upon any such claim until three months have elapsed after the presentation of the claim to the common council. Nothing contained in this section shall be held to repeal or modify any existing requirement or statute of limitations which is applicable to this class of actions, but, on the contrary, shall be held to be an additional requirement to the right to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the city any greater duty or obligation than that it shall keep its streets and public places in a reasonably safe condition for public use and travel. The place of trial of all actions or proceedings against the city or any of its officers, boards or departments, shall be the county of Albany.

§ 163. It shall be the duty of every member of the police force of the city, observing or having any knowledge of any accident from which a cause of action might arise against the city, to forthwith report the facts of such accident to the corporation counsel; and upon the request of the corporation counsel, the chief of police shall detail some member of the force to aid the corporation counsel in the investigation of claims against the city for injuries to person or property.

ARTICLE XII.

DEPARTMENT OF EDUCATION.

Section 165. Board of education.

166. Appointment of school commissioners.
167. Chairman of the board of education.

168. Vacancies in office of school commissioners.

169. Eligibility to office of school commissioner.

170. Meetings of board of education.

171. Superintendent of schools and librarian.

172. Duty of city chamberlain as to custody and collection

of school moneys.

173. Payment of school moneys.

174. Powers of board of education.

175. Sale of schoolhouses.

176. Admission of pupils to schools.

177. Annual report to *state superintendent.

178. Annual statement to be published.

Section 179. Basis for distribution of state moneys.

180. Estimated expenses to be reported to mayor.
181. *Increased estimate.

182. Academy or high school.

183. Bids to be received for work and materials.

184. Members of board not to receive compensation or

to be interested in contracts.

§ 165. Board of education. The public schools within the city of Watervliet shall be under the management and control of a board of education to be styled "the board of education of the city of Watervliet."

§ 166. Appointment of school commissioners. The mayor, within ten days after the passage of this act, shall appoint five school commissioners. He shall appoint one of these commissioners for a term ending January fifteenth, in the year nineteen hundred and twelve, one for a term ending January fifteenth, in the year nineteen hundred and thirteen, one for a term ending January fifteenth, in the year nineteen hundred and fourteen, one for a term ending January fifteenth, in the year nineteen hundred and fifteen, and one for a term ending January fifteenth, in the year nineteen hundred and sixteen. The mayor shall thereafter annually, between the first and the fifteenth day of January, appoint one school commissioner for a term of five years, who shall enter upon the term of his office on the sixteenth day of January, succeeding his appointment. The terms of office of the school commissioners now in office shall cease and terminate upon the appointment of the school commissioners provided for in this section.

§ 167. Chairman of the board. The board of education shall hold a meeting annually on the second Tuesday in January for the purpose of organization and at such meeting shall elect one of their number chairman of such board. In case of the absence of the chairman from the city or his inability from any cause to attend a meeting of such board the other members present may appoint one of their number chairman pro tempore of such meeting. § 168. Vacancies in office of school commissioner. All vacancies in the office of school commissioner occasioned by death, resignation, removal or otherwise, shall be filled by appointment by the mayor.

§ 169. Eligibility to office. No officer of the city of Watervliet, except commissioner of deeds, shall be eligible to the office of school commissioner under this act, and the acceptance of any such office by any such commissioner shall vacate his office as such school commissioner. Any member of the board of education may, for neglect of duty, or for either immoral or official misconduct, be removed from office by the said board of education by a vote of two-thirds of said board; but before final action thereon, a written copy of the charges preferred against said member shall be served upon him, and he shall be allowed an opportunity to explain or refute them. Any member of said board may resign his office by giving one month's previous notice, in writing, to the board of education, who may, if they deem the reason sufficient, accept the same.

