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collector

ties; when

in double the amount of such taxes, conditioned for the faithful execution of his duties as such collector. And when the Liability of term of office of any collector to whom any warrant shall and sure have been issued by virtue of the provisions of this act. shall discharged. expire before the return day, or expiration of such warrant, his powers and duties, and liabilities, as such collector, and the liabilities of the sureties upon his bond, shall continue until the return day, or expiration of such warrant, and until he and they shall have been discharged according to law.

Ante, vol. 1, p. 345.

to execute

$11. Every supervisor, within ten days after he has delivered Supervisor to the collector of his town the assessment roll and warrant as bond. provided for by this act, shall execute and deliver to the county treasurer a bond, with two or more sufficient sureties, to be approved by such treasurer, in a penalty of double the amount of moneys so to be paid to such supervisor by the directions of such warrant, conditioned for the faithful safekeeping, disbursement of, and accounting for, said moneys. And no supervisor shall receive from the said collector any Supervisor moneys until he shall have. executed and lodged with the receive county treasurer his bond in compliance with this section. until bond And any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, Penalty. shall be punishable according to law.

moneys

is executed.

of existing

applicable.

$12. All provisions of law now existing for the assessment, Provisions levying, imposing, collecting of taxes, and for paying over and laws made disbursing the money collected, shall apply to the taxes provided for by this act, so far as the same are consistent with the provisions of this act. And whenever, in any town, the office of town collector shall have been abolished, or whenever, in any town, or city, or ward, there shall be a receiver of taxes or other officer provided by law, to whom taxes shall be paid, the provisions of this act in relation to the collector of taxes shall apply to such receiver or other officer.

Ante, vol. 1, p. 345.

by

supervisors

certain pur

hereby con

ratified.

13. Any tax assessed or sum imposed, or placed upon the Taxes imassessment roll in the year eighteen hundred and sixty-two, boards of by the board of supervisors of any county in this state, which in 1952 for includes therein, or has stated thereon in any manner, or is poses, are for any sum or sums of money theretofore paid or borrowed firmed and in said county, or liability incurred therein, for bounty money to volunteers, or to repay moneys paid or to be paid or applied as bounties to volunteers enlisted in the service of the United States, subsequent to the first day of July, eighteen hundred and sixty-two, for additional forces for the army, or for money for the relief of the families of said volunteers, or for the incidental expenses of their enlistment, is hereby ratified and confirmed, and such tax is declared to be valid and effectual for all intents and purposes, from the time the same was so assessed or imposed or placed upon the assessment roll; and all proceed

duties of.

ings had or taken for the collection of the same are hereby Collectors, affirmed and legalized. The collectors of the several towns in which such tax was so assessed, imposed or placed upon the assessment roll, are hereby authorized and required to collect the same and to pay it over to the supervisors of their respective towns on or before the first day of April, eighteen hundred and sixty-three.

Bond, etc., supervisors to be

See post, p. 75.

$ 14. If the said board of supervisors of any county, or any officer of said county by direction of such board or the officer of indebted- or officers of any town acting in their official capacity, or

evidence of

ness.

Meeting of supervisors may be called.

Provisions of act to apply to cities.

Fees of town officers.

Secretary of

state to transmit

assuming to act in their official capacity, shall have borrowed, or may hereafter, in pursuance of any resolution heretofore passed by such board, borrow any money, and shall have already issued, or caused to be issued, or may hereafter issue or cause to be issued, in pursuance of any resolution of such board heretofore passed, any bond, receipt, certificate, or other instrument, expressing an indebtedness, for the purposes provided for by this act, and shall have made any agreement with the persons or corporations who shall have loaned said money in relation to the funding said loan, or the time of paying the same, such agreement by the said board of supervisors or the board of town auditors of said town, shall be executed and fulfilled by the officers respectively authorized to execute the same, by said board of supervisors or the board of town auditors of said town, and said bonds, receipts, certificates, or other instruments shall be legal and valid evidence of indebtedness against said county or town, respectively, and shall be provided for by tax, as in this act provided.

$ 15. At any time within ninety days after the passage of this act, a meeting of the several boards of supervisors in this state may be called for the purpose of this act. Such meeting may be called by the respective clerks of the boards of supervisors, without any written request, and notice shall be given thereof to each member of said board personally, or by leaving at his place of residence, and in writing, at least five days before the day of said meeting.

$ 16. The provisions of this act shall apply to the cities of this state, the same as to the towns thereof, and the common councils of said cities respectively shall have the powers and duties hereby conferred upon the town auditors. The bonds to be issued under this act by any city shall be in the same manner and form as other bonds of said city heretofore issued, and in case none have been heretofore issued by any city, then in such manner and form as provided by its act of incorporation or as the common council thereof shall by resolution prescribe. Thus amended by chap. 46. post, p. 56.

