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Alteration of Union Free School Districts. SS 33-36 education, apon the application of fifteen resident taxpayers of such district, to call a special meeting in the manner prescribed by law, for the purpose of determining whether application shall be made in the manner hereinafter provided, for the dissolution of such union free school district, and for its reorganization as a common school district or districts.
§ 33. Whenever, at any such meeting called and held as aforesaid, it shall be determined by a majority vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, not to dissolve such union free school district, no other meeting for a similar purpose shall be held in said district within three years from the time the first meeting was held, and whenever at any such meeting called and held as aforesaid it shall be determined by a two-thirds vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, to dissolve such union free school district, it shall be the duty of the board of education to present to the school commissioner of the commissioner district in which said union free school is situated, a certified copy of the call, notice and proceedings. If such school commissioner shall approve the proceedings of said meeting, he shall certify the same to the board of education. Such approval shall not take effect until the day preceding the first Tuesday of August next succeeding; but after that date such district shall cease to be a union free school district.
$ 34. If any union free school district dissolved under the foregoing provisions shall have been established by the consolidation of two or more districts, it shall be lawful for such school commissioner to order that its territory be divided into two or more districts, to correspond, so far as practicable, with the districts theretofore consolidated.
§ 35. If there shall be, in such dissolved union free school district, an academy which shall have been adopted as the academic department of the union free school, under the provisions of title nine, chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, and any amendment thereof, or under this act shall, upon the application of a majority of the surviving resident former trustees or stockholders, be transferred by the board of education to said former trustees or stockholders.
& 36. Such school commissioner may make his approval of
the proceeding of any such meeting held as aforesaid conditional upon the payment, by the district which has been most greatly benefited by the consolidation in the way of buildings and other improvements to the other district or districts into which the said union free school district is divided, of such sum or sums of money as they may deem equitable.
$ 37. All moneys remaining in the hands of the treasurer of the union free school district when the order of dissolution shall take effect shall be apportioned equitably among the several districts into which such union free school district is divided, and shall be paid over to the collectors or treasurers of such districts when they shall have been elected and have qualified according to law.
$ 38. The district or districts formed by the dissolution of such union free school district shall hold its or their annual meeting or meetings on the first Tuesday of August, next after the dissolution of such union free school district, and shall elect officers as now required by law.
$ 39. If such school commissioner shall not approve the proceedings of any such meeting, held as aforesaid, for the purpose of dissolving a union free school district, no other meeting shall be held in such district, for a similar purpose, within three years from the time the first meeting was held.
§ 40. Whenever the proceedings of a meeting, held as aforesaid, for the purpose of dissolving a union free school district, shall have been approved by such school commissioner and shall have been certified by him to the board of education, it shall be the duty of the board of education of the district affected forthwith to notify the superintendent of public instruction, and to furnish him copies of the call, notice, proceedings of the meeting, and the action taken by such school commissioner thereon.
§ 41. Any person or persons conceiving himself or themselves aggrieved by the action, proceedings or decision of any special meeting held under the provisions of this article, or by the order, decision, action or proceedings of any school commissioner under or pursuant to the provisions of this article, may appeal therefrom to the superintendent of public instruction, who is hereby authorized and required to examine and decide the same ; and his decision shall be final and conclusive.
§ 42. The provisions of this title shall apply to all union free schools heretofore organized pursuant to the provisions of chapter
Acquisition of School-house Sites.
four hundred and thirty-three of the laws of eighteen hundred and fifty-three, and the amendments thereof, and of chapter five hundred and fifty-five of the laws of eighteen hundred and sixty. four, and the amendments thereof; and sections nine and ten of this title, are made applicable to all school districts established by and organized under special statutes, except those of cities; and all acts or parts of acts inconsistent with and repugnant to said sections nine and ten of this title are hereby repealed. So much of section seven of this title as relates to the election of a clerk shall not affect the towns of Cortlandt and White Plains in Westchester county.
