AN ACT TO ESTABLISH FREE SCHOOLS THROUGHOUT THE STATE.

The People of the State of New-York, represented in Senate and Assembly do enact as follows:

SECTION 1. Common schools in the several school districts in this State shall be free to all persons residing in the district over five and under twenty-one years of age. Persons not resident of a district may be admitted into the schools kept therein, with the approbation in writing of the trustees thereof, or a majority of them.

§ 2. There shall hereafter be raised by tax in each and every year, upon the real and personal estate within this State, the sum of eight hundred thousand dollars, which shall be levied, assessed and collected in the mode prescribed by chapter thirteen, part first of the Revised Statutes, relating to assessment and collection of taxes, and when collected, shall be paid over to the respective county treasurers, subject to the order of the State Superintendent of Common Schools.

§3. The State Superintendent of Common Schools shall ascertain the portion of said sum of eight hundred thousand dollars to be assessed and collected in each of the several counties of this State, by dividing the said sum among the several counties, according to the valuation of real and personal estate therein, as it shall appear by the assessment of the year next preceding the one in which said sum is to be raised, and shall certify to the clerk of each county, before the 10th day of July in each year, the amount to be raised by tax in such county; and it shall be the duty of the several county clerks of this State, to deliver to the board of supervisors, of their respective counties, a copy of such certificate on the first day of their annual session, and the board of supervisors of each county shall assess such amount upon

the real and personal estate of such county, in the manner provided by law for the assessment and collection of taxes.

§4. The State Superintendent of common schools shall, on or before the first day of January in every year, apportion and divide, or cause to be apportioned and divided, one-fourth of the sum so raised by general tax, and one-fourth of all other moneys appropriated to the support of common schools among the several school districts, parts of districts, and separate neighborhoods in this State, from which reports shall have been received in accordance with law, in the following manner, viz: to each separate neighborhood there shall be apportioned and paid a sum of money equal to thirty-three cents for each child in such neighborhood, between the ages of four and twenty-one; but the sum so to be apportioned and paid to any such neighborhood, shall in no case exceed the sum of twenty-four dollars, and the remainder of such one-fourth shall be apportioned and divided equally among the several districts; and the State Superintendent of common schools shall, by proper regulations and instructions to be prescribed by him, provide for the payment of such moneys to the trustees of such separate neighborhoods and school districts.

§ 5. It shall be the duty of the State Superintendent of common schools, on or before the first day of January in every year, to apportion and divide the remaining three-fourths of the said amount of eight hundred thousand dollars, together with the remaining three-fourths of all other moneys appropriated by the State for the support of common schools, among the several counties, cities and towns of the State, in the mode now prescribed by law for the division and apportionment of the income of the common school fund; and the share of the several towns and wards so apportioned and divided, shall be paid over, on and after the first Tuesday of February, in each year, to the several town superintendents of common schools, and ward or city officers, entitled by law to receive the same, and shall be apportioned by them among the several school districts and parts of districts in their several towns and wards, according to the number of children between the ages of four and twenty-one years residing

in said districts and parts of districts, as the same shall have appeared from the last annual report of the trustees: but no moneys shall be apportioned and paid to any district or part of a district, unless it shall appear from the last annual report of the trustees that a school has been kept for at least eight months during the year, ending with the date of such report, by a duly qualified teacher, unless by special permission of the State Superintendent of common schools.

§ 6. Any balance required to be raised in any school' district for the payment of teachers' wages beyond the amount apportioned to such district by the previous provisions of this act, and other public moneys belonging to the district and applicable to the payment of teachers' wages, shall be raised in the following manner: It shall be the duty of the trustees of each school district within thirty days after the time of holding the annual meeting of such district in each year to levy a poll tax of such amount upon each resident of the district entitled to vote at school district meetings as will make up such balance, and to make out and deliver to the collector of the district their warrant therefor, which shall be executed by the said collector in the same mode in all respects as is provided by law in the case of other school district assessments, and the amount when collected shall be paid over to the trustees, or one of them, and be expended for the payment of teachers' wages.

§ 7. The State Superintendent of common schools shall have exclusive jurisdiction on appeal, in such manner and under such regulations as shall be prescribed by him, over all controversies arising under the several laws relating to common schools, and his decision shall be final and conclusive.

§ 8. Nothing in this act shall be so construed as to repeal or alter the provisions of any special act relating to schools in any of the incorporated cities or villages of this State, except so far as they are inconsistent with the provisions contained in the first, second, third and fourth sections of this act.

§ 9. All provisions of law now in force requiring the several boards of supervisors to raise by tax, any sum of money for the

support of common schools in this State, and all other laws and parts of laws, inconsistent or incompatible with the provisions of this act, are hereby repealed.

§ 10. The State Superintendent of common schools shall cause to be prepared, published and distributed among the several school districts, and school officers of the State, a copy of the several acts now in force relating to common schools, with such instructions, digest and expositions as he may deem expedient: and the expense incurred by him therefor shall be audited by the Comptroller, and paid by the Treasurer.

§ 11. All the moneys received or appropriated by the provisions of this act, shall be applied to the payment of teachers' wages exclusively.

§ 12. This act shall take effect on the first day of July next: but nothing herein contained shall be so construcd as to affect provisions already made in the several school districts, for the support of schools therein, under existing laws, for the current year.