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Amended 1878, ch. 285, post.

TOWN MEETINGS BY ELECTION DISTRICTS. 26. Upon the application of any town duly made by the vote of any annual town meeting, to authorize the annual town meetings and all special town meetings in such town, to be held by election districts, and to prescribe the manner in which the town business shall be conducted in such districts and the results ascertained and recorded.

Amended
1880, ch.
504, post, p.
1038.

DESIGNATION OF NUMBER OF ASSESSORS. 27. To designate, upon the application of any town, duly made by the vote of its electors at an annual town meeting, the number of assessors of such town, as their terms expire, not to exceed three, and when the number of assessors shall be reduced to one, to increase his compensation to an amount not exceeding three dollars per diem.

Amended 1878, ch. 239, post.

UNION SCHOOL DISTRICTS. 28. To authorize boards of trustees or of education in any union free school district established in conformity to the general or to any special law of this State on the application of a majority of the taxable inhabitants of the district, voting on the question at a duly called meeting, to sell or exchange real estate belonging to the district, for the purpose of improving or changing school-house sites, and to increase or diminish the number of members of such boards.

TOWNS AUTHORIZED TO BORROW MONEY.

28. To authorize any town to issue its bonds and borrow money thereon, for a term not exceeding twenty years, for any purpose specified in subdivisions six, seven, twenty and twenty-three of this section ; but every act of such board of supervisors authorizing such loan shall provide for the imposition of taxes to pay the same in equal yearly installments with the interest thereon, within the time specified in this subdivision.

TAX TO PAY LOANS. 30. To provide for the assessment, levy and collection, in the same manner as other town and county taxes are assessed, levied and col. lected, of any charge which may be incurred by any town or by the county at large, under the provisions of this act.*

82. The powers hereby conferred (except as stated in section seven) Powers,

shall be exercised by boards of supervisors at stated sessions, to be fixed by them, or at special sessions to be called by a majority of their number, or to be held by adjournment from a previous session. Every

resolution proposing a change in the location of a county court-house, quisite to jail or clerk's office, and every resolution proposing action under any solutions previous law wherein the assent of two-thirds of all the members of

the board is required, shall require for its passag? the assent of twothirds of all the supervisors elected to the board, and every other resolution adopted in pursuance of this act shall require for its passage the assent of a majority of all the supervisors elected to the board, to

be ascertained by taking the yeas and nays, which shall be recorded in Form and its journal of proceedings. And every resolution adopted in pursu

ance of the provisions of the first section of this act and of any previous act conferring legislative powers on boards of supervisors shall be prefixed by a title concisely expressing its contents, following which shall be a reference to the law or laws, from which the authority to * Five additional subdivisions were added to this section by L. 1880, cb, 512, post, p. 1040.

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pass the resolution shall be derived, and a statement of the vote,
whether by two-thirds or a majority of all, by which it was passed, and
in the cases where it is required that the resolution should receive the
assent of the supervisor of the town to which it applies, the fact
whether or not it received such assent shall be also stated, and all
resolutions so adopted shall be numbered in the order of their
passage and certified by the chairman and clerk, and, within six weeks
after the close of each session, published in the newspapers in the To be pub-
county appointed to publish the session laws of the Legislature. And lished.
an official copy of all such resolutions, duly attested by the signatures Copies of
of the chairman and clerk and by the official seal of the board, shall tions to be
be filed in the office of the county clerk within one week after the üled.
close of any session, and an exemplified copy of any such resolution Evidence,
under the hand and seal of such county clerk shall be presumptive ch.219,
evidence of the passage of such resolution, in all the courts of this post, p. 566.
State. The compensation to be paid for publishing such resolutions Compen-
shall be fixed by the board of supervisors and paid for as a county publish-
charge.

$ 3. In every resolution of a board of supervisors authorizing the Resolution
issue of bonds or other obligations, there shall be contained a provision izing issue
requiring adequate security in addition to the security now required by of bonds.
law, to be given by the officer, or by the board of officers authorized to
issue them, for the faithful performance of his or their duty, in the
issue of such bonds, and the lawful application of the funds arising
therefrom, and the full accounting therefor, and of the funds which
may be raised by tax for the payment thereof, which may come into
his or their hands, annually, to the board of supervisors.

