[General note.—The law relating to apportionment and distribution of public funds for common schools has been rewritten and rearranged in this article. A definition of the free school fund is inserted, which it is thought will obviate the necessity of repetitions in appropriation bills and other statutes. The general plan of apportionment has been retained.]

§ 200. Free school fund.-The free school fund consists of:

1. All moneys raised by state tax for school purposes.

2. All moneys borrowed to supply deficiencies in the payment of the state school tax.

3. The income of the common school fund and of the United

States deposit fund appropriated for common schools.

4. All other moneys paid into the state treasury for the benefit

of common schools.

[New in form.

Subdivisions 1 and 2 based upon Con. School

Law, tit. II, § 4. Subdivisions 3 and 4 are new.] (Page 10, § 4.)

§ 201. Temporary loans for deficiencies.-Whenever, after the first day of March in any year, in consequence of the failure of any county to pay such moneys on or before that day there shall be a deficiency of moneys in the treasury applicable to the payment of school moneys, to which any other county may be entitled, the treasurer and superintendent of public instruction are hereby authorized to make a temporary loan of the amount so deficient, and such loan, and the interest thereon at the rate of twelve per cent. per annum, until payment be made to the treasury, shall be a charge on the county in default, and shall be added to the amount of state tax, and levied on such county by the board of

supervisors thereof at the next ensuing assessment, and shall be paid into the treasury in the same manner as other taxes.

[Con. School Law, tit. II, part of § 3, rewritten without intended change. The remainder of § 3 is included in § 210 of the revision.] (Page 9, § 3.)

§ 202. Apportionment of free school fund.-The state school moneys subject to apportionment and disbursement by the superintendent consist of the portions of the free school fund appropri ated for the support of common schools. Within the first twenty days of January in each year the superintendent shall apportion such moneys, except school library moneys, as follows:

1. To each city, eight hundred dollars.

2. To each village which has a population of five thousand, as shown by the latest state census or federal or village enumeration, eight hundred dollars.

3. To each union school district which has a population of five thousand, and which employs a superintendent of schools, eight hundred dollars. The population must be determined by the su perintendent and for that purpose an enumeration may be taken, at the expense of the district, or any other authorized enumeration may be adopted by him.

The apportionment shall not be made under either of the last three subdivisions, unless the superintendent is satisfied that such city, village or district employs a competent superintendent, who devotes his time exclusively to the public schools. An apportionment under either of the first three subdivisions of this section is

known as a supervision quota.

4. For a contingent fund, not less than six thousand nor more

than ten thousand dollars.

5. From the remainder to each city and district entitled thereto one hundred dollars; but a city or district is not entitled to such sum, unless it has made the reports required by law; nor unless the public school therein has been taught by a qualified teacher for at least one hundred and sixty school days during the last preceding school year, except that a holiday occurring on a day which would otherwise be a school day, and the time, not exceeding three weeks, during which a teacher is attending a teachers' institute in the county, shall be counted as a part of the required period.

The sum apportioned by this subdivision is known as a district quota.

6. To each such district, for each additional qualified teacher and his successors, by whom the school has been taught during the whole of said period, one hundred dollars; but pupils employed as monitors or otherwise shall not be deemed teachers.

7. The remainder to the several counties according to their respective population by a ratio to be ascertained by dividing such remainder by the population of the state as shown by the latest federal census or state enumeration; except that for the purpose of this apportionment The City of New York shall be considered one county. A separate apportionment shall also be made for each city wholly within a county.

[Con. Schoo! Law, tit. II, §§ 4, 5, 6, 7, rewritten and condensed. The subject of school library apportionment is omitted, and the proposed plan for the payment of state school library moneys is stated in section 759 of revision. The law which required the apportionment of library money by the school commissioners and the payment of it to the county treasurer has been changed, and the school library fund under this plan will be distributed directly by the state superintendent on application from any district entitled to share in it. There will be no apportionment in the ordinary sense, but payments will be made to districts as they apply, if funds are available.]

(Page 10, §§ 4, 5, 6, 7.)

§ 203. Certificate of apportionment.-The superintendent, imme diately on the completion of an annual apportionment, shall certify it to the county clerk, county treasurer, school commissioners and the city treasurer or chamberlain in every city; and if it is a supplemental apportionment, to the county clerk, county treasurer and school commissioners of the county affected.

[Con. School Law, tit. II, § 11, rewritten without intended change.]

(Page 13, § 11.)

§ 204. Moneys, when payable.-The moneys so annually apportioned by the superintendent shall be payable on the next succeeding first day of April to the treasurers of the several coun

ties, and the comptroller of the city of New York.

[Con. School Law, tit. II, § 12, rewritten without intended change.]

(Page 13, § 12.)