Acquisition of School-house Sites.
and i901 C. 460 SECTION 1. Land for the site of a school-house in any school of an or additional land adjoining to and for the enlargement district, established site in any school district, not exceeding one acre, may be acquired in cases where the owner or owners thereof, or some of them, shall not consent to sell the same for such purpose, or the trustee, trustees or board of education of the district can not agree with such owner or owners or some of them, upon the price or value thereof, as real property for public use is taken under and pursuant to the laws of the state. The trustee or trustees or board of education of any such school district is or are hereby authorized and empowered to institute, carry on and com. plete the proceedings necessary for acquiring said land, and the title thereto, for and on behalf of such district. The method of procedure to acquire such land shall be that prescribed for the condemnation of real property for public use in title one of chapter twenty-three of the Code of Civil Procedure, and any amend. ments thereof, entitled “ Proceedings for the condemnation of real property,” and known as the “ Condemnation Law.”
§ 2. The provisions of the foregoing section shall not apply to cities of more than thirty thousand inhabitants nor shall it be lawful under said section to acquire title to less than the whole of any city or village lot, with the erections thereon, if any, nor to any premises occupied as a homestead by the owner or owners thereof, without the consent of such owner or owners ; nor beyond the corporate limits of cities, to any garden or orchard, or any part thereof, nor to any part of any yard or inclosure
necessary to the use and enjoyment of buildings, or any fixtures or erections for the purposes of trade or manufactures, without the consent of the owner or owners thereof.
§ 3. Boards of education in cities of not more than thirty thousand inhabitants are hereby clothed with all the powers of trus tees and the title to any and all lands acquired in any city under the provisions of section one of this title, shall vest in the board of education thereof, or such other corporate body as is by law vested with the title to the school lands in such city. But nothing herein contained shall be construed to limit or circumscribe the powers and duties heretofore lodged in such board of education by law.
§ 4. The provisions of section one of this title shall be extended and apply to the city of Brooklyn, and the board of education of that city is hereby clothed with all the powers of trustees under the provisions of this title, and the title to any and all lands acquired in said city under the provisions of this act shall vest in the board of education thereof. The proceedings mentioned in section one of this title may be authorized by a vote of said board of education and the petition may be signed by the officers of said board.
§ 5. The provisions of section one of this title shall apply to union free school districts and to districts organized under special laws ; and the trustee or trustees of such districts, and the boards of education organized under special laws shall be and are hereby clothed with all the powers vested in trustees in this title.
SECTION 1. It shall be the duty of the superintendent of public instruction to appoint a teachers' institute once in each year in each school commissioner district of the state, for the benefit and instruction of the teachers in the public schools, and of such as intend to become teachers, with special reference to the presentation of subjects relating to the principles of education and methods of instruction in the various branches of study pursued in the schools. After consultation with the school commissioners, the said superintendent shall have power to determine the duration of each institute and to designate the time and place
of holding the same. He shall also have power to employ suitable persons, at a reasonable compensation, to supervise and conduct the institutes, and, in his discretion, to provide for such additional instruction as he may deem advisable and for the best interests of the schools. He may also, in his discretion, appoint an institute for two or more commissioner districts. He shall establish such regulations for the government of institutes as he may deem best ; and he may establish regulations in regard to certificates of qualification or recommendation which may be issued by school commissioners as will, in his judgment, furnish incentives and encouragement to teachers to attend the institutes. So far as consistent with other duties imposed upon him, the superintendent shall visit the institutes, or cause them to be visited by representatives of the department of public instruction, for the purpose of examining into the course and character of instruction given, and of rendering such assistance as he may find expedient.
§ 2. It shall be the duty of every school commissioner, subject always to the advice and direction of the superintendent of public instruction, and in such form and manner as may be deemed most effectual, to notify all teachers, trustees, boards of education and others known to him, who may desire to become teachers under his jurisdiction, of the time when and the place where the institute will be held. The school commissioner shall make all necessary arrangements for holding the institute when appointed ; see that a suitable room is provided ; attend to all necessary details connected therewith ; assist the conductor in organization ; keep a record of all teachers in attendance ; and notify the trustees of the number of days attended by the teachers of the various districts, which shall be the basis of pay to such teacher for attendance as hereafter provided. He shall also transmit to the superintendent of public instruction at the close of each institute, in such form, and within such time as the superintendent shall prescribe, a full report of the institute, including a list of all teachers in attendance, the number of days attended by each teacher, with such other statistical information as may be required. He shall present a full statement of all expenses incurred by him in carrying on the institute, with vouchers for all expenditures made, accompanying the same by an affidavit of the correctness of statements made and of accounts presented.