L. 1921, ch. 384.

Preparation of poll lists.

2. Twenty-one years of age.

§ 213.

3. A resident within the election district for a period of thirty days. next preceding the election at which he offers to vote; and who in addition thereto possesses one of the following four qualifications:

a. Owns or hires real property in such district or is in the possession of such property under a contract of purchase, assessed upon the last preceding assessment-roll of the city, or

b. Is the parent of a child of school age, provided such child shall have attended the public schools in the city in which the election is held for a period of at least eight weeks during the year preceding such election, or C. Not being the parent, has permanently residing with him a child of school age who shall have attended such public schools for a period of at least eight weeks during the year preceding such election, or

d. Owns personal property, assessed on the last preceding assessmentroll of the city, exceeding fifty dollars in value, exclusive of such as is exempt from execution.

No person shall be deemed to be ineligible to vote at any such election, by reason of sex, who has the other qualifications required by this section. In any city school district whose boundaries are co-terminous with the boundaries of the city, any person shall be permitted to vote at any such election in the school election district within which he resides on the date of the election, provided he shall have been resident of the city school district for a period of thirty days next preceding the date of the election, and provided he shall possess the other qualifications which entitle him to vote as prescribed in this section. (Added by L. 1917, ch. 791, and amended by L. 1921, ch. 384, in effect April 30, 1921.)

§ 213. Preparation of poll lists in certain cities, correction.-1. The secretary or clerk of the board of education in each such city having a population of over fifty thousand shall on or before the first day of April in each year prepare a poll list for each school election district which shall contain the names of all persons residing in such district who shall be qualified to vote for candidates for the offices of members of the board of education at the ensuing election. The names on such list shall be arranged alphabetically by the surnames, and the place of residence by street and number of each person named on such list, if any, and if not, some description accurately locating such place of residence shall be given on such list. (Section added by L. 1917, ch. 791, and caption and subd. amended by L. 1921, ch. 384, in effect April 30, 1921.)

9. In each city of the state having a population of fifty thousand or less by the last preceding census any person possessing qualifications which entitle him or her to vote at a school election as prescribed in section two hundred and ten of this chapter may vote at any such election held within his school election district without any previous registration or poll listing under the provisions of subdivisions one to eight, both inclusive, of this

§§ 223-253.

Collector.

L. 1923, ch. 149. section. The provisions of sections two hundred and eight to two hundred and eighteen, both inclusive, except as herein modified, are hereby made applicable to the conduct of elections in the school election districts of such cities having a population of fifty thousand or less in all respects not inconsistent with the provisions hereof. (Subd. added by L. 1921, ch. 384, in effect April 30, 1921.)

§ 223. Oath of office.

Oath of office. In the absence of a special statutory provision relating to a particular district there is no authority in the law for requiring any school officer to take and file an oath of office. If an oath is required by special statutory provision, an officer is not required to file such oath until he has received notice of his appointment. Opinion of Commissioner of Education (1921), 26 State Dept. Rep. 89.

§ 227. Election of officers.

Failure to elect district officers by ballot is a fatal defect which alone is sufficient cause for setting aside the action of the meeting. Opinion of Commissioner of Education (1920), 23 State Dept. Rep. 447.

The casting of a ballot by the clerk of the meeting, although directed upon motion adopted by the qualified electors present, does not constitute the election of a district officer by ballot. Opinion of Commissioner of Education (1921), 26 State Dept. Rep. 172.

It is not necessary to designate the office when there is but one office that is being voted for at the particular time the ballot is cast. Opinion of Commissioner of Education (1921), 26 State Dept. Rep. 172.

§ 252. Collector's bond.-1. Within such time, not less than ten days, as the trustees shall allow him for the purpose, the collector, before receiving the first warrant for the collection of money, shall execute a bond to the trustees, with one or more sureties, to be approved by a majority of the trustees, in such amount as the district meeting shall have fixed, or if such meeting shall not have fixed the amount then in such amount as the trustees shall deem reasonable, conditioned for the due and faithful execution of the duties of his office and for the proper accounting for all moneys that may come into the hands of such collector from any source whatsoever. (Subd. 1 amended by L. 1923, ch. 149, in effect April 5, 1923.)

