George Crane Morehouse.

The supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe online

. (page 7 of 96)
Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 7 of 96)
Font size
QR-code for this ebook


§ 7. The said commissioners of common schools may purchase in the estate on
which the fund shall have been secured, upon the foreclosure of any mortgage,
and may hold and convey the same for the use of said fund.

§ 8. The said commissioners of comnion schools shall retain the interest of said
common-school fund, which shall be distributed and applied to the support of
common schools of such town, in like manner as the public money for the sup.
port of common schools shall be distributed by law.

§ 9. The said commissioners of common schools shall account annually, in such
manner and at such time as town oflScers are required by law to account, and shall
deliver to their successors in office all moneys, books, securities and' papers what-
soever relating to said fund, and shall take a receipt therefor and file the same
with the town clerk.

2 R. S. 1154, note 1.

§ 75. Disbursing of, and Accounts for School
Moneys, see §§ 38 and 39, ante.

§ 76. Alteration of School District.— The school
commissioner has power, with the consent of the trustees of all dis-
tricts affected thereby, to make an order altering the same, but if the
trustees of any such district refuse to consent to the alteration of a
district, the commissioner may make and file, with the town clerk,
his order making the alteration, bnt reciting the refusal, and direct-
ing that the order shall not take effect, as to the dissenting district
or districts, until a day therein to be named and not less than three
months after the notice in the next section mentioned.

§ 3, chap. 555, Laws of 1864, as amended by chap . 406, Laws of 1867 ; 2 R. S. 1157.

Within ten days after making and filing such order he shall give
at least a week's notice in writing to one or more of the assenting
and dissenting trustees of any district or districts to be affected by
the proposed alterations, that at a specified time and -at a named place
within the town, in which either of the districts to be affected lies,
he will bear the objections to the alteration. The trustees of any
district to be affected by such order may request the supervisor and
town clerk of the town or towns within which such district or dis-
tricts shall wholly or partly lie, to be associated with the commis-
sioner. At the time and place mentioned in the notice the commis-



The Supervisor. 55

sioner or commissioners, with the supervisors and town clerks, if
they shall attend and act, shall 'hear and decide the matter ; and the
decision shall be final unless duly appealed from. Such decision
must either confirni or vacate the order of the commissioner, and
must be filed with and recorded by the town clerk of the town or
towns in which the district or districts affected shall lie.

Id., as amended by chap. 647, Laws of 1865 ; People v. Hooper, 13 Hud, 639.

§ 71. Form of Order Altering* or Forming- a
.District.



In the Matter of the Formation of Dis-
trict No. , in the Town of ,
County of , and the consequent
Alteration of District No. , in said
Town, and District No. , in the
Town of



It is hereby ordered, by the undersigned school commissioner for commissioner
district No. 1 of the county of , that a new school district be formed, to

consist of part of district No. , in the town of , and part of district

No. , in the town of , which new district is hereby numbered twelve

and is bounded as follows: Beginning on the east bank of Allen's creek, at the
point where the same is intersected by the north line of the highway leading
from B. to P.; thence north- easterly along said creek to its junction with I.
creek; thence south-easterly along I. creek to the west line of the town of B.;
thence south along the boundary line between the towns of B. and P. to the north
line of P. ; thence west on said north line to the State road; thence north along
the State road to its intersection with the highway first above mentioned; thence
north-westerly along said highway to the place of beginning.* This order is
made with the consent of all of the trustees of each of said districts affected
thereby, which consent is hereto annexed and to be recorded herewithf and shall
take effect on ( ).

Dated June 1, 1886.

W. D. BIDDLECOM,

School Commissioner.

If a majority of the trustees, of any district affected thereby re-
fuse their consent, the order should recite that fact and that it will
not take effect until after three months' notice in writing to some

tThe order should recite that trustees conseut. The consent of a district meeting is not
a compliance with the statute.

Inre Appeal of Charles Anderson, p. 121 of Eept. of Supt. Pub. Inst, for 1889.

Under this, two weals districts may be consolidated.

Id.

See, also. In re Appeal Ling, id. 136 ; In re Chubbucis, Id. 145.

