precincts during the previous school year, ending on the last of October, and the manner in which the same shall have been expended, specifying what portion and amount thereof has been expended for the services of legally qualified teachers. The amounts which during that time shall have been raised in the several common school districts, by subscription or otherwise, and allowed to such qualified teachers, as salary or compensation, the names of the teachers employed, the time of service, and the salaries paid to each; the number of pupils taught, and the average attendance and progress of the pupils in each school, organized and taught under the provisions of this act, and such other statistics as shall be required by the superintendent of public instruction. (1)

12th. And, at the close of their official term, to deliver over Transfer of books, etc. their book of records, and all papers, books, blanks, and documents in their hands, as such commissioners, to their successors in office, and take their receipt for the same, which receipt shall be filed with the county superintendent.

superintendents Duties and

SEC. 3. The county superintendent of common schools in and County for each county, shall have power, in accordance with the prin- powers. ciples and provisions of this act, and the instructions of the state board of education, and of the superintendent of public instruction:

General

1. To exercise a general supervision over the interests of common schools in his county, and to give to the commissioners of common supervision. schools, the common school marshals, and common school teachers, such aid and counsel as may be important to the prosperity of the schools.

reports, etc

2. To distribute promptly to the commissioners of common schools, Distribute such blank reports, forms, laws and instructions as shall be deposited in his office by the superintendent of public instruction-for the use of the commissioners, teachers and marshals, and any other officers within the several counties entitled to the same.

3. To draw his warrants on the county treasurer in favor of, and deliver the same to, the person holding accounts audited and certified by the boards of commissioners of common schools, under the provisions of this act: Provided, that no such warrant shall be drawn until full and correct returns shall have been made to him by said board of commissioners.

To draw

warrants

4. To appoint, upon the passage of this act, three qualified To appoint electors of each town, city and village, within his county, (unless

(1) Amendment inserted from Stat. 1853, p. 231.

commissioners.

Their powers and duties.

Record of offices and documents.

Annual reports

Apportionment of school fund.

Duties of county treasurer.

fund.

otherwise provided by law), to be commissioners of common schools therein, until the next general election, who shall exercise all the powers, and perform all the duties, hereinbefore conferred and imposed upon commissioners of common schools, until superseded by an election, and from time to time to fill, by such appointment, any vacancy which shall occur in any board of commissioners of common schools, until a new election.

5. To keep on file in his office the reports of the common school marshals and of the commissioners of common schools, received by him, and to record the material parts thereof, together with all his official acts as such county superintendent of common schools, in a book to be provided for that purpose, and at the close of his official term, to deliver over to his successor, such records and all documents, books and papers belonging to his department, and take his receipt for the same, which shall be filed in the office of county treasurer.

6. To make full report in writing, annually, in the month of November, for the school year, ending on the last day of October next previous thereto, to the superintendent of public instruction, and deliver a copy thereof to the county treasurer of his county, in such form and manner as shall be prescribed by the said superintendent of public instruction.

SEC. 4. The common school moneys in the county treasuries, shall be apportioned among the several towns, cities and villages, in proportion to the number of children residing therein, between the ages of five and eighteen years, as shown by the last previous reports of the common school marshals, and other officers charged therewith; and no school district shall be entitled to any portion of the common school moneys, in which there shall not have been taught by a legally qualified teacher, a common school for three months, within the year ending on the last day of October, and one half of the compensation of said teacher paid by the inhabitants of said district.

SEC. 5. It shall be the duty of the county treasurer of each and every county:

To receive school 1. To receive and hold, as a special deposit, all common school moneys, whether received by him from the state treasury or raised by the county, for the benefit of common schools, and to keep a separate account thereof, and of their disbursements.

Notice to be given.

2. On receiving any common school moneys for distribution, to notify the county superintendent of common schools, of the amount thereof, and the shares to which the several towns, cities, villages, and school districts are entitled, under the provisions of this act.

3. To pay over, on the warrant of the county superintendent, duly

school fund.

school fund.

endorsed by one or more of the commissioners aforesaid, and by the To disburse teacher or other persons to whom due, the several amounts of common school moneys to which each district shall be lawfully entitled. 4. And on or before the fifteenth day of November, annually, to Annual report o make full report of the common school moneys received into the county treasury, within the school year ending on the last day of October next previous thereto, with a particular statement of the disbursement of the said school moneys, and of any amount of such school moneys which may remain in his hands for distribution, at the close of such school year, to the state superintendent of public instruction.

SEC. 6. It shall be the duty of the state treasurer to receive, and School fund. hold, as a special deposit, all common school moneys paid into the treasury, and to pay them over only by order of the state board of education upon the warrant of the superintendent of public instruction, under the common seal of the said board of education, to the county treasurers; and such warrants, duly endorsed by the county treasurers, shall be the only valid vouchers in the hands of the state treasurer for the disbursement of the said common school moneys.

to be used.

