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No trustee

no regent as

S74. [Sec. 52.] No president, principal, or other officer of any ART. 6. such college or academy, shall be a regent of the university.1 Regent. $75. [Sec. 53.] No trustee of a college or academy shall act as to act as rea regent of the university, and no regent of the university shall gent, and act as trustee of any college or academy; and if any such trustee trustee. shall be appointed a regent, or a regent shall be appointed a trustee, he shall elect in which office he will serve, and give notice of such election to the authority by which he shall be appointed, within sixty days from the time of his appointment, otherwise such appointment shall be void.2

regents.

376. [Sec. 55.] Every college and academy that shall become Returns to subject to the visitation of the regents, shall make such returns and reports to the regents in relation to the state and disposition of its property and funds, the number and ages of its pupils, and its system of instruction and discipline, as the regents shall from time to time require.

academic

377. Every academy or institution of learning subject to the End of visitation of the regents, is hereby required as early as possible year. after the passage of this act, at a legal meeting of the trustees, to declare on its minutes the termination of its academic year, and which in all cases shall be some period between the twentieth day of June and the fifteenth day of September in each year. [1855, ch. 50, § 1, as amended 1856, ch. 54.]

report.

378. Every academy shall make up its annual report for said Annual academic year, and shall transmit the same to the regents on or before the first day of November in each year, stating in the same the termination of their academic year. [Same ch., § 2.]

379. All provisions in the Revised Statutes inconsistent with Repeal. the above are hereby repealed. [Same ch., § 4.]

clause.

$80. [Sec. 56.] Nothing contained in this chapter shall be Saving construed to alter or in any manner affect any charter heretofore granted by the legislature or by the regents of the university to any college or academy.3

trustees.

381. Nothing in the fifty-sixth section of the first title of Powers of chapter fifteen, part first of the Revised Statutes, shall be construed to prevent article fourth of said title from extending and applying to the trustees of all academies incorporated by the regents of the university prior to the first day of January, one thousand eight hundred and thirty. [1835, ch. 123, § 1.]

ARTICLE SIXTH.

Of the Foundation and Government of Lancasterian or Select Schools.

Sec. 82. Founders or benefactors may apply to regents for incorporation.

83. How approbation of regents declared.

84. Request and instrument of approbation to be recorded.

85. Immediately after the recording, funds vest in trustees.

6. Name of corporation to be expressed in instrument of approbation.

87. Powers of trustees enumerated.

88. When the office of trustee vacated.

89 & 90. How such school may be made a district school.

91. Every school incorporated under these provisions, subject to regents.

$82. [Sec. 57.] The founders and benefactors of any school Application established or to be established for the instruction of youth on for incor

1 See note 4, p. 78. 22 R. L., 265, §§ 18 and 19. 3 Id., p. 262, § 8.

to regents

poration.

1465]

TITLE 1. the system of Lancaster or Bell, or any other system of instruction approved by the board of regents, or as many of such founders as shall have contributed more than one-half of the property collected or appropriated for the use of such school, may make to the regents of the university an application in writing under their hands, requesting that such school may be incorporated, nominating the first trustees, and specifying the name by which the corporation is to be called.1

Duty of regents.

Papers,

where recorded.

Funds.

Corporation.

Powers of

trustees.

[466]

When office vacated.

How made a district school.

$83. [Sec. 58.] In case the regents shall conceive a compliance with such request, will be conducive to the diffusion of useful knowledge, they shall, by an instrument under their common seal, declare their approbation of the incorporation of the trustees of the school by the name specified in such application.1

$84. [Sec. 59.] The request in writing and instrument of approbation shall be recorded in the office of the clerk of the county in which such school shall be established.1

$85. [Sec. 60.] Immediately after recording the same the property and funds of such school shall be vested in the trustees so nominated, for the use and benefit of the school.2

$86. [Sec. 61.] The trustees of such school shall be a corporation by the name expressed in the instrument of approbation.2 S87. [Sec. 62.] The trustees of every such school, (besides the general powers and privileges of a corporation,) shall have authority:

1. To elect, by ballot, their president, treasurer and clerk, annually:

2. Upon the death, resignation, refusal to act, removal out of the state, or other vacancy in the office of any trustee, to elect another in his place:

3. To appoint a master, assistants and other necessary officers of the school:

4. To remove or suspend any of them at pleasure, and to fix their respective salaries or compensation:

5. To appoint the times and places of their own regular meetings, and to adjourn from time to time:

6. To take and hold any real or personal property, the clear yearly income or revenue of which shall not exceed the value of four thousand dollars:

