drafts upon him for the purchase of books and school apparatus during such year, and the manner in which such moneys have been expended.

3. The number of children taught in the district school or schools during such year by qualified teachers, and the sum of the days' attendance of all such children upon the school.

4. The number of children residing in the district on the thirtieth day of June previous to the making of such report, and the names of the parents or other persons with whom such children did respectively reside, and the number of children residing with each.

5. The amount of money paid for teachers' wages, in addition to the public money paid therefor, the amount of taxes levied in said district for purchasing school-house sites, for building, hiring, purchasing, repairing and insuring school-houses, for fuel, for district libraries, or for any other purpose allowed by law, and such other information in relation to the schools and the district as the superintendent of public instruction may, from time to time, require.

$86. Employment of School Teachers.- Trustees have power to contract with and employ all teachers in the district school or schools, but no person who is within two degrees of relationship by blood or marriage to any such trustee shall be so employed, except with the approval of two-thirds of the voters of such district present and voting upon the question at an annual or special meeting of the district; nor shall any sole trustee of a district make any contract for the employment of a teacher in and for said school district beyond the close of the school term commencing next preceding the expiration of his term of office, and continuing not longer than sixteen weeks, except with the approval of a majority of the voters of such district present and voting upon the question at an annual or special meeting of the district; nor shall the trustees of any school district, having three or more trustees, make any contract for the employment of a teacher or teachers for more than one year in advance. Nor shall any trustee or trustees employ any teacher for a shorter time than sixteen weeks, unless for the purpose of filling out an unexpired term of school; nor shall any teacher be dismissed in the course of a term of employment, except for reasons which, if appealed to the superintendent of public instruction, shall be held to be sufficient cause for such dismissal. Any failure on the part of a teacher to complete an agreement to teach a term of school without good reason therefor, shall be deemed sufficient ground for the

revocation of the teacher's certificate. Any person employed in disregard of the foregoing provisions shall have no claim for wages against the district, but may enforce the specific contract made against the trustee or trustees consenting to such employment as individuals.

Id., § 49, subd. 9, as amended by chap. 328, Laws of 1889.

§ 87. District Taxes, how Apportioned.—School district taxes shall be apportioned by the trustees upon all real estate within the boundaries of the district which shall not be by law exempt from taxation, except as hereinafter provided, and such property shall be assessed to the person or persons, or corporation owning or possessing the same at the time such tax list shall be made out, but land lying in one body and occupied by the same person, either as owner or agent for the same principal, or as tenant under the same landlord, if assessed as one lot on the last. assessment-roll of the town after revision by the assessors, shall, though situated partly in two or more school districts, be taxable in that one of them in which such occupant resides. This rule shall not apply to land owned by non-residents of the district, and which shall not be occupied by an agent, servant or tenant residing in the district. Such unoccupied real estate shall be assessed as non-resident, and a description thereof shall be entered in the tax list. The trustees shall also apportion the district taxes upon all persons residing in the district, and upon all corporations liable to taxation therein, for the personal estate owned by them and liable to taxation. They shall also apportion the same upon non-resident stockholders in banks or banking associations situated in their districts for the amount of stock owned by them therein, and upon individual bankers doing business in their district in accordance with the provisions of chapter seven hundred and sixty-one of the laws of one thousand eight hundred and sixtysix.

Id., § 66.

§ 88. Supervisor may Consent to Renewal of Warrant for School Tax.- Whenever more than one renewal of a warrant for the collection of any tax list or rate bill 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.

2 R. S. 1175, § 87, tit. 7, chap. 555, Laws of 1864.

The first renewal may be made by trustees, without consent of supervisor. The second and subsequent renewals require his consent.

§ 89. Form of Renewal.

With the approbation of the supervisor of the town of

we hereby renew

the within (or foregoing) warrant in respect to delinquents for the period of thirty days.

The supervisor is to approve of the same, in writing, under the above.

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

In an action brought to recover damages for taking and selling plaintiff's wagon, defendant claimed to have taken the property as a collector of school taxes under a warrant issued to him on the 30th day of October, 1885. Upon the trial it appeared that a few days after the warrant had expired it was renewed by an indorsement made thereon by the trustee in the following words: " Renewed for ten days." On November 3d the trustee wrote upon it the additional words: "Renewed for twenty days from the time it ran out." The levy was made November 5, and the wagon sold on November 12. The court below held that, as the sale was made after the ten days had expired, it was not authorized by the first renewal, and that the second renewal was void for want of the written approval of the supervisor indorsed thereon, as required by the statute.

