The schools of the several incorporated orphan asylum societies (laws of 1850, chap. 261), other than those in the city of New York, participate in the distribution of the school-moneys in the same manner and to the same extent, in proportion to the number of children educated therein, as the common schools in their respective cities or districts. These schools are subject to the rules and regulations of the common schools in such cities or districts, but remain under the immediate management and direction of the said societies.

He

The superintendent of public instruction (laws of 1856, chap. 71) provides the means of education for all the Indian children in the state, and has to ascertain the condition of the various bands in respect to education. establishes schools in such places and of such character and description as he deems necessary, and employs superintendents for them; and, with the concurrence of the comptroller and secretary of state, causes to be erected, where necessary, convenient buildings for their accommodation. He endeavours to secure the co-operation of all the several bands of Indians; and for this purpose visits by himself or his authorised agent all the reservations where they reside, lays the matter before them in public assembly, inviting them to assist either by appropriating their public moneys to this object, or by setting apart lands and erecting suitable buildings, or by furnishing labour or materials for such buildings, or in any other way which he or they may suggest as most effectual for the promotion of this object. The Indian children between the ages of four and twenty-one years are entitled to draw public money the same as white children; and the superintendent causes an annual enumeration of them to be made, and sees that the public money to which they

are ratably entitled is devoted exclusively to their education.

The trustees elected in any town having lands assigned to it for the support of the Gospel or of schools, or of both, are a corporation for the purposes of their office, by the name of "The trustees of the Gospel and school lot," in that town for which they are elected. They give bond to the supervisor of the town, with penalty and sureties approved by him, for the faithful performance of their duties, which, besides the ordinary powers of a corporation, include—

1. To take and hold possession of the Gospel and school lot of their town.

2. To lease the same for such time not exceeding twenty-one years, and upon such conditions, as they deem expedient.

3. To sell the same, with the advice and consent of the inhabitants of the town in town meeting assembled.

4. To invest the proceeds of such sales in loans, secured by bond and mortgage upon unincumbered real property of the value of double the amount loaned.

5. To purchase the property so loaned upon, upon a foreclosure. 6. To reloan loans repaid.

7. To apply the rents and profits of such lots, and the interest of the money arising from the sale thereof, to the support of the Gospel and schools, or either, as may be provided by law, as thus provided.

8. To render a just and true account of such sales, interest, rents, and profits, and of the expenditure and appropriation thereof, on the Tuesday next preceding the annual town meeting in each year, to the board of auditors of the accounts of other town officers.

9. To deliver over to their successors in office all books, papers, and securities relating to the same, at the expiration of their respective offices; and—

10. To take therefor a receipt, which is filed in the clerk's office of the town.

The board of auditors in each town annually reports the state of the accounts of the trustees of the Gospel and school lots to the inhabitants at their annual town meeting.

By laws of 1853, chap. 185, if any child between the ages of five and fourteen years, having sufficient bodily health and mental capacity to attend the public schools, is found wandering in the streets or lanes of any city or incorporated village, idle and truant, without any lawful occupation, any justice of the peace, any police magistrate or justice of the district courts in the city of New York, on complaint thereof by any citizen on oath, and if, on examination, the complaint is satisfactorily established, may require the parent, guardian, or master to enter into an engagement in writing, to the corporate authorities, that he will restrain such child from so wandering about, keep such child on his own premises or in some lawful occupation, and cause such child to be sent to some school at least four months in each year, until he or she becomes fourteen years old,and in the justice's discretion security may be required. Should there be no parent, &c., or such parent, &c., refuse or neglect within a reasonable time to enter into such engagement and give such security, the justice, by warrant under his hand, commits such child to some suitable place which shall be provided by the corporate authorities of every city and incorporate village for the reception of every child which may be so committed, and for employment in some useful occupation, and for instruction in the elementary branches of an English education, and for proper support and clothing. Every child so received is kept in

such place until discharged by the overseers of the poor or the commissioners of the almshouse, and may be bound out as an apprentice by them or either of them, with the consent of any justice of the peace, or any of the aldermen of the city, or any trustee of the incorporated village where he may be, in the same manner, for the same periods, and subject to the same provisions in all respects as children whose parents have become chargeable on any city or town. It is the duty of police officers and constables to make complaints to a justice of the peace, on finding any child in the condition above described.

All parents and those who have the care of children shall (laws of 1874, chap. 421) instruct them or cause them to be instructed in spelling, reading, writing, English grammar, geography, and arithmetic; and every parent, guardian, or other person having control and charge of any child between the ages of eight and fourteen years shall cause such child to attend some public or private day school at least fourteen weeks in each year, eight weeks at least of which attendance shall be consecutive, or to be instructed regularly at home, at least fourteen weeks in each year, in spelling, reading, writing, English grammar, geography, and arithmetic, unless the physical or mental condition of the child is such as to render such attendance or instruction inexpedient or impracticable. No child under the age of fourteen years shall be employed by any person to labour in any business whatever without his schooling being attended to as prescribed by law. Should the parent or guardian be unable to provide the child with the necessary text-books, these are provided by the trustees of the school district, and paid for by the treasurer of the city, or the supervisor of the town.