§ 170. Meetings of the board. The board of education shall meet for the transaction of business as often as once in each month, and may adjourn for any shorter time. Special meetings may be called by the mayor, or, in case of his absence or inability to act, by any member of the board, as often as necessary, by giving personal notice in writing to each member of the board, or by mailing a written or printed notice to his address, at least twenty-four hours before the time of such special meeting. A majority of the board shall constitute a quorum for the transaction of business. § 171. Superintendent of schools and librarian. The board of education shall appoint a superintendent of schools and a librarian, who shall hold office during the pleasure of the board, and whose compensation shall be fixed by the board. The superintendent shall be, ex officio, secretary of the board, and shall keep a record of the proceedings of the board, and perform such other duties as the board may prescribe. The librarian shall have full charge of the library or libraries of the district, and may appoint such assistants as may be necessary, from time to time, and such assistants may be removed at any time by the board of education. The record of the board of education, or a transcript thereof, certified by the secretary, shall be received in all courts as prima facie evidence of facts therein stated, and such record, the books, accounts, vouchers and papers of the said board shall at all times be subject to the inspection of the people of said city, and a transcript thereof may be taken.

$172. Duty of city chamberlain as to custody and collection of school moneys. All moneys raised by virtue of this act, or received

from any other source for the use of the public schools in said city, shall be safely kept by the chamberlain of the city of Watervliet to the credit of the school fund, until drawn as hereinafter provided for, and he shall, at the proper time in each year, draw upon the county treasurer, or other proper officer, for all moneys appropriated to said city or the schools in said city from the common school, literature or other funds of this state; and he is hereby authorized to receive the same.

§ 173. Payment of school moneys. The chamberlain shall pay out the moneys received by him only upon drafts drawn by the chairman and countersigned by the secretary of the board of education, which drafts shall not be drawn except in pursuance of a resolution or resolutions of said board, and shall be payable to the person or persons entitled to receive the money thereon. The chamberlain, when required to do so by the board of education, shall make to them a written statement of the moneys received and disbursed by him on their account, together with the amount in his hands at the time of such statement.

§ 174. Powers of board of education. The said board of education shall have power and it shall be their duty:

1. To organize, establish and maintain such and so many schools in said city, including the common schools now existing therein, as they shall deem requisite and expedient, and to alter and discontinue the same.

2. To purchase and hire schoolhouses and rooms, lots or sites for schoolhouses, and to fence and improve them.

3. Upon the lots and sites owned by said city, build, enlarge, alter, improve and repair schoolhouses, outhouses and appurtenances as they may deem expedient.

4. To purchase, exchange, improve and repair school apparatus, books for indigent pupils, furniture and appendages, and to provide for fuel for the schools and to pay the necessary insurance on buildings and school property.

5. To have the custody and safekeeping of the schoolhouses and all school property, and to see that the regulations of the board in relation thereto be observed.

6. To contract with and employ all teachers in said schools and for sufficient cause to remove them.

7. To pay the salaries of such teachers out of the money appropriated or provided by law for the support of public schools in said city, or by this act.

8. To defray the necessary contingent expenses of the board and to pay the salaries of the superintendent and librarian.

9. To license teachers employed in the schools of said city as provided in the education law, but no teacher heretofore duly licensed under the provisions of the education law, to teach within the territory of the city of Watervliet, shall be required to take out any other license to qualify said teacher in any of the schools of said city, until the expiration of the license now held by said teacher.

10. To have, to the exclusion of all boards and officers, except the commissioner of education of this state, and the regents of the university, the entire supervision and management of the schools of said city, and to maintain therein an academy or high school; from time to time to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for the organization, government and instruction of said schools, and for the reception of pupils and their transfer from one class to another or from one school to another, and generally for their good order, prosperity and utility.

11. Whenever, in the opinion of said board, it may be advisable to sell any of the schoolhouses, lots or sites, or any of the school property now, or hereafter, belonging to the city, to report the same to the common council.

§ 175. Sale of schoolhouses, et cetera. The common council of said city may, upon the recommendation of the board of education, sell any of the schoolhouses, lots or sites, or any other school property now or hereafter belonging to said city, upon such terms as the said board of education may deem reasonable. The proceeds of all such sales shall be paid to the chamberlain of the city, and shall be by the said board of education again expended in the construction, repairs or improvements of other schoolhouses, lots, sites or school furniture, apparatus or appurtenances.

§ 176. Admission of pupils to schools. The schools herein provided for shall be free to all pupils between the age of five and twenty-one years who are actual residents of said city. The board of education shall decide all questions of residence arising under this section. The said board may allow the children of non-residents to attend the schools of said city and shall prescribe the rates of tuition of such non-residents, payable always in ad

L. 1909, ch. 21, as generally revised and amended by L. 1910, ch. 140. See $ 555.