78 Powers of board. Ibid. Ibid. fix the rates to be charged for tuition to those whose parents or guardians are not actual residents of the district, may demand such tuition bills in advance, and may in their discretion divide the said academy into male and female departments, and may grant diplomas to graduates of said academy. 6. Section twenty-six of said act is hereby amended so as to read as follows: § 26. The board of education shall have full power, and it shall be their duty, 1. To organize as many common schools in the village as shall be necessary for the accommodation of those who attend, and change, consolidate and discontinue them. 2. To lease school-rooms and furnish the same, to sell or exchange the present academy building and grounds, upon a vote of a majority of all the members of said board; and when authorized as herein provided, to purchase sites and erect school-houses and academies. 3. To provide books and stationery for indigent scholars, and all necessary instruments and apparatus for the academy and schools. 4. To prescribe the course of studies in the schools, the text-books to be used therein, and to do such other acts as will best promote the efficiency and utility of the same. 5. To make rules and regulations for the protection of the buildings, furniture and grounds pertaining to the said academy and schools. 6. To employ teachers and pay the same, to make rules and regulations for the reception of pupils, or their exclusion from school, or their transfer from one school to another, not inconsistent with the general law, securing the freedom of schools to all pupils residing in the district, and to amend or repeal the same or to make others. 7. To sue for and collect in their corporate name all penalties prescribed or authorized by this act; and for all destruction of or injury to, any school property. 8. To effect insurance on any or all school property. 9. To make the reports required by law to the school commissioners and board of regents. 10. To employ a suitable and competent person to take the census of persons within said district, over four and under twenty-one years of age, and pay him therefor. 11. To cause to be prepared and presented to the board of trustees, between the first and fifteenth days of April in each year, a full report of all the acts of said board, wherein shall be set forth the number, kind and grade of schools kept; the number of scholars, time each has attended and studies pursued; the number of teachers employed and compensation to each; the money received, from what sources derived, the amount disbursed, and how expended, and what sums remaining on hand in each fund; and any other matters connected with the costs and operation of the schools and academy which they may deem proper; and the board of trustees shall cause the same to be published two weeks previous to the annual election, in one of the newspapers published in said village. § 7. This act shall take effect immediately. CHAP. 71. AN ACT to legalize certain proceedings of the trustees of the village of Port Chester. PASSED March 29, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ings legal SECTION 1. The proceedings of the trustees of the village of Port ProceedChester in regulating and grading Pearl street, from its intersection ized. with Pixley place to its intersection with the Boston post road, and the award of the contract therefor, and the proceedings of the commissioners appointed by the said trustees to apportion and assess the expense of the said improvement, and the confirmation of their report by the said trustees on the eighth day of February, one thousand eight hundred and seventy-five, and the action of the officers of the said village relating to the said assessment, are hereby ratified and confirmed and shall have the same force and effect as if all the provisions of law in relation to such proceedings had been complied with, notwithstanding any subsequent action in regard to the said improvement or to the assessment therefor by the said trustees. § 2. This act shall take effect immediately. CHAP. 72. AN ACT to authorize the city of Rochester to levy a tax for the purpose of rebuilding, furnishing and equipping the public school number fifteen in said city, known as "Monroe school," recently destroyed by fire. PASSED March 30, 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 common council of the city of Rochester is hereby Tax for authorized and empowered to levy a tax of seventeen thousand five $17,500. hundred dollars, in their next general tax levy, for the purpose of rebuilding, furnishing, heating and equipping the public school building number fifteen, in the seventh ward of said city, situate on Monroe avenue and known as " Monroe school." be § 2. Said amount of seventeen thousand five hundred dollars, or May be such part thereof as may be necessary, not exceeding said sum, may anticianticipated by loan made by the common council and placed to the loan. credit of the board of education of said city of Rochester, and known as the "Monroe school fund," and shall be used for no other purposes than as specified in section one of this act, and if said tax shall be so anticipated by loan then the proceeds of said tax when raised shall be used to pay and retire such loan and for no other purpose whatever. §3. This act shall take effect immediately. Societies chase real estate. CHAP. 73. AN ACT to authorize the benevolent societies in the city of New York, known as the Ruben's Widow and Orphans Benevolent Society of New York, and the Phoenix Widow and Orphan Aid Society to buy, hold and dispose of land for cemetery purposes. PASSED March 30, 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The benevolent societies or corporations in the city of may pur New York, known as the Ruben's Widow and Orphans Benevolent Society of New York, and the Phoenix Widow and Orphan Aid Society, are hereby authorized to purchase, hold, use and dispose of, for cemetery purposes, land not exceeding ten acres in extent, adjoining cemetery known as Cypress Hills Cemetery, and the cemetery lands now or heretofore owned by the Maimonides Benevolent Society, in the town of New Lots, in the county of Kings. Not exempt from taxa tion. § 2. The said grounds and real estate occupied by said societies shall not be exempt from taxation, but shall remain subject to all public, general and local taxes, rates or assessments, and for that purpose chargeable against said societies as undivided real property; but the several lots or plots of ground assigned to individuals by said societies, when the same shall become occupied for burial purposes, shall not be liable to be sold on execution for debt, or in any manner be subject to the payment of any debts from any proprietor, his heirs, or devisees 80 Occupying the same, as long as the said grounds shall remain dedicated for the purposes aforesaid; and during such time no street, road or avenue shall be laid through said grounds without the consent of said societies first had and obtained, except by permission of the legislature. §3. This act shall take effect immediately. CHAP. 74. AN ACT to amend chapter sixteen of the laws of eighteen hundred and eighty-one, entitled "An act to amend chapter five hundred and thirty-three of the laws of eighteen hundred and eighty, entitled 'An act to regulate the passage of lumber, logs and other timber upon the rivers of this state recognized by law or common use as public highways for the purpose of floating and running lumber, logs and other timber over or upon the same to market or places of manufacture.' 