7. To sell, mortgage, let and otherwise use and dispose of such property for the benefit of the school:

8. To make all ordinances and by-laws necessary and proper to carry into effect the preceding powers.

$88. [Sec. 63.] If any trustee shall refuse or neglect to attend the stated meetings of the trustees for four meetings successively, the office of such trustee may be declared vacant by the trustees.*

$ 89. [Sec. 64.] The trustees of any one or more common school districts in any city, town or village of this state, within which any incorporated Lancasterian or other select school is or shall be established, with the consent of a majority of the taxable inhabitants of such district or districts, expressed at a meeting called for

1 Laws of 1821, p. 54, § 1. 2 Id., § 2. Id., §§ 2, 3 and 4. 4 Id., §§ 4 and 5.

that purpose, may agree with the trustees of such incorporated ART. 7. school, to make the same a district school.1

a district

$90. [Sec. 65.] Such incorporated school shall, during the con- How made tinuance of such agreement, become a district school, and be school. entitled to all the benefits and privileges, and subject to all the regulations of other district schools.'

of regents.

$91. [Sec. 66.] Every school incorporated under the provisions Visitation of this article shall be subject to the control and visitation of the regents, and shall make such returns and reports in relation to the state and disposition of its property and funds, the number and ages of its pupils, and its system of instruction and discipline as the regents shall from time to time require.

[ARTICLE SEVENTH.

Of the State Normal School.]

Sec. 92. Certain moneys appropriated for the establishment of the normal school.

93. Moneys to be paid annually for its support.

94. To be under the supervision of the superintendent of common schools, and the regents of the university: executive committee of five.

93. Appropriation for building.

95. Erected under direction of executive committee, &c.

7. Supervision, management and government of the school.

98. Full reports of expenditures and of the condition of the school to be made.

99. Ten indian youth to be received as pupils.

100. How to be selected.

161. Not to be under sixteen years of age, nor to remain more than three years. 102. Executive committee to be guardians of Indian pupils.

163 Indian pupils to have equal privileges with other pupils.

104. Ten thousand dollars to be paid annually for the support of the school.

tion for a

school.

*S 92. The treasurer shall pay on the warrant of the comptrol- Approprialer, to the order of the superintendent of [public instruction,2] from normal that portion of the avails of the literature fund appropriated by chapter two hundred and forty-one of the Laws of one thousand eight hundred and thirty-four, to the support of academical departments for the instruction of teachers of common schools, the sum of nine thousand six hundred dollars; which sum shall be expendunder the direction of the superintendent of [public instruction,2] and the regents of the university, in the establishment and support of a normal school for the instruction and practice of teachers of common schools in the science of education and in the art of teaching, to be located in the county of Albany. [1844, ch. 311, § 1.]

be paid

$93. The sum of ten thousand dollars shall, after the present Amount to year, be annually paid by the treasurer on the warrant of the yearly. comptroller to the superintendent of [public instruction,2] from the revenue of the literature fund, for the maintenance and support of the school so established, for five years, and until otherwise directed by law. [Same ch., § 2.]

to be mana

394. The said school shall be under the supervision, manage- School how ment and government of the superintendent of [public instruction,2]ged and and the regents of the university. The said superintendent and governed. regents shall from time to time, make all needful rules and regulations, to fix the number and compensation of teachers and others to be employed therein, to prescribe the preliminary examination and the terms and conditions on which pupils shall be received and instructed therein, the number of pupils from the respective cities and counties, conforming as nearly as may be to the ratio of popu

Laws of 1821, p. 54, 56. 2" Public instruction" substituted for "common schools." VOL. II.

6

TITLE 1. lation, to fix the location of the said school, and the terms and conditions on which the grounds and buildings therefor shall be rented, if the same shall not be provided by the corporation of the city of Albany, and to provide in all things for the good government and management of the said school. They shall appoint a board consisting of five persons, of whom the said superintendent shall be one, who shall constitute an executive committee for the care, management and government of the said school under the rules and regulations prescribed as aforesaid, whose duty it shall be from time to time to make full and detailed reports to the said superintendent and regents, and among other things, to recommend the rules and regulations which they deem necessary and proper for the said school. [1844, ch. 311, 3.]

