Nathaniel Kennedy shall be president, Joel M. Silverheels vicepresident, Walter Kennedy secretary, and Myron H. Silverheels treasurer, until their successors are appointed. The said directors shall adopt such by-laws, rules and regulations as may be necessary By-laws. for the admission and government of its members and officers, and the same shall be filed in the office of the secretary of state of the state of New York, and in the office of the clerk of Cattaraugus county.

acquire

§ 3. The directors may enter upon any wild lands in the Allegany May use reservation in this state, not occupied or improved by any Indian, or and may lease or purchase lands of any individual Indian or Indians, and lands. the lands so acquired shall be held to the uses and purposes of the incorporation.

state

§4. The executive committee of this society shall, from time to Premiums. time, offer such premiums as they may deem proper in the several departments which the said society have organized, or may hereafter organize, and shall annually on or before the first day of February make out and transmit to the secretary of the State Agricultural Report to Society at Albany, a statement of the transactions of said society for society. the year, giving the receipts and expenditures thereof, and the amount of the premiums awarded, and the same shall be subscribed and sworn to by said officers before some person authorized to take acknowledgment of deeds, as being a just and true statement within the spirit, the intent and meaning of this act.

§ 5. The society shall possess the power and be subject to the re- General strictions contained in the third title of the eighteenth chapter of the powers. Revised Statutes.

under acts

to.

§ 6. Chapter thirty-six of the laws of eighteen hundred and fifty- Police nine, entitled "An act to enable agricultural and horticultural socie- powers ties to extend a more perfect protection to their property, and the referred property of exhibitors at fairs, and to allow the board of managers to appoint a police for that purpose," passed May seventh, eighteen hundred and fifty-nine, is hereby extended over and made applicable to this society, excepting that this society shall have power to employ Indians as policemen, should the executive committee so elect, in which case any policeman so appointed shall have the same power during the time any fair or exhibition of this society shall continue, relative to any offense committed in or about the grounds, that a constable may have by law in serving criminal process and making arrests, and in addition may arrest any person for the commission of any offense mentioned in section two of said act.

§ 7. This act shall take effect immediately.

CHAP. 55.

AN ACT in relation to the public schools in the city of Hudson and to create a board of education for said city.

PASSED March 23, 1881; three-fifths being present.

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

SECTION 1. The superintendents of public schools in and for the city of Hudson, appointed by the common council of said city, and in office when this act takes effect, shall hold their office until the ex

Board of

Quorum.

members.

piration of the term for which they were respectively appointed, and until a successor or successors shall be appointed and qualitied. And all their official acts and proceedings taken or had by them heretofore shall be held and adjudged in all respects valid and binding upon all the parties thereto.

§2. Said superintendents and their successors, as hereinafter proeducation. vided, shall constitute a board to be hereafter styled "The board of education of the city of Hudson," which shall consist of five members, and be a corporate body in relation to all the powers and duties confered by this act, and three members of said board shall form a quorum for the transaction of business. The common council of said Appoint city shall, at the regular monthly meeting held in the month of May ment of in each year, appoint one member for the board of education in place of the member whose term of office shall expire on the following first day of June. The term of office of such member shall commence on the first day of June following such appointment, and shall continue Vacancies. for five years. Should a vacancy occur, otherwise than by expiration of term of office, the common council shall appoint some person to fill the unexpired term of the member whose term of office has become vacant. The members of the board of education appointed pursuant to the provisions of this section shall, respectively, before entering upon the duties of their office, file with the city clerk a bond to the city of Hudson in the penal sum of two thousand dollars, and with such sureties as the common council shall direct; the said bond to be conditioned that the principals therein, respectively, shall and will faithfully perform the duties of their office, and account for all money to be received by them, or drawn from the funds in the hands of the city treasurer by virtue of this act; the form of such bond, and the sufficiency of such sureties, to be approved by the common council.

Official bonds.

Removals

§3. Any member of said board may be removed by said common from office. council for malfeasance or misfeasance in office, by a vote of two-thirds of all the members of said common council, upon written charges and specifications of such misconduct being presented to said common council, signed by one member of said common council, or by one member of said board of education; provided, however, that a copy of such charges and specifications shall be personally served on the member sought to be removed, at least twenty days before the hearing and examination of such charges and specifications by the common council, or a committee thereof, and at such hearing and examination said member shall have full opportunity to cross-examine the witness, to present evidence, and be heard in his own behalf. In case such charges and specifications are proved and sustained, the defending member of said board shall pay all expenses and counsel fees incurred by him in his defense.

