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within which its school-house is situated, at public auction, after at of disleast five days' notice, by notices posted in three or more public places district. of the town in which the school-house is, one of which shall be posted in the district so dissolved. The supervisor, after deducting the expenses of the sale, shall apply its proceeds to the payment of the debts of the district, and apportion the residue, if any, among the owners or possessors of taxable property in the district, in the ratio of their several assessments on the last corrected assessment roll or rolls of the town or towns, and pay it over accordingly.

$ 15. Section six of title seven of said act is hereby amended so as Vol.6, to read as follows:

$ 6. A special district meeting shall be held whenever called by the special trustees. The notice thereof shall state the purpose for which it is meetings. called, and no business shall be transacted at such special meeting, except that which is specified in the notice; and the district clerk, or if the office be vacant, or he be sick or absent, or shall refuse to act, a trustee or some taxable inhabitant, by order of the trustees, shall serve the notice upon each inhabitant of the district qualified to vote at district meetings, at least five days before the day of the meeting, in the manner prescribed in the second section of this title. But the inhabitants of any district may, at any annual meeting, adopt a resolution prescribing some other mode of giving notice of special meetings, which resolution and the mode prescribed thereby shall continue in force until rescinded or modified at some subsequent annual meeting.

$ 16. Section nine of title seven of this act is hereby amended so as Vol. 6, to read as follows:

$ 9. An annual meeting of each school district shall be held on the Annual second Tuesday of October in each year, and unless the hour and the district place therefor shall have been fixed by the vote of a previous district meeting, the same shall be held in the school-house at seven o'clock in the evening. If a district possesses more than one school-house, it shall be held in the one usually employed for that purpose, unless the trustees designate another. If the district possesses no school-house, or if the school-house shall be no longer accessible, then the annual meeting shall be held at such place as the trustee, or if there be no trustee, the clerk shall designate in the notice.

$ 17. Subdivision seven of section sixteen of title seven of said act is oke hereby amended so as to read as follows:

7. To vote a tax upon the taxable property of the district to purchase, Tax for lease or improve such site or sites, and to hire, build or purchase such school-houses, and to keep in repair and furnish the same with necessary fael and appendages.

$ 18. Section nineteen of title seven of said act is hereby amended VOL.6 so as to read as follows: 19. Whenever the majority of all the inhabitants of any school Tax by

installdistrict entitled to vote, to be ascertained by taking and recording the ayes and noes of such inhabitants attending at any annual, special or adjourned school district meeting, legally called or held, shall determine that the sum proposed and provided for in the next preceding section shall be raised by installments, it shall be the duty of the trustees of such district, and they are hereby authorized to cause the same to be raised, levied and collected in equal installments in the same manner and with the like authority that other school taxes are raised, levied and collected, and to make out their tax list and warrant for the collection of such installments, with interest thereon as they become payable according to the vote of the said inhabitants ; but the payment

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schoolhouses.

p. 329.

ments.

Vol. 6,

p. 337.

school

or collection of the last installment shall not be extended beyond ten years from the time such vote was taken ; and no vote to levy any such tax shall be reconsidered except at an adjourned, general or special meeting, to be held within thirty days thereafter, and the same majority shall be required for reconsideration that was had to impose such tax. For the purpose of giving effect to these provisions, the trustees are hereby authorized, whenever a tax shall have been voted to be collected in installments for the purpose of building a new schoolhouse, to borrow so much of the sum voted as may be necessary, at a rate of interest not exceeding seven per cent, and to issue bonds or other evidences of indebtedness therefor, which shall be a charge upon the district, and be paid at maturity, and which shall not be sold below par; due notice of the sale of such bonds shall be given at least ten days prior thereto, of time and place of such sale.

$ 19. Section fifty of title seven of said act is hereby amended so as

to read as follows: Repairs of

3 50. The trustees may expend, in necessary and proper repairs of house, etc. each school-house under their charge, a sum not exceeding twenty

dollars in any one year; and they may also expend a sum not exceeding fifty dollars in the erection of necessary out-buildings, where the district is wholly unprovided with such buildings, upon a vote of a district meeting. They may also make any repairs, and abate any nuisances, pursuant to the direction of the school commissioner, as herein before provided; and provide fuel, pails, brooms and other implements necessary to keep the school-house or houses clean and make them reasonably comfortable for use, and not provided for by a vote of the district; and may also provide for building fires and cleaning the school-room by arrangement by the teacher, or otherwise. They shall provide the bound blank-books for the entering of their accounts and the keeping of the school lists, the records of the district, and the proceedings of district and trustee meetings. Whenever it shall be necessary for the due accommodation of the children of the district they may hire temporarily any room or rooms for the keeping of schools therein; but the trustees shall have no power to purchase maps, globes, or other school apparatus, unless instructed to do so by the vote of a district meeting. Any expenditure made, or liability incurred, in pursuance of this section, shall be a charge upon the district.

