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Chap. 138.

AN ACT to fix the place of meeting of the Board of Supervisors

of the county of Ulster.

Passed March 26, 1849. The People of the state of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The annual meetings of the board of Supervisors of the county of Ulster, shall hereafter be held at the Court House in

Place of meeting.

said county.

created.

Chap 139.
AN ACT to incorporate the Life-Saving Benevolent Association

of New York.

Passed March 26, 1849. The People of the state of New-York, represented in Senate

and Assembly, do enact as follows: Corporation § 1. Walter R. Jones, Bache McEvers, Josiah L. Hale, George

Griswold, Daniel Lord, Anthony B. Neilson, Charles H. Marshall, Moses H. Grinnell, William S. Wetmore, Thomas Tileston, Henry Coit, Augustin Averill, Joseph Walker, Lambert Suydam, Henry Chauncey, John C. Green, John L. Aspinwall, Edwin Rartlett, Abiel A. Low, Solomon T. Nicoll, Walter R. Jones, jr., Robert C. Goodhue, Edward K. Collins, Oliver Slate, jr., John D. Jones, Mortimer Livingston, Frederick A. Delano, Theodore Dehon, the collector of the port of New York, ex-officio, and the president of the chamber of commerce, ex-officio, and such others as they may associate with themselves and their successors, are hereby constituted a body corporate and politic, forever, by the name and style of “The Life-Saving Benevolent Association of New-York ;” and the persons whose names are mentioned above, are to be the first managers, and are hereby authorised to organize the corporation, and to elect a president, vice-president, secretary, and other officers, who are to act for one or more years, as may be determined on by the managers at the time of the elec

tion, and to hold over until others are elected to fill their places. Membership, 8 2. The said corporation shall have power to determine the

mode of succession and the mode of increasing their numbers, and to declare membership and the qualification of voters.

8 3. The said corporation is hereby declared and made capable in law of having, holding, purchasing, and taking in fee simple, or any less estate, by gift, grant, devise or otherwise, any lands, landings, tenements or other estate, real and personal, for carrying out the objects of their charity, and also to sell, alien, or dispose

&c.

Real estate.

of the same; but the annual income of the property owned by the said corporation, shall not exceed the sum of ten thousand dollars.

$ 4. The said corporation may have a seal, and alter the same seal. at pleasure ; and be capable in law of suing and being sued, defending and pleading, and to possess all the usual powers appertaining to charitable incorporations.

$ 5. On the second Wednesday of January, of each year, or Annual rewithin ten days thereafter, a meeting is to take place, between port to be the hours of ten A. M., and five P. M., to receive a report of the affairs of the corporation, and to transact such other business as may come before said meeting.

$ 6. Until a secretary is appointed, or in case of his death, ab- Notice of sence, or inability to act, it shall be lawful for three of the mana- how to be gers to give notice, in three of the public commercial newspapers given, of the city, daily for five days, stating the hour and place of meeting, and it shall be lawful for such managers as attend after such public notice from three managers, or for those attending under a like public notice from the secretary, to transact the business of the said corporation, even should there be less than a majority of all the managers. Other meetings may be called by the officers from time to time, on the request of

any

six managers, or at the request of six subscribers in writing, directed to one of the officers of the association, who shall call a meeting by giving notice of the place, day, and hour of meeting in one or more daily commercial newspapers of the city, or by giving a personal notice, at the discretion of the officer.

§ 7. The said managers shall have power to make by-laws and By-laws. regulations for the government of said corporation, and of the officers and subordinates, which they may from time to time appoint or employ, and may determine the time of holding occasional meetings; and may also determine from time to time the number, less than a majority, to constitute a quorum for the transaction of business, but the number of such quorum shall not be changed, at any other than at their annual meeting in the month of January of each year.

$ 8. The said corporation shall have power to receive, collect Donations, and hold donations and subscriptions, and to invest any surplus thereof for accumulation ; such accumulation, however, is to be only for the purposes connected with the charity by them conducted.

8 9. Said corporation shall have power and authority to en-Rewards for courage meritorious conduct, to grant rewards, give donations and duct, premiums, in money, medals and diplomas, letters of thanks and commendation ; to build or purchase and use life-boats and other boats, boat and station houses, offices, articles and material suitable to afford facilities in saving life, in cases of shipwrecked and damaged vessels or otherwise; to employ officers, men and laborers, and by themselves and others to perform any services of benevolence and charity within the provisions of this act.

&e.

Chap. 140.

schools to

AN ACT Establishing free schools throughout the state.

Passed March 26, 1849, “ three-fifths being present.” The People of the State of New York, represented in Senate

and Assembly, do enact as follows : Common $ 1. Common schools in the several school districts in this state

shall be free to all persons residing in the distriet, over five, and be free.

under twenty-one years of age. Persons not residents of a district may be admitted into the schools kept therein, with the approbation, in writing, of the trustees thereof, or a majority of

them. Money to be $ 2. It shall be the duty of the several boards of supervisors at raised by tax.