SEC. 7. The school moneys distributed to the various counties For what purpose of this state from the state school fund, shall not be issued for any other purpose than the payment of the salaries of qualified teachers under this act; and no portion of said fund shall cither directly or indirectly, be paid for the erection of school houses, the use of school rooms, furniture, or any other contingent expenses of common schools.

SEC. 8. Not less than fifty per cent. of the school fund raised by For schools. county tax and paid into the county treasury, shall be paid for any other purpose than the payment of qualified teachers; and the residue of the moneys distributed to the several districts. From the

county school fund may be appropriated, for the purchase of a dis- For library, etc. trict school library, to build a district school house, or such other contingent expenses of the school, as the school commissioners of each district shall determine.

ARTICLE IV.

SUPERINTENDENT OF PUBLIC INSTRUCTION.

SECTION 1. It shall be the duty of the superintendent of public His duty. instruction, and he is hereby empowered, by and with the advice, and subject to the supervision of the state board of education:

1st. To prepare and cause to be published in connection with this Publication and

distribution of this act.

To promote education, etc.

Its progress.

General supervision.

Apportionment

of school fund.

Annual report to legislature.

act, suitable instructions and forms for the direction of the superintendents, commissioners, marshals, and teachers of common schools; and to cause to be deposited in the office of each county superintendent a sufficient number of copies (in his discretion), of this act, and of the said instructions and forms for the supply of the common school officers therein.

2d. By lectures and by letters, publications and personal interviews with the friends of popular education in this state, to endeavor, to the extent of his ability, to disseminate intelligence among the people in relation to the methods and value of education, and especially in relation to common schools, and to endeavor to secure the sympathies and co-operation of the people in all educational measures which may be adopted by the legislature.

3d. To open a correspondence with officers and boards of education in other states, and by means of the exchange of letters and reports with them, to make himself acquainted with the progress of educational movements and the details of public school systems in other states, to the end that the best possible system of education may be adopted for this state.

4th. To exercise a general supervision over such normal schools, teachers' institutes, and high schools, as may by law be established.

5th. Immediately after the state treasurer shall have made his annual report, as hereinbefore required, to apportion to the several counties, towns, cities, villages and school districts, the amount of school moneys in the state treasury to which each shall be entitled under the provisions of this act, and thereupon to make a record thereof in the book of records to be kept by the state board of education, and furnish to each county treasurer and to each county superintendent an abstract of such apportionment, specifying the amounts of common school moneys to which the several towns, cities, villages and school districts are entitled; and with such apportionment, to furnish to each county treasurer his warrant on the state treasurer, under the seal of the state board of education, for the amount of school moneys in the state treasury to which such county shall be legally entitled, under the apportionment above specified, and take such county treasurer's receipt for the same.

6th. To present to the legislature at the commencement of the next session, and thereafter annually at the commencement of each session, a full report of the condition of public instruction in the state, the number and grade of schools in each county, the number of children in each county, between the ages of five and eighteen years; the number of such attending common schools, under the instruction

of teachers qualified and employed under the provisions of this act; the amount of common school moneys apportioned to each county; the amount thereof expended in teachers' salaries; the erection and repairs of common school houses; in the purchase of common school libraries and apparatus; the amount of moneys raised and expended Its contents. in and by any county, town, city, village, or school district for the support of common schools therein under the instruction of teachers holding valid certificates from the boards of commissioners of common schools, and duly employed and reported by such commissioners as hereinbefore provided, together with such suggestions as he may deem it expedient to make, in relation to the construction of school houses, the improvement and better management of common schools, the qualifications of common school teachers, the character and kinds of school books most suitable for use in common schools, the ways and means for raising funds for the support of common schools and providing suitable houses therefor, and for the promotion of the general interests of education throughout the state.

7th. And to superintend the printing and distribution of his annual Printing, etc. reports in such manner as the legislature shall from time to time direct.

instruction.

8th. He shall examine and recommend a uniform series of school Duties of superintendent books to be used in the different schools in the state, and the school of public commissioners and teachers are hereby required, so far as is practicable, to see that the books directed by him are introduced and used in the schools; and all reasonable expenditures of money incurred His expenses to by him in the discharge of his official duties, shall be paid out of any the general fund. funds in the treasury not otherwise appropriated. (1)

ARTICLE V.

CITIES.

be paid out of

mon councils.

SECTION 1. The common council of each and every incorporated Powers of comcity in this state shall be, and hereby are authorized and empowered:

powers of com.

1. To raise annually, by tax upon the real estate and personal Duties and property within the city, as estimated by the city assessors, whatever mon councils. amount of money shall be requisite for the support of a competent number of free schools therein, and providing and furnishing suitable houses therefor. (2)

2. To provide, by ordinance, for the collection, custody and dis- Safe keeping.

(1) (2) Amendments inserted from stat. 1853, pp. 231-2.