Vacancies to be filled. General powers. School house to be chased, ing such notice, such office shall thereby become vacated, and said board of education shall thereupon make an appointment to supply such vacancy. 84. The said board of education shall have power to fill any vacancy which may happen, by reason of the death or removal from the said district of any member of said board, and the officer so appointed shall hold his office for the unexpired time of the person to supply whose place he shall be so appointed. § 5. Said board of education shall possess all the powers, and be subject to all the duties in respect to said district, that the trustees of common schools now possess or are subject to, and such other powers and duties as are given or imposed by this act. § 6. The taxable inhabitants of said district, at any annual, built or pur special or adjourned meeting legally held, may vote to raise such sum of money as they shall deem expedient for the purpose of purchasing a site and building a school house in said district, or for the purpose of purchasing any suitable building for such purpose, and direct the trustees to cause the same to be levied and raised by instalments, and make out a tax for the collection of the same as often as such instalments shall become due; and the legal voters at any such meeting are authorised to fix the compensation for collecting and paying over to the said board of education the amount so levied. Provision re- Loan. The comp to board of § 7. The inhabitants of said district shall have no power to rescind the vote to raise such sum of money, at any subsequent meeting, unless the same be done within ten days thereafter; nor shall they have power to reduce the amount of the same after the expiration of ten days from the time the tax was first levied, but may remit such sum as shall remain unappropriated after paying for the site and erection of the house or purchase of suitable building. § 8. The said board of education are hereby authorised 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. § 9. The comptroller of this state is hereby authorised and ditroller may rected to loan to the said board of education, such sum as the said loan money board of education shall certify to said comptroller to have been education. voted by the inhabitants of said district, in pursuance of this act, not exceeding the sum of five thousand dollars, out of the moneys in the treasury belonging to the capital of the common school fund, for the purpose of purchasing a site, and erecting or purchasing a suitable building for a school house in said district; and the money when loaned shall be charged upon the books of the comptroller to said district and the same shall be paid over to said board of education, to be applied by them for the purpose of purchasing a site and erecting or purchasing a school house for said district. § 10. The sum so loaned shall be paid to the comptroller of How repaid, this state, in annual instalments thereafter as determined by the vote of said district raising such sum of money, with annual interest thereon. § 11. The said board of education are hereby authorised, and Schoolempowered to sell at public auction to the highest bidder, the house and site may be school house and site thereof belonging to said district, by giving sold. public notice to be posted in ten public places in said district, ten days previous to such sale, and apply the proceeds arising from such sale, towards purchasing a site and erecting a school house in said district, or to such other purpose, as said district shall direct, such sale may be made upon such terms of credit, as said board of education shall determine upon, and a bond and mortgage taken by said board for the whole or any part of the purthase money, or price for which said site and house may be sold, and such bond and mortgage may be sold and assigned by said board at par, for money to be applied by them as herein provided. may be § 12. The said board of education, are hereby authorised and By-laws and empowered to make such by-laws and regulations, as they may regulations deem necessary to secure the prosperity, order and government of made. said school, and divide the same into primary and higher departments, and regulate the transfer of scholars from one department to the other, and provide suitable instructors for each department, direct what text books, shall be used in the same, purchase fuel and other necessaries for the use of the school or schools in said district, and all contracts made by them in their official capacity, shall be binding upon them and their successors in office: to fix and regulate the terms of tuition fees in said primary and other higher branches in said school or schools, to sue for and collect in their corporate name, any sum of money due to said district: to receive and apply to the uses of said school or schools, or any department thereof, any gift, legacy, bequest or annuities, given or bequeathed to said board and apply the same, according to the instruction of the donor or testator. To take and hold any real estate given or bequeathed to said board for the purposes of said school or schools, or any department thereof, and apply the same, or the interests or proceeds thereof, according to the terms and instructions of the donor or testator: to have in all respects the superintendence, supervision, management and control of said school or schools, or any department thereof, and to hire, pay and discharge any teacher or teachers, employed by them in said school or department thereof. Restrictions. § 13. Said board of education shall in all respects be subject to the restrictions and control of the superintendents of common schools, of the town, county and state, in the same manner as the district, common schools in this state are subject. § 14. Said board of education shall have power, and are hereby authorised to receive into said schools and cause to be instructed therein any pupil or pupils residing out of said district, and to regulate the term of tuition fees of such pupils. Pupils out of Moneys to whom paid plied. § 15. All moneys raised in said district for the purposes of and how ap- said school, and all moneys to be