But changes from a weak to a strong district will not be upheld.
.In re Parks, id. 153.

Changes to better accommodate school patrons, which do not materially afiTect the size
or assessable valuation of a district, will be upheld.

JnreCady, id. 65.



56 SupEKVTSoRs' Manual.

one or more of such trustees, changing the order above from the
asterisk (*) as follows :

This order is made with the consent of all the trustees of said district No.

The trustees of district No. not having consented to this order, the

same will not take effect in respect to said last-mentioned district, until Septem-
ber ( ), after three months' notice, in writing, shall be given to one or more
of the assenting or dissenting trustees of said districts to be affected by said pro-
posed alteration.

Dated , 18 . (Signature as before.)

§ 78. Form of Consent by Trustees.

At a meeting of the trustees of district No. , in the town of , county.

0f ^ called for the purpose of considering certain proposed alterations

thereof, held on the day of , at which were present J. D. and K.

S., and in the absence of P. T., a trustee, who having been duly notified of such
meeting, failed to attend, it was

Resolved, That the consent of the trustees of district No. , in the town

of , be and loreby is given to the alteration of said district by an order

bearing date June 1, 1886, made by W. D. Biddlecom, school commissioner of
tlie first commissioner's district of Oneida county (or that said district be so
altered as to be hereafter bounded as follows: describing the new boundaries fuUy).

In witness, the undersigned, a majority of said Trustees, have hereunto sub-
scribed their hands this day of

J. D.,
R. S.,
Trustbbs.

The school commissioner cannot call upon the supervisor and town
clerk to act with him, for the jurisdiction of the latter depends upon
au application to them by the trustees of some district to be affected
thereby. In order to give them the opportunity to make such ap-
plication and that it may be done, or the option waived within a
reasonable time, the school commissioner should serve a written no-
tice upon one or more of the trustees as follows :

§ 19. Form.

To THE Trustees of District No. , in the Town of :

Take notice that I intend on the day of , at , to make an order for the
alteration of district No. , in the town of , so that its boundaries shall

thereafter be as follows (specify fully the proposed boundaries of the district as
altered as in the preceding order).

Ton are, therefore, requested to meet without delay, and to adopt a resolution
consenting to the above alteration, in which case you will please furnish me, at
said time and place, with a copy thereof, certified under the hands of a majority
of yon, or to adopt a resolution applying to the supervisor and town clerk of the
town (or towns if the district is a joint one) of , to be associated with me at

the time and place above mentioned in determining upon the propriety of such
proposed alteration. In the latter case, you will please transmit copies of such
resolution, certified under the hands of a majority of you, to the supervisor and
town clerk without delay together with notice of the time and place above stated
at which such alteration wUl be made by me, in case of their non-attendance.

C. D.,
School Commissioner.

The above forms, with a fevf changes, are taken from the Code of Public In-
struction, p. 186 et seg.



The Supervisob. 57

§ »0. Form of Decision thereupon.



In the Matter of the Formation of
District No. , in the Town of ,

County of , and the consequent

Alteration of District No. , in

said Town, and District No. , in

the Town of



We, the undersigned, commissioner of common schools for the district of

Rensselaer county, supervisor and town clerk of the town of Pittstown in said
county, having met at the house of , in said town, on the day of ,

for the purpose of hearing and deciding the matter of the order made by such
commissioner of common schools, on the day of , altering school dis-

trict No. 5, in said town, which order is as follows (insert order) :

And having heard all the objections presented to said order, do hereby decide
that said order be confirmed (or vacated).

Given under our hands the day of

(Signatures.)

Each of the orders above mentioned must be filed with and recorded by the
town clerk of the town, or towns, in which said district or districts to be afEected
shall lie.

The failure of the supervisor and town clerk to affix their signatures to the or-
der is not fatal; they may so affix them at any time.

In re Parks. See Report of Supt. Pub. Inst, for 1889, p. 153.

