teachers who shall have devoted their entire time to teaching in such manual training school or department. II. He shall apportion to the several school districts of the county the remainder of said moneys on the basis of the total days' attendance of all pupils enrolled in the public schools thereof as ascertained from the last published report of the Commissioner of Education. For the purpose of such apportionment an attendance upon an evening school shall be counted as one-half day's attendance. If a school in any district shall, on account of contagious disease, destruction of the schoolhouse by fire or otherwise, or for other good reason, be closed, for the purpose of this apportionment, such school shall be deemed to have been in session, and the total days' attendance upon such school for the time it shall have been closed as aforesaid shall be determined by dividing the actual total days' attendance of the pupils enrolled in such school by the number of days such school shall have been actually in session, and multiplying the quotient thus obtained by the number of school days such school shall have been closed. Apportionance of school ment of bal moneys. In case of closed evening and schools. Balance paid P. L. 1903, Special session. 206. (183.) On or before the fifteenth day of September in each year the custodian of the school moneys of collector. each school district shall pay to the County Collector the balance of moneys apportioned to said district by the County Superintendent of Schools, which may then be in his hands to the credit of said district, and shall report forthwith to the County Superintendent of Schools the amount thus paid over, and the County Collector shall. on or before the first day of October in each year, report to the County Superintendent of Schools of his county the amount of money received by him by virtue of the provisions of this section, and said County Superintendent of Schools shall thereupon reapportion such Reapporamount among all the school districts in said county. The sum thus reapportioned shall be paid immediately by the County Collector to the several custodians of the school moneys of said districts on the orders of the tionment. Proviso. County Superintendent of Schools, and shall be available for the then current school year. The sum thus reapportioned to any district shall be in addition to the sum apportioned to such district by the County Superintendant of Schools for said school year; provided, that the County Superintendent of Schools may, for good cause shown, allow any such balance to remain in the hands of the custodian of the school moneys of such district to the credit of such district, and such balance may thereafter be used and expended by the Board of Education of such school district for the purpose of paying teachers' salaries and fuel bills, or, by and with the written consent of the County Superintendent of Schools, for the improvement of schoolhouses and grounds, the purchase of school furniture, or for any other purpose connected with the schools of such district. (a) ARTICLE XVIII. Custodian of school moneys. Ibid. Orders Proviso. CUSTODIAN OF SCHOOL MONEYS. 207. (184.) In each school district there shall be a custodian of school moneys, who shall receive and hold in trust all school moneys belonging to such school district, whether received from the State appropriation, State school tax, district tax, appropriation, or from other sources, and shall pay out the same only on orders signed by the president and district clerk or secretary of the Board of Education. Each order shall specify the object for which it shall be given, and shall be made payable to the order of and shall be indorsed by the person entitled to receive the amount named therein; provided, that in the payment of teachers' salaries a pay-roll, certified by the president and district clerk or secretary of the Board of Education, stating the names of the teachers and the amount to be paid to each, may be delivered to the cus (a) For railroad tax see sections 290 to 295. todian of school moneys, accompanied by one order or warrant, drawn to his order, for the full amount of said pay-roll, in which case said custodian shall deliver to said district clerk or secretary individual checks payable to the order of said teachers. Said custodian shall pay over the balance of school funds remaining in his hands to his successor in office. He shall keep in the books provided for that purpose a record of the sums received Annual and paid out by him. At the close of the school year he shall transmit to the Board of Education of the district a report showing the amounts received and disbursed by him for school purposes during said year, and shall file a duplicate of such report with the County Superintendent of Schools. (a) report. Municipal custodian funds. 208. (185.) The person designated by law as the custodian of the moneys belonging to the municipality in which the school district shall be situate, or the collector, when designated by such Board of Education, shall be the custodian of the school moneys of such district, and shall receive such compensation as the township committee, common council, or other governing body of such municipality shall determine, which compensation shall be paid by said township committee, common council or other governing body from the funds of the township. incorporated town, borough, city or other municipality, and the bonds given by said collector or other person Bond. for the faithful performance of his duty as such officer, shall be held to cover and secure the faithful performance of his duty as custodian of school moneys, and the bondsmen thereon shall be liable therefor; and his bondsmen shall remain and be legally bound for the faithful performance of his duties as such custodian until the final settlement of his accounts; nothing in this article shall be construed as giving to the township committee, common council or other governing body of any municipality any control over moneys belonging to the school district in the hands of the custodian of the (a) See foot-notes to section 100. Moneys held in trust. Joint school district. Payment of moneys to custodian. P. L. 1903, Special session. school moneys of said district, but said money shall be held by such custodian in trust, and shall be paid out by him only on orders legally issued and signed by the president and district clerk or secretary of the Board of Education; any ordinance, by-law or resolution of a township committee, common council or other governing body of any municipality attempting to control such moneys, or which shall in any way prevent the custodian of the school moneys of the school district from paying the orders of the Board of Education as and when they shall be presented for payment shall be absolutely void and of no effect; whenever any school district shall contain more than one municipality the Board of Education may appoint a suitable person as custodian of school moneys of said district, and may fix his salary and term of office. Such custodian shall give bonds for the faithful discharge of his duties in such amount and with such sureties as said board shall direct, but such bonds shall be for a sum not less than the amount apportioned to said district by the County Superintendent of Schools; until the appointment of a custodian of school moneys by the Board of Education, the collector or other person residing in the municipality situate in such school district having the largest amount of taxable property shall be custodian of the school moneys of such district. (a) 209. (186.) The collector or treasurer of each municipality in which a school district shall be situate, shall pay to the custodian of the school moneys of such school district the amount ordered to be assessed, levied and collected in such municipality for the use of the public schools therein exclusive of the State school tax, on the requisition or requisitions of the Board of Education. (b) (a) Money raised and placed in the hands of an officer for a specific purpose cannot be lawfully applied to any other purpose. Hoboken v. Ivison, &c., 5 Dutcher 65. (b) A township collector is not required to pay over to the township committee taxes which he is directed by the legislature to pay over to other persons or to retain in his own keeping as their official custodian. Hardyston v. Harden, 39 Vr. 76. Ibid. 210. (187.) Whenever there shall have been estab- Sinking fund. lished a sinking fund for the payment of school bonds and there is no officer or body designated by law as the custodian of the funds belonging to such sinking fund, the custodian of the moneys of the corporation which shall have issued such bonds shall be the custodian of the securities and moneys belonging to such fund, and the bondsmen on his bond as such custodian shall be liable for the safekeeping of said fund. 211. (188.) Whenever any order for payment of the current expenses of a public school shall be drawn and issued by any Board of Education on the custodian of the school moneys of such district, and there shall be no funds in the hands of such custodian to pay the same, such order shall bear legal interest until such time as said custodian shall have funds to pay the same, of which fact he shall give public notice, whereupon said interest shall cease. 212. (189.) If any custodian of the school moneys of any school district shall fail to make and transmit his report to the Board of Education of the district, or shall fail to make and transmit his report to the County Superintendent of Schools on or before the first day of August in any year, he shall forfeit to said school district the sum of ten dollars for each day thereafter until he shall have made and transmitted his report to the Board of Education of the district and to the County Superintendent of Schools. Said sum shall be sued for and collected by the district clerk or secretary of the Board of Education of said district in any court of competent jurisdiction. ARTICLE XIX. STATE NORMAL SCHOOL. 213. (190.) State normal schools shall be maintained for the purpose of training and educating persons in the Wien school interest. orders draw Ibid. Penalty for school making custodian of moneys not report. p. 329. |