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Change site of schoolhouse.

Relationship of teachers.

Notice to

officers.

Number taught.

Tax lists.

place be no longer accessible, then at such other place as the trustees, or, if there be no trustees, the clerk, shall in the notices designate."

Ante, p. 305.

S 8. Section twenty of title seven is hereby amended so as to read as follows:

20. So long as a district shall remain unaltered, the site of a school-house owned by it, upon which there is a schoolhouse erected or in process of erection, shall not be changed, nor such school-house be removed, unless by the consent, in writing, of the supervisor or supervisors of the town or towns within which such district shall be situated, stating that in his or their opinion such removal is necessary; nor, with such consent, unless a majority of all the legal voters of said district present and voting, to be ascertained by taking and recording the ayes and noes, at a special meeting called for that purpose, shall be in favor of such new site.

Ante, p. 305.

S9. Subdivision nine of section forty-nine of title seven is hereby amended so as to read as follows:

9. To contract with and employ all teachers in the district school or schools; but no person who is within two degrees of relationship by blood or marriage to any such trustees shall be so employed, except with the approval of two-thirds of the voters of such district present and voting upon the question at an annual or special meeting of the district. Any person employed in disregard of the foregoing provision shall have no claim for wages against the district, but may enforce the specific contract made against the trustee or trustees consenting to such employment as individuals.

Ante, p. 305.

S 10. Subdivision five of section thirty-seven of title seven is hereby amended so as to read as follows:

5. To give notice immediately to every person elected or appointed to office of his election or appointment; and also to report to the town-clerk of the town in which the schoolhouse of his district is situated, the names and post-office address of such officers, under a penalty of five dollars for neglect in each instance.

Ante, p. 306.

§ 11. Subdivision three of section sixty of title seven is nereby amended so as to read as follows:

3. The number of children taught in the district-school or schools during such year by qualified teachers, and the sum of the days' attendance of all such children upon the school. Ante, p. 306.

S 12. Section sixty-six of title seven is hereby amended so as to read as follows:

$66. In making out a tax list, the trustees of school-districts shall apportion the same on all taxable inhabitants of the district, upon corporations holding property therein, and

on all banks, banking associations and individual bankers, whose place of business is within the district at the time such tax may be levied, according to the valuation of the taxable property which shall be owned or possessed by them at the time of making out such list within such district, or partly within such district and partly in an adjoining district, and upon all unoccupied real estate lying within the boundaries of such district, the owners of which shall be non-residents, and which shall be liable to taxation for town or county purposes; and upon the amount of rents reserved in any leases in fee, or for one or more lives, or for a term of years exceeding twenty-one years, and chargeable upon lands within such district, which rents shall be assessed to the person or persons entitled to receive the same as personal estate, which is hereby declared to be, for the purposes of taxation for school purposes, at a principal sum, the interest of which, at the legal rate per annum, shall produce a sum equal to such annual rents; and, in case such rents are payable in any other thing except money, the value of such annual rents in money shall be ascertained by the trustee or trustees, and the same shall be assessed in manner aforesaid. But, when it shall be ascertained that the proportion of any tax upon any lot, tract or parcel not occupied by any inhabitant or upon rents reserved, would not amount to fifty cents, the trustees, in their discretion, may omit such lot, tract or parcel or reserved rents from the tax list. Banking associations organized under the laws of congress shall be taxed by assessing the individual stockholders for the amount of stock owned or possessed by them; but such assessment shall be made only in the district where the bank is located.

Ante, p. 306.

S 13. Section seventy-five of title seven is hereby amended so as to read as follows:

residents.

75. If any tax on the real estate of a non-resident, men- Tax on nontioned in the tax list delivered to the collector, or the taxes upon rents reserved in any leases in fee, or for one or more lives, or for a term of years exceeding twenty-one years, or the taxes upon non-resident stockholders in banking associations organized under the laws of congress, shall be unpaid at the time he is required by law to return his warrant, he shall deliver to the trustees of such district an account of 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. Ante, p. 306.

Duty of supervisors

S14. Section seventy-eight of title seven is hereby amended so as to read as follows:

$78. Such account, affidavit and certificate shall be laid by as to taxes. the county treasurer before the board of supervisors of the county, who shall cause the amount of such unpaid taxes, with seven per cent of the amount in addition thereto, to be levied upon the lands of non-residents on which the same were imposed; and if imposed upon the lands of any incorporated company, then upon such company; and if imposed upon rents reserved, in any leases in fee, or for one or more lives, or for a term of years exceeding twenty-one years, then upon such reserved rents, in the same manner that the contingent charges of the county are directed to be levied and collected; and when collected the same shall be returned to the county treasurer to reimburse the amount so advanced, • with the expense of collection; and if imposed upon the stock of a non-resident stockholder in a banking association organized under the laws of congress, 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 dividend upon such stock, and shall pay the same to the collector of the town duly authorized to receive the same.