§ 81. On the Dissolution of a District.— When
a district is parted into portions, whicli are annexed to other districts,
its property shall be sold by the supervisor of the town within
which its school-house is situate, at public auction after at least five
days' notice, by notices posted in three or more pubKc places of the
town in which the school-house is, one of which shall be posted in
the district so dissolved. The supervisor, after deducting the ex-
penses of the sale, shall apply its proceeds to the payment of the
debts of the district, and apportion the residue, if any, among the
owners or possessors of taxable property in the district, in the ratio
of their several assessments on the last corrected assessment-roll or
rolls of the town or towns, and pay it over accordingly.

The supervisor of the town within whicli the school-house of the
dissolved district was situate, may demand, sue for, and collect, in
his name of office, any money of the district outstanding in the
hands of any of its former officers, or any other person ; and after
deducting his costs and expenses, shall report the balance to the
school commissioner, who shall apportion the same equitably among
the districts to which the parts of the dissolved district were an-
nexed, to be by them applied as their district meetings shall deter-
mine.



58 SuPEEVisoEs' Manual.

Though a district be dissolved, it shall continue to exist in law, for
the purpose of providing for and paying all its just debts ; and to that
end, the trustees and other officers shall continue in office, and the
inhabitants may hold special meetings, elect officers to supply va-
cancies, and vote taxes ; and all other acts necessary to raise money
and pay such debts shall be done by the inhabitants and officers of
the district.

2 R. S. 1158, §§ 9, 10 and 11, or chap. 555, Laws of 1864.

§ 83. Equalizing Taxes on Lands in Several
TOT^ns. — When a district embraces parts of more than one town,
it shall be the duty of the supervisors of such towns so in part em-
braced, upon receiving a written notice from the trustee or trustees
of such district, or from three or more persons liable to pay taxes
upon real estate therein, to meet at a time and place to be named in
such notice, which time shall not be less than five nor more than
ten days from the service thereof, and a place within the bounds of
the towns so in part embraced, and proceed to inquire and determine
whether the valuation of real property upon the several assessment-
rolls of said towns are substantially just as compared with each
other, so far as said districts are concerned, and if ascertained not so
to be, they shall determine the relative proportions of taxes that
ought to be assessed upon the real property of the parts of such dis-
trict lying in different towns, and the trustees of such district shall
thereupon assess the proportion of any tax thereafter to be raised,
according to the determination of such supervisors, until new assess-
ment-rolls of the towns shall be perfected and filed, using the
assessment-rolls of the several towns to distribute the said propor-
tion among the persons liable to be assessed for the same. In cases
where such supervisors shall be unable to agree, they shall summon
a supervisor from some adjoining town, who shall unite in such in-
quiring, and the finding of a majority shall be the determination of
such meeting.

Id. IITI, § 69, or chap. 555, Laws of 1864, as amended by chap. 567, Laws of 1875
tit. 7, art. 7, § 69. .• r i ,

The supervisors of Cazenovia and Sullivan were applied to under this statute
to inquire and determine whether the valuations of real property upon the several
assessment-rolls of those towns were substantially just as compared with each
other so far as district No. 3, lying partly in each town, was concerned The two
supervisors being unable to agree, a third was called in, and they determined that
the amount of $10,650.31 should be added to the assessment of the town of Caze-
novia for said district.

The superintendent set aside their proceedings and held that they were irreeu
lar. Their action was not such as is contemplated bylaw. Their duty was to
determine the relative proportion of taxes that ought to be assessed upon the real



The Supebvisor. 59

property of the parts lying in the different towns. Instead of this, the super-
visors undertook to equalize the valuation of real property in the different towns
so tar as said district is concerned, and for this no warrant of law can be found.
Code of Pabhc Instruction, 475.

Supervisors have no power to change the values as fixed in the town assess-
ment-rolls. Their duty is to determine what proportion of a school district tax
shall he paid by each town forming a joint district, so that relatively each shall
pay the same. Trustees, in preparing a tax list, must use the last town assess-
ment-roll after correction by assessors.

In re Callendar; Report of Supt. of Instruction for 1887, p. 870.

