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Chap. 60.

AN ACT to establish a free school in district number three in the town of Newtown.

Passed March 16, 1850, "three-fifths being present."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

trict No. 3

manent.

§ 1. School district number three in the town of New-School dis town, in the county of Queens, shall form a permanent declared perschool district, and shall not be subject to alteration by the town superintendent of common schools for the town in which Isaid district is situated.

§ 2. The said district shall be under the direction of a Board of board, to be styled "The Board of Education," which board Education. shall consist of five members, three or more of whom shall constitute a quorum for the transaction of business. John B. Reboul, Daniel R. Remsen, Roe H. Smith, Nathaniel Fil- Their term bey and Albert O. Whittemore, shall compose the first board of office. of education, and shall hold their office from one to five years, that is to say, one shall go out of office in each year, and in the order in which their names stand recorded in this section. § 3. At the annual meeting of said district in each year, there shall be elected, for five years, one member of said How elecboard of education, who shall be a resident and taxable inhabitant of said district. Said election, and all other elections provided for by this act, shall be held by three inspectors, who shall be appointed by the board of education at least thirty days preceding such election, and shall be by ballot, and conducted in the same manner as the annual election of village officers.

ted.

board.

§ 4. The said board of education may make all necessary Powers and by-laws for their government: they shall have the entire duties of the control and management of all the common schools within the said district, and all the property belonging to the same; and they shall have and possess within the said district all the rights, powers and authority of town superintendent of common schools, and they shall provide for keeping a school in said district at least six months in each year, and as much longer as may be practicable. They may appoint a collector, with all the powers and duties of a district collector, or may employ the town or village collector for that purpose; and such collector shall collect and pay over the Collector. school moneys assessed upon said district, to the treasurer

May levy $1000.

Yearly tax.

Fees for collection.

Moneys to be paid to

treasurer

Annual

district.

Report of

of the board of education, in the same manner and under the same conditions as is imposed by the laws of the town or village of which he is such collector. They shall require two of the members of said board to visit each school in said district at least once in each week, to render such assistance to the teachers and advice to the pupils as may be necessary, and to see that the regulations are rigidly adhered to.

§ 5. The said board of education are hereby authorized and empowered to raise a sum not exceeding one thousand dollars by tax on said district, to be levied and collected in the same manner as taxes are authorized by law to be levied and collected in the towns of this state.

§ 6. The said board of education are hereby authorized and directed to levy and collect by tax, in each year, upon all the taxable property and inhabitants, such sum as may be necessary, not exceeding in amount one-fifth of one per cent on the value of such taxable property as the same shall be assessed by the assessors of the town of Newtown; and the said board shall add to their warrant for collection of such taxes, such amount as they may deem proper for fees for collection, not exceeding five per cent on the amount.

§ 7. The town superintendent of common schools of the town of Newtown shall pay over to the treasurer of the board of education all the public moneys to which said district number three shall be entitled, for school purposes.

§ 8. The said board of education shall call an annual district meeting at such time in the year as they may think meeting of proper, and submit thereto a full report in writing of their doings as such board; and shall state therein the number and condition of the schools in said district, under their charge, and the number of scholars attending the same; the studies board, what pursued; the amount of moneys received from the state, as well as the amount raised in the district, for school purposes, and the expenditure of the same, and generally all the particulars relating to the schools in said district; which report may, if the said board think proper, be published in pamphlet form, or in some newspaper published in the county.

to contain.

District li brary.

School for

§ 9. The board of education shall have entire control and charge of the district library; they may employ a librarian, make such additions to the library, and such regulations in relation thereto as they may deem necessary or proper.

§ 10. A school for colored children may be organized as colored chil. a district school, and be supported as the other schools in said district are under this act.

dren.

