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lected by him of the owner of such creature, and the said creature shall not be exempt from levy and sale upon execution issued upon judgment therefor.

S 5. If any person shall carry, or cause to be carried, in or Penalty for upon any vehicle or otherwise, any creature, in a cruel or in- carrying human manner, he shall be guilty of a misdemeanor; and a cruel whenever he shall be taken into custody therefor by any officer, such officer may take charge of such vebicle and its contents, and deposit the same in some safe place of custody; and any necessary expenses wbich may be incurred for taking charge of and keeping and sustaining the same, shall be a lien thereon, to be paid before the same can lawfully be recovered. Or the said expenses or any part thereof remaining unpaid, may be recovered by the person incurring the same, of the owner of said creature, in any action therefor.

S 6. Every person who shall hereafter use any dog or dogs License for for the purpose of drawing or helping to draw any cart, car

using dogs riage, truck, barrow or other vehicle, in any city or incorpo- vehicles. rated village, for busipess purposes, shall be required to take out a license for that purpose, from the mayor or president thereof, respectively, and shall have the number of said license and the residence of the owner distinctly painted thereon; and for each violation of this section shall forfeit and pay a fine of one dollar for the first offense, and a fine of ten dollars for each subsequent offense.

S 7. If any maimed, sick, ivfirm or disabled creature shall Penalty for be abandoned to die, by any person, in any public place, such inarmo person shall be guilty of a misdemeanor; and it shall be animals in lawful for any magistrate or captain of police in this state to place. appoint suitable persons to destroy such creature if unfit for further use.

S 8. Any agent of the American society for the prevention when agent of cruelty to animals, upon being designated thereto by the of society sheriff of any county in this state, may, within such county, for viola:

tions of this make arrests, and bring before any court or magistrate thereof act. having jurisdiction, offenders found violating the provisions of this act; and all fines imposed and collected in any such county, under the provisions of this act, shall inure to said society, in aid of the benevolent objects for which it was incorporated.

$ 9. This act shall take effect on the first day of May next. Who shall And the said American society for the prevention of cruelty pat, land this to animals shall cause the same to be published once in each when it week for three weeks, in four daily papers published in New published. York city, or in default thereof sball forfeit the right to receive the penalties and fines as provided.

S 10. Nothing in this act contained shall be construed to prohibit or interfere with any properly conducted scientific experiments or investigations, which experiments shall be

performed only under the authority of the faculty of some regularly incorporated medical college or university of the state of New York.

CHAP. 383. AN ACT regulating the practice in the first judicial district, as to holding special term at chambers.

PASSED April 15, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The governor of the state of New York is hereby authorized and directed within ten days after the passage of this act and within ten days prior to the first of January every two years succeeding, to designate in writing, one of the justices of the supreme court of the first judicial district, to hold the special term at chambers for the purpose of hearing and determining all ex parte and contested motions within said district exclusively, and the said justice shall thereupon hold such special term at chambers until another designation shall be made, as above provided.

$ 2. Whenever the justice designated to hold the special term at chambers, as aforesaid, shall be unable from sickness, necessary absence, resignation or death, or any other cause, to attend to the performance of his duties at chambers, then the presiding justice of the general term of the said first judicial district, may designate another justice of the supreme court of the said district, to temporarily hold said special term at chambers, until such justice designated by the gorernor shall resume the performance of his duties.

S 3. This act shall take effect immediately.

CHAP, 406. AN ACT to amend an act entitled “An act to revise and

consolidate the general acts relating to public instruction,” passed May second, eighteen hundred and sixtyfour, and to abolish rate bills authorized by special act.

PASSED April 16, 1867; three-fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four is hereby amended as follows: Section three of title two is hereby amended so as to read as follows:

nuisance.

$3. The school commissioner for each school commissioner Election of

commisdistrict shall be elected by the electors thereof, by separate sioners. ballot, at the general election, in the year one thousand eight hundred and sixty-six, and triennially thereafter, and the ballots shall be indorsed "school commissioner." The laws regulating the election of and canvassing the votes for county officers shall apply to such elections. And it shall further be County the duty of county clerks, and they are hereby required, as soon cerkty to as they shall have official notice of the election or appointment purperina of a school commissioner, for any district in their county, to public

instruction. forward to the superintendent of public instruction a duplicate certificate of such election or appointment, attested by their signature and the seal of the county.

Ante, vol. 6, p. 308. § 2. Subdivisions three and four of section thirteen of title two are bereby amended so as to read as follows:

3. Upon such examination, to direct the trustees to make to direct any alteration or repair on the school house or outbuildings make which shall, in his opinion, be necessary to the health or repairs. comfort of the pupils, but the expense of making such alterations or repairs shall, in no case, exceed the sum of two hundred dollars, unless an additional sum shall be voted by the district. He may also direct the trustees to abate any To abate nuisance in or upon the premises, provided the same can be done at an expense not exceeding twenty-five dollars.