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$95. The treasurer shall pay on the warrant of the comptroller, to the order of the state superintendent of common schools, from the general fund, a sum not exceeding fifteen thousand dollars to be expended in the erection of a suitable building, for the accommodation of the state normal school for the instruction and practice of teachers of common schools, in the science of education and the art of teaching. [1848, ch. 318, § 1.]1

*$96. The said building shall be erected under the direction of the executive committee of the school, upon the ground owned by the state, and lying in the rear of the geological rooms. [Same ch. $ 2.]

97. The said school shall be as heretofore, under the supervision, management and government of the state superintendent of [public instruction2] and the regents of the university. The said superintendent and regents shall from time to time, make all needful rules and regulations, to fix the number and compensation of teachers and others to be employed therein; to prescribe the preliminary examination, and the terms and conditions on which pupils shall be received and instructed therein; the number of pupils from the respective counties conforming as nearly as may be to the ratio of population, and to provide in all things for the good government and management of the said school. They shall appoint a board consisting of five persons, of whom the said superintendent shall be one, who shall constitute an executive committee for the care, management and government of said school, under the rules and regulations prescribed as aforesaid, whose duty it shall be from time to time to make full and detailed reports to the said superintendent and regents, and among other things to recommend the rules and regulations which they deem necessary and proper for the said school. [Same ch., § 3.]

*

$98. The superintendent and regents shall annually transmit to the legislature a full account of their proceedings and of the expenditures of money under this and previous acts, together with a detailed report of the progress, condition and prospects of the school. [Same ch., § 4.]

* 99. The treasurer shall pay, on the warrant of the comptroller, to the order of the state superintendent of [public instruction,3]

1 "An act for the permanent establishment of the normal school." 2" Public instruction" sub. stituted for "common schools."

from the general fund, a sum not exceeding one thousand dollars _ART. 8. per year, for the support and education of ten Indian youth in the State Normal School, which moneys are hereby appropriated for the purpose of this act. [1850, ch. 89, § 1.]

ed.

100. The selection of such youth shall be made by the state How selectsuperintendent of [public instruction,] from the several Indian tribes located within this state; and in making such selection due regard shall be had to a just participation in the privileges of this act by each of the said several tribes, and if practicable, reference shall also be had to the population of each of said tribes in determining such selection. [Same ch., § 2.]

* 101. Such youth shall not be under sixteen years of age, nor To be sixshall any of such youth be supported or educated at said normal teen years school for a period exceeding three years. [Same ch., § 3.]

of age.

committee

ians.

$ 102. The executive committee of the state normal school Executive shall be the guardians of such Indian youth during the period of to be guardtheir connection with the school; and shall pay their necessary expenses not to exceed one hundred dollars per year for each pupil, to be defrayed out of the money appropriated by the first section of this act. [Same ch., § 4.]

equal privi

$103. The Indian pupils selected in pursuance of this act, and To enjoy attending said normal school, shall enjoy the same privileges of leges. every kind as the other pupils attending said school, including the payment of traveling expenses not exceeding ten dollars to each pupil. [Same ch., § 5.]

school.

S104. There shall be paid annually, in the manner provided Payment to by chapter three hundred and eleven of the Laws of one thousand support the eight hundred and forty-four, out of the income of the United States deposit fund, the sum of ten thousand dollars, for the support and maintenance of the state normal school, and the sum of one hundred and fifty dollars is hereby appropriated to the state normal school, for the purchase of instruments to be used in giving instruction in engineering and surveying. [1851, ch. 536, § 2.]'

[ARTICLE EIGHTH. Of Teachers' Institutes.2]

SEC. 105. Moneys to be paid for use of teachers' institutes.

106. How organized: advisory committee.

107. Committee to procure lecturers and keep account of oxpenses, &c.

108. County treasurer to pay over moneys to committee.

109 Catalogues and statistical information to be transmitted to the state superintendent of public instruction.

teachers' institutes.

§ 105. The treasurer shall pay, on the warrant of the comptrol- Money to be ler, to the order of the several county treasurers of this state, the paid for several sums of money hereinafter mentioned, not exceeding sixty dollars annually to any one county, from the income of the United States deposit fund, to be expended for the use and benefit of teachers' institutes as hereainfter provided. [1847, ch. 361, § 1.]

when to be

* 106. Whenever a majority of town superintendents of common Institutes, schools in any county in this state unite in a recommendation, and how and file with the county clerk thereof a certificate, signifying their organized. desire that a teachers' institute should be organized in such county,

1 The sum of $12,000 has been annually appropriated since the year 1854. 2 An act for the establishment of teachers' institutes, passed November 13, 1847, "three-fifths being present." • Office of town superintendent abolished

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