BOARD OF EDUCATION; PROPERTY UNDER ITS CARE AND CONTROL; IN WHAT NAME SUITS BROUGHT

Section 1055. The title to all property, real and personal, now or that may hereafter be acquired for school or educational purposes, except the State Normal School at Jamaica, and also the title to all property, real and personal, purchased for school or educational purposes with any school moneys, whether derived from the issue of bonds or raised by taxation in The City of New York, shall be vested in The City of New York, as constituted by this act, but shall be under the care and control of the board of education as provided in this act, for the purposes of public education, recreation and other public uses. Suits in relation to such property shall be brought in the name of the said board of education. The said City of New York shall have power to take and hold any property, real or personal, devised or bequeathed or transmitted to it for the purposes of education in said city; but such property shall be under the care and control of the board of education as provided by this act, for the purposes of public education, recreation and other public uses in said city.

NOTE-Chapter 466, Laws of 1901, became a law April 22, 1901, with the approval of the Governor.

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SCHOOL AGE OF CHILDREN

Section 1056. The schools of the said city under the management and control of the board of education shall be free to all persons over four and under twenty-one years of age residing in said city, but under such regulations not in conflict with the general school law of the State, as the board of education shall prescribe, provided, however, that no child under six years of age shall be received in said schools except in kindergarten classes.

BOARD OF EDUCATION; SUCCEEDS TO TRUSTS OF PUBLIC SCHOOL SOCIETY Section 1057. All the trusts held by or vested in the public school society of The City of New York, as heretofore organized and existing in compliance with the provisions of an act entitled, "An act relative to common schools in The City of New York," passed the fourth day of June, one thousand eight hundred and fifty-three, which have not been conveyed by the said society, and all the rights, powers and duties of said society, which yet remained therein, shall continue and be vested in the board of education of The City of New York, which board is, and shall be held to be the lawful successors of said society in the execution of every trust.

BOARD OF EDUCATION SUCCEEDS TO DUTIES AND POWERS OF FORMER BOARDS, ETC.

Section 1058. Subject to the provisions of this act, and so far as is consistent therewith, the board of education of The City of New York, as created by the terms and provisions of this act, shall be subject to all the duties, possess all the rights and exercise all the powers respectively held by the board of education, the school boards of the several boroughs and the inspectors of common schools on the day when this act takes effect, excepting such duties, rights and powers as shall devolve upon the local school boards as provided in this act. The powers, duties and functions of all the school boards in the several boroughs within The City of New York, as they have heretofore been constituted, shall cease and determine, and their offices shall be abolished, on the first Monday of February, nineteen hundred and two, and the board of education, as constituted by this act, shall thereupon succeed to such powers, and become subject to such functions and duties as provided by this act.

MONEY TO CONDUCT SCHOOLS TO BE RAISED BY TAXATION

Section 1059. The board of estimate and apportionment and the board of aldermen of The City of New York may raise and collect by tax, on the estates, real and personal, liable to taxation in said city, such sum of money as may be necessary to provide for the conduct of the schools as called for by the budget adopted by the said board of estimate and apportionment and the said board of aldermen pursuant to the provisions of this act.

SPECIAL AND GENERAL SCHOOL FUNDS; ALL MONEYS TO BE ADMINISTERED BY BOARD OF EDUCATION

Section 1060. All moneys raised for educational purposes in The City of New York shall be raised in two funds, to be known as the special school fund and the general school fund, respectively. The general school fund shall consist of all moneys raised for the payment of salaries of the city superintendent, associate city superintendents and district superintendents, members of the board of examiners, attendance officers, lecturers and all members of the supervising and teaching staff, throughout all boroughs, in conformity with section ten hundred and ninety-one of this act. The special school fund shall contain and embrace all moneys raised for educational purposes not comprised in the general school fund. It shall be the duty of the board of estimate and apportionment and of the board of aldermen to indicate in the budget in raising the special school fund the respective amounts thereof which shall be available for use in the several boroughs. The general school fund shall be raised in bulk, and for the city at large. The board of education shall have power to administer and shall administer all moneys appropriated or available for educational purposes in The City of New York.