The General Term held that the court below erred in so doing, that the words of limitation added to the first renewal, being unauthorized by the statute, were to be treated as surplusage, and that the renewal was to be regarded as the issuing of a new warrant of the same force and effect, in all respects, as the original warrant, and that the collector was, therefore, protected by it in making the levy and sale.

Baker v. Lee, 41 Hun, 591. See, also, Duntley v. Davis, 25 N. Y. Week. Dig. 297;
S. C., 42 Hun, 229.

The cases on "Renewals of Warrants" are collated and discussed in 41 and 42 Hun, supra.

§ 90. Certain Duties and Powers of the Supervisor Abolished.— His consent is not necessary to the changing of site, or removal of a school-house. His power to fill vacancy in office of trustee was abolished by chapter 331, Laws of 1887, nor is his concurrence necessary in order to condemn a schoolhouse.

Chap. 592, Laws of 1887.

§ 91. Duty of Town Clerk.— It is the duty of the town

clerk, under the school law, to report to the supervisor any loss of or injury to any books, maps, papers and records of his office touching common schools; to receive from the supervisor the certificates of apportionment of school moneys to the town, and record them in a book to be kept for the purpose; forthwith to notify the district trustees of the filing of such certificates; to receive from the supervisor and record the annual account of the receipts and disbursements of school moneys required to be submitted to the town auditors, together with the action of the town auditors thereon, and to send a copy thereof by mail to the superintendent of public instruction, whenever so required by him, and to file and preserve the vouchers accompanying the accounts. To receive and record in the same book the supervisor's final account of the school moneys received and disbursed by him, and deliver a copy thereof to the successor in office of such supervisor. To receive from the outgoing supervisor, and file and record in the same book, the county treasurer's certificate that his successor's bond has been given and approved.

Laws of 1864, chap. 555, tit. 5; 2 R. S. 1156.

There are other duties of the town clerk in connection with common schools, but the above are the ones pertaining to his duties so far as the supervisor is con cerned.

§ 92. Supervisor to sue for Penalties and Forfeitures imposed by Laws relating to Schools. It is the duty of the 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 violations 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 balances to the school commissioner.

Laws of 1864, chap. 555, tit. 4, § 6, subd. 9; 2 R. S. 1155, § 6, subd. 9.

§ 93. Certificate of Apportionment of School Moneys by School Commissioner. The school commissioner shall certify to the supervisor of each town, the amount of school moneys apportioned 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 dis

trict.

Id., tit. 3, § 27, subd. 10; 2 R. S. 1153.

§ 94. Duty of Supervisor.— On receiving the certificate of the commissioners, each 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.

Id., § 30.

"The requirements of the next section are the giving of the bond, etc. The law may be found at section 23, "second," ante.

§ 95. Who May Vote at School Meeting. Every person of full age residing in any neighborhood or school district, and entitled to hold lands in this State, who owns or hires real property in such neighborhood or school district liable to taxation for school purposes, and every resident of such neighborhood or district who is a citizen of the United States above the age of twentyone years, and who is the parent of a child or children of school age, some one or more of whom shall have attended the district school for a period of at least eight weeks within one year preceding, and every such person not being the parent who shall have permanently residing with him or her such child or children, and every such resident and citizen as aforesaid, who owns any personal property assessed on the last preceding assessment-roll of the town, exceeding $50 in value, exclusive of such as is exempt from execution, and no others, shall be entitled to vote at any school meeting held in such neighborhood or district.

§ 12, tit. 7, chap. 555, Laws of 1864, as amended by chap. 655, Laws of 1886.

§ 96. Supervisor to call District School Meeting, when.- Whenever the time for holding the annual meeting in school districts shall pass without such meeting being held in any district, a special meeting shall thereafter be called by the trustees, or by the clerk of such district, for the purpose of transacting the business of the annual meeting; and if no such meeting be called by the trustees or the clerk within twenty days after such time shall have passed, the supervisor or superintendent of public instruction may order any inhabitant of such district to give notice of such meeting in the manner provided in the second section of this title, and the officers of the district shall make to such meeting the reports required to be made at the annual meeting, sub