Meetings.

tion.

§ 4. The said board of education shall hold their first meeting within ten days after receiving from the secretary of state a certified copy of this act, and the annual meetings of said board shall be held Organiza- on the first Monday of July in each year. At the first meeting, and at the annual meetings in each year thereafter, said board shall organize by the election of one of their members as president, and when said. president shall be absent, such board shall elect a president pro tem., who shall possess all the powers of the president at such meeting. Monthly The said board shall meet as often as once in each month. Special meetings. meetings may be called by the president, or any three of its members

and special

So in original.

not to

tendent of

by giving personal notice to each member, or causing a written or printed notice of such meeting to be left at his last place of residence at least twenty-four hours before such meeting. No member of said Members board shall be entitled to or receive any fee or compensation for his receive services, but the said board may, at their annual or other regular pay. meeting, designate and appoint some suitable person-not a member of the board-by a vote of not less than a majority of the entire board, to act as superintendent of public schools for the ensuing school Superinyear, and such person so appointed shall receive such salary as the schools. board may direct, not to exceed one thousand dollars per annum. Such superintendent may be removed at any time by the said board, and in case of removal or resignation at any time he shall be entitled to receive only the pro rata share or portion of such annual compensation as may be then due. The acting superintendent, who has had Acting general supervision of the public schools since September first, eighteen tendent. hundred and eighty, shall be held to have been appointed, according to law, and shall hold said office under this act as above, or until a successor be appointed; and the superintendent of public instruction shall apportion to the city of Hudson, from the school moneys of the state, the same amount as provided for other cities where special supervision of the schools is maintained. Said appropriation to begin with the school year in which this act is passed.

superin

of board.

§ 5. The superintendent appointed under the provisions of this act, Secretary or some member the board designate, shall be the secretary, or secretary pro tem. of said board of education, and perform the duties thereof, but shall receive no compensation other than that to be paid to him as superintendent under the provisions of this act. He shall Duty of. keep a record of the proceedings of the board and perform such other duties in connection with the schools as said board may prescribe. The said records, or a transcript thereof, certified by the secretary or Records, secretary pro tem., shall be received in all courts as prima facie evi- evidence. dence of the facts therein set forth, and such records, and all the books, accounts, vouchers and papers of said board shall at all reasonable times be subject to the inspection of the common council, or a committee of the same.

§ 6. Said board of education shall have the power and it shall be Powers of their duty

First-To divide the city into school districts, to establish, organize and reorganize such and so many schools in said city, including the common schools now established therein as they shall deem requisite and expedient, and to discontinue the same.

Second-To purchase or hire school-houses, rooms, lots or sites for school-houses, and upon such lots and upon any sites now owned by said city, and used for school purposes, to build, enlarge, improve, alter, and repair school-houses, out-houses and appurtenances, subject to the provisions of this act.

board.

Third-To purchase, improve and exchange school apparatus, books, Ibid. furniture and appendages, and to have charge of all the real and personal property of said city, provided for school purposes, including the joint school district library of the city of Hudson, make all proper and necessary regulations concerning the same, and they may appropriate for the benefit of said library or for apparatus necessary for the schools, out of the moneys annually raised in the said city for school purposes, an amount not exeeding one hundred dollars in addition to the library money received from the state, and see that the ordinances of the common council in relation thereto are observed.

Ibid.

Members of common coun

Fourth-To appoint a librarian who shall, under their direction, have special charge of the library, and to pay the said librarian a salary not exceeding fifty dollars per annum out of the school funds of the city.

Fifth-To defray all the expenses connected with the schools out of the moneys provided for school purposes.

Sixth-To examine, license, employ, and pay all teachers of the schools under their charge and at their pleasure remove them. No teacher employed as such shall be a member of the board of education. Seventh-To determine the kind of class-books to be used in the several schools. The books thus adopted to be uniform throughout all the schools as near as may be.

Eighth-To have the superintendence, supervision and management of the public schools of said city, and adopt, alter, and repeal rules and regulations for their organization, government and instruction, for the reception of pupils and for their transfer from one school to another, and generally for the promotion of their good order and utility.

Ninth-The said board of education shall also have power to allow the children of persons not residents of Hudson to attend the schools of said city upon such terms as the board shall by resolution prescribe. The money so received from non-residents to be used for school pur

poses.

§ 7. No person shall be eligible or appointed to the office of member of the board of education who shall at the same time be a member cil not eli- of the common council, nor unless at the time of his appointment he shall be a resident of the city and an elector; and whenever such appointee shall cease to be a resident his office shall thereby become

gible.

