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2. The number of Indian children between five and twenty-one years of age.

3. The average daily attendance. 4. The expenses of each school.

5. The names and residences of the local superintendents and the territory under their supervision.

6. Such other facts and recommendations as he may deem important in relation to Indian schools. [Con. School Law, tit. XV, § 38, but mostly new. (Page 108,

§ 38.]

§ 381. When Indian pupils may attend common school.-An Indian child may attend a common school in the district in which he resides, unless an Indian school is maintained therein, in which case he may so attend only with the permission of the state superintendent.

[Con. School Law, tit. VII, § 37, rewritten without change in

substance. (Page 45, $ 37.)]

§ 382. Indian children may take regents' examination. A child who is a pupil in an Indian school may, upon the certificate of the local superintendent, enter, without charge, a regents' examination at any time or place. [New.]

ARTICLE XV. TRUSTS FOR SCHOOLS; GOSPEL AND SCHOOL LOTS; FINES AND

PENALTIES.

Section 390. Property in trust for common schools.

391. Execution and supervision of trusts.
392. Oficers and boards to report trusts.
393. Report of fines and penalties.
394. Trustees of gospel and school lots.

Section 395. Powers and duties of supervisors.

396. Apportionment of gospel moneys by supervisor.
397. Payment to treasurer; application of funds.
398. Imposition of fine or penalty.
399. Penalty for loss of state school moneys.
400. When school officer liable for penalty lost.
401. When costs allowed to school officers.
402. When costs not allowed against school officer.
403. When district may allow costs.
404. Appeal from rejection by district meeting.
405. Hearing of appeal.
406. Action on supervisor's bond.
407. Suits for penalties.

[General note.— The law relating to trusts for common schools has been retained without material change. The statute relating to gospel and school lots has been revised and condensed and it is believed contains sufficient provisions on this subject. There are a few of these lots still left in different parts of the state and provision is made here for the gradual absorption of this class of property by the schools.]

§ 390. Property in trust for common schools.— Real and personal property may be granted, conveyed, devised, bequeathed and given in trust and in perpetuity or otherwise, to the state, or to the superintendent of public instruction, for the support or benefit of the common schools within the state, or within any part or portion of it, or of any particular common school or schools within it; and to any county or of any city or board of officers thereof, or the school commissioner or commissioners, or to any town, or supervisor of a town, or to any school district or its trustee for the support and benefit of common schools within such county, city, commissioner district, town or school district, or within any part or portion thereof respectively, or for the support and benefit of any particular common school or schools therein. No such grant, conveyance, devise or bequest shall be held void for the want of a named or competent trustee or donee, but where no trustee or donee, or an incompetent one is named, the title and trust shall rest in the people of the state, subject to its acceptance by the legislature, but such acceptance shall be presumed. [Con. School Law, tit. II, § 19, unchanged in substance.

(Page 16, § 19.)]

§ 391. Execution and supervision of trusts. The legislature may control and regulate the execution of all such trusts; and the superintendent of public instruction shall supervise and advise the trustees, and hold them to a regular accounting for the trust property and its income and interest at such times, in such forms, and with such authentications, as he shall from time to time prescribe. [Con. School Law, tit. II, § 20, unchanged in substance.

(Page 17, $ 20.)]

§ 392. Officers and boards to report trusts. The common council of every city, the board of supervisors of every county, the trustees of every village, the supervisor of every town, the trustee of every school district, and every other officer or person who shall be thereto required by the superintendent of public instruction or the regents, shall report to him or them whether any, and if any, what trusts are held by them respectively, or by any other body, officer or persons to their information or belief for public

school purposes, and shall transmit, therewith, an authenticated .copy of every will, conveyance, instrument or paper embodying or creating the trust; and shall, in like manner, forth with report to him the creation and terms of every trust subsequently created.

[Con. School Law, tit. II, § 21, unchanged in substance.

(Page 17, S 21.)]

§ 393. Report of fines and penalties.-Every district attorney shall report annually to the board of supervisors all such fines and penalties imposed in any prosecution conducted by him during the previous year; and all moneys collected or received by him or by the sheriff, or any other officer, for or on account of such fines or penalties, shall be immediately paid into the county treasury, and the receipt of the county treasurer shall be a sufficient and the only voucher for such money.. [Con. School Law, tit. II, § 26, unchanged in substance.

(Page 18, § 26.)]

§ 394. Trustees of gospel and school lots.—The supervisor of cach town shall continue vested with the powers and charged with the duties heretofore vested in and charged upon the trustees of gospel and school lots of the several towns. rCon. School Law, tit. III, SS 1, 2. This section is a substi.

tute for the present law. (Pages 18 and 19, $S 1, 2.)]

$ 395. Powers and duties of supervisors. The supervisor of each town shall, subject to the provisions of the next section:

1. Take and hold possession of the gospel and school lots in his town.

2. Lease the same for such time, not exceeding twelve years, and upon such conditions as he shall deem expedient.

3. Sell the same, when authorized by a vote of the inhabitants of the town at a town meeting, at such price and upon such terms: as he shall deem most advantageous.

4. 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. Purchase at his option upon foreclosure, and hold the property so mortgaged, and convey it whenever necessary.

6. Reloan the amount of such loans paid to him upon the like security.

7. Apply the rents and profits of such lots, and the interest of the money arising from the sale thereof, to the support of the schools as may be provided by law.

8. Render to the town board an accurate account of the proceeds of the sales and the interest on the loans thereof, and of the rents and profits of such gospel and school lots, and of the expenditure or appropriation thereof, on the last Tuesday next preceding the annual town meeting in each year.

9. Deliver to his successor in office, all books, papers and securities relating to the sale, at the expiration of his term, and take therefor a receipt, which shall be filed in the town clerk's office.

10. Report to the superintendent whether there is in his town a gospel or school lot, describe the same, state to what use, if any, it is put by the town, and whether it is leased, and if so, to whom, for what term, and upon what rent; and whether the town holds or is entitled to any rent, moneys or securities arising from any sale from such gospel or school lot, and the investment of the proceeds thereof, and of the rents and income of such lots and

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