§ 83. Annual Meeting- in Neighborhood.— The

annual meeting of each neighborhood shall be held on the tirst Tues-
day of August in each year, at the hour and place fixed by the last previ-
ous neighborhood meeting or, if such hour and place have not been
so fixed, then the same shall be held in the school-house at seven
thirty o'clock in the evening. If a neighborhood possesses more
than one school-house, it shall be held in the one usually used for
that purpose, unless the trustees designate in the notice another. If
there is no school building, or if the school-house shall be no longer
accessible, then at such other place as the- trustees, or, if there be no
trustees, the clerk shall in the notice designate.

§ 8, title 7, chap. 555, Laws of 1864, as amended by chap. 245, § 2, Laws of 1889.

Annual District Meeting. — The annual meeting of
each school district shall be hdld the first Tuesday of August in
each year, and unless the hour and place thereof shall have been
fixed by a vote of a previous district meeting, the same shall be held,
in the school-house at seven thirty o'clock in the evening. If a dis-
trict possesses more than one school house, it shall be held in the
one usually employed for that purpose, unless the trustees designate
another. If the district possesses no school-house, or if the school-
house shall be no longer accessible, then the annual meeting shall be
held at such place as the trustees, or, if there be no trustee, the
clerk shall designate in the notice.

Id., 8 9.

§ 84. Terms of OflBcers.— The terms of all ofiicers elected
at the first meeting of a newly-erected neigl^borhood or district,
except of a union free school district, shall expire on the first Tues-
day of August next thereafter.

Id., § 26.

§ 85. Trustees of new School Districts, etc.—

On the first Tuesday of August, next after the erection of a district, at



60 SuPEBVisoRS' Manual.

its first aunual meeting, the electors shall determine, by resolution,
whether the district shall have one or three trustees, and if they re-
solve to have three trustees, shall elect the three for one, two and
three years, respectively, and shall designate, by their votes, for
which term each is elected ; thejeafter in such district, one trustee
shall be elected at each annual meeting to fill the office of the outgo-
ing trustee. The electors of any district having three trustees, shall
have power to decide, by resolution, at any annual meeting, whether
the district shall have a sole trustee or three trustees, and if they
resolve to have a sole trustee, the trustee or trustees in oflSce
shall continue in office until their term or terms of office shall ex-
pire, and no election of a trustee shall be had in the district un-
til the offices of such trustee or trustees shall become vacant by
the expiration of their terms of office or otiierwise, and thereafter
but one trustee shall be elected for said district, until the electors of
a district having decided to have but one trustee shall determine at
an aimual meeting, by a two-thirds vote of the legal voters present
thereat, to have three trustees ; in which case they shall, upon the
adoption of such resolution, proceed to elect three trustees or
such number as may be necessary to form a board of three trustees»
in the same manner as provided in this section for the election of
three trustees at the first annual meeting after the erection of a dis-
trict ; and thereafter in such district, one trustee shall be elected for
three years, at each annual meeting, to fill the office of the outgoing
■ trustee.

Id., § 27.

Trustees to Make Annual Reports, etc.— The

trustees of each school district shall, between the twenty-fifth day of
July and the first Tuesday of August, in each year make and direct
to the school commissioner a report in writing, dated on the twenty-
sixth day of July of the year in which it is made, and shall sign and
certify it and dehver it to the clerk of the town in which the school-
house of the district is situated ; and every such report shall certify :

1. The whole time any school has been kept in their district dur-
ing the year ending*on the day previous to the date of such report,
and distinguishing what portion of the time such school has been
kept by qualified teachers, and the whole number of days, including
holidays, in which the school was taught by qualified teachers.

2. The amount of their drafts upon the supervisor, for the pay-
ment of teachers' wages during such year, and the amount of their



The Supervisor. 61

drafts upon him for the purchase of books and school apparatus dur-
ing such.year, and the manner in which such moneys have been ex-
pended.

3. The number of children taught in the district school or schools
during such year by qualified teachers, and the sum of the days' at-
tendance of all such children upon the school.

4. The number of children residing in the district on the thirtieth
day of June previous to the making of such report, and the' names
of the parents or other persons -with whom such children did re-
spectively reside, and the number of children residing with each.

