and control of said union free schools, and to establish in the same an academical department, whenever in their judgment the same is warranted by the demand for such instruction; to receive into said union free schools any pupils residing out of said district, and to regulate and establish the tuition fees of such nonresident pupils in the several departments of said schools; provided, that if such non-resident pupils, their parents or guardians, shall be liable to be taxed for the support of said schools in the districts, or either of them, on account of owning property therein, the amount of any such tax paid by a non-resident pupil, his parent or guardian, shall be deducted from the charge for tuition; to provide fuel, furniture, apparatus and other necessaries for the use of said schools, and to appoint such librarians as they may from time to time deem necessary. II. To contract with and employ such persons as by the provisions of this act are qualified teachers in the several departments of instruction in said school, and at the time of such employment shall make and deliver to each teacher, or cause to be made and delivered, a contract in writing, signed by the members of said board, or by some person duly authorized by said board. to represent them in the premises, in which the details of the agreement between the parties and particularly the length of the term of employment, the amount of compensation and the time or times when such compensation shall be due and payable, shall be clearly and definitely set forth. The pay of any teacher employed in the public schools of this state shall be due and payable at least as often as at the end of each calendar month of the term of employment. No person who is related by blood or marriage to any member of a board of education shall be employed as a teacher by such board, except upon the consent in writing of two-thirds of the members thereof, to be entered upon the proceedings of the board. No teacher shall be removed dur ing a term of employment unless for neglect of duty, incapacity to teach, immoral conduct, or other sufficient cause. Also to pay the wages of such teacher out of the moneys appropriated for that purpose. 12. To fill any vacancy which may occur in said board by reason of the death, resignation, removal from office or from the school district, or refusal to serve, of any member or officer of said board; and the person so appointed in the place of any such member of the board shall hold his office until the next election of Powers and Duties of Boards of Education. § 16 In case of the failure of such trustees, as by this act provided. board to fill such vacancy, and in case no special election is ordered for filling the same for a period of thirty days, the same may be filled by the school commissioner having jurisdiction. The superintendent of public instruction may order a special election to be held in any district for the purpose of filling such vacancy, and when such special election is ordered the vacancy shall not be filled otherwise. 13. To remove any member of their board for official misconduct. But a written copy of all charges made of such misconduct shall be served upon him at least ten days before the time appointed for a hearing of the same; and he shall be allowed a full and fair opportunity to refute such charges before removal. 14. To provide suitable and convenient water-closets or privies for each of the schools under their charge, at least two in number, which shall be entirely separated each from the other and having separate means of access, and the approaches thereto shall be separated by a substantial close fence not less than seven feet in height; to keep the same in a clean and wholesome condition, and a failure to comply with the foregoing provisions on the part of said board shall be sufficient grounds for removal from office, and for withholding from the district any share of the public moneys of the state. Any expense incurred by said board in carrying out the foregoing provisions shall be a charge upon the district; and a tax may be levied therefor without a vote of the district. 15. To cause proper stairways to be constructed and maintained on all school buildings under their charge which are more than two stories high, on the outside thereof, with suitable doorways leading thereto from each story above the first, for use in case of fire. The reasonable and proper cost thereof shall, in each case, be a legal charge upon the city, village or district, and shall be raised by tax as other moneys are raised for school purposes. (As amended by chap. 264 of 1896, § 16.) 8 16. The board of education shall possess all the powers and privileges, and be subject to all the duties in respect to the common schools, or the common school departments in any union free school in said districts, which the trustees of common schools possess or are subject to under this act, not specially provided for in this title, and not inconsistent with the provisions of this title; and to enjoy, whenever an academic department shall be by them established, all the immunities and privileges now enjoyed by the trustees of academies in this state. * 17. In any incorporated village having a population of five thousand and upwards, or in any union free school district having a like population, which fact shall in either case be determined by the state superintendent of public instruction, as provided in section five of title two of this act, the board of education in any such village or union free school district may appoint a superintendent of schools. Such superintendent shall be under the direction of the board of education, which shall prescribe his powers and duties. He shall be paid a salary from the teachers' fund, to be fixed by the board of education, and he may be removed from office by a vote of the majority of all the members of such board. Whenever such superintendent shall be appointed, the said union free school district shall be entitled to the benefits of the provisions of section five of title two of this act. § 18. It shall be the duty of said board to keep an accurate record of all its proceedings in books provided for that purpose, which books shall be open for public inspection at all reasonable hours. It shall be the duty of said board