received by such district from the common school fund or other source, shall be annually paid to the said board of education, and be applied by them for the uses of said school or schools according to law. board to exe Members of § 16. The members of said board of edcuation, before receivcute bonds, ing any moneys belonging to said district, shall severally execute to the town superintendent of common schools of the town of Ridgeway, their separate bonds with two sufficient sureties to be approved by said town superintendent, in a penalty at least double the amount to be expended by them, for the benefit of said school during the next ensuing year, conditioned that such trustee giving such bond, will faithfully account for the expenditure of all moneys, 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, and any trustee, treasurer of said district, or member of said board, who shall apply any moneys belonging to said district to his own use shall be deemed guilty of embezzlement. Money to be raised by tax. Provisions relative to property, § 17. This act shall take effect immediately. Chap. 287. AN ACT in relation to the village of Hamilton. Passed April 9, 1849, "three-fifths being present." The people of the state of New-York, represented in Senate and Assembly do enact as follows: § 1. The inhabitants of the village of Hamilton, qualified to vote for the raising of moneys, shall have power pursuant to the provisions of the act entitled "An act to amend and condense the several acts in relation to the village of Hamilton," passed May 11th, 1840, to direct the raising by tax of such sum or sums not exceeding one thousand dollars as they may deem necessary for any of the purposes mentioned in said act or in this act. § 2. The fifteenth subdivision of the ninth section of said act is hereby amended so as to read as follows: 15. To provide for the safe keeping and repairing of the property of said corporation and to provide for the laying out-fencing parks, &c. and keeping the park, commons and other public grounds in said village in good order for the construction of a public fountain or fountains therein, and the sale or lease of the surplus waters thereof and may employ such agents and execute such contracts and obligations as shall be necessary for this purpose; and may enact and enforce penalties for any injury done to trees shubbery, fences or fountains standing in or on the park, commons or other public grounds in said village. trict. §3. For and during the term of five years from the passage Road disof this act and no longer the village of Hamilton shall form and constitute one road district in the town of Hamilton, and the president of said village for the time being shall be overseer of the highways in said road district and shall cause the assessments upon the inhabitants of said road district made under the Revised Statutes in relation to highways to be expended within the limits of said district. § 4. This act shall take effect immediately. Chap. 288. AN ACT giving assent to the erection by the United States of a marine hospital at the old fort, military, or parade ground at Oswego. Passed April 9, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. None of the provisions of the "Act to cede the jurisdic- Marine hos tion of certain land near the mouth of the Oswego river to the pital. United States," passed March 27, 1821, or of the "Act to cede the jurisdiction of certain land near the mouth of the Oswego river to the United States," passed April 25, 1839, shall be construed to prevent the erection by the United States of a marine hospital on any part of said the land. § 2. Consent is given to the location or setting apart of any Location. part of the said land, for the uses of a marine hospital. Chap. 289. AN ACT for the relief of the heirs and personal representatives of John L. Bigelow, deceased. Passed April 9, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: and closed of § 1. The canal commissioner in charge of the Cayuga and Contract to Seneca canal, is authorised to settle and close the contract entered be settled into by John L. Bigelow, with the canal commissioners of the J. L. Bigestate of New-York, for the construction of lock number two, on low. the Cayuga and Seneca canal, bearing date August thirty first, Of J. L. Big Wood, A W. H. Doug lass. A. D. one thousand eight hundred and forty-eight, and to pay the administrators of the estate of said Bigelow, the value of the work done and materials furnished under said contract by said Bigelow; and upon receiving from the personal representatives of said Bigelow, a full acquittance and discharge of the state and canal commissioners of and from all obligations and liabilities under said contract, to cancel and annul the same. § 2. The canal commissioner in charge of the Cayuga and D. Seneca canal, is authorised to settle and close the contract entered into by John L. Bigelow, Asa D. Wood, Ambrose Clark and William H. Douglass, with the canal commissioners of the state of New-York, for the construction of lock number three, on the Cayuga and Seneca canal bearing date August twenty second, A. D. one thousand eight hundred and forty-eight, and to pay to the person or persons legally authorised and entitled to receive the same, the value of the work done and materials furnished under said contract; and upon receiving from said Asa D. Wood, Ambrose Clark, William H. Douglass, and the personal representatives of said John L. Bigelow, a full acquittance and discharge of the state and canal commissioners, of and from all obligations and liabilities under said contract, to cancel and annul the Amendment, same. §3. This act shall take effect immediately. Chap 290. AN ACT to amend "An act to authorise the formation of the Niagara Suspension Bridge House Company," passed April 11, 1848. Passed April 9, 1849. The People of the State of New-York represented in Senate and Assembly, do enact as follows: § 1. Section eight of chapter two hundred and thirty-two of the laws of 1848 shall be amended by inserting after the words "Creditors of the company," the words "To an amount equal to the amount of stock held by them respectively." § 2. Section nine of the said act is hereby repealed. |