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.

TITLE X.

Teachers' Institutes.

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.

3. The school commissioner shall have the right to hold an institute when appointed in any school building in any district under such commissioner's jurisdiction which receives public money from the state, without expense therefor to the state beyond a reasonable allowance to said district for lighting, heating and janitor service, provided always that due and proper care shall be maintained, and the school building left in the like condition as found as regards cleanliness and neatness.

4. All schools in school districts and parts of school districts within any school commissioner district wherein an institute is held, not included within the boundaries of an incorporated city, except as hereinafter provided, shall be closed during the time such institute shall be in session. The closing of a school within the school commissioner district wherein an institute shall be held, at which a teacher has attended, shall not work a forfeiture of the contract under which such teacher was employed. In all districts having a population of more than five thousand, and employing a superintendent whose time is exclusively devoted to the supervision of the schools therein, the schools may be closed or not at the option of the boards of education in such districts. The trustees of every school district are hereby directed to give the teacher or teachers employed by them, the whole of the time spent by them in attending at an institute or institutes held as herein before stated, without deducting any. thing from the wages of such teacher or teachers for the time so spent. All teachers under a contract to teach in any commissioner district shall attend such institute so held for that district, and shall receive wages for such attendance. (As amended by chap. 512 of 1897, § 5.)

5. In the apportionment of public school money, the schools thus closing in any school term shall be allowed the same average pupil attendance during such time, as was the average weekly aggregate during the week previous to such institute, and any school continuing its sessions in violation of the above provision shall not be allowed any public money based upon the aggregate attendance for the period during which the institute was held. Trustees and boards of education in such school districts and parts of school districts shall report, in their annual reports to the school commissioners, the number of days and the dates thereof on which a teachers' institute was held in their districts during the school year, and whether schools under their charge were or

were not closed during such days; and whenever the trustees' report shows a district school has been supported for the full time required by law, including the time spent by the teacher or teachers in their employ in attendance upon such institute, and that the trustees have given the teacher or teachers the time of such absence, and have not deducted anything from his or their wages on account thereof, the superintendent of public instruction may include the district in his apportionment of the state school moneys, and direct that it be included by the school commissioner or commissioners in their apportionment of school moneys; provided, always, that such school district be in all other respects entitled to be included in such apportionment.

§ 6. Willful failure on the part of a teacher to attend a teachers' institute as required, shall be considered sufficient cause for the revocation of such teacher's license, and a willful failure on the part of trustees to close their schools during the holding of an institute as required, shall be considered sufficient cause for withholding the public moneys to which such districts would otherwise be entitled. Any person under contract to teach in a school in any commissioner district, is required to attend an institute if held for that district, even though at the time the school is not in session, and shall be entitled to receive wages for such attendance. (As amended by chap. 264 of 1896, § 17.)

§ 7. The treasurer shall pay, on the warrant of the comptroller, to the order of any one or more of the school commissioners, such sum or sums of money as the superintendent of public instruction shall certify to be due to them for expenses in holding a teachers' institute; and, upon the like warrant and certificate to pay to the order of any persons employed by the superintendent as additional instructors to conduct, instruct, teach or supervise any such teachers' institute.

§ 8. There shall be annually appropriated out of the free school fund the sum of thirty thousand dollars for the maintenance of teachers' institutes.

9. There shall be annually appropriated out of the free school fund the sum of six thousand dollars for the establishment and maintenance of summer institutes in accordance with the provisions of this section. It shall be the duty of the superintendent of public instruction to establish and maintain three summer institutes having a course of at least three weeks' duration for the training and instruction of teachers for the common schools of

the state, to be located at three convenient and accessible points therein to be selected by him. Such institutes shall be supplied with proper instructors, to be appointed by the state superintendent for that purpose, utilizing so far as practicable, those who are employed as institute conductors. Admission to said institute and all the advantages thereof, shall be free to all teachers of the state and those preparing for teaching therein. The superintendent

of public instruction shall establish such regulations for the gov. ernment of such summer institutes as he may deem best, and may establish regulations in regard to examinations thereat and certifi cates of qualification to be issued to graduates therefrom as shall, in his judgment, best furnish incentives and encouragement to teachers to attend such institutes. The conductor in charge of such institutes shall transmit to the superintendent of public instruction at the close thereof, in such form and at such time as the superintendent shall prescribe, a full report of such institute, including a list of all the teachers in attendance, the number of days attended by each teacher, together with such other statistical information as the superintendent may require. He shall present a full statement of all the 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 the statements made and accounts presented. The sum of six thousand dollars is hereby appropriated out of the free school fund for the purposes of carrying out the provisions of this act. (Added by chap. 156 of 1896, § 1.)

TITLE XI.

Teachers' Training Classes.

SECTION 1. There shall be annually appropriated out of the income of the United States deposit fund, not otherwise appropriated, the sum of thirty thousand dollars and out of the free school fund the sum of thirty thousand dollars for the instruction of competent persons in academies and union schools, in the science and practice of common school teaching, under a course to be prescribed by the superintendent of public instruction.

§ 2. The superintendent of public instruction shall designate the academies and union schools in which such instruction shall be given, distributing them among the school commissioner districts of the state, as nearly as may well be, having reference to