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the ratio of the number of children capable of attending school, between the ages of five and sixteen years, in each district, a true list of which apportionment shall be made out, and a copy thereof filed with the trustees of the respective townships; it shall also be the duty of the town superintendent in each and every township, within ten days after his appointment, to receive from the town collector all moneys appropriated to school purposes, and who shall also enter into a bond to the inhabitants of said township, in their corporate name, with two good and sufficient securities, being freeholders and resident in said township, to be approved by the township committee; and the said town superintendent to pay over no money so appropriated as aforesaid, except upon the written order of the trustees, or a majority of them, which order shall state the purpose for which it is given, and be made payable to the order of the person entitled to receive the money, and endorsed by him; and the township collector is hereby authorized to pay over to the person so appointed town superintendent, all the money which he may receive, either from the county collector or collected by himself, and take a receipt therefor, which shall be sufficient evidence of such payment.

11. And be it enacted, That it shall and may be lawful for the trustees of two or more of the school districts in any township, city, or borough of this state, to unite and consolidate the respective quotas of the school money apportioned to them, for the purpose of establishing one or more free schools in said township, city, or borough; which school or schools, so determined upon, shall be under the supervision of the town superintendent, whose duty it shall be to determine what pupils shall be admitted, and upon what terms, and in general to discharge the office of trustees of such school or schools.

Free schools

may be esta

blished.

schools to re

money assigned

12. And be it enacted, That where the patrons or proprie- Patrons, &c., tors of any school already organized and established under the of organized care of any religious society or denomination of christians, ceive ratable whose church discipline provides for the establishment of proportion of schools and the appointment of trustees, are unwilling to re- to township. linquish such school, and become subject to all the provisions of this act, it shall be the duty of the trustees of said school to transmit to the town superintendent of their respective townships a certificate of their organization, together with a list of the children of such patrons and proprietors, between the ages of five and sixteen years, who are capable of attending school; whereupon every such school shall be entitled to receive its just and ratable proportion of the money assigned to said township out of the income of the school fund, and of such additional sum as may be raised or appropriated by said township for the support of public schools; which apportionment shall

annual report.

be made by the town superintendent of the respective town. ships, and a copy thereof filed with the township collector, whose duty it shall be to pay to the trustees of said school their just proportion of such moneys, for the use and benefit of said school.

13. And be it enacted, That it shall be the duty of the town Town superin superintendent in each and every township in this state to visit tendent to make every school in said township, at least once in every quarter, to examine into the condition of the same, to advise and consult with the trustees and teachers, and cause the result of such visit to be entered upon a book to be kept for that purpose in each and every school, and to make out a report in writing, and to transmit the same to the state superintendent of com mon schools on or before the fifteenth day of December, in each and every year, of the state and condition of the schools within their respective townships, the number of scholars taught therein, the terms of tuition, the length of time the school has been kept open therein, the amount of money received by him, and the manner in which it has been appropriated and expended, together with such other information as he may think necessary or may be required by the state superintendent, a copy of which report shall be read at the next annual town meeting; and in case the said town superintendent shall neglect glect or refusal. or refuse to make such report, he shall incur the penalty of ten dollars; the town superintendent of each and every township shall, within ten days after the expiration of his office, render to his successor in office a just and true account in writing of all school moneys received by him before the time of rendering such account, and of the manner in which the same has been appropriated and expended by him; and the account so rendered shall be delivered by such successor to the town clerk, to be filed in his office, and recorded by him in a book to be kept for that purpose; and if, on rendering such account, any balance shall be found remaining in the hands of the town superintendent, the same shall immediately be paid over by him to his successor in office; every town superintendent who shall refuse or neglect to render such an account as is above required, or neglect or refuse to pay over any balance in his hands, shall forfeit for each offence the sum of fifty dollars.

Penalty for no

State superin

bendent, his

ties.

14. And be it enacted, That there shall be a state superin tendent of public schools, whose duty it shall be to see that the laws respecting public schools are faithfully executed, and the powers and du moneys appropriated for their support fairly applied, to ascer tain from examination, and suggest from experience, such amendments or alterations in the school law as may be requir ed, to visit the different counties, and as far as practicable the different towns, and consult and advise with the county exa

miners, visitors, and town superintendents thereof, and, on or before the fifteenth day of January, in each and every year, to make a written report to the legislature, containing a statement of the condition of the public schools throughout the state, and such other matters as he may deem expedient; provided, that the provisions of this section shall not extend to any county in this state until the board of chosen freeholders of such county, desirous to come under the provisions of the same, shall first give notice to the trustees of the school fund of such desire; and upon and after the receipt of such signification by the secretary of state, the provisions of this section shall apply to and extend to such county.

pare forms, &c.

