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purchase a site or sites, and erect a new school house or houses, to sell or exchange and convey the school houses, lots or sites, or either or any of them, now belonging to or that may hereafter be vested in the said board, whenever said board, or a majority of them shall deem such purchase, sale or exchange advisable. All moneys arising from such sale or sales, or from such exchange, shall be appropriated by said board, to the purchase of another site or sites, or the building, furnishing or improvement of sites or school houses now existing.1

5. The said school district number six, as established by this act, shall be entitled to receive its full share of school moneys derived from the distribution made by the superintendent of public instruction, and the said board of education shall appoint a treasurer for said district number six, whose duty it shall be to demand, receive and disburse, when legally called upon, all the funds to which said district shall be entitled. The board of education of said school district number two, shall pay over to said board of education of school district number six, all moneys now raised or received, or hereafter to be raised or received, which have been directed by the last regular meeting of the taxable inhabitants of said district, to be expended within the boundaries of district number six, as hereby constituted, for the building of a school house or houses, upon an order signed by the president and countersigned by the clerk of the board of education of said district number six. Said board of education, of said district number two, shall, in like manner, pay over to said board of edu cation, of district number six, one-third of all such moneys as shall have been collected in said district number two, for defraying the general expenses of the union free school or schools, during the unexpired portion of the current year, after the passage of this act, which last mentioned moneys shall be appropriated and expended for the maintenance of a school or schools in said district number six, during the residue of the present school year.

§ 6. All the provisions of law, now applicable to the said school district number two, as hereby proposed and the officers thereof, shall remain as at present existing, except when the same are repealed, changed or modified by this act.

7. This act shall take effect immediately.

School to be free.

AN ACT to establish free schools in the village of Ithaca. Passed March 19, 1861-Chap. 60, p. 87-three-fifths being present. SECTION 1. School district number sixteen in the town of Ithaca, in the county of Tompkins, shall form a permanent school district and shall not be subject to alteration by the school commissioner of said county.

§2. The schools in said district shall be free to all the children

1 This fourth section is amended on page 237, ante.

Sec 2 R. S., P.

residing therein between the ages of four and twenty-one years, and no rate bill shall hereafter be imposed.

duties of.

3. Trustees for said school district shall continue to be elected Trustees, how elected, for the same time, and in the same manner as is now provided by &c. the general school laws of this State. The trustees shall have the control and management of all the district schools within the said district, and all the property belonging to the same. They shall Collector, appoint a collector, who shall have all the powers, and perform all the duties of a school district collector; and who shall have all the powers and perform all the duties of a school district collector as now provided by the general school laws of this State, and who shall give bonds with sureties satisfactory to the trustees, for the faithful performance of his duties before he shall be permitted to enter upon the discharge thereof, that he will pay over to said trustees upon demand, or upon their written order, all moneys which he shall have collected and belonging to said district.

trustees.

§4. The trustees shall submit at the annual meetings of said Report of district, which shall be held as now provided by law, on the second Tuesday of October of each and every year, a full report in writing of their official doings, and shall state therein the number and condition of the schools in said district under their charge; the amount of all moneys received and expended, the source from whence received, and the purposes for which expended. They shall also prepare and present at such annual meeting a statement of the amount of money which they shall deem necessary to pay any debts of said district, and for the support of schools therein, for the ensuing year, exclusive of the money which they may be entitled to receive from the supervisor of the town and including the sum of money required for the purchase of necessary furniture, apparatus, books, and for library and contingent expenses. They shall present such statement at such annual meeting when vote a: the inhabitants of said district entitled to vote at school district meetings then present shall vote thereon, and the same having been approved by a majority of such voters, shall be levied and collected by tax on the taxable property as now provided by law. § 5. The trustees of said district shall have control and charge District of the district library in said district; they shall appoint a librarian, make such additions to the library, and such regulations in relation thereto as they shall deem necessary, but such regulations shall in no wise impair or conflict with the general regulations which are, or may be prescribed by the superintendent of public instruction.

brary.

trustees in

suspension

§ 6. The trustees shall have power to suspend from school, for Power of such length of time as they may think proper, those pupils whose regard to bodily condition, irregularity in attendance, habitual truancy, or from school insubordination shall in their judgment prove injurious to the best interests of the schools.

school meet.

7. A special school meeting of said district may be called and Special held by the trustees, inserting a notice of the time, place, and ing.

Law's re pealed.

object of said meeting once a week for two successive weeks in two of the village newspapers published within said district.

§ 8. All laws and parts of laws inconsistent with this act are hereby repealed, so far as the same relate to district number sixteen in the town of Ithaca. And all school laws in force on the first day of January, eighteen hundred and sixty-one, shall, by virtue of this act, remain in force so far as the same relate to said district, and are not repealed by the provisions of this act.

§ 9. This act shall take effect immediately.

AN ACT in relation to the union free schools in the village of Hamil ton, in the county of Madison.' Passed April 15, 1861-Chap. 264, p. 591-three-fifths being present.

SECTION 1. Nothing contained in the act entitled "An act to change the school year, and to amend the statute in relation to public instruction," passed April twelfth, eighteen hundred and fifty-eight, shall be so construed as to affect or interfere with the union free school in the town of Hamilton, established in pursuance of the act entitled "An act to provide for the establishment of union free schools," passed June eighteenth, eighteen hundred and fifty-three, or to affect or interfere with any of the officers of said school, or of the districts composing the same; but the said school, the boards of instruction, and the other officers of said districts, shall in all respects remain and continue subject to the provisions of said act of June eighteenth, eighteen hundred and fifty-three, and of any special acts heretofore passed in relation to said school, except that sections one and two of said act of April twelfth, eighteen hundred and fifty-eight, shall apply to said union free school and to the districts composing the same.

