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at any such meeting are authorised to fix the compensation for collecting and paying over to the trustees the money so levied and collected. And they may also at such meeting designate the site for such school house, or may by resolution authorise the trustees or a majority of them, to select and fix upon such site as they may deem best.

S 2. The inhabitants of said district shall have no power to Vote may be rescind the vote to raise such sum of money or any part thereof, rescinded. at any subsequent meeting, unless the same be done within fifteen days thereafter, nor shall they have power to reduce the amount of the same after the expiration of thirty days from the time the tax was first voted, but may remit such sum as shall remain unappropriated after paying for the site, improving the same, and the erection and finishing of such school house.

§ 3. The trustees of said district are hereby authorised and em- Loan. powered to obtain, by loan, the whole or any part of the money legally voted by said district, and secure the payment of the same by their official bond.

04. The trustees of said district are hereby authorised to sell at public or private sale the school house and site belonging to house and

site may be said district for such sum and upon such terms of credit, or oth-sola. erwise, as they shall deem for the best interest of the district, and apply the proceeds arising from such sale towards purchasing and improving a site and building a school house in said district, or to such other purpose as they shall deem for the best interest of said district.

6 5. The trustees, in addition to the powers and authority to By-laws. them by law given, are hereby authorised to make such by-laws and regulations as they may deem necessary to secure the prosperity, order and government of said school, and to divide the same into primary and higher departments, to regulate the transfer of scholars from one department to the other, and provide suitable instructors for each department, and to fix the terms of tuition upon which scholars may be received into said school from other districts, to determine what portion of the expense of tuition to be collected by rate bills in said district shall be collected for the scholars attending the higher, and what portion for the scholars attending primary department of said school, and they may make out one or more rate bills for the collection thereof as they shall deem expedient; to direct what text books shall be used in said school, purchase fuel and other necessaries for the use of said school, and to furnish said school with suitable globes, black boards and other apparatus ; and all contracts made by them in their official capacity, shall be binding upon them and their successors in office. They shall also require and take from the collector, before he enters upon the duties of his office, such security as they shall deem expedient to indemnify the district, and if such security is not given, they are hereby authorised to appoint another collector, who will give such security, to supply his place.

give bond.

Trustees to $ 6. The trustees of said district, before receiving any mon

eys belonging to the same, raised in pursuance of the first, third or fourth sections of this act, shall execute to the town superintendent of common schools of the town of Attica, their separate bonds with two sufficient sureties, to be approved by such superintendent, in a penalty at least double the amount to be expended by them for the benefit of said district, during the year next ensuing, the date of said bond, conditioned that said trustees giving such bond, will faithfully account for the expenditure of all money he shall receive for said district, and pay over the balance remaining in his hands at the time of the expiration of his office, to the other trustees; and the district at any legal meeting thereof, may require the penalty of such bond to be increased, or additional security to be given by either or all the trustees, if they shall deem the same insufficient.

8 7. No trustee shall be directly or indirectly interested in Restriction.

any contract or work made or done by them for said school district; they shall cause all written contracts, for the purchase of such site, or the erection of such school house, to be filed or recorded with the clerk of said district, and the services of the said trustees shall be rendered without any compensation to either of them, unless otherwise provided by a vote of the taxable inhabitants of said district at a regular district meeting. And the said trustees shall file their accounts and vouchers with the clerk of the district, after being audited, whose duty it shall be to record such accounts after the same shall have been audited,

as in this section provided. The voters of said district present appoint an at any such meeting, may appoint a committee of three, as an

auditing committee, whose duty it shall be to settle with and audit committee.

all accounts of the trustees, or any or either of them, for mon-
ey raised, received, or expended by them, or either of them, un-
der the provisions of this act, for the purchase of a site, and im-
proving the same, and building a school house thereon, and for
the receipt and expenditure of the money which may be raised
from the sale of the present site and school house belonging to
said district; and it shall be the duty of said trustees, as often
as they shall be required by said committee, to render to them
a just and true account of all such money received and expended
by them. The committee shall audit such accounts as to them
· shall seem just and legal; and such auditing of such committee
shall be prima facie evidence of the correctness thereof.

$ 8. This act shall take effect immediately.

Voters may

auditing

offals, &c.

Chap. 190. AN ACT to prevent the throwing of offal and other filthy substances in the streets of the city of New York.

Passed April 2, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. No ashes, offals, vegetables, or garbage, shall at any time Restriction be cast or laid in any street, lane or alley in the city of New-as to ashes, York, but shall be placed in some suitable vessel for removal, in such manner as the common council of said city shall by ordinance direct.

2. No dross, cinders, shells, straws, shavings, dirt, filth, or rub- Droes, shells bish of any kind whatever, shall at any time he cast or laid in cinders, &c. any lane or alley of the said city, or in any public square or place therein.

§ 3. The mayor, aldermen and commonalty of the city of Penalty. New-York, in common council convened, are hereby authorised to declare offences against the provisions of this act to be misdemeanors, and to prescribe punishments therefor by fine of not more than ten dollars and imprisonment in the city prison of not more than five days.

§ 4. The justices of the assistant justices courts of said city, Powers of shall have jurisdiction to hear and determine all complaints justices. arising under this statute.