§ 11. Whenever the said board of education shall deem it necessary to erect one or more school houses in said district,

ses, how to

they shall submit the plans and estimated cost of such build-School hou. ing to the electors of such district, at a special meeting called be erected. for that purpose, and if a majority of such electors present shall vote in favor of the same, the said board may proceed to erect said school house or houses; and if the sums authorized to be raised by sections five and six of this act shall be insufficient to pay the cost of such building, then the said board may raise an additional sum not exceeding five hundred dollars, to be levied and collected as provided for in sections five and six of this act, to be expended in defraying such cost.

§ 12. The said board of education may call special meet- Special ings of said district, whenever they may deem it necessary; meeting. and whenever a special meeting shall be called, notices of it shall be posted up in five public places in said district, at least one week previous to said meeting; and no business shall be transacted at such meetings, except that stated in the notice calling the same.

§ 13. All laws and parts of laws inconsistent with this act Repeal. are hereby repealed, so far as they relate to district number three in the town of Newtown, county of Queens. §14. This act shall take effect immediately.

Chap. 61.

AN ACT to authorize the Delaware Plank Road Company to change lhe location of a portion of their road.

Passed March 16, 1850.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. The Delaware Plank Road Company are hereby au- Location thorized, in the construction of their road, to alter the loca- may be tion of the same from the old highway, conveyed to said company by the commissioners of highways of the towns of Tompkins and Walton, between Rocky Rift and the house of Epaphras Wakeman, in such a manner and in such places as the president and directors may see fit, in order to avoid injuries that may be done by floods or freshets in the Delaware river and other streams, over or near which said highway now passes, and as may be necessary to construct a good and permanent road between the places above mentioned.

Survey to be filed.

Land how to

be taken and appraised.

Repeal.

§ 2. Said company shall cause a survey of such alterations to be filed in the office of the clerk of the county of Delaware.

§ 3. After filing such survey, if said company shall not with the owners of the land through which such alteraagree tions of their road shall be made, for the purchase of so much thereof as shall be necessary for the making of such alterations of said road, and for the accommodations of gates, toll-houses and other works thereunto belonging, then in every case when they shall not so agree, or where the owner of the land shall be absent from the county, or shall not from any cause be capable in law so to agree, or shall refuse to agree, the value of such land shall be ascertained and paid, or a tender thereof made to the owners in like manner and with the effect as provided in the second article of title one of chapter eighteen of the first part of the Revised Statutes.

§ 4. All acts heretofore passed, inconsistent with the act hereby amended, and with this act, shall not be held or construed to apply hereunto.

§ 5. This act shall take effect immediately.

Chap. 62.

AN ACT relating to sales by auction in the city of Albany.
Passed March 16, 1850.

The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

§ 1. Section forty-two of chapter seventeen, title one, part one of the Revised Statutes, is hereby extended to the city of Albany.

Chap. 63.

AN ACT for the relief of St. Vincent's Orphan Asylum in the city of Albany.

Passed March 16, 1850, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. The treasurer shall pay, on the warrant of the comptroller, out of any money in the treasury not otherwise appropriated, to St. Vincent's Orphan Asylum in the city of Albany, such proportion of money appropriated by chapter four hundred and eighty-five of the laws of one thousand eight hundred and forty-seven, to provide for public instruction in orphan asylums, as the superintendent of common schools shall certify would have been payable to said asylum (then known as St. Joseph's Orphan Asylum) if the certificate required by the first section of said act had been presented.

§ 2. The sum of five hundred dollars is hereby appro- $500 appropriated for the purposes of this act.

priated.

Chap. 64.

AN ACT to provide for the commitment and confinement of vagrants in the county jail of the county of Albany.

Passed March 16, 1850.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Vagrants

mitted for six

1. It shall be lawful for any police justice of the city of Albany, in all cases of complaints for vagrancy, to commit may be comany person convicted upon such complaint, before said police months. justice, to hard labor in the county jail of the county of Albany, for a term not exceeding six months; provided there Proviso. shall not be more than four persons, convicted upon such complaint, confined in the said jail at any one time.

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