5. The amount of money paid for teachers' wages, in addition to
'the public money paid therefor, the amount of taxes levied in said
district for purchasing school-house sites, for building, hiring, pur-
chasing, repairing and insuring school-houses, for fuel, for district

"libraries, or for any other purpose allowed by law, and such other
information in relation to the schools and the district as the super-
intendent of public instruction may, from time to time, require.

Id., § 60.

§ 86. Employment of School Teachers.— Trus-
tees have power to contract with and employ all teachers in the district
school or schools, but no person who is within two degrees of relation-
ship by blood or marriage to any such trustee shall be so employed,
except with the approval of tv/o-thirds of the voters of such district
present and voting upon the question at an annual or special meeting
of the district ; nor shall any sole trustee of a district make any con-
tract for the employment of a teacher in and for said school district
beyond the close of the school term commencing next preceding the
expiration of his term of office, and continuing not longer than six-
teen weeks, except with the approval of a majority of the voters of
such district present and voting upon the question at an annual or
special meeting of the district ; nor shall the trustees of any school
district, having three or more trustees, make any contract for the
employment of a teacher or teachers for more than one year in ad-
vance. Nor shall any trustee or trustees employ any teacher for a
shorter time than sixteen weeks, unless for the purpose of filling out
an unexpired term of school; nor shall any teacher be dismissed in
the course of a term of employment, except for reasons which, if
appealed to the superintendent of public instruction, shall be held
to be sufficient cause for such dismissal. Any -failure on the part of
a teacher to complete an agreement to teach a term of school with-
out good reason therefor, shall be deemed sufficient ground for the



Q2 SxrPEKVisoEs' Manual.

revocation of the teacher's certificate. Any person employed in disre-
gard of the foregoing provisions shall have no claim for wages against
the district, but may enforce the specific contract made against tlie
trustee or trustees consenting to such employment as individuals.

Id., §49, subd. 9, as amended by chap. 328, Laws of 1889.

§ 8T. District Taxes, bow Apportioned.— School

district taxes shall be apportioned by the trustees upon all real estate
within the boundaries of the district which shall not be by law ex-
empt from taxation, except as hereinafter provided, and such prop-
erty shall be assessed to the person or persons, or corporation owning
or possessing the same at the time such tax list shall be made out,
but land lying in one body and occupied by the same person, either
as owner or agent for the same principal, or as tenant under the
same landlord, if assessed as one lot on the last assessment-roll of
the town after revision by the assessors, shall, though situated partly
in two or more school districts, be taxable in that one of them in
which such occupant resides. This rule shall not apply to land
owned by non-residents of the district, and which shall not be occu-
pied by an agent, servant or tenant residing in the district. Such
unoccupied real estate shall be assessed as non-resident, and a descrip-
tion thereof shall be entered in the tax list. The trustees shall also
apportion the district taxes upon all persons residing in the district,
and upon all corporations liable to taxation therein, for the personal
estate owned by them and liable to taxation. They shall also appor-
tion the same upon non-resident stockholders in banks or banking
associations situated in their districts for the amount of stock owned
by them therein, and upon individual bankers doing business in their
district in accordance with the provisions of chapter seven hundred
and sixty-one of the laws of one thousand eight hundred and sixty-
six.

Id., § 66.

§ 88. Supervisor may Consent to Rene^ral

of "Warrant for Scbool Tax. — Whenever more than
one renewal of a warrant for the collection of any tax list or rate
bill may become necessary in any district, the trustees may make
such further renewal, with the written approbation of the supervisor
of any town in which a school-house of said district shall be located,
to be indorsed upon such warrant.

2 R. S. 1175, § 87, tit. 7, chap. 655, Laws of 1864.

The first renewal may be made by trustees, without consent of supervisor. The
second and subsequent renewals require his consent.



The Supervisok. 63

§ 89. Form of Rene-w-al.

With tlie approbation of tlie supervisor of the town of , we hereby renew

the within (or foregoing) warrant in respect to delinquents for the period of thirty
day^.

Dated this day of , 1886.

A. B.,
C. D.,
E. F.,
Tkustbbs of Disteict No. in the Town of

The supervisor is to approve of the same, in writing, under the above.



Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 7 of 96)