Union of districts..

Ante, p. 306.

S15. Section four of title nine is hereby amended so as to read as follows:

§ 4. Whenever fifteen persons, entitled as aforesaid, from each of two or more adjoining districts, shall unite in a call for a meeting of the inhabitants of such districts to determine whether such districts shall be consolidated by the establishment of a union free school therefor and therein, it shall be the duty of the trustees of such districts, or a majority of them, to give like public notice of such meeting, at some convenient place within such districts, and as central as may be, within the time, and to be published and served in the manner set forth in the second section of this title, in each of such districts. The reasonable expenses of preparing, publishing and serving such notices shall be chargeable upon the union free school-district, and be collected by tax, if a union free school shall be established pursuant to such call; but otherwise the signers of the call shall be jointly and severally liable for such expenses. The superintendent of public instruction may order such meeting under the conditions and in the manner prescribed in the first section of this title.

Ante, p. 307.

S16. Section five of title nine is hereby amended so as to read as follows:

districts.

§ 5. Any such meeting, held as aforesaid, shall be organized Union of by the appointment of a chairman and secretary, and may be adjourned, from time to time, by a majority vote, provided any such adjournment shall not be for a longer period than ten days; and, at any such meeting, where at least one-third of the legal voters of such district, or of each of such districts (to determine which the lists of such voters made out by the clerks of such districts respectively, or other person who shall be especially designated to serve the notice aforesaid and to make such lists, shall be prima facie evidence); whenever the question whether a union free school shall be established, in pursuance of the call for such meeting, shall be determined in the affirmative by a two-thirds vote of those present and voting, it shall thereafter be lawful for such meeting to proceed to the election by ballot of not less than three nor more. than nine trustees, who shall, by the order of such meeting, be divided into three several classes; the first class to hold until one, the second until two and the third until three years from the second Tuesday in October coincident 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 their successors in office shall constitute a board of education of and 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 the said call, minutes of said meeting or meetings, duly certified by the chairman and secretary thereof, shall be by them or either of them transmitted and deposited, one to and with the townclerk, 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.

Ante, p. 307.

17. Subdivision eight of section thirteen of title nine, is hereby amended so as to read as follows:

8. To contract with and employ qualified teachers in the Employ several departments of instruction, in all not less than one for teachers. every fifty pupils attending such schools; to remove them at any time for neglect of duty or for immoral conduct, and to

pay the wages of such teachers out of the moneys appropriated for that purpose.

S18. Subdivision eleven, of section one, of title five, is hereby repealed; and subdivisions twelve and thirteen shall be numbered eleven and twelve respectively in their order. Ante, p. 307.

CHAP. 648.

AN ACT authorizing the erection of a new Capitol.
PASSED May 1, 1865; three-fifths being present.

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

Deed of land, $1. Whenever, within three years from the passage of this bill, the city of Albany or the citizens thereof shall deposit with the commissioners of the land-office of this state, a good and sufficient deed conveying to the people of the State of New York, in fee simple and unincumbered, all that certain piece or parcel of land generally known as Congress Hall block, in the said city of Albany, and bounded as follows: northerly by Washington avenue; easterly by Park Place; southerly by Congress street, and westerly by Hawk street; and furnish the proper evidence that the common council of said city of Albany, has closed and discontinued that part of Park Place south of Washington avenue, and that part of Congress (late Spring) street, east of Hawk street, which said common council are hereby authorized to do, and thereupon, the streets so closed shall become the property of the state, and be included in, and form a part of the capitol grounds; the governor shall nominate, and, by and with the consent of the senate, appoint, a board of three commissioners, to be Commit be known as "The new capitol commissioners," for the purpose appointed. of erecting a new capitol for the use and accommodation of

sioners

the executive, legislative and judicial departments of the state, and such other objects and purposes as may be connected therewith, and, in case of a vacancy in the office of said commission, the governor is hereby authorized to fill the vacancy by appointment by and with the consent of the senate. In case the mayor, aldermen and commonalty of the city of Albany, shall be unable to agree for the purchase of any real estate required for the purposes of this act, the state shall have the right to acquire the title thereto, and in case application shall be made therefor by the municipal authorities of said city of Albany, to the attorney-general, it shall be his duty for and in behalf of the people of the state, and in their name, forthwith to present a petition to the supreme court of the third judicial district, at any general or special

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