15. And be it enacted, That it shall be the duty of the state State superinsuperintendent of common schools to prepare suitable forms tendent to preand regulations for making all reports and conducting all proceedings prescribed by law in relation to public schools, together with a copy of all the acts in relation thereto, and to transmit the same, with such suggestions as he shall deem necessary and proper for their better organization and government, to the town superintendents of the several townships throughout the state; and the trustees of the school fund are hereby authorized to allow such sum as they may deem just and reasonable, as a compensation for the labour and expense attending the same, which sum shall be paid by the treasurer, on the order of the governor, out of any money in the treasury not otherwise appropriated.

16. And be it enacted, That the said town superintendents Compensation shall receive, as a compensation for the services required of to town superthem by this act, the sum of one dollar per day, to be paid to intendents. them by the township collector, out of the funds of the township; provided, that no compensation shall be paid by the said township collector, until the said town superintendents shall produce an acknowledgment of the state superintendent that he received from them a copy of the report required to be made by the preceding section of this act.

17. And be it enacted, That in the erection or alteration of a school district, the trustees of any district to be affected thereby, may apply to the township committee to be associated with the town superintendent, and their action shall be final.

to select books.

18. And be it enacted, That it shall be the duty of the trus- Trustees and tees, together with the town superintendent, to select such superintendent books as they shall deem proper to be introduced into the several schools of said township or district.

19. And be it enacted, That it shall be the duty of the clerk of the several boards of chosen freeholders in this state, to report to the state superintendent the names and residences of

P

Names of examiners and town

superintendent

to be reported to state super.

intendent."

Moneys, how

applied.

Compensation to state super

ntendent.

the persons appointed visitors and examiners in the different counties; and it shall also be the duty of the town clerk in each township in this state, to report to the state superintendent the name and residence of the person elected as town superintendent, within ten days after such election.

20. And be it enacted, That all moneys received by the town superintendent shall be applied exclusively to the purposes of education.

21. And be it enacted, That the state superintendent of common schools shall be appointed by the trustees of the school fund, and shall hold his office for two years.

22. And be it enacted, That all the penalties imposed by the provisions of this act, shall be enforced and collected by the Penalties, how township committee of the several townships in this state, and applied for the benefit of public schools in said townships.

collected and

applied.

23. And be it enacted, That this act shall go into effect immediately.

Approved, April 17, 1846.

AN ACT to provide for compensation to the revisors of the public statutes.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the treasurer of this state be, Compensation and he is hereby authorized to pay out of any moneys in the

to revisors.

To be in full.

treasury not otherwise appropriated, the sum of five hundred dollars, each, to the revisors, appointed by an act entitled. "An act to provide for revising the statute laws of this state,” approved April second, eighteen hundred and forty-five; and that when the remaining duties required of them by law shall have been completed, and the said revised statutes shall have been printed, with an appropriate index, to be prepared by them, with tabular statements to the titles and chapters, and delivered to the treasurer, the said treasurer be, and he is hereby authorized to pay to the said revisors the further sum of two hundred and fifty dollars, each, as a full compensation for their

services.

2. And be it enacted, That the above specified compensa tion shall be lieu and in full of the compensation provided or intended by the fourth section of the act entitled, "An act to provide for revising the statute laws of this state," approved April the second, eighteen hundred and forty-five.

Approved, April 17, 1846.

A further supplement to an act entitled, "An act securing to mechanics and others payment for their labour and materials, in erecting any house or other building within the limits therein mentioned," passed February twenty-fifth, eighteen hundred and twenty.

Contracts for

filed, &c.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That whenever hereafter any build- buildings in ing shall be erected within the territorial limits and bounds of Camden to be the city of Camden, by contract in writing, such contract shall be duly filed and recorded in the clerk's office of the quartersessions of the peace of said city of Camden; and payment to the contractor or contractors, according to the terms and conditions of such contract, shall discharge such building, and the owner thereof, from all liens filed under the act to which this is a further supplement, or under any of the supplements thereto; and the fourth section of the act to which this is a supplement be, and the same is hereby repealed.

2. And be it enacted, That this act shall take effect immediately.

Approved, April 17, 1846.

AN ACT Supplemental to "An act to establish public schools," and to repeal certain acts.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the school committees of the Town commitseveral townships, cities, boroughs, and wards in this state, tees to perform elected during the present year, shall perform the duties en- superintendents joined upon the town superintendents by the act entitled, "An

act to establish public schools," approved April seventeenth, eighteen hundred and forty-six.

2. And be it enacted, That the act entitled, "An act to es- Former acts retablish public schools," passed the first day of March, in the pealed. year of our Lord one thousand eight hundred and thirty-eight, and the several supplements thereto, be, and the same are hereby repealed; provided however, that such repeal shall not affect any act done, or right accrued or established, or any

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