CHAP. 49. tion of Equaliza- AN ACT in relation to the equalization of assessments, under chapter three hundred and twelve of the laws of eighteen hundred and fifty-nine and the amendments thereto. assessments. Appeals from supervis on. PASSED March 10, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be the duty of the State Assessors to prepare a form of petition and notice of appeal from decisions of boards of superors; forms, visors, in the equalization of assessments in their respective counties, rules, etc., and also to prepare rules and regulations in relation to bringing such appeals and the hearing or trial thereof, which shall be submitted to the Comptroller for his approval, and when so approved shall be the forms, rules and regulations of said board of State Assessors, and be filed in the office of the Comptroller. Hearing of appeal. Dismiss ing appeal. Evidence. What State As sessors to § 2. Every such appeal duly brought shall be heard by said board in the county in which such appeal originated, at a time and place to be fixed by said board, and they shall notify the supervisor of the town, ward or city appealing, by mail, of the time and place so fixed upon, at least twenty days prior thereto. In case the appellant or his successor fails to appear and produce evidence to sustain the appeal at the time and place appointed, or on the day to which such hearing or trial shall have been adjourned, if an adjournment shall have been had, said State Assessors shall make an order dismissing said appeal as not sustained, which shall have the same effect in all respects as if said appeal had not been sustained after a trial or hearing on the merits on evidence. §3. On every such hearing or trial, the evidence shall in part relate to the assessment and full and true value of real and personal property, and the said State Assessors shall determine whether or not injustice has been done to the town, ward or city, so appealing, in the determine. equalization of real and personal property assessed therein, as compared with the other wards, towns or cities of said county, and shall determine whether any, and if any, what deductions ought to be made from the aggregate corrected valuation of said real and personal property, as made by the board of supervisors, and shall also determine to what town or towns, ward or wards, city or cities, in such county said deductions, if any, shall be added, and shall certify their determination in writing to said board of supervisors and forward the same by mail, within ten days thereafter, to the clerk of said board of supervisors, directed to him at his post-office address. Pending appeals. Repeal. § 4. The provisions of this act shall apply to all appeals, pending and undetermined at the time of its passage. § 5. All laws inconsistent with the provisions of this act are hereby repealed. § 6. This act shall take effect immediately. State assessors have no authority to take evidence as to the existence of personal property omitted from the assessment-roll. People er rel. Supervisors of Westchester v. Hadley, 76 N. Y. 337. Nor can they make allowances for omissions: People er rel. Supervisors of Monroe v. Hadley, 1 Abb. Ñ. C. 441; nor review the valuations of assessors on particular property, nor the decision of assessors that property is exempt. lb. See 17 Hun, 501. CHAP. 50. structions. AN ACT to amend chapter five hundred and fifty-five of the Public Inlaws of eighteen hundred and sixty-four, entitled "An act to revise and consolidate the general acts relating to public instruction." PASSED March 10, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 555. SECTION 1. Section two of title nine of chapter five hundred and Amending fifty-five of the laws of eighteen hundred and sixty-four, entitled "An Laws 1864, act to revise and consolidate the general acts relating to public instruc- 6 Edm.349. tion," is hereby amended so as to read as follows: determine as to school. §2. Whenever such district shall correspond wholly or in part with Meeting to an incorporated village, in which there shall be published a daily or weekly newspaper, the notice aforesaid shall be given by posting at union free least five copies thereof, severally, in various couspicuous places in Notice, said district, at least twenty days prior to such meeting, and by caus- how given. ing the same to be published once a week for three consecutive weeks before such meeting, in all the newspapers published in said district. In other districts the said notice shall be given by posting the same as aforesaid, and in addition thereto, the trustees of such district shall authorize and require any taxable inhabitant of the same, to notify every other inhabitant (qualified to vote as aforesaid), of such meeting, to be called as aforesaid, who shall give such notification in the manner and subject to the penalty prescribed in the case of the formation of a new school district by title seven of this act. § 2. Section five of said title nine is hereby amended so as to read as follows: such tees; meet § 5. Any such meeting, held as aforesaid, shall be organized by the Proceedappointment of a chairman and secretary, and