BOARD OF EDUCATION; HOW CONSTITUTED; PRESIDENT; VACANCIES; MEMBERS TO SERVE WITHOUT PAY

Section 1061. There shall be in The City of New York as constituted by this act, a board of education, which shall have the management and control of the public schools and of the public school system of the city, subject only to the general statutes of the state relating to public schools and public school instruction, and to the provisions of this act. The board of education of The City of New York shall consist of forty-six members, twenty-two being residents of the borough of Manhattan; four of the borough of The Bronx; fourteen of the borough of Brooklyn; four of the borough of Queens, and two of the borough of Richmond. The members of the board of education shall be appointed by the mayor and hold office for the term of five years. On the first Monday of February, in the year

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nineteen hundred and two, and in every year thereafter, the said board of education shall organize by electing one of its members as president of the board, who shall preside at its meetings, and shall have the same power to vote thereat as any other member, but who shall not have the power of veto. Any vacancy in the office of members of the board of education, caused by death, resignation, or otherwise, shall be filled by appointment by the mayor for the unexpired term, subject to the provisions as to the residence of such members hereinbefore set forth. On the third Monday of January, nineteen hundred and two, the mayor shall appoint members of the board of education to serve until the dates hereinafter specified, namely: In the borough of Manhattan, five members until January first, nineteen hundred and three; five members until January first, nineteen hundred and four; four members until January fir** nineteen hundred and five; four members until January first, nineteen hundred and six; and four members until January first, nineteen hundred and seven. In the borough of Brooklyn, three members until January first, nineteen hundred and three; three members until January first, nineteen hundred and four; three members until January first, nineteen hundred and five; three members until January first, nineteen hundred and six; and two members until January first, nineteen hundred and seven. In the borough of The Bronx, one member until January first, nineteen hundred and three; one member until January first, nineteen hundred and five; one member until January first, nineteen hundred and six; and one member until January first, nineteen hundred and seven. In the borough of Queens, one member until January first, nineteen hundred and three'; one member until January first, nineteen hundred and five; one member until January first, nineteen hundred and six; and one member until January first, nineteen hundred and seven. In the borough of Richmond, one member until January first, nineteen hundred and four; and one member until January first, nineteen hundred and seven. In the month of November prior to the expiration of the respective terms of office of the members of the board of education, appointed as aforesaid, the mayor shall appoint their successors to serve for the full term of five years from the first day of January following. The terms for which such appointments are made shall be designated in the certificates of appointment of such • members. A change of residence by a member of the board of education from the borough from which he is appointed shall vacate his office. Members of the board of education shall serve without pay, and shall hold no office of emolument under the county, state or municipal government, except the offices of notary public or commissioner of deeds or offices in the national guard.

ID.; TO POSSESS POWERS AND PRIVILEGES OF A CORPORATION

Section 1062. For the purposes of this chapter, the board of education of The City of New York shall possess the powers and privileges of a corporation.

ID.; TO APPOINT AN EXECUTIVE COMMITTEE; POWERS OF COMMITTEE

Section 1063. It shall be the duty of the board of education in the month of February, nineteen hundred and two, and in each year thereafter in the month of July to appoint a standing committee of fifteen members of the board, who shall, subject to the approval of the board, constitute an executive committee for the care, government and management of the public school system of the city, subject to the by-laws of the board of education. At least one member of such committee shall be selected from each borough. The said board of education may by its bylaws confer upon said committee power to perform any of the administrative powers of the board. It shall be the duty of said executive committee to perform such duties as the board of education may by by-law prescribe. The board of education may, at any regular meeting thereof, by a majority of all the members of the board, remove any or all the members of the said committee, and appoint other members of the board to the vacancies thus created. Said executive committee shall meet at least once in each month. All reports of committees of the board appointed under its by-laws shall be presented to the executive committee for its consideration and action before being presented to the board, unless otherwise ordered by the board. The president of the board shall be ex officio the chairman of the executive committee.

ID.; TO BE REPRESENTATIVE OF SCHOOL SYSTEM; TO SUBMIT ESTIMATE FOR ENTIRE SCHOOL SYSTEM

*Section 1064. The board of education shall represent the schools and the school system of The City of New York before the board of estimate and apportionment, and before the board of aldermen, in all matters of appropriations in the budget of the city for educational purposes, and in all other matters, and shall in general, be the representative of the school system of the city in its entirety. On or before the fifteenth of September in each year it shall submit an estimate in detail of the moneys needed for the entire school system of the city, during the next succeeding calendar year, to the board of estimate and apportionment for its action. The