Debts not to be made, etc.

Visitation

of schools.

Title to school

vacant.

§ 8. No officer of said board of education, or any other person shall have power to make or shall make any purchases, create any liability, or contract any debt on the part of said board, unless specially authorized by said board, or by his title so to do, and no account, claim or demand shall be audited, allowed or paid by said board unless the same was so authorized; nor shall any member of said board be directly or indirectly interested in any contract made by said board.

§ 9. Each member of the board shall visit all the schools under their charge not less than once in each year, and said board shall provide that each school shall be visited by a committee of their number at least once in each term.

§ 10. The title of the school-houses, sites, lots, furniture, books, property. apparatus and appurtenances, and all other school property, shall be vested in the city of Hudson, and the same, while used or appropriated for school purposes, shall not be levied or sold by virtue of any warrant or execution, nor be subject to taxation for any purposes whatever. And the said city in its corporate capacity shall be able to take, hold and dispose of any personal or real estate transferred to it by grant, gift, bequest or devise for the use of the schools of said city, whether the same be transferred in terms to said city by its proper style or by any other designation, or to any person or persons or body for the use of said schools.

Sale of.

§ 11. The common council of said city may, by a two-third vote of all its members, upon the recommendation of said board of education, sell any of the school-houses, sites, lots, or any of the school property now or hereafter belonging to said city, upon such terms as the common council shall deem reasonable; the proceeds of all such sales shall be paid to the treasurer of said city, and deposited to the credit

of the board of education, and shall be by said board expended in the purchase, repairs or improvement of school buildings, lots, sites, or school furniture, apparatus or appurtenances.

§ 12. The common council of said city of Hudson, at the regular Appropriamonthly meeting in January in each year, shall appropriate out of the tions. general fund raised under the provisions of the city charter, for the annual expenses and general purposes of the common schools of the city of Hudson, an amount not less than seven thousand dollars.

to repair

houses,

raised.

13. In case any school building shall be destroyed by fire or other- Amount wise, or in case any school building shall be in the opinion of the necessary board of education unfit for school purposes, or in case it shall be schoolnecessary, in the opinion of said board, to add to, to enlarge, or repair etc., how any existing school buildings, their out-houses or appurtenances, then, to be upon the recommendation of four-fifths of the members of the board of education, the common council of the city of Hudson may, by a vote of two-thirds of all the members thereof, raise the amount necessary for such purpose on the credit of the city, and pay and discharge the same from the sum raised for city purposes, in accordance with the provisions of section forty-one of title four of the city charter, except that should the amount required exceed the sum of one thousand dollars, the common council may issue bonds of such form as said council shall prescribe, for the amount exceeding such sum of one thousand dollars, at a rate of interest not exceeding six per cent per annum, and payable at the rate of one thousand dollars a year; said sum of one thousand dollars, and the interest on all bonds remaining unpaid and issued in accordance with the provisions of this section, to be paid out of the sum raised, in accordance with the provisions of section forty-one of title four of the city charter. Said amount shall not in the aggregate exceed the sum of five thousand dollars, in any one year, for the purpose of adding to, enlarging or repairing any existing school building. Nor shall more than ten thousand dollars be expended in the erection of any one school building; nor shall the number of school sites be increased, or a school-house or school-houses in addition to the number now existing be erected, except by a majority vote of the tax-payers of the city at an election held for that purpose, subject to the provisions of title seven of the city charter

§14. All moneys appropriated, raised or received pursuant to the Moneys to provisions of this act, and all school moneys appropriated or provided be paid to by law for said city, shall be paid to the treasurer of said city, who treasurer. shall, with his sureties upon his official bond, be accountable therefor, and shall be liable for official misconduct in relation to such moneys in the same manner and to the same extent in every way as for other moneys, and similar misconduct in relation to other moneys of said city. All moneys so raised, appropriated and provided for school purposes shall be deposited to the credit of the board of education of said city, separate and distinct from any other funds by the treasurer of the city. The said city treasurer shall pay out such moneys upon How to be drafts drawn by the president, and countersigned by the secretary of paid out. said board of education, and no such drafts shall be drawn except by virtue of a resolution of said board, and shall be made payable to the person or persons entitled to receive the same, or to their order.

bonds.

§ 15. The said board may cause suit or suits to be prosecuted in the Suits on name of the city of Hudson upon the official bond of the treasurer of official the city of Hudson for any default or official misfeasance or malfeasance in relation to any of the moneys appropriated or raised for school purposes.