$ 5. This act shall take effect immediately.

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AN ACT to release the interest of the State in certain lands of

which David Darrah died possessed to Susan Darrah his wife.

Passed April 2, 1849, “ by a two-third vote.” The People of the State of New York, represented in Senate and Assembly, do enact as follows : § 1. All the right, title, interest and estate of the people of Rights of the

State releasthis state in and to any real estate, situated in the town of Ches-date terfield, county of Essex, and state aforesaid, of which said David Darrah died seized, acquired by the escheat of the same, in consequence of the death of said David Darrah, (who died intestate and without children or heirs that are known,) is hereby released to and vested in Susan Darrah, widow of said David Darrah, deceased, her heirs and assigns forever.

§ 2. Nothing contained in this act shall affect the rights of any Saving creditor of the said David Darrah, deceased, or the title of any clause.

citizen of the United States to the premises above mentioned or any part thereof.

§ 3. This act shall take effect immediately.

Chap. 192.

lector.

AN ACT to provide for the collection of the unpaid taxes for

the year one thousand eight hundred and forty-eight, in the town of Cochecton.

Passed April 2, 1849, “ three-fifths being present.” The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$ 1. The supervisor of the town of Cochecton, in the county Supervisor to give a of Sullivan, is hereby authorised to make out and deliver to the warrant to collector.

collector of said town, chosen at the last annual town meeting, a warrant for the collection of the taxes which were assessed against the said town in the year one thousand eight hundred and fortyeight, and a list of such taxes, similar in all respects, as near as he can ascertain the same, to the warrant and tax list delivered

to Sylvanus Pollock, the late collector of said town. Daty of col- & 2. The collector to whom such warrant and tax list shall be

delivered, shall, within eight days thereafter, and before he enters on the collection of such taxes, execute to the supervisor of said town, and lodge with him a bond with one or more sureties, to be approved of by such supervisor, in double the amount of such taxes, conditioned for the faithful execution of his duties in the collection thereof, and thereupon it shall be the duty of such collector to proceed and collect such taxes from the several and respective persons named in such tax list, except as hereinafter provided, in the same manner, and with the like powers, fees and liabilities, as now provided by law in the collection of other town taxes, and the said collector shall, within sixty days after the receipt of said warrant and tax list, execute the said warrant, and

make return thereof, Proof of pay- $ 3. Any person named in said tax list who shall present to

Sed the said collector a receipt, executed by said Sylvanus Pollock, be produced.

showing the payment of the same tax to the said Pollock, or shall make affidavit of the payment thereof to the said Pollock, shall be exempt from the payment thereof to the said collector, and for this purpose the said collector is authorised to administer the

necessary oath. Power of $ 4. The board of supervisors of said county may, in their dispervisors. ucretion, at their next annual meeting, add to the amount to be

levied on the said town of Cochecton, such sum as shall be made to appear to them as the deficiency occasioned by the loss of the assessment roll of that town for the year one thousand eight hundred and forty-eight.

ment may

board of su

to settle

$ 5. The treasurer of said county shall, and may settle with Treasurer said collector in the same manner as though the warrant issued to with collecthe late collector, Sylvanus Pollock, had been returned to him, tor. and the cureties of said Pollock shall be responsible for any deficiency not collected on said new assessment roll.

§ 6. This act shall take effect immediately.

Chap 193.

remove ten

sees.

AN ACT to amend the Revised Statutes, in relation to summary proceedings to recover the possession of land.

Passed April 3, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

§ 1. Section twenty-eight, title ten, chapter eight, part third of the Revised Statutes, is hereby amended, and shall read as follows: $ 28. Any tenant or lessee at will, or at sufferance, or for any Officers hav

ing power to part of a year, or for one or more years, of any houses, land or tenements, and the assigns, under tenants, or legal representatives ents or lesof such tenant or lessee, may be removed from such premises, by any judge of the county courts of the county, or liy any justice of the peace of the city or town where the premises are situated, or by any mayor or recorder of the city where such premises are situated, or in the city of New York, by the mayor, recorder, any justice of the marine court, or any one of the justices of the* jusces courts of the city of New York, in the manner hereinafter prescribed in the following cases : 1. Where such person shall hold over and continue in posses- Persons who

hold over sion of the demised premises, or any part thereof, after the expi- with permisration of his term, without the permission of the landlord: sion. 2. Where such person shall hold over without such permission Persons who

hold over as aforesaid, after any default in the payment of rent, pursuant to h the agreement under which such premises are held, and a demand mission. of such rent shall have been made, or three days notice in writing, requiring the payment of such rent, or the possession of the premises, shall have been served by the person entitled to such rent, on the person owing the same, in the manner prescribed for the service of the summons in the thirty-second section of this title:

3. Where the tenant or lessee of a term of three years, or less, Person who shall have taken the benefit of any insolvent act, or been dis- took benefit

of insolcharged under any act for the relief of his person from imprison- vent act. ment during such term.

4. Where any person shall hold over and continue in posses- Persons who sion of any real estate which shall have been sold by virtue of sold on exo

cution. an execution against such person, after a title under such sale shall have been perfected.

* See chap. 380, Sec. 2.

without per

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