§ 20. Section sixty-six of title seven of said act is hereby amended

so as to read as follows: Taxes, how $ 66. School district taxes shall be apportioned by the trustees upon

all real estate within the boundaries of the district which shall not be by law exempt from taxation, except as hereinafter provided, and such property shall be assessed to the person or persons or corporation owning or possessing the same at the time such tax list shall be made out, but land lying in one body and occupied by the same person, either as owner or agent for the same principal, or as tenant under the same landlord, shall, though situated partly in two or more school districts, be taxable in that one of them in which such occupant resides. This rule shall not apply to land owned by non-residents of the district, and which shall not be occupied by an agent, servant or tenant residing in the district. Such unoccupied real estate shall be assessed as non-resident, and a description thereof shall be entered in the tax list. The trustees shall also apportion district taxes upon all persons residing in the district, and upon all corporations liable to taxation therein, for the personal estate owned by them and liable to taxation. They shall

Vol. 6,

P. 340.

apportioned.

p.

several towns.

also apportion the same upon non-resident stockholders in banks or banking associations situated in their districts for the amount of stock owned by them therein, and upon individual bankers doing business in their district in accordance with the provisions of chapter seven hundred and sixty-one of the laws of eighteen hundred and sixty-six.

$ 21. Section sixty-nine of title seven of said act is hereby amended VOL so as to read as follows:

§ 69. When a district embraces parts of more than one town, it Taxes in sball be the duty of the supervisors of such towns so in part embraced, distriecie upon receiving a written notice from the trustee or trustees of such parts of district, or from three or more persons liable to pay taxes upon real estate therein, to meet, at a time and place to be named in such notice, which time shall not be less than five mor more than ten days from the service thereof, and a place within the bounds of the towns so in part embraced, and proceed to inquire and determine whether the valuation of real property upon the several assessment rolls of said towns are substantially just as compared with each other, so far as said districts are concerned, and if ascertained not to be so, they shall determine the relative proportion of taxes that ought to be assessed upon the real property of the parts of such district lying in different towns, and the trustees of such district shall thereupon assess the proportion of any tax thereafter to be raised, according to the determination of such supervisors, until new assessment rolls of the towns shall be perfected and filed, using the assessment rolls of the several towns to distribute the said proportion among the persons liable to be assessed for the same. In cases when such supervisors shall be unable to agree, they shall summon a supervisor from some adjoining town, who shall unite in such inquiring, and the finding of a majority shall be the determination of such meeting.

$ 22. Section seventy-five of title seven of said act is hereby amended ... so as to read as follows:

$ 75. If any tax on the real estate of a non-resident, mentioned in the Collector tax-list delivered to the collector, or the taxes upon non-resident stockholders in banking associations organized under the laws of Con-dent tax gress, shall be unpaid at the time he is required by law to return his uncollectwarrant, he shall deliver to the trustees of such district an account of ible. the taxes so remaining due, containing a description of the lots and pieces of land upon which such taxes were imposed, as the same were stated in his tax-list, together with the amount of the tax assessed on each, and, upon making oath before any justice of the peace, or judge of any court of record, that the taxes mentioned in any such account remain unpaid, and that after diligent efforts he has been unable to collect the same, he shall be credited by said trustees with the amount thereof.

$ 23. Section seventy-eight of title seven of said, act is hereby Vol. 8, amended so as to read as follows:

$ 78. Such account, affidavit and certificate shall be laid by the County county treasurer before the board of supervisors of the county who the report shall cause the amount of such unpaid taxes, with seven per cent of to superthe amount in addition thereto, to be levied upon the lands of nonresidents on which the same were imposed; and if imposed upon the lands of any incorporated company, then upon such company; and when collected, the same shall be returned to the county treasurer to reimburse the amount so advanced, with the expenses of collection; and if imposed upon the stock of a non-resident stockholder in a banking association organized under the laws of Con

to return non-resi.

p. 313.

Vol. 6,

p. 344.

Bond of collector.

