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concerned, itemized accounts, separate in each case, of the respectivo expenditures authorized by the preceding section of this act, and forward the same to the board of supervisors chargeable with the account. The board shall thereupon direct the county treasurer to pay the amount so charged to the treasurer of the institution for the blind, on or before the first day of March next ensuing.

16. The counties against which the said accounts shall be and pay.. made out as aforesaid shall cause their respective treasurers, same.

ment of the in the name of their respective counties, to collect the same, by legal process, if necessary, from the parents or estates of the pupils who have the ability to pay, on whose account the said expenditures shall have been made ; provided that at least five hundred dollars' value of the property of such parents or estate shall be exempt from the payment of the accounts aforesaid.

917. The institution shall be entitled to receive copies of Books all books and other publications which are distributed gratui- ously dis.

tributed by tously by the state to township or county libraries, common state. schools, academies, colleges and societies. It may also receive, in the name of the state, bequests or donations of money or any kind of property, but such money or property sball in all cases belong to the state, and be subject to its control; provided that the same shall not be diverted from the particular object for which it shall be bequeathed or donated.

3 18. The board of trustees shall keep full and complete Records of records of their proceedings, and make an annual report of ings of tbe same to the legislature, at the commencement of the board of regular session thereof, strictly accounting in detail for their expenditures, on account of the institution, during the preceding fiscal year, of the state, setting forth the progress and condition of the several departments of the institution, making such suggestions concerning its future management as they may deem essential, and submitting proper estimates of the funds needed for its support, as well as for building and all other purposes.

§ 19. The state treasurer is hereby directed to pay over to Payment the board of trustees, upon the warrant of the comptroller, priations. all moneys which sball hereafter be appropriated on account of the New York state institution for the blind; the general appropriations for the current support of the institution, to be paid in equal quarterly installments, and specific appropriations for building and other purposes, to be paid when needed by the trustees. $ 20. All drafts upon the state treasury on behalf of the Drafts upon

the state. institution shall be based upon orders of the board of trustees, signed by the president and secretary of the same, and attested by the common seal of the institution.

Further

tion.

$ 21. Sections nineteen and twenty of this act shall not be construed to alter, impair or affect the powers or duties of the building commissioners appointed under the provisions of chapter five bundred and eighty-seven of the laws of eighteen hundred and sixty-five; and nothing in this act shall be construed to interfere with the erection by said building commissioners of the state institution for the blind, in accordance with the plans heretofore approved by the governor, secretary of state and comptroller; and all moneys now or hereafter to be appropriated for the building of said institution shall be paid to said building commissioners for that purpose.

$ 22. The New York institution for the blind shall continue the instita- to have the custody, charge, maintenance and education of

all such pupils as are now intrusted to them by the state, and of any others who may be appointed prior to the opening of the state institution at Batavia, and shall receive compensation from the state for the maintenance, education and support of said pupils, in the same manner as is now or has heretofore been provided, and shall receive the same amount per capita from the counties from which said pupils are respectively appointed as is now paid, for their clothing, until such period as the New York state institntion for the blind shall be ready to receive such pupils, and shall then, without reference to the term of years for which said pupils have been appointed under existing laws, and received by said New York institution for the blind, transfer said pupils to said state institution; provided, however, that they shall retain and continue to receive all pupils heretofore appointed or hereafter to be appointed from the counties of New York and Kings, under the appointment of the superintendent of public instruction, in like manner as is now provided by law to be received, maintained and educated by the said New York institution for the blind, which shall be compensated for their maintenance and education by the state, and for their clothing by the counties from which they are appointed, in like manner as is now done.

$ 23. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

S 24. This act shall take effect immediately.

CHAP. 752.
AN ACT in relation to the navigation of the Cayuga and

Seneca canal.

Passed April 24, 1867; three-fifths being present The People of the State of New York, represented in Sena and Assembly, do enact as follows :

SECTION 1. The canal commissioners are hereby authorized to raise the state dam at Waterloo to and maintain the same

at a height not exceeding the height of the original state dam at that place, but so as not to raise the waters of Seneca lake above the natural height of the waters of said lake. And they are also authorized, when the bridge across the outlet of Seneca lake is rebuilt, to lower the same to a height no more than sufficient to pass the largest size canal boats.

$ 2. The expense of raising the said dam, not exceeding one thousand dollars, shall be paid out of any funds appropriated for extraordinary repairs of the middle division of the canals.

$ 3. No claim shall be made or entertained for any damages to land or property, by reason of restoring the said dam to its original height, by the provisions of this act.

S 4. This act shall take effect immediately.

CHAP. 763.
AN ACT to amend chapter five hundred and eighty-five

of the laws of eighteen hundred and sixty-five, so as to
change the mode

of electing the trustees of the Cornell University, to extend the time for providing buildings, fixtures and arrangements, and to authorize the trustees to borrow money.

