may be entitled from the appropriation of the incomes of the school fund and the United States deposit fund for the support of common schools, until satisfactory evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been collected and paid or accounted for to the state treasurer.

[Con. School Law, tit. II, first part of § 3, unchanged in substance. (Page 9, § 3.)]

§ 211. Withholding public money. The superintendent may withhold any share of the public money of the state from any district for willfully disobeying any decision, order, rule or regu lation made by him, or when otherwise authorized by law.

[Con. School Law, tit. I, last sentence of § 13, unchanged in substance. (Page 8, § 13, last sentence.)]

§ 212. Apportionment by school commissioners. The school commissioners annually on the third Tuesday of March, at the county seat, shall apportion and divide the free school fund and other school moneys as follows:

1. They shall set apart to each city, village and district entitled thereto the several supervision quotas, district quotas, and the library appropriation as fixed by the superintendent.

2. To every district which did not participate in the apportionment of the preceding year, and which the superintendent shall have excused, such equitable sum as he shall have allowed to it. 3. The sum to which a county is entitled shall be apportioned among the districts and parts of districts therein, according to a ratio to be ascertained by dividing such sum by the aggregate

number of days of attendance in such districts and parts of districts.

The aggregate days of attendance must be ascertained by adding together the whole number of days attendance of resident pupils of school age, and also of resident children over four years of age who shall have attended any free kindergarten legally estab lished in the district.

4. All sums in the county treasury to which the county or a city, town, village or district therein is entitled by gift, grant, devise or otherwise, for use in the payment of teachers' wages, shall be included in the apportionment. If such moneys belong to a county, they shall be added to the amount apportioned to the county by the superintendent. If they belong to any particular district, they shall be set apart and credited to it. If they belong to a town, they shall be added to the sum otherwise apportioned to the town, and the whole sum shall be apportioned to the several districts and parts of districts therein, according to a ratio based upon the aggregate attendance.

[Con. School Law, tit. II, § 13, rewritten. (Page 13, § 13.)]

§ 213. Certificate of apportionment.-They shall sign, in duplicate, a certificate, showing the amounts apportioned and set apart to each school district and part of a district, and the towns in which they are situated, and shall designate therein the source from which each item was derived; and shall forthwith deliver one of said duplicates to the treasurer of the county and transmit the other to the superintendent of public instruction.

[Con. School Law, § 13, sub. 8, unchanged in substance. (Page 15, sub. 8.)]

§ 214. Certificate to supervisor.-They shall certify to the supervisor of each town the amount of school moneys so apportioned to his town, and the portions thereof to be paid by him for library purposes and for teachers' wages, to each such distinct district and part of a district.

[Con. School Law, tit. II, § 13, sub. 9 unchanged in substance. (Page 15, sub. 9.)]

§ 215. Certificate to be filed.-On receipt of the apportionment of the commissioner, the supervisor shall forthwith make a copy thereof for his own use and deposit the original in the office of the clerk of his town. The moneys appropriated to the town shall be paid to the supervisor immediately on the delivery by him to the county treasurer of the bond herein required.

[Con. School Law, tit. II, § 16, rewritten. (Page 15, § 16.)]

§ 216. Supervisors' bond for school moneys.-Within ten days after the receipt by the supervisor of the certificate of apportionment, he shall execute and deliver to the county treasurer in behalf of the town his bond to the people of the state, with two or more sufficient sureties approved by the treasurer, in the penalty of at least double the amount of the school moneys, set apart or apportioned to such town, and also of all such moneys which he has received or is entitled to receive from his predecessor, conditioned that he will safely keep, disburse and account for such moneys, and of all other school moneys that may come into his hands from any other source. A supervisor appointed to fill a vacancy is not enti tled to receive school moneys from his predecessor until he delivers to the treasurer a like bond in a penalty double the amount which he is entitled to receive from such predecessor. The moneys in the hands of such predecessor shall be paid upon the delivery to him

by his successor, of a certificate of the county treasurer, showing that the bond herein required has been filed. Upon such payment the treasurer's certificate shall be immediately filed with the town clerk.

[Con. School Law, tit. II, § 17,

Con. School Law, tit. III, § 4, subs. 7 and 8 rewritten and consolidated. (Pages 15, 20, §§ 17, 4, subs. 7 and 8.)]

§ 217. When commissioner may appoint person to disburse money. If a supervisor neglects to give a bond for school moneys within the time herein required, the school commissioner may ap point another officer or resident of the town as custodian to receive and disburse such school moneys, and upon his giving the bond required herein of a supervisor, he shall be entitled to receive such moneys, and shall be subject to all the duties and liabilities herein imposed upon a supervisor, in relation thereto. The reasonable compensation of such custodian for his services must be audited by the board of supervisors and is a town charge.

[Con. School Law, tit. II, § 18, rewritten and changed so that upon the neglect of the supervisor to give the bond required, the school commissioner may appoint some other town officer or resident of the district to disburse the school moneys. (Page 16, § 18.)]

§ 218. Application of state school moneys.-The state school moneys, except the amount appropriated for libraries, must be applied exclusively to the payment of the wages of qualified teachers, or for expenses of transportation and tuition under contracts for the education of pupils in other districts.

[Con. School Law, tit. II, § 4 rewritten. (Page 10, § 4.)]

§ 219. Disposition of school moneys by supervisor.-The school moneys received by the supervisor must be paid by him to the treas urer of the district to which it is apportioned, upon the delivery to him of a copy of the treasurer's bond certified by the clerk of the town.

[Con. School Law, tit. III, § 4, rewritten. (Page 19, § 4.)]

§ 220. Certain orphan schools to share in apportionment.— Except as limited in section four of article nine of the constitution, the schools maintained by incorporated orphan asylum societies other than those in The City of New York, shall participate in the apportionment and distribution of state school moneys in the same manner, under the same conditions, and to the same extent, as the common schools. Such schools shall be subject to the rules and regulations governing common schools, but shall continue under the immediate management and direction of the several societies. Such a school is deemed a district in the county in which it is situated for the purpose of apportionment, except that it is not entitled to a supervision or district quota, but shall be included in the apportionment based upon attendance.

[Con. School Law, tit. XV, §32, rewritten. (Page 107, § 32.)]

ARTICLE IX.

COMPULSORY EDUCATION.

Section 230. Definitions.

231. Who must attend school.

232. Duty of parent.

233. State truant schools.

234. Local truant schools.

235. Joint truant schools.

236. Contracts with truant schools.

237. Truant districts.