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P. 344.

of warrant.

gress, then, the same, with seven per cent of the amount in addition thereto, shall be a lien upon any dividends thereafter declared upon such stock, and upon notice by the board of supervisors to the president and directors of such bank, of such charge upon such stock, the president and directors shall thereafter withhold the amount so stated from any future dividends upon such stock, and shall pay the same to the collector of the town duly authorized to receive the same.

§ 24. Section eighty-three of title seven of said act is hereby amended 80 as to read as follows:

$ 83. Within such time, not less than ten days, as the trustees shall allow him for the purpose, the collector, before receiving the first warrant for the collection of money, shall execute a bond to the trustees, with one or more sureties, to be approved by a majority of the trustees, in such amount as the district meeting shall have fixed, or if such meeting shall not have fixed the amount, then in such amount as the trustees shall deem reasonable, conditioned for the due and faithful execution of the duties of his office.

$ 25. Section eighty-six of title seven of said act is hereby amended so as to read as follows:

§ 86. If the sum or sums of money, payable by any person named in Renewal

such tax list or rate bill, shall not be paid by him or collected by such warrant within the time therein limited, it shall and may be lawful for the trustees to renew such warrant in respect to such delinquent person; or in case such person shall not reside within their district at the time of making out a tax list, or shall not reside therein at the expiration of such warrant, or in case the property assessed be real estate belonging in an incorporated company, and no goods or chattels can be found whereon to levy the tax, the trustees may sue for and

recover the såme in their name of office. Vol. 6,

$ 26. Section one of title eight of said act is hereby amended so as to read as follows:

§ 1. The taxable inhabitants of each school district in the State libraries shall have power, when lawfully assembled in any district meeting, to

levy a tax on the district, not exceeding in any one year the sum of fifty dollars for the purchase of such books as they shall direct for the district library, and such further sum as they may deem necessary for the purchase of a book-case. All books and cases which may have been or shall be purchased with moneys raised by such taxes, or with moneys apportioned to the district for library purposes, and all books which have been given to and accepted by the trustees for the library, shall compose the library of the district.

$ 27. Section two of title eight of said act is hereby amended so as to

read as follows: Appropria- § 2. The sum of fifty thousand dollars, directed to be distributed to

the several scḥool districts of this State by the fourth section of chapter libraries.

two hundred and thirty-seven of the laws of eighteen hundred and thirty-eight, shall continue to be applied to the purchase of books for the district libraries.

8 28. This act shall take effect immediately.

p. 345.

Vol. 6,

p. 346.

tion for

CHAP 570.
AN ACT to amend section six of title four of chapter two

hundred and ninety-one of the laws of eighteen hundred
and seventy, entitled "An act for the incorporation of vil-
lages.”

PASSED June 9, 1875; three-tifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section six of title four of chapter two hundred and Amending ninety-one of the laws of one thousand eight hundred and seventy, Laws 1870, entitled " An act for the incorporation of villages,” is hereby amended 7 Edm. 681. so as to read as follows:

8 6. In addition to the amount raised by the trustees for “ ordinary Tarn for expenditures,” the board of trustees shall have power, in any one year,

. in addition to the poll tax, to raise by tax such sum as they may deem necessary, not exceeding in any one year the amount of one per cent on the assessed valuation of such village, to be denominated a highway tax, to work and improve the roads, avenues, streets, lanes and cross-walks of said village, on all persons and incorporated companies owning property and estate, real and personal, in said village, to be assessed and collected as all other taxes are by the provisions of this act. The money so raised, with the proceeds of the poll tax, shall be devoted to the purposes expressed in this section, and kept apart as a separate and distinct fund by the treasurer; and all villages incorporated under this act shall be exempt from all costs, charges, taxes or assessments for the grading or working any street, road or avenue lying outside the limits of such incorporation. Amended by ch. 422, L. 1880, post, p. 1011.

CHAP 571.

AN ACT to authorize the confinement of convicts in the

county penitentiaries of this State.

PASSED June 9, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Whenever any person shall be convicted of an offense Convicts punishable with imprisonment in the State prison, in either of the for less judicial districts of the State having a. county penitentiary within said years may judicial district, and such person so convicted shall be sentenced to tenced to imprisonment for a term not exceeding three years, the court before county which such conviction shall be had may, in its discretion, sentence the tiary. prisoner so convicted, to be imprisoned in the county penitentiary situated within that judicial district, instead of a States prison, and every person so sentenced shall be received into the said county penitentiary, and shall be kept and employed therein, in the manner prescribed by law, and shall be subject to the rules and discipline of said county penitentiary.

§ 2. It shall be the duty of the sheriff of any county within the said Duty of judicial district in which any person shall be convicted and sentenced,

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