over to the supervisor of any town in said county the public school to moneys apportioned for the support of schools therein, he shall require the said supervisor to deposit with him a bond to the treasurer, in behalf of the town, executed by said supervisor, with two or more sufficient sureties, to be approved by said treasurer, in the penalty of double the amount of said school moneys conditioned for the faithful disbursement, safe-keeping and accounting for such moneys, and of all other school moneys that may come into his hands from any other source; and whenever the said bond shall be forfeited, it shall be the duty of the county treasurer to prosecute for the penalty of the same, in his own name, in behalf of the town, and the money recovered shall be paid over to the supervisor of the town succeeding the supervisor in default. [Same ch., 20.1 maining, posed of. § 45. [Sec. 15.] In case the [supervisor] of any such city or Moneys retown shall not apply for and receive such moneys, or in case there how disare no [supervisors] appointed in the same before the next receipt of moneys apportioned to the county, the moneys so remaining with the treasurer, shall be retained by him, and be added to the moneys next received by him for distribution, from the superintendent of [public instruction] and be distributed therewith, and in the same proportion.2 be free. *S 46. Common schools in the several school districts in this Schools to state shall be free to all persons residing in the district over five 1 Laws of 1819, p. 188, §4. 2 Id. ib. TITLE 2 and under twenty-one years of age, as hereinafter provided. Rate bill for balance. Exemption. Proviso. Per sons not resident of a district may be admitted into the schools kept therein with the approbation in writing, of the trustees thereof, or a majority of them. [1851, ch. 151, § 1.] *S 47. Any balance required to be raised in any school district for the payment of teachers' wages, beyond the amount apportioned to such district by the previous provisions of this act, and other public moneys belonging to the district applicable to the payment of teachers' wages, shall be raised by rate bill, to be made out by the trustees against those sending to school, in proportion to the number of days and of children sent, to be ascertained by the teachers' list; and in making out such rate bill it shall be the duty of the trustees to exempt, either wholly or in part, as they may deem expedient, such indigent inhabitants as may in their judgment be entitled to such exemption, and the amount of such exemption shall be added to the first tax list thereafter to be made. out by the trustees for district purposes, or shall be separately levied by them, as they shall deem most expedient. [Same ch., $6.] S 48. The same property which is exempt by section twentytwo, of article two, title five, chapter six, part three of the Revised Statutes from levy and sale under execution, shall be exempt from levy and sale under any warrant to collect any rate bill for wages of teachers of commom schools. [Same ch., § 7.] * S49. Nothing in this act shall be so construed as to repeal or alter the provisions of any special act relating to schools in any of the incorporated cities or villages of this state, except so far as they are inconsistent with the provisions contained in the first, second, third and fourth sections of this act. [Same ch., * 8.] Repeal. $50. Chapter one hundred and forty of the Session Laws of 1849, entitled "An act establishing free schools throughout the state," and chapter four hundred and four of the Session Laws of 1849, entitled "An act to amend an act entitled 'An act establishing free schools throughout the state,'" and sections sixteen, seventeen and eighteen of the Revised Statutes relating to common schools, requiring the several boards of supervisors to raise by tax, on each of the towns of their respective counties, a sum equal to the school moneys apportioned to such towns, and providing for its collection and payment, and all other provisions of law incompatible with the provisions of this act are hereby repealed. [Sume ch., § 9.] Webster's dictionary, how kept and used. Salaries of * $51. Such dictionary [Webster's] shall be kept in the libraries of the librarians of the several school districts of this state, during the time there shall be no school taught in said district, and subject to the same rules that are applicable to other books in school district libraries, and during the time a school shall be taught therein, the said dictionary shall be under the control of the teacher for the time being, and be kept and used in said school. [1851, ch. 449, 7.] *S52. The amount of money necessary to pay the salaries of school com- the school commissioners, and which shall be annually apportioned ART. 4. how paid. by the state superintendent of public instruction from the United States deposit fund for that purpose, as hereinbefore provided, shall missioners, be drawn from the income of that fund upon the warrant of the comptroller, and retained in the treasury to be paid out by the treasurer to the several school commissioners, upon the order of the said state superintendent. [1856, ch. 179,§ 32.] [ARTICLE FOURTH.1 Of the Custody and Disbursement of School Moneys by the Supervisors of the Towns.] Sec. 53. The office of town superintendent abolished; school moneys unexpended to be paid over to supervisor of town; former town superintendent neglecting to furnish full statement of moneys, &c., deemed guilty of a misdemeanor. 54. Supervisor embezzling moneys deemed guilty of a misdemeanor. 55. Tax to be levied for deficiency. 56. Manner of disbursement of moneys by supervisor; supervisors to keep account of moneys received and disbursed. 57. Supervisor to render an account to his successor; book for receipts and disbursements to be kept. 58. Balance on hand to be paid to successor. 