their annual meeting, to cause to be levied and collected from their respective counties, in the same manner as county taxes, a sum equal to the amount of state school moneys apportioned to such counties, and to apportion the same among the towns and cities in the same manner as the moneys received from the state are apportioned. They shall also cause to be levied and collected from each of the towns in their respective counties, in the same manner as other town taxes, a sum equal to the amount of state

school moneys apportioned to said towns respectively. Estimate to be made by

$ 3. The trustees of each school district within thirty, and not the trustees. less than fifteen days preceding the time for holding the annual

district meeting in each year, shall prepare an estimate of the amount of money necessary to be raised in the district for the ensuing year, for the payment of the debts and expenses to be incurred by said district for fuel, furniture, school apparatus, repairs aud insurance of school house, contingent expenses, and teachers' wages, exclusive of the public money and the money required by law to be raised by the counties and towns, and the income of local funds, and shall cause printed or written notices thereof to be posted for two weeks previous to said meeting upon the school house door, and in three or more of the most public places in said district. The trustees shall present such estimate to such meeting, and the voters present who are of full age, residing in such school district, and entitled to hold land in this state, who own or lease real property in such district, subject to taxation for school purposes, or who shall have paid any district tax within two years preceding, or who owns any personal property liable to be taxed for school purposes in such district, exceeding fifty dollars in value, exclusive of such as is exempt from executions and no others, shall vote thereon for each item separately, and so much of said estimate as shall be approved by a majority of such voters present, shall be levied and raised by tax on said district, in the same manner as other district taxes are now by law levied and collected. District collectors shall in all cases, before entering upon the duties of their respective offices, give security to the satisfaction

lector.

to raise

of the trustees, for the faithful discharge of their duties; and all moneys collected by them shall be paid to the trustees of their respective districts.

§ 4. It shall be the duty of the collector, upon receiving his Duty of colwarrant, for two sucéessive weeks, to receive such taxes as may be voluntarily paid to him; and in case the whole amount shall not be so paid in, the collector shall forthwith proceed to collect the same. He shall receive for his services, on all sums paid as aforesaid, one per cent, and upon all sums collected by him after the expiration of the time mentioned, five per cent; and in case a levy and sale shall be necessarily made by such collector, he shall be entitled to traveling fees at the rate of six cents per mile, to be computed from the school house in such district. $5. If the trustees shall neglect to prepare the said estimate

Meetings within the time herein limited, or shall neglect to post the required may adjourn. notice, it shall be lawful for the meeting to adjourn to such other time as will be sufficient to prepare the said estimate and give the said notice.

§ 6. When the said voters of any district at their annual meet- Provision in ing shall refuse or neglect to raise by tax a sum of money, which case of nego added to the public money, and the money raised by county and

money by towns will support a school in said district for at least four months tax. in a year, keep the school house in proper repair and furnish the necessary fuel, then it shall be the duty of said trustees to repair the school house, purchase the necessary fuel, and employ a teacher for four months, and the expense shall be levied and collected in the manner provided in the third* section of this act.

$ 7. Free and gratuitous education shall be given to each pupil, Pupils to be in each of the common, public, ward and district schools in the re

graiui tously spective cities of this state, now incorporated or hereafter to be incorporated, including the schools of the public school society in the city of New-York. according to any law now in force in said cities. And by each city, where such free and gratuitous education is not already established, laws and ordinances may and shall without delay be passed providing for, and for securing and sustaining the system in each of their common, public, ward or district schools.

$ 8. All laws and parts of laws inconsistent with the provisions Repeal. of this act, other than those relating to free schools in any cities in this state are hereby repealed.

$ 9. In case any trustee or other school district officer shall Penalty for use any money in his hands belonging to such district, and shall mis-applying

money. not apply the same as directed by law, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine, not exceeding five hundred dollars, or be imprisoned in a county jail not exceeding six months, or by both such fine and imprisonment. § 10. The electors shall determine by ballot at the annual elec

Determina tion to be held in November next, whether this act shall or not tion by balbecome a law.

lot. *See Chapter 404, Sec. 1.

educated

Forms and

§ 11. It shall be the duty of the state superintendent of compoll lists to be prepared mon schools to prepare and furnish to the several town clerks in and act printed.

this state, forms of the poll lists, returns and other necessary proceedings to carry into effect this act, and he shall also furnish, at the expense of the state, to each school district in the state five

copies of this act with the forms prepared by him. Form of bal. $ 12. The ballots to be deposited in the ballot-box shall be in lots. the following form. Those cast in favot of the adoption of this act shall contain the following words :

SCHOOL.
FOR THE NEW SCHOOL LAW.
Those cast against the adoption of this act shall contain the fol-
lowing words:

SCHOOL.
AGAINST THE NEW SCHOOL LAW.
And the ballots shall be so folded as to conceal all the words ex-
cept the word school, which latter word shall not be concealed,

but shall appear on the ballot as folded. Ballot-box to § 13. The inspectors of election in the several elections districts be furnished

shall furnish a separate ballot box into which shall be placed all the ballots given for or against the new school law. The inspectors shall canvass the ballots and make return thereof in the same manner as votes given for the office of the governor and

lieutenant-governor are by law canvassed and returned. Act when

$ 14. In case a majority of all the votes in the state shall be rejected or cast against the new school law, this act shall be null and void ; become a law. and in case a majority of all the votes in the state shall be cast

for the new school law, then this act shall become a law, and shall take effect on the first day of January eighteen hundred and fifty.

Chap 141.

AN ACT in relation to Sing Sing prison.

Passed March 27, 1849, “ three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows :

§ 1. The sum of twenty-five thousand dollars is hereby appropriated to be applied to the maintenance and support of the Sing Sing prison for the present fiscal year, and to pay the debts of the prison, contracted since January eighth, eighteen hundred and forty-eight, in sums not exceeding five thousand dollars at any one

Appropriation.

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