Where the annual meeting fails to fix the amount of the collector's bond and fails to vote a tax the law makes provision for such omission and permits the trustee to fix the amount of the collector's bond and to levy taxes for certain specified items of expenditure necessary for the maintenance of the school. Opinion of Commissioner of Education (1921), 26 State Dept. Rep. 174.

§ 253. Collector to disburse teachers' fund.-1. The trustees of a school district which has not a treasurer may direct by resolution duly entered on the minutes of their proceedings the collector of such district to disburse to teachers the money apportioned by the state for teachers' salaries. In a common school district having a sole trustee such trustee may

L. 1923, ch. 151.

Clerk; treasurer; collector.

§ 254.

direct the collector of the district to disburse such state moneys apportioned to the district by written order to be filed with the district clerk. 2. The collector shall thereupon execute a bond to the trustees, with two or more sureties, in the amount of the last apportionment, with like condition of sureties, approval of trustees, and the amount and like directions as to filing as are required in the preceding section for a bond for the collection of taxes, and conditioned also for the due and faithful execution of the duties of his office as such disbursing agent. Where the bond executed by the collector under the provisions of section two hundred and fifty-two of this act and approved by the trustee or trustees of the district as therein provided is sufficient in amount to cover the taxes collected or to be collected for the current school year and also the amount of the last apportionment of public moneys to such district such bond shall be accepted in lieu of the additional bond as herein provided. (Amended by L. 1923, ch. 149, in effect April 5, 1923.)

§ 254. Clerk, treasurer and collector in union free school district.—1. In every union free school district the board of education shall have power to appoint one of their number, or some other qualified voter in said district as clerk of the board of education of such district. (Subd. 1 amended by L. 1923, ch. 151, in effect April 5, 1923.)

4. Said board of education in every union free school district whose limits do not correspond with those of an incorporated village or city shall appoint a district treasurer, and a collector who shall hold office during the pleasure of the board. The board shall also fix the compensation of the treasurer. In case the board of education appoints as its collector the receiver or collector of taxes of a village located wholly or in part within the boundaries of the school district, the board of education is authorized to pay such receiver or collector a fixed compensation to be agreed upon, in lieu of all fees or other charges to which a school district collector might be entitled, under the provisions of this chapter. All fees or other charges collected by such receiver or collector upon school taxes or assessments under the provisions of this chapter shall belong to the school district and shall be paid into the school district funds. (Subd. 4 amended by L. 1922, ch. 314, in effect March 28, 1922.)

Note.-Subd. 4 was also amended by L. 1922, ch. 328. See below.

4. Said board of education in every union free school district whose limits do not correspond with those of an incorporated village or city shall appoint a district treasurer, and a collector who shall hold office during the pleasure of the board. The board shall also fix the compensation of the treasurer. The board may designate a bank, banks or banker for the deposit of all moneys received by the treasurer and may require of any such banks or banker security for the repayment thereof. It may require a report by the cashier of such bank, banks or banker to be submitted at

§§ 273-310.

Boards of education.

L. 1922, ch. 344.

any regular meeting of the board of the amount of deposit to the credit of the treasurer. (Subd. 4 amended by L. 1922, ch. 328, in effect March 28, 1922.)

Note.-Subd. 4 was also amended by L. 1922, ch. 314. See above.

§ 273. Mode of exercise of trustees' powers.

Trustees must act as board in contracting for services of teachers. The acts of two trustees without lawful notice to a third trustee will not bind the district. Opinion of Commissioner of Education (1921), 26 State Dept. Rep. 687.

§ 275. Powers and duties of trustees.

Selection of a school site is a matter peculiarly within the province of the district meeting to determine, and where there is evidence of a pronounced sentiment in favor of a change of the site the voters of the district should be given an opportunity to select a new site at a special meeting duly called for such purpose. Opinion of Commissioner of Education (1920), 22 State Dept. Rep. 386.