to cause to be published once in each year, and twenty days next before the annual meeting of the district, in at least one public newspaper, printed in such district, a full and detailed account of all moneys received by the board or the treasurer of said district, for its account and use, and of all the money expended therefor, giving the items of expenditure in full; should there be no paper published in said district said board shall publish such account by notice to the taxpayers, by posting copies thereof in five public places in said. district. No member of said board shall be personally interested in any contract made by said board. It shall be the duty of the board, at the annual meeting of the district, besides any other report or statement required by law, to present a detailed statement in writing of the amount of money which will be required for the ensuing year for school purposes, exclusive of the public moneys, specifying the several purposes for which it will be required, and the amount for each, but nothing in this section contained shall be construed to prevent the board from presenting such statement at any special meeting called for the purpose, nor from presenting a supplementary and amended statement or estimate at any time. So in the original. Powers and Duties of Boards of Education. S$ 19-24 19. After the presentation of such statement, the question shall be taken upon voting the necessary taxes to meet the estimated expenditures, and when demanded by any voter present, the question shall be taken upon each item separately, and the inhabitants may increase the amount of any estimated expenditures or reduce the same, except for teachers' wages, and the ordinary contingent expenses of the school or schools. § 20. If the inhabitants shall neglect or refuse to vote the sum or sums estimated necessary for teachers' wages, after applying thereto the public school moneys, and other moneys received or to be received for that purpose, or if they shall neglect or refuse to vote the sum or sums estimated necessary for ordinary contingent expenses, the board of education may levy a tax for the same, in like manner as if the same had been voted by the inhabitants. § 21. If any question shall arise as to what are ordinary contingent expenses the same may be referred to the superintendent of public instruction, by a statement in writing, signed by one or more of each of the opposing parties upon the question, and the decision of the superintendent shall be conclusive. 22. It shall be the duty of each of the said boards of education elected pursuant to the provisions of this title, to have a regular meeting at least once in each quarter, and at such meetings to appoint one or more committees, to visit every school or department under the supervision of said board, and such committees shall visit all said schools as least twice in each quarter, and report at the next regular meeting of the board on the condition. thereof. The meetings of all such boards shall be open to the public, but said boards may hold executive sessions, at which sessions only the members of such boards or the persons invited shall be present. 23. It shall also be the duty of said boards, respectively, to have reference in all their expenditures and contracts to the amount of moneys which shall be appropriated, or subject to their orders or drafts, during the current year, and not to exceed that amount. And said board shall severally apply all the moneys apportioned to the common school districts under their charge, to the departments below the academical; and all moneys from the literature fund or otherwise, appropriated for the support of the academical department, to the latter departments. § 24. All moneys raised for the use of the union free schools in any city or incorporated village, or apportioned to the same from the income of the literature, common school or United States deposit funds, or otherwise, shall be paid into the treasury of such city or village to the credit of the board of education therein; and the funds so received into such treasury shall be kept separate and distinct from any other funds received into the said treasury. And the officer having the charge thereof shall give such additional security for the safe custody thereof as the corporate authorities of such city or village shall require. No money shall be drawn from such funds, credited to the several boards of education, unless in pursuance of a resolution or resolutions of said board, and on drafts drawn by the president and countersigned by the secretary or clerk, payable to the order of the person or persons entitled to receive such money, and stating on their face the purpose or service for which such moneys have been authorized to be paid by the said board of education. 25. All moneys raised for the use of said union free schools, other than those whose limits correspond with those of any cities and incorporated vilages, or apportioned from the income of the literature or common school or United States deposit funds, or otherwise, shall be paid to the respective treasurers of the said several boards of education entitled to receive the same, and be by them applied to the uses of said several boards, who shall annually render their accounts of all moneys received and expended by them for the use of said schools, with every voucher for the same and certified copies of all orders of the said boards touching the same, to the school commissioner of the district in which the principal school-house of the district is located. No money shall be drawn from such funds in possession of such treasurer, unless in pursuance of a resolution or resolutions of said board, and on drafts drawn by the president and countersigned by the clerk, or secretary, payable to the order of the person or persons entitled to receive such money, and stating on their face the purpose or service for which said moneys have been authorized to be paid by the said board of education. 26. Every academic department, established as aforesaid, shall be under the visitation of the regents of the university, and shall be subject, in its course of education and matters pertaining thereto (but not in reference to the buildings in which the same is conducted), to all the regulations made in regard to |