S17. The fees of town officers for services under this act, shall be the same as are now provided by law for like services. S 18. The secretary of state shall at once, after the passage of this act, trausmit to the county clerk of each county in this

to county

state, as many copies thereof as shall be sufficient to furnish copies of act one copy to each supervisor in the county of said clerks clerks. respectively; and the said clerks shall at once, on the recep- Duties of tion thereof, transmit one copy to each supervisor in his clerks. county, and the expense of the transmission from said clerk to said supervisors, shall be a charge in favor of said clerk to be paid from the treasury of said county.

ions of act

S 19. Nothing in this act contained shall be construed so as How provisto prevent any county or town in this state from at once, by construed. the methods already provided by law, or by the methods provided by this act, raising by tax upon the taxable property of said county or of said town, the amount necessary to repay or to provide for the repayment and satisfaction of any moneys borrowed or procured, for the purposes mentioned in this act; and any county or any town in this state may at once, after the passage of this act, audit and settle the amount which said county or town should pay for the purposes mentioned in this act, and may at once, in the manner provided by law, and by this act, levy and impose a tax upon the taxable property of said county or said town, to raise money for the payment and satisfaction of the same, without borrowing the money therefor, as provided in this act.

$20. This act shall not apply to cases where moneys have been voluntarily given by individuals, companies or corporations, other than municipal corporations, for the purposes mentioned in this act, except in the county of St. Lawrence. S 21. This act shall take effect immediately.

See Laws of 1864, chaps. 8, 72, 390, and pages 1348, 1353, 1358.
Laws of 1865, chaps. 20, 41, 56.

CHAP. 16.

AN ACT to confirm and legalize the taxes imposed in the year eighteen hundred and sixty-two, by the boards of supervisors of the several counties in the State, or of such of them as may have included in such taxes any sum or sums raised or advanced in their respective counties for the payment of bounty money to volunteers enlisted in the service of the United States, or for the support and maintenance of the families of such volunteers.

PASSED February 23, 1863; three-fifths being present. The People of the State of New York, represented in Senato and Assembly, do enact as follows:

$1. Any tax assessed or imposed in the year eighteen hundred and sixty-two, by the board of supervisors of any county in this state, which includes therein, in any manner, any sum or sums of money theretofore paid in said county

Quorum of directors.

for bounty money to volunteers enlisted in the service of the United States subsequent to the call made by the President on the second day of July, eighteen hundred and sixty-two, for additional forces for the army, or for the support of their families, or for the incidental expenses of enlistment, is hereby ratified and confirmed, and such tax is declared to be valid and effectual for all intents and purposes, from the time the same was so assessed or imposed; and all proceedings had or taken for the collection of the same are hereby affirmed, and the several county treasurers are hereby authorized to receive in payment or part payment of any tax, from the collectors of the several towns, and pay and discharge such checks or orders on the county treasurer as have been drawn or issued by the board of supervisors.

S2. This act shall take effect immediately.

CHAP. 20.

AN ACT declaring the acceptance by this state, of the provisions of an act of the congress of the United States, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved second July, eighteen hundred and sixty-two.

PASSED March 4, 1863. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S1. The State of New York, by its legislature, hereby declares its acceptance of the provisions of an act passed by the congress of the United States entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July second, eighteen hundred and sixty-two; and the governor is hereby authorized to give such notice of the said acceptance as may be proper.

S2. This act shall take effect immediately.

CHAP. 22.

AN ACT to amend an act entitled "An act to authorize the business of banking," passed April eighteen, eighteen hundred and thirty-eight.

PASSED March 4, 1863.

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

§ 1. In all cases where the articles of association of any banking association do not prescribe as to the number of

directors necessary to constitute a quorum, and make no provision for determining the same, such banking association may, by its direction, declare and fix the number of directors necessary to be present to constitute a quorum for the trans action of business, which number shall not be less than five, with the same effect as if the same was prescribed in the articles of association of such banking association.

Ante, vol. 4, p. 127.

CHAP. 27.

AN ACT to appropriate the proceeds of the state tax for the support of common schools.

PASSED March 12, 1863; three-fifths being present.

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

propriated.

1. The sum of one million eighty-six thousand nine hun- Amount apdred and seventy-seven dollars and ninety-six cents, being the proceeds of the state tax levied and assessed by virtue of chapter one hundred and eighty, of the Laws of eighteen hundred and fifty-six, for the support of common schools during the present fiscal year, and also five hundred and eighty-four dollars and ninety-six cents, being a part of the balance in the treasury unappropriated and placed to the credit of the fund denominated in the books of the treasury the "Free School Fund," are hereby appropriated to the support of common schools, to be distributed during the current fiscal year, according to law.

propriated.

52. The further sum of nine hundred and sixty-nine dol- Amount aplars and fifty-three cents, being the residue of the money in the treasury to the credit of the aforesaid fund, and also the sum of one thousand dollars, or so much thereof as may be returned to the treasury on account of any errors in the apportionment of the school moneys for the present year, or so much of said sums as may be necessary, are hereby appropriated to the support of common schools, to enable the superintendent of public instruction to make supplementary apportionments to delinquent districts, pursuant to the provisions of section fourteen of chapter four hundred and eighty of the Laws of eighteen hundred and forty-seven; and the authority therein granted to him shall, for the present year, include the "one-third apportionment," now withheld from any district in which a school was not taught six months by a qualified teacher during the preceding school year.

Ante, vol. 3, p. 468.

S3. This act shall take effect immediately.

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