Advertisement for bids in all cases involving considerable expenditure of money is recommended by the education department, although the law does not require such advertisement. Where it appears that the contract price is not excessive, the action of the trustee under a resolution duly passed in expending $1,500 for the removal and repair of a schoolhouse without advertising for bids will be sustained. Opinion of Commission of Education (1920), 22 State Dept. Rep. 573. Power to call special meeting discretionary.-A trustee of a school district is not bound to issue a call for a special meeting upon request. The power in the trustee to issue such call is discretionary. Opinion of Commissioner of Education (1920), 23 State Dept. Rep. 511.

A trustee may not arbitrarily refuse to employ an additional teacher where the welfare of the children who are to be instructed in the schools manifestly requires such employment. Opinion of Commissioner of Education (1921), 26 State Dept. Rep. 486.

§ 300. Boards of education corporate bodies.

The board of education of the city of Buffalo is a corporation which may sue and be sued. Matter of Fleischmann v. Graves (1923), 235 N. Y. 84, 138 N. E. 745, affg. 202 App. Div. 825, 194 N. Y. Supp. 934.

§ 309. Power of removal of member of board of education.

Wilful disobedience or wilful violation or neglect of duty must be established as a ground for the removal of members of a board of education. Opinion of Commissioner of Education (1921), 26 State Dept. Rep. 166.

§ 310. Powers and duties of board of education.-22. To provide, purchase, lease, furnish and maintain buildings or other suitable accommodations for the use of teachers employed in the district when duly authorized by a meeting of the district and to raise by tax upon the taxable property of the district the moneys necessary for such purposes. (Subd. 22 added by L. 1922, ch. 344, in effect March 29, 1922.)

Liability of board of education for negligence.-The board of education is the agency to which the state delegates the power and duty of controlling the schools

L. 1923, ch. 394.

Election of district superintendent.

§§ 366, 383.

in the district. Although it acts in its corporate capacity, it is not absolved from liability as a governmental agency to the extent of the funds vested in it for the purpose by statute or which it is empowered thereby to raise by local taxation. It is liable as a corporate body for its own negligence. Where a pupil in the manual training department of a high school received injuries while operating an unguarded buzz saw as part of his school work, and the Appellate Division has unanimously affirmed a finding of the jury, upon the trial of an action brought by the pupil against the board of education, that the board as a corporate body was guilty of negligence in purchasing, installing, operating and permitting to be used by the pupils of the school under its direct control a dangerous machine, it cannot be held that the board is not liable for such negligence as a governmental agency. Hermann v. Board of Education (1922), 234 N. Y. 196, 137 N. E. 24, affg. 200 App. Div. 854, 191 N. Y. Supp. 930.

Money may be borrowed temporarily upon certificates of indebtedness by the board of education of the city of Amsterdam in anticipation of taxes which have been levied for school purposes but the Common Council of the city has no such authority. Opinion of Attorney-General (1920), 24 State Dept. Rep. 51.

§ 366. Penalties of certain bonds.-Whenever the supervisor of the town. or a school district officer is required to furnish a bond under the provisions of this chapter in the penalty of double the amount of moneys apportioned or to be received, and such supervisor or district officer furnishes the bond of a surety or bonding company authorized by law to transact business in this state and to execute such bond, the penalty thereof may be fixed at the amount of moneys so apportioned or to be received, in lieu of the double penalty herein prescribed. (Added by L. 1921, ch. 480, in effect May 2, 1921.)

§ 383. Election of district superintendent.-1. The school directors of the several towns composing a supervisory district shall meet for organization at eleven o'clock in the forenoon on the third Tuesday in March following their election. Such meeting shall be held at a place in the supervisory district, designated by the county clerk, at least ten days previous to the date thereof. At the time the county clerk designates such place of meeting he shall also mail a notice of the time and place of such meeting to each school director of the district. The school directors present at such meeting shall organize by electing from their number a chairman, a clerk and two inspectors of election. The school directors at such meeting shall designate a place for holding future meetings. (Subd. 1 amended by L. 1910, ch. 394 and L. 1923, ch. 394, in effect May 21, 1923.)

2. The school directors of the several towns composing a supervisory district shall be a board of school directors, and such board of directors shall meet at eleven o'clock in the forenoon on the third Tuesday in April, nineteen hundred and twenty-six, and every fifth year thereafter, and elect a district superintendent of schools. The clerk of such board shall give each director at least ten days' notice in writing of the hour, date and