may be adjourned from ings at time to time, by a majority vote, provided that such adjournment shall not be for a longer period than ten days, and whenever any such meeting, at which not less than fifteen persons entitled to vote thereat, shall, by the affirmative vote of a majority present and voting, determine to establish a union free school in said district, pursuant to such notice, it shall thereupon be lawful for such meeting to proceed to the election, by ballot, of not less than three, nor more than nine trustees, Election who shall, by the order of such meeting, be divided into three several of trus classes; the first to hold until one, the second until two, and the terms of third until three, years from the second Tuesday in October coincident office. with or following, except in the cases in the next section provided for; and when the trustees so elected shall enter upon their office, the office of any existing trustee or trustees shall cease, except for the purposes stated in section eleven of title six of this act. The said trustees and Board of their successors in office shall constitute a board of education of, and education for the union free school district for which they are elected, and the designation of such district as union free school district number of the town of shall be made by the school commissioner having jurisdiction of the district; and the said board shall have the name and style of the board of education of (adding the designation aforesaid); copies of said call, minutes of said meeting or meetings, Copies of duly certified by the chairman and secretary thereof, shall be by them, proceed ings to be filed. or either of them, transmitted and deposited, one to and with the town clerk, one to and with the school commissioner or commissioners in whose jurisdiction said districts are located, and one to and with the Superintendent of Public Instruction; but when at any such meeting, the question as to the establishment of a union free school shall not be decided in the affirmative as aforesaid, then all further proceedings at such meeting, except a motion to reconsider or adjourn, shall be dispensed with, and no such meeting shall be again called within one. year thereafter. § 3. This act shall take effect immediately. Amending ch. 267, Laws 1875. CHAP. 53. AN ACT to amend chapter two hundred and sixty-seven of the laws of eighteen hundred and seventy-five, entitled "An act for the incorporation of societies or clubs for certain lawful purposes." PASSED March 14, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter two hundred and sixty-seven of the laws of eighteen hundred and seventy-five, entitled "An act for the ante, p. 104. incorporation of societies or clubs for certain lawful purposes," is hereby amended so as to read as follows, viz.: Incorporation. Certif § 1. Any five or more persons of full age, citizens of the United States, and a majority of whom are also citizens of this State, who desire to form themselves into a society or club for social, mutual benefit, benevolent, temperance, political, economic, patriotic, gymnastic, athletic, military drill, musical, dramatic, historical, literary, library, artistic, yachting, hunting, fishing, bathing, or lawful sporting purposes, may sign and acknowledge, before any officer authorized to take the acknowledgment of deeds in this State, and to file in the office of the Secretary of State, and also in the office of the Clerk of the county in which the office of such society or club shall be situated, a certificate, cate, what in writing, in which shall be stated the name or title by which such society shall be known in law; the particular business and object of such society or club; the number of trustees, directors, or managers, to manage the same, and the names of the trustees, directors, or manConsent of agers for the first year of its existence; but such certificate shall not be filed, unless by the written consent and approbation of one of the justices of the Supreme Court of the district in which the principal office of such society or club shall be located, be indorsed on such certificate; but nothing in this act contained shall authorize the incorporation of any society or club for any purpose repugnant to any Statute of this State, or prohibited thereby. to state. justice. Limitation. § 2. This act shall take effect immediately. As to the law of clubs and voluntary societies, see 5 Alb. L. J. 226; 15 Am. CHAP. 54. AN ACT to provide for the reporting of persons in the various PASSED March 14, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be the duty of the superintendent, warden or officers to other proper officer in charge of each of the benevolent institutions of report. this State in which are persons whose maintenance, treatment, tuition or clothing is a charge against any county of this State, to make a report on or before the fifteenth day of September, in each year, to the clerk of the board of supervisors of the county to which such maintenance, treatment, tuition or clothing is chargeable, which report shall show the name, age, sex, color and nationality of every person in What such institution, chargeable