§ 2. The present board of education of consolidated school districts numbers one, fourteen and seventeen, in the town of Hamilton, now acting as such, and consisting of nine in number, having been elected wholly in pursuance of the said act of June eighteenth, eighteen hundred and fifty-three, is hereby declared to be the board of education of said consolidated districts, and the acts of said board, heretofore done and performed, are hereby legalized and confirmed, that is to say, such acts shall not be impeached or held invalid on account of said board having been elected and constituted under and in accordance with the provisions of said act of June eighteenth, eighteen hundred and fifty-three.

3. A majority of the members of said board of education shall constitute a quorum, and shall have power to transact all business and do all acts that said board is legally authorized to perform. § 4. This act shall take effect immediately.

1 See 2 R. S., p. 260.

AN ACT in relation to Waterloo union school, and school districts numbers one and fifteen, in the town of Waterloo, county of Seneca.1 Passed February 16, 1859-Chap. 15, p. 38-three-fifths being present.

SECTION 1. The provisions of the act entitled "An act to change the school year, and to amend the statutes in relation to public instruction," passed April twelfth, eighteen hundred and fiftyeight, shall apply to the union school and districts numbers one and fifteen, in the town of Waterloo, county of Seneca, so far as the same relates to the time and place of holding the annual meetings of the taxable inhabitants and legal voters of said districts and school; and so far as relates to the time of making the annual reports of the trustees thereof, and no further.

§ 2. All the acts of the trustees of said school and districts, and the votes, acts and doings of the taxable inhabitants and voters in said school and districts, had and done since the passage of said act of April twelfth, eighteen hundred and fifty-eight, at their district meetings, are hereby declared to be valid.

§3. Nothing in this act contained shall affect any action or proceedings in which said trustees or the collectors of said districts or school, or either of them, are a party, commenced prior to the passage of this act.

§4. This act shall take effect immediately.

ա

AN ACT in relation to schools in the village of Binghamton. Passed April 19, 1861-Chap. 322, p. 752-three-fifths being present. SECTION 1. The several wards in the village of Binghamton Union schoo shall, for the purposes hereinafter mentioned, form one school district to be called the Union school district of the said village of Binghamton.

district.

sioner dis

2. The said union school district shall be divided into five Commissubdivisions to be called commissioner districts, each commissioner tricts. district to remain and continue separate and distinct for the purposes, and to the extent in this act specified. The said commissioner districts shall be numbered as follows: The first ward of said village shall be known as commissioner district number one; the second and third wards of said village shall also be known as commissioner district number two; the fourth ward of said village shall also be known as commissioner district number three; the fifth ward of said village shall be known as commissioner district number four; and the sixth ward of said village shall be known as commissioner district number five; said districts shall not be subject to alteration except by the legislature, or by a resolution of the board of education, hereinafter created.

com.nis

§ 3. Daniel S. Dickinson, residing in commissioner district num- Whe ber one; Horace S. Griswold, residing in commissioner district sioners.

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number two; Hallam E. Pratt, residing in commissioner district number three; Joel S. Fuller, residing in commissioner district number four, and William S. Beard, residing in commissioner district number five, are hereby appointed commissioners in behalf of such districts respectively. The trustees of the village of Binghamton shall, within fifteen days after the passage of this act, appoint four persons to act as school commissioners in behalf of said union school district, who shall be residents thereof; and the said persons above named, and the persons appointed by the trustees of the said village as commissioners, and their successors to be chosen as hereinafter provided, are hereby constituted a cor porate body in relation to all the powers and duties conferred or imposed by law, to be styled "The Board of Education of the Village of Binghamton," and are hereby invested with all the powers and charged with all the duties conferred upon them by this act. A majority of the commissioners shall constitute a quorum. Election of § 4. On the second Tuesday in October, eighteen hundred and sioners, &c. sixty-one, there shall be elected, in the same manner that trustees of school districts are now elected, by each commissioner district heretofore named, one commissioner (who shall be a resident of such district) to fill the places of those named in the preceding section, in behalf of such districts respectively. On the Monday preceding the second Tuesday in October, eighteen hundred and sixty-one, the trustees of the village of Binghamton shall, in like manner, appoint four persons to be school commissioners, to fill the places of those appointed by said board of trustees in behalf of said union district. Annually thereafter, on the day above specified for such election by districts, and appointed by the board of trustees, there shall in like manner be elected five commissioners for the commissioner districts, and two commissioners appointed by the board of trustees of the village for the union district, to fill the places of those whose terms shall next thereafter expire, as hereinafter provided.

commis

Terms of office.

Oath of office

5. The commissioners elected, as hereinbefore provided, shall hold their respective offices for the term of one year from the second Tuesday in October, eighteen hundred and sixty-one, and until their successors shall be chosen, and enter upon the discharge of the duties of their offices respectively. The commissioners appointed on the Monday preceding the second Tuesday in October, eighteen hundred and sixty-one, by virtue of this act, shall be divided into classes of two each, and they, or a majority of them, shall within ten days after their appointment, meet in the office of the clerk of the village, and shall determine by lot which of the two persons so appointed shall serve for the term of one year, and which for the term of two years. The persons so appointed as commissioners shall hold their respective offices for the term of two years (except the first class, which shall hold only for one year), and until their successors shall be appointed, and enter upon the discharge of the duties of their offices respectively. Within ten days after receiving notice of their election or appointment, the commissioners thus chosen shall take the oath of office

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