999 PASSED March 30, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter sixteen of the laws of eighteen hundred and eighty-one, entitled "An act to amend chapter five hun dred and thirty-three of the laws of eighteen hundred and eighty, entitled 'An act to regulate the passage of lumber, logs and other timber upon the rivers of this state recognized by law or common use as public highways for the purpose of floating and running lumber, logs and other timber over or upon the same to market or places of manufacture," is hereby amended so as to read as follows: § 1. Section eleven of chapter five hundred and thirty-three of the laws of eighteen hundred and eighty, entitled "An act to regulate the passage of lumber, logs and other timber upon the rivers of this state recognized by law or common use as public highways for the purpose of floating and running lumber, logs and other timber over or upon the same to market or places of manufacture," is hereby amended so as to read as follows: apply to § 11. This act shall not apply to the Hudson river, the Alleghany Act not to river and its tributaries, nor the Delaware river and its tributaries, certain nor the waters located in Franklin county, nor the Moose river and its rivers. tributaries, nor the Beaver river and its tributaries, nor the Oswegatchie river and its tributaries, the Grass river and its tributaries, and the Raquette river and its tributaries, nor the waters located in Lewis county, used for floating logs or lumber, nor be construed to repeal any existing law now applicable to any river or rivers in this state. § 2. This act shall take effect immediately. CHAP. 75. AN ACT to amend an act entitled "An act to incorporate the village of Harts Falls in the county of Rensselaer," and to change the name thereof to the village of Schaghticoke. PASSED March 30, 1881; three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of title one of the act passed April twentysecond, eighteen hundred and sixty-seven, entitled "An act to incorporate the village of Harts Falls in the county of Rensselaer," is hereby amended so as to read as follows: § 1. All that part of the town of Schaghticoke, in the county of Corporate Rensselaer, contained within the following limits, shall constitute the limits. village of Schaghticoke, namely: Beginning at a point of the north shore of the Hoosick river near a place called "Buck's Neck," running from thence northerly on John Down's east line, until it intersects the highway leading from what is known as Mather's corners to Stillwater; thence easterly along the south side of said highway past said Mather's corners until it intersects the road leading from Valley Falls to Schaghticoke; thence across lands of John A. Baucus in a southerly direction to the south side of a place called "Rocky Island; thence southerly across and to the south shore of the Hoosick river; thence down along said south shore until it strikes the north bounds of the Albany, Vermont and Canada railroad; thence westerly along the north bounds of said railroad to a point in line with the east line of said John Down's farm; thence northerly to the place of beginning; and the inhabitants residing therein are hereby constituted and Name. General powers. Official bonds Proceedings to review assess ments and awards. Bond on appeal lants to petition. declared a body politic and corporate by the name of the village of Schaghticoke. The said corporation shall be capable of suing and being sued, complaining and defending in any court, make and use a common seal, and alter the same at pleasure, and shall have power to hold, purchase and convey such real and personal estate as the purposes of the corporation may require. § 2. Section nine of title two of said act is hereby amended so as to read as follows: § 9. The treasurer, collector, street superintendent, police constables, and such other officers as may be required by the board of trustees, shall severally, before they enter upon the duties of their respective offices, execute and file with the village clerk a bond to the village of Schaghticoke in such sums and with such sureties as the board of trustees shall approve, conditioned that they will faithfully execute the duties of their respective offices, and account and pay over all moneys received by them respectively. § 3. Section twelve of title five of said act is hereby amended so as to read as follows: § 12. Any person interested therein may, within twenty days after notice of the determination, award and assessment of the jury, appeal from the decision by petition to any court of record in the county of Rensselaer, or in any adjoining county in this state, praying for the appointment of three commissioners residing in said village, to review the said determination, award and assessment of the jury and all their proceedings, whether for irregularity or otherwise, in relation to taking the lands for which such award is made. The person appealing shall execute a bond to the village of Schaghticoke in the penalty of two hundred and fifty dollars, conditioned for the payment of the fees of said commissioners, and costs of appeal, in case the award of the board of trustees shall not be increased twenty dollars by said commissioners. Such bond and a copy of said petition, filed with the clerk of the village, with a notice of the time and place when the same will be presented to said court, shall operate as a stay of proceedAll appel- ings until the decision of the said commissioners thereon. All perjoin in one sons appealing from the award of the trustees for one single and continuous improvement shall join in one petition, and may execute one joint and several bond to the village, and there shall be but one set or board of commissioners appointed to review such proceedings and award the damages for such improvement. On presenting such petition to the said court with proof of service of a copy thereof and notice as aforesaid, any person interested may be heard in the matter. The court shall, after hearing the parties, appoint three competent freeholders, residing in said village, not interested in the lands to be taken, nor of kin to the owner or owners thereof, nor a trustee of said village commissioners to review the proceedings of said trustees and ascertain, determine and award the damages sustained by reason. of laying out, altering or widening such highway, street, lane, alley or sidewalk. In case the commissioners so appointed, or any of them, shall refuse to serve or be disqualified, the said court may appoint other commissioners in like manner. The said commissioners shall meet within ten days after notice of their appointment; they shall give the president of the village five days' notice of the time and place of their meeting; they shall be sworn faithfully and impartially to execute their duty in reviewing the proceedings, and in ascertaining and awarding such damages according to their best judgment and ability. They shall carefully view and examine the premises, and Commissioners. Meetings of. Duties. |