to such county; also, when each person show. report to was received into such institution, from what town sent, for what term received, to what time the expense of each such person has been paid, and the amount chargeable to such county for each such person for the ensuing year, which report shall be verified by the oath or affirmation of the person making the same. § 2. This act shall take effect immediately. CHAP. 58. AN ACT further to amend chapter two hundred and seventy of the laws of eighteen hundred and fifty, entitled "An act to authorize the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in other States and Territories. PASSED March 14, 1876; three-fifths being present. The People of the State of New York, represented in Senate and See ch. 136, Assembly, do enact as follows: Laws 1875, ante, p. 67. Laws 1850. SECTION 1. Section one of chapter two hundred and seventy of the Amending laws of eighteen hundred and fifty, entitled "An act to authorize the ch. 270, appointment of commissioners to take the proof and acknowledgment 4 Edm.441. of deeds and other instruments, and to administer oaths in other states and territories," is hereby further amended so as to read as follows: commis 1. The Governor of this State is hereby authorized to name, appoint Governor and commission so many commissioners in each of the other States and to appoint Territories of the United States, and in the District of Columbia, as sioners. he may deem expedient, provided that the number of commissioners Number. shall at no time exceed ten in any one city or county; the said commissioners shall continue in office for four years, and shall have Term of authority to take the acknowledgment and proof of the execution of office-auany deed, mortgage, lease or other conveyance of any lands, tenements or hereditaments, lying or being in this State, or of any contract, assignment, transfer, letter of attorney, satisfaction of a judgment or of a mortgage, or of any other writing or instrument under seal, to be used or recorded in this state; also to administer an oath or affirma thority. Commis sioner to take and oath. Official seal. tion to any person or persons who may desire to make such oath or affirmation. § 2. Section three of said act is hereby amended so as to read as follows: § 3. Every commissioner appointed by virtue of this act shall, before he performs any duty under and by virtue of his said appointment subscribe and of this law, take and subscribe an oath or affirmation before a justice of the peace, or some other magistrate in the city or county in which he shall reside, well and faithfully to execute and perform all the duties of such commissioner under and by virtue of the laws of the State of New York; which oath or affirmation shall be filed in the office of the Secretary of State. And every such commissioner shall, also before he enters upon the duties of his office, cause to be prepared an official seal, in which shall be designated his name, and the words "a commissioner of deeds for the State of New York," together with the name of the state or territory, and also of the city or county in which he shall reside, and for which he shall have been appointed, and shall transmit to and cause to be filed in the office of the Secretary of the State, a distinct impression of such seal, taken upon wax or some other substance capable of receiving and retaining a clear impression, together with his signature in his own proper writing. 3. Section five of said act is hereby amended so as to read as Limitation follows: of authority. by ch. 115, L. 1880, § 5. No commissioner appointed under or by virtue of this act shall Amended be authorized to take the proof or acknowledgment of any deed or instrument, or to administer any oath or affirmation, at any place other post, p. 919. than within the city or county within which he shall reside at the time Certificate, of his appointment; and every certificate of any such commissioner to any proof or acknowledgment taken before him, or to any oath or affirmation administered by him, shall specify the day on which, and the city and county, or town and county, within which the same was taken or administered; and without such specification, the said certificate shall be wholly invalid, inoperative and void. what to specify. Fees. § 4. The fees of such commissioners shall in no case exceed four times the amount allowed by the laws of the State or Territory in which such commissioner resides, for like services within such State or Territory by an officer thereof, provided, however, that in no case shall such fees for taking the proof or acknowledgment of a deed or other instrument or the administering of an oath or affirmation, exceed the sum of one dollar. Imprison ment for fines. CHAP. 61. AN ACT relating to fines imposed in criminal cases. The People of the State of New York, represented in Senate and SECTION 1. Whenever a fine is imposed upon any person convicted of a misdemeanor, the court imposing the fine may limit the term of imprisonment, in default of payment, to a term not exceeding one day for each dollar of the fine imposed. § 2. This act shall take effect immediately. |