4. In concurrence with the supervisor of the town in which condem. a school house is situated, by an order under their hands, schoolreciting the reason or reasons, to condemn such school house, if they deem it wholly unfit for use and not worth repairing, and to deliver the order to the trustees, or one of them, and transmit a copy to the superintendent of public instruction. Such order, if no time for its taking effect be stated in it, shall take effect immediately. They shall also state what sum, not to make an exceeding eight hundred dollars, will, in their opinion, be sam necesnecessary to erect a school house capable of accommodating build the children of the district. Immediately upon the receipt house. of said order, the trustee or trustees of such district shall call a special meeting of the inhabitants of said district, for the Trustees to purpose of considering the question of building a school meeting. house therein. Such meeting shall bave power to determine the size of said school house, the material to be used in its erection, and to vote a tax to build the same; but such meeting shall bave no power to reduce the estimate made by the commissioner and supervisor aforesaid by more than twenty-five per cent of such estimate. And where no tax for Trustees to building such house shall have been voted by such district within thirty days from the time of holding the first meeting to consider the question, then it shall be the duty of the trustee or trustees of such district to contract for the building of a school house capable of accommodating the children of

houses,

levy tax.

the district, and to levy a tax to pay the same, which tax shall not exceed the sum estimated as necessary by the commissioner and supervisor as aforesaid, and which shall not be less than such estimated sum by more than twenty-five per cent thereof. But such estimated sum may be increased by a vote of the inhabitants at any school meeting subsequently called and held according to law.

Ante, vol. 6, p. 310 $ 3. Section one of title three is hereby amended so as to

read as follows: State tax § 1. There shall be raised by tax, in the present and each for support of schools. sncceeding year, upon the real and personal estate of each

county within the state, one mill and one-fourth of a mill
upon each and every dollar of the equalized valuation of such
estate, for the support of common schools in the state; and
the proceeds of such tax sball be apportioned and distributed
as herein provided.

Ante, vol. 6, p. 311.
S 4. Section four of title three is hereby amended so as to

read as follows: Comptrol 4. The comptroller may withhold the payment of any withhold moneys, to which any county may be entitled, from the moneys from

appropriation of the incomes of the school fund and the counties. United States deposit fund for the support of common

schools, until satisfactory evidence shall be furnished to him that all moneys required by law to be raised by taxation

upon such county, for the support of schools throughout the Treasurer state, bave been collected and paid, or accounted for to the intendent state treasurer ; and whenever, after the first day of March maregrow in any year, in consequence of the failure of any county to

pay such moneys on or before that day, there shall be a
deficiency of moneys in the treasury applicable to the pay-
ment of school moneys, to which any other county may be
entitled, the treasurer and superintendent of public instruction
are hereby authorized to make a temporary loan of the amount
so deficient, and such loan, and the interest thereon at the rate
of twelve per cent per annum, until payment shall be made
to the treasury, shall be a charge upon the county in default,
and shall be added to the amount of state tax, and levied
upon such county by the board of supervisors thereof at the
next epsuing assessment, and shall be paid into the treasury
in the same manner as other taxes.

Ante, vol. 6, p. 312.
S 5. Section two of title six is hereby amended so as to read

as follows: May alter 2. With the written consent of the trustees of all the disany district

tricts to be affected thereby, he may, by order, alter any school sent of trustees.

district within his jurisdiction, and fix, by said order, a day When to when the alteration shall take effect.

Ante, vol. 6, p. 324.

with con

take effect.

$ 6. Section three of title six is hereby amended so as to read as follows:

Ante, vol. 6, p. 324. $ 3. If the trustees of any such district refuse to consent, Procedure he may make and file with the town clerk his order making tees refuse the alteration, but reciting the refusal, and directing that the alteration. order shall not take effect, as to the dissenting district or districts, until a day therein to be named, and not less than three months after the notice in the next section mentioned.

§ 7. Section twelve of title seven is hereby amended so as to read as follows:

$ 12. Every male person of full age residing in any neigb- Voters, borhood or school district, and entitled to hold lands in this fications state, who owns or hires real property in such neighborhood or school district liable to taxatiop for school purposes, and every resident of such neighborhood or district authorized to vote at town meetings of the town in which he resides, who has permanently residing with him a child or children of school age, some one or more of whom shall bave attended the district school for a period of at least eight weeks within one year preceding, or who owns any personal property liable to be taxed for school purposes in any such district, exceeding fifty dollars in value, exclusive of such as is exempt from execution, and no other, shall be entitled to vote at any school meeting held in such neighborhood or district.

Ante, vol. 6, p. 327. S 8. Section sixteen of title seven is hereby amended by adding thereto the following subdivision :

16. To vote a tax to pay whatever deficiency there may Tax for be in teachers' wages after the public money apportioned to in teachers' the district shall have been applied thereto; but if the in- wages. habitants shall neglect or refuse to vote a tax for this purpose, or if they shall vote a tax wbich shall prove insufficient to cover such deficiency, then the trustees are authorized, and it is hereby made their duty, to raise by district tax any reasonable sum that may be necessary to pay the balance of teachers' wages remaining unpaid, the same as if such tax had been authorized by a vote of the inhabitants.

Ante, vol. 6, p. 328. $ 9. Section eighteen of title seven is hereby amended so as to read as follows:

18. No tax voted by a district meeting for building, bir- Tak for ing or purchasing a school house, exceeding the sum of one house, ir thousand dollars, shall be levied by the trustees, unless the over $1.000, commissioner in whose district the school house of said dis-approved trict is situated shall certify in writing his approval of such słoner. larger sum.

Ante, vol. 6, p. 329.

by commis.

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