investments, and shall report a full statement and account of such rents, moneys and securities.

[R. S., pt. 1, ch. 15, tit. IV, § 2 rewritten and changed by substituting the supervisor in place of the trustee. See also Con. School Law, tit. II, § 22. (Page 17, § 22.)]

§ 396. Apportionment of gospel moneys by supervisor.-The supervisor of a town having moneys arising from the sale of gospel lands, and known as gospel funds, may apportion such moneys among the several school districts of his town when au thorized as follows:

1. If the fund does not exceed five hundred dollars, by the town board.

2. If the fund exceeds five hundred dollars, by the vote of a town meeting.

[L. 1895, ch. 232, §§ 1, 2, 3, rewritten and consolidated. (Page

149.)]

§ 397. Payment to treasurer; application of funds.-Where such apportionment is made, the supervisor shall pay to the treasurer of the several school districts or parts of joint districts in his town the pro rata share according to the aggregate school attendance of the town during the last preceding school year. Such moneys shall be used for the general purposes of the school. [L. 1895, ch. 232, §§ 4, 5, 6, rewritten and consolidated. (Page 149.)]

§ 398. Imposition of fine or penalty.-A fine or penalty imposed

on:

1. A school district officer for a violation of his official duty; or

2. Such officer or another person for any other violation of this chapter.

Is for the benefit of the district of which such person is an officer, or in which the offense was committed, and when collected shall be forthwith paid to the treasurer of the district and credited to its general fund.

A fine or penalty imposed upon any other school officer for a violation of his official duty, or for any other violation of this chapter shall, when collected, be paid forthwith to the state treas urer and credited to the free school fund.

[Con. School Law, tit. II, §§ 25, 27, 28 rewritten and consoli dated. (Pages 17, 18, §§ 25, 27, 28.)]

§ 399. Penalty for loss of state school moneys.-If in consequence of the wilful neglect of official duty of a school officer, any portion of state school moneys to which a town or district is or may be entitled is lost, such officer shall forfeit to such town or district the full amount of the loss with interest thereon.

[Con. School Law, tit. XV, § 1 rewritten. (Page 97, § 1.)]

§ 400. When school officer liable for penalty lost.-A school officer who wilfully refuses or neglects to sue for a penalty incurred for the benefit of a district, town, city, commissioner district, or county, forfeits the amount of such penalty to the same use, and it shall be recovered by his successor.

[Con. School Law, tit. XV, § 2 rewritten. (Page 97, § 2.)]

§ 401. When costs allowed to school officers. If a school district officer is instructed by a district meeting to bring, defend or continue an action or proceeding concerning any district matter, his costs and reasonable expenses, and all costs and damages adjudged against him, are a charge against the district. If the amount claimed by him is disputed by a district meeting, it shall be ad

justed by the county judge of a county in which any part of the district is situated, upon such notice as he may prescribe.

[Con. School Law, tit. XV, § 4 rewritten. (Page 97, § 4.)]

§ 402. When costs not allowed against officer.-In an action against a school officer in respect to his powers and duties under this chapter for any act performed by virtue of or under color of his office, or for a refusal or omission to perform the duties enjoined by law, and which action might have been the subject of an appeal to the superintendent, costs shall not be allowed to the plaintiff, if the court shall certify that it appeared on the trial that the defendant acted in good faith. This provision does not extend to actions for penalties, nor to actions or proceedings to enforce the decisions of the superintendent.

[Con. School Law, tit. XV, § 3 rewritten. (Page 97, § 3.)]

§ 403. When district may allow costs.-If an action or proceed ing is brought or defended without such instructions, the amount of such costs, expenses and damages, paid or incurred by the offi cer, may be audited and allowed by a district meeting, upon the presentation of a verified account, and the amount so allowed shall thereupon be a charge against the district. This provision shall not apply to an action for a penalty, nor to an action or proceeding to enforce a decision of the superintendent.

[Con. School Law, tit. XV, § 5 rewritten. (Page 98. § 5.)]

§ 404. Appeal from rejection by district meeting.-If any part of a claim presented under the last section is rejected, the officer may appeal from the action of the district meeting to the county judge of the county in which he resides, or if the county judge is disqualified or unable to act, to the district attorney. Notice of such appeal shall be given orally and publicly at the

meeting, and such meeting may thereupon appoint one or more qualified voters to represent the district on the appeal. The officer must within ten days thereafter serve upon the district clerk a copy of his account, together with a written notice that on a day therein specified he intends to present such account to the county judge or district attorney for settlement. The clerk shall record such notice and account. The persons appointed shall appear for the district before the county judge or district attorney at the time specified in the notice. The necessary expenses incurred by them are a charge against the district, and must be paid by the trustee upon the presentation of a verified account.

[Con. School Law, tit. XV, § 6 rewritten. (Page 98, § 6.)]

§ 405. Hearing of appeal.-The county judge or district attorney shall examine the matter and hear the proofs and allegations of the parties. A verified account is prima facie evidence of the correctness thereof. He shall determine by order what amount of the claim, if any, should be paid by the district. He may also allow to the officer costs and disbursements of the appeal, not exceeding thirty dollars. The decision of the county judge or district attor ney shall be final. The amount allowed upon such appeal is a charge upon the district. The order shall be filed by the district clerk, and entered in the records of the district.

[Con. School Law, tit. XV, §§ 7, 8, rewritten and consolidated. (Page 99, §§ 7, 8.)]

§ 406. Action on supervisor's bond.-An action upon the bond of a supervisor for school moneys shall be brought by the county treasurer in his name of office, and the amount recovered shall be paid over to the successor of the supervisor in default, upon his giving security therefor.

[Con. School Law, tit. II, part of § 17 rewritten. (Page 15, § 17.)]

§ 407. Suits for penalties.-A trustee or board of education shall sue for and recover fines and penalties incurred for the benefit of the district. A taxable voter of the district may present to the trustee or board of education a written verified complaint, and demand that an action be brought to recover such penalty. If the trustee or board of education neglects to bring an action within ten days after the presentation of the complaint, such taxable voter may bring the action in his own name, for the benefit of the district.

A district meeting or board of education may authorize the payment of the plaintiff's expenses, not exceeding one-half the penalty collected.

[This section is a substitute for Con. School Law, tit. III, § 4, sub. 9. (Page 20, sub. 9.)]

ARTICLE XVI.

INSTRUCTION OF THE BLIND, AND DEAF-MUTES.

Section 415. Free schools for the blind, and for deaf-mutes.

416. Jurisdiction of state superintendent.

417. School for the blind at Batavia.

418. Board of trustees.

419. Reorganization of board.

420. Officers of board; rules.

421. Appointment of local superintendent.

422. Powers and duties of treasurer.

423. Compensation of officers.

424. Records.

425. Estimate of expenses.

426. Custody of property.

427. Insurance of property.