them by said section, the chapter therein referred to is here given in full. As the section transfers the duties theretofore discharged by "Commissioners of Common Schools" upon Supervisors, I have, in transcribing that chapter, enclosed the word, "Supervisors" in brackets, immediately succeeding "Commissioners of Common Schools," wherever those words occur therein.

CHAPTER 287, LAWS 1829.

An act relative to moneys in the hands of Overseers of the poor.

Money, how to be appropriated. § 1. It shall be lawful for the inhabitants of any town in such counties as have abolished the distinction between county and town paupers, and in such counties as may hereafter abolish such distinctions at any annual or special town meeting, to appropriate all or any part of the moneys and funds remaining in the hands of the Overseers of the Poor of such town after such abolition, to such objects and for such purposes as shall be determined on at such meeting.

School fund. § 2. If any such meeting shall appropriate such money or funds for the benefit of common schools in their town, the money so appropriated shall be denominated "The Common School Fund of such town," and shall be under the care and superintendence of the Commissioners of Common Schools [Supervisor] of said town.

Money and securities to be delivered to Supervisor. §3. If any such meeting shall appropriate such money or funds for the benefit of common schools, after such appropriation shall have been made and after the Commissioners of Common Schools [Supervisor] shall have taken the oath of office, the Overseers of the Poor of such town shall then pay over and deliver to the said Commissioners [Supervisor] such moneys, bonds, mortgages, notes and other securities remaining in their hands as such Overseers of the Poor, as will comport with the appropriation made for the benefit of common schools of their town.

Suits. 4. The said Commissioners [Supervisor] § may sue for and collect, in their name of office, the money due or to become due on such bonds, mortgages, notes or other securities, and also all other securities by them taken under the provisions of this act.

Permanent school fund. § 5. The moneys, bonds, mortgages, notes and other securities aforesaid, shall continue and be a permanent fund, to be denominated the common school fund of the town appropriating the same, the annual interest of which shall be applied to the support of common schools in such towns, unless the inhabitants of such town, in annual town meeting, shall make a different disposition of the whole of the principal and interest, or any part thereof, for the benefit of the common schools of such town.

Loans on bond and mortgage. § 6. The Commissioners of Common Schools [Supervisor], whenever the whole or any part of the principal of said fund shall come to their hands, shall loan the same on bond secured by a mortgage on real estate, of double the value of the moneys so loaned, exclusive of buildings or artificial erections thereon.

Foreclosure of mortgage. § 7. The said Commissioners of Common Schools [Supervisor] may purchase in the estate on which the fund shall have been secured, upon the foreclosure of any mortgage, and may hold and convey the same for the use of said fund.

Interest, how to be applied. § 8. The said Commissioners of Common Schools [Supervisor] shall retain the interest of said common school fund, which shall be distributed and applied to the support of common schools of such town, in like manner as the public money for the support of common schools shall be distributed by law. Supervisor to account annually. 9. The said Commissioners of Common Schools [Supervisor] shall account annually, in such manner and at such time as town officers are required by law to account, and shall deliver to their successors in office all moneys, books, securities and papers whatsoever, relating to said fund, and shall take a receipt therefor, and file the same with the Town Clerk.

CHAPTER V.

OF DUTIES PERFORMABLE BY SUPERVISOR INDIVIDUALLY-DUTIES UNDER

SCHOOL LAWS.

91. To sue for penalties and forfeitures. § 92. Renewal of warrant for school tax. $93. Apportionment of school moneys.

§ 94. His duties in relation thereto.

$95. Alteration in school districts-with forms.

§ 96. Duties on dissolution of school districts.

§ 97. As to taxes in districts embracing parts of several towns. $98. He may call school meetings-when-with forms.

99. Eligibility of women to vote at school meetings.

§ 100. His duties in connection with Town Clerk.

§ 101. He may hold property in trust for schools.

§ 102. Actions against school officers.

$103. To apportion value of railroads, etc.