If the person having control cannot induce a child to attend school for the fourteen weeks, and so state in writing to the trustees, such child is thereafter deemed and dealt with as a habitual truant, and such person is relieved from the statutory penalties. Two weeks' attendance at a half-time or evening school is for all purposes counted as one week at a day school.

Under the laws of 1861, chap. 253, there was organised and established in the harbour of New York city a nautical school for the purpose of educating boys in the learning and duty of seamanship and the science of navigation. This school is under the exclusive management and direction of five trustees, who hold office for five years, three of them being designated and appointed by the Chamber of Commerce of the city of New York, and the other two by the governor. These trustees make by-laws for the transaction of business; and determine the number, station, term of office, and duties of the officers proper for the management of said school and their compensation, and the manner and time of their appointment, and appoint the same. The trustees have power to receive all funds or property of the nautical school, and receive such boys as are sent to said school by their parents or guardians. Such boys, when received, are subject to such regulations of conduct and discipline as, in the judgment of the trustees, are best adapted to their proper government.

The trustees have control of

the schoolship of the institution, and exercise in relation thereto, and its care, supervision, and management, all necessary powers and duties. They can send any boy in education at such school on such voyage as they deem advisable for his proficiency and welfare, and may declare such sending a discharge from such institution. The trustees also determine the age at which a boy may be taken into the school, with the consent of his parents or guardian, and under what circumstances, and at what rates, fees for board and education and tuition may be charged and taken, and to extend to persons qualifying for stations beyond ordinary seamen the advantages of such school. This nau

tical school is at all times open to the inspection and examination of the state superintendent of public instruction, to whom a full report of its affairs is made at such time in the year as he designates. (Vide post, p. 569.)

In each of the state normal schools the course of study embraces instruction in industrial or freehand drawing; and the board of education of each city shall cause free instruction to be given in industrial or freehand drawing in at least one department of the schools under their charge. Unless excused therefrom by the superintendent of public instruction, the board of education of each union school free school district, incorporated by special Act of the legislature, shall cause similar free instruction to be given in the schools under their charge. (Laws of 1875, chap. 322.)

GRAMMAR, PRIMARY, AND EVEN-
ING SCHOOLS.
There is in the city of New York

a Board of Education which, under that designation, has full control of the public schools and the public school system of the city, subject

only to the general Statutes of the state upon education. This board consists of 21 commissioners of common schools appointed by the mayor, and they hold office during three years, 7 being appointed each year. They shall hold no other office of emolument under the city, state, or national governments, except the offices of notary public and commissioner of deeds. The city is divided into eight school districts. On the first Wednesday in November in each year, the mayor appoints in each school district one inspector of common schools, who takes office on the 1st day of January next succeeding, and holds office for three years. The mayor fills vacancies in the offices of commissioner and inspector for the unexpired term. On the first Wednesday in December in each year, the Board of Education appoints one trustee for each ward, to hold office for five years from the 1st day of January then next. They must be residents of the ward for which they are severally appointed. Vacancies are filled by the Board of Education for the unexpired term. The members of the Board of Education meet on the second Wednesday of January in each year, and organise, electing one of their number president, and thereafter they meet for the transaction of business as often as they may determine.

The board has ample powers conferred upon it by statute, and can hold real and personal property for the purpose of public education in the city of New York. It can appoint a city superintendent of schools, and also a superintendent of school buildings, and regulate their respective❘ duties, powers, salaries, and terms of office with certain restrictions. It can appoint principals and viceprincipals for the grammar, primary, and evening schools under its control, upon the written nomination of a

majority of the trustees of the ward. Should the persons nominated by the trustees for principal or vice-principal not be appointed by the Board of Education within twenty days after nomination, the Board of Education has the sole power, after that period, by a majority of the whole number in office at a general meeting or a special meeting called for that purpose, to select and appoint such principal or vice - principal. The Board of Education can organise an institution for females similar to the free academy, as the same existed in 1851. With the consent of the majority of the trustees of the ward, or without such consent, by a vote of two-thirds, the Board of Education can discontinue any grammar, primary, evening, or coloured school, and may authorise the establishment of a new school upon the application of a majority of the trustees for the ward. The board must decide finally, within thirty-five days after the application was presented to it; and if it should omit to do so or deny the application, the trustees may appeal to the state superintendent of public instruction, whose decision in the matter is binding upon all the parties, and, if adverse to the application, there shall be no renewal thereof during one year next thereafter.

The Board of Education possesses the powers and privileges of a corporation for its special purposes, and it is its duty

1. To apportion all the schoolmoneys raised for current annual expenses to the schools entitled to participate therein.

2. To file with the city chamberlain, on or before the first Monday of April in each year, a copy of their apportionment, stating the amount apportioned to the schools under the charge of the board, and to the trustees, managers, and directors of the several schools.