§ 395. Apportionment of gospel moneys by supervisor. The supervisor of a town having moneys arising from the sale of gos pel lands, and known as gospel funds, may apportion such moneys among the several school districts of his town when authorized 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, chap. 232, §§ 1, 2, 3, rewritten and consolidated without intended change.] (Page 150.) § 396. 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, chap. 232, §§ 4, 5, 6, rewritten and consolidated without intended change.] on: (Page 150.) § 397. Imposition of fine or penalty.—A fine or penalty imposed 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 forth with paid to the treasurer of the district and credited to its general fund. A fine or penalty imposed on 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 consolidated without intended change.] (Pages 17, 18, §§ 25, 27, 28.) § 398. 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 dis trict the full amount of the loss with interest thereon. [Con. School Law, tit. XV, § 1, rewritten without intended change.] (Page 97, § 1.) § 399. 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 without intended change.] (Page 97, § 2.) § 400. 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. [Based on Con. School Law, tit. IV, § 4, sub. 9, but mostly new.] (Page 20, sub. 9.) § 401. Report of fines and penalties.-Every district attorney shall report annually to the board of supervisors all fines and penalties imposed in any prosecution conducted by him during the previous year; and all moneys collected or received by him or by the sheriff, or any other officer, for or on account of such fines or penalties, shall be immediately paid into the county treasury, and the receipt of the county treasurer shall be a sufficient and the only voucher for such money. [Con. School Law, tit. II, § 26, unchanged in substance.] (Page 18, § 26.) § 402. 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, on such notice as he may prescribe. [Con. School Law, tit. XV, § 3, rewritten without intended change.] (Page 97, § 4.) § 403. 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 without intended change.] (Page 97, § 3.) § 404. When district may allow costs.—If an action or proceeding 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, on 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 without intended change.] (Page 98, § 5.) § 405. 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 on 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 on the presentation of a verified account. [Con. School Law, tit. XV, § 6, rewritten without intended change.] (Page 98, § 6.) § 406. 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 |