§ 104. Duties under act relating to compulsory education. § 105. Duties as to deaf mutes.

§ 106. Application of parents, etc.

§ 107. His duty thereon.

§ 108. May send pupils to Western N. Y. Inst. for deaf mutes. § 109. May send pupils to Northern N. Y. Inst. for deaf mutes. § 110. Forms for that purpose.

§ 91. Supervisor's duty to sue for penalties and forfeitures. It is the duty of every Supervisor: By his name of office, when the duty is not elsewhere imposed by law, to sue for and recover penalties and forfeitures imposed for violation of this act, and for any default or omission of any town officer or school district board or officer under this act; and after deducting his costs and expenses, to report the balance to the School Commissioners. Laws 1864, chap. 555, title IV., § 6, 9; 2 R. S. (8th ed.)

1283.

§ 92. Supervisors consent to renewal of warrant.

Whenever more than one renewal of a warrant for the

collection of any tax list may become necessary in any district, the trustees may make such further renewal, with the written approbation of the Supervisor of any town in which a school-house of said district shall be located, to be indorsed upon such warrant. Laws 1864, chap. 555, title VII., §87, as amended by Laws, 1867, chap. 406.

Renewal of warrant for school tax.

With the written approbation of the Supervisor of the town of Elma we hereby renew the within (or above) warrant as to delinquents for the period of thirty days from this day.

Dated Elma this day of

1888.
HARVEY J. HURD,
JOHN BLACK,

SAM'L EWING,

Trustees of School District No. 2, in Town of Elma.

The approbation of the Supervisor may be in following form:

I hereby approve and consent to a further renewal of the within (or above) warrant for the period of thirty days from this date.

Dated Elma this

day of 1888.

MYRON H. CLARK. Supervisor of Town of Elma.

The consent of the Supervisor is necessary only where two or more renewals are sought. The first renewal does not require his consent.

§ 93. Certificate to Supervisor of apportionment of school moneys.

They [the School Commissioners] shall certify to the Supervisor of each town, the amount of school moneys so appropriated to his town, and the portions thereof to be paid by him for library purposes and for teachers' wages, to each such distinct separate neighborhood, district and part of a district. Laws 1864, chap. 555, title III., § 27, ¶ 10; 2 R. S. (8th ed.) 1281.

§ 94. Supervisor's duty in relation thereto.

On receiving the certificate of the Commissioners, such Supervisor shall forthwith make a copy thereof for his own use, and deposit the original in the office of the Clerk of his town; and the moneys so apportioned to his town shall be paid to him immediately on his compliance with the requirements of the next section, and not before. Laws 1864, chap. 555, title III., § 30.

For form of bond required by the next section to be given by Supervisor before he can receive the school moneys see § 38, supra.

§ 95. Alterations in school districts.

With the written consent of the Trustees of all the districts affected thereby, he [the School Commissioner] may, by order, alter any school district within his jurisdiction, and fix, by said order, a day when the alteration shall take effect. Laws 1864, chap. 555, title VI., § 2, as amended by Laws 1867, chap. 406.

If the Trustees of any such district refuse to consent, he may make and file with the Town Clerk his order, making the alteration, but reciting the refusal, and directing that the order shall not take effect, as to the dissenting district or districts, until a day therein to be named, and not less than three months after the notice in the next section mentioned. Ibid., § 3.

Within ten days after making and filing such crder, he shall give at least a week's notice in writing to one or more of the assenting and dissenting Trustees of any district or districts to be affected by the proposed alterations, that at a specified time and at a named place within the town in which either of the districts to be affected lies, he will hear the objections to the alteration. The Trustees of any district to be affected by such order, may request the Supervisor and Town Clerk of the town or towns within which such district or districts shall wholly or partly lie, to be associated with the Commissioner At the time and place mentioned in the notice, the Commissioner or Commissioners, with the Supervisors and Town Clerk, if they shall attend and act, shall hear and