PASSED April 24, 1867; three-fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The second section of chapter five hundred and eighty-five of the laws of eighteen hundred and sixty-five, entitled "An act to establish the Cornell university, and to appropriate to it the income of the sale of public lands granted to this state by congress, on the second day of July, eighteen bundred and sixty-two, also to restrict the operation of chapter five hundred and eleven of the laws of eighteen hundred and sixty-three," is hereby amended so as to read as follows:

§ 2. The first board of trustees of said corporation shall consist of the persons named in the first section of this act. trustees of In addition thereto, the governor, the lieutenant-governor, the speaker of the house of assembly, the superintendent of public instruction, the president of the board of faculty of the said corporation, the president of the state agricultural society, the librarian of the Cornell library, the eldest lineal male descendant of Ezra Cornell, shall be trustees thereof ex officio. Esta Core The said Ezra Cornell shall be a trustee thereof until he shall nell. die or resign. In addition to the number of trustees herein provided for, there shall be elected by them, or by a quorum reven other of them, at their first meeting, by the vote of a majority of be choren. such quorum, seven other trustees to act with them as the board of trustees of said university ; but at no time shall a

Additional

first board.

When

trustee

vacate his office.

Division into clang

es, etc,

ofiice.

trustees.

A majority majority of the board be of any one religious sect, or of po one relig" religious sect. Whenever any one of the seven trustees so ious sect.

elected by the others shall become a trustee ex officio, by being When elected chosen as the president of the board of faculty of the unideemed to versity, his office as an elected trustee shall become vacant,

and shall not again be filled in any manner; and the number of trustees, other than of those who are trustees ex officio, including in the ex officio trustees the said Ezra Cornell, shall not again exceed fifteen. The said fifteen trustees, who are not such ex officio, shall, at the first annual commencement of the said university, be divided into classes, by lot, of three in each class. The first lot shall be cast in such manner as

shall be provided by the by-laws of the university, or by the Terms of resolution of the board of trustees. The term of office of

the first class of said elective trustees shall terminate at the end of five years from the said first annual commencement; the term of office of the second class shall terminate at the end of six years from the said first annual commencement; the term of office of the third class shall terminate at the end of seven years from the said first annual commencement; the term of office of the fourth class shall terminate at the end of eight years from the said first annual commencement; the

term of office of the fifth class shall terminate at the end of Election of nine years from the said first annual commencement. On the

expiration of the term of any such class, and at the then next annual commencoment, three trustees shall be elected to fill the place of such class. All trustees elected after the first election, as herein provided, shall hold office for five years from the appual commencement at which they are elected. The election thereof shall be by ballot, and thirteen of the

ballots cast shall concur before any one is thereby elected a Trustees ; trustee.

trustee. The said trustees shall be elected by the votes of be chosen those of the board of trustees whose term does not expire, alumni until the alumpi of the said university shall have reached equal one

one hundred. Who shall be deemed the alumni of the said university shall be prescribed by the by-laws of the said upiversity, and such prescription shall be made at or before the first annual commencement of the said university, and the same shall not be changed except by act of the legislature. When the number of the alumpi sball bave reached one hundred, and so long as such number continues at one hundred or upwards, the trustees to be elected at the end of any year shall be elected as follows: The board of trustees shall, in the manner herein provided, elect two; the said alumni, if forty-five of them shall meet at the said university at the time above specified, shall, in the manner above provided, elect one trustee; but not unless a majority of those present shall concur in the election. If forty-five of the alumni shall not so meet, or so meeting shall not so elect, or if at any time

before

hundred.

Alter.

the alumni shall not be one hundred, the board of trustees shall elect the three trustees in the manner above provided.

Ante, vol. 6, p. 526. $2. The seventh section of the said act is hereby amended 80 as to read as follows:

$ 7. The trustees of the said university, if they shall be- Provisions come entitled to the benefits of this act, shall make provisions regarding to the satisfaction of the regents, in respect to the buildings, etc. beror fxtures and arrangements generally, on or before the first day October. of October, anno Domini eighteen hundred and sixty-eight, to fulfill the provisions of the aforesaid act of congress; they shall also make all reports and perform such other acts as may be necessary to conform to the act of congress aforesaid. The said university shall be subject to the visitation of the regents of the state of New York.

Ante, vol. 6, p. 528. $3. The trustees of the said university are hereby author- Loans by ized to borrow, from time to time, for the erection and equipment of necessary university buildings, a sum pot exceeding in all fifty thousand dollars, and secure the repayment of the same by note or bond, as shall be agreed upon. $ 4. This act shall take effect immediately.

trustees.

CHAP. 775.
AN ACT to amend an act entitled "An act to authorize

the formation of railroad corporations, and to regulate
the same,” passed April second, eighteen hundred and
fifty.

PASSED April 25, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. If any corporation formed under an act entitled "An act to authorize the formation of railroad corporations, and to regulate the same,” passed April second, eighteen hundred and fifty, shall not, within five years after its articles of association are filed and recorded in the office of the secretary of state, begin the construction of its road, and expend thereon ten per cent on the amount of its capital, or shall not finish its road and put it in operation in ten years from the time of filing its articles of association, as aforesaid, its corporate existence and powers shall cease.

Ante, vol. 3, p. 617.

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