59. Supervisor to execute bond before entitled to receive school moneys from predecessor; contents of bond. 60. All penalties, forfeitures, &c., to be sued for by supervisor. 61 Powers in relation to gospel and school lots conferred upon supervisors of towns. 62 Certain powers under “An act relative to moneys in the hands of overseers of the poor," imposed upon supervisors of towns. 63. Powers and duties of town superintendents under act of 1847, imposed on supervisors. town super be paid over to su $ 53. Whenever the board of supervisors of any county in this office of state shall have appointed a commissioner or commissioners in intendent, pursuance of this act, and such officers shall have taken the con- abolished. stitutional oath of office, henceforth and after that time the office of town superintendent of common schools for the several towns in such county shall be abolished, and each town superintendent shall forthwith pay over to the supervisor of his town all school moneys unexpended, with a full statement of all moneys received Moneys to and paid out by him since the last annual report was made by him or his predecessor, and of the moneys remaining in his or his pervisors. predecessor's hands at the time of making such report. He shall also specify in such statement the last apportionment made to the school districts, separate neighborhoods and parts of joint districts in his town, and shall also state specifically the part of such apportionment paid to each and the balance due to each. If it shall Delinquenappear that any former town superintendent has neglected or cies. refused to render to his successor in office such full statement of all moneys received and paid out by him during his official term or terms, it shall be the duty of the commissioners created under this act, or any one of them, to require such delinquent town superintendent, by notice in writing, to make such return to the supervisor of his town within twenty days from the date of such service; How treatand if after having been duly served with such notice, he still neglects or refuses to make such return as aforesaid, or show good cause why he has not done so, he shall be guilty of a misdemeanor, and it shall be the duty of the supervisor of the town, or of any commissioner created by this act, to sue for and recover all moneys in the hands of any defaulting town superintendent. [1856, ch. 179, § 17.] This article comprises parts of ch. 179 of Laws of 1856; and parts of ch. 51, of Laws of 1857. 7 ed. TITLE 2. *S 54. Every supervisor who shall embezzle any of such moneys, Embezzle or any moneys that shall come into his hands by virtue of this act, shall be deemed guilty of a misdemeanor. [1856, ch. 179, § 18.] ment. *S 55. It shall be lawful for the board of supervisors at their deficiency. annual meeting, to levy a tax upon any town in their county to supply any deficiency in the moneys apportioned belonging to districts having their school-houses or school-house sites in such town, caused by the defalcation or embezzlement of school moneys by the supervisor thereof. [1857, ch. 51, § 4.] Manner of disbursement. Supervisor to render an his succes Bor. * $56. The said supervisors, in the disbursement of and accounting for school moneys which shall come into their hands, shall be governed by the same laws and rules as are now applicable to town supintendents. Each of the said supervisors shall keep a just and true account of all the school moneys received and disbursed by him during each year, and shall lay the same, with proper vouchers, before the board of town auditors at each annual meeting of such board. [1856, ch. 179, § 21.] *S57. The said supervisor shall within fifteen days after the account to termination of his office, render to his successor in office a just and true account in writing of all school moneys by him received before the time of rendering such account, and of the manner in which the same or any part thereof shall have been expended by him; and the account so rendered shall be delivered by such successor in office to the town clerk, to be filed and recorded in his office; and the town clerk shall forthwith send a copy of such account to the school commissioner. Each supervisor shall keep a bound blank book, in which all his receipts and disbursements of ments to be school moneys shall be entered by him, specifying from whom and the purpose for which they were received, and to whom and the purpose for which they were paid out. The cost of such book shall be a charge upon his town, and said book shall be delivered to his successor in office. [Same ch., § 22.] Book for receipts and disburse. kept. Balance on hand, paid to successor. Supervisor execute receive from school predeces. Bor. * $58. On rendering such account, if any balance shall be found remaining in the hands of such supervisor, the same shall be immediately paid by him to his successor in office, who shall hold it subject to the order of the trustees of any school districts, parts of district, or to the trustee of any separate neighborhood, to which the same may have been apportioned, and which shall be entitled to receive it. [Same ch., § 23.] *S 59. Every supervisor, before he shall be entitled to demand bond before or receive from his predecessor in office any school moneys remainentitled to ing in the hands of such predecessor, shall execute and deliver to moneys the county treasurer a bond, with two or more sufficient sureties, to be approved by said treasurer, in the penalty of double the amount of such school moneys, conditioned for the faithful disbursement, safe-keeping and accounting for said moneys; and no supervisor shall be credited or allowed any payment of school moneys made to his successor in office before such successor shall have delivered to him, to be filed in the town clerk's office, a certificate of the county treasurer that the bond herein required has been duly executed, approved by said treasurer and filed in his office. [1857, ch. 51, § 3.] |