$ 4. In every resolution of such board, authorizing the issue of any bond or other obligation of debt, the form of the obligation to be issued, the time and place of payment thereof, and the rate of interest to be paid thereon, not exceeding seven per cent per annum, shall be specified, and no bond or other obligation shall be sold by the county, or by any city, town or village, for less than the par value thereof.

$ 5. No change shall be made in the location of any county build- Change in ing beyond the boundaries of the incorporated village or city where it location inay be situated, unless approved, if in the case of a court-house, jail building. or county clerk's office, by a vote of two-thirds of the electors of the county voting thereon, and in other cases, by the vote of a majority of such electors, to be determined by ballot at the annual town meeting in any year, and of which proposed vote, previous notice shall be given by publication of a resolution of the board of supervisors passed by a two-third vote of all the members thereof in the proceedings of the annual meeting of the board next preceding the submission of such question, and in such other manner as the board shall prescribe. No sale of sale of any site or building where the location shall be changed shall be made, sites and except to the person or persons who shall pay the greatest sum therefor, after publication once in each week for six successive weeks of a notice specifying the time and place of receiving sealed proposals for such sale in the newspapers published at the county seat; or, if no newspaper be there published, then the two newspapers next nearest to such county seat; and, in case of a sale, conveyance by deed shall be made in behalf of the county, by such county officer as the board shall authorize to make such conveyance.

$ 6. Whenever, in the exercise by a board of supervisors of any of When the powers conferred by this act, any enactment shall be made which statuto sball be in conflict with any existing statute law of this State, such ficts.

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law, or so much thereof as shall so conflict, shall, for the purposes of this act, be inoperative in the case or cases provided for by such enactment.

§ 7. County boards of supervisors shall also have authority, by resolution, to be duly entered in their minutes of proceedings, aid to

be published therewith: To deter- 1. To determine, unless the same shall have been determined by a mine con- court having jurisdiction thereof, upon the returns of the proper cer member- tifying officers, and upon such other testimony furnished to them as ship.

would be competent in a court of law, all cases of contested member. ship in their respective boards, and, when so determined in any case, the decision shall be conclusive as to the right of the parties to the

contest. To make 2. To make rules for the conduct of their proceedings, to compel rules, oto. the attendance of absent members at meetings of their respective

boards, and for the maintenance of order and decorum at such meetings, and to enforce pecuniary penalties, not exceeding fifty dollars for. each offense, for the violation of such rules.

3. To determine, after the fifteenth day of November, eighteen hun.

dred and seventy-five, except in the county of Kings, in what newspapers for papers, not to exceed two, the election notices issued by the Secretary

of State, and the official canvass shall be published, and to fix the compensation for such publication. But in cases where such publication shall be ordered to be made in two newspapers such

papers

shall be of opposite political character. Compen- $ 8. For the services of supervisors, except in the counties of New

York, Albany and Kings, at the sessions of their respective boards, each supervisor shall receive from the county compensation at the rate of three dollars per day, including the whole day of twenty-four hours. Each supervisor shall also receive from the county for his services in making a copy of the assessment roll of his town or ward, including the extension of the tax list to be delivered to the collector or receiver of taxes, compensation at the rate of three cents for each written line for the first one hundred written lines on said roll and list, and two cents per line as aforesaid for the second hundred written lines, and one cent per line as aforesaid for all written lines in excess of three hundred." He shall also receive mileage at the rate of eight cents per mile for once going and returning from his residence to the place where the sessions of the board shall be held, by the most usual route, for each regular or special session provided for by this act. No other compensation, fee, charge or allowance of any kind shall be made to any supervisor for his services, except such as shall be by law a town charge; and any supervisor who shall receive or vote for any allowance in violation of the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction, pay, for the use of the county, such penalty as the court having cognizance of such offense shall adjudge, not exceeding two hundred and fifty dollars. But nothing in this section shall forbid the payment to any supervisor of his actual expenses incurred in any investigation or other duty which may be lawfully committed to him by the board, and which shall require his attendance at any place away from where he shall reside, and five miles or more distant from the place where the board shall hold its sessions. And all provisions of law inconsistent with this section are hereby repealed.

§ 9. This act shall take effect immediately.

CHAP 495.

ch. 278

office of

arbitrator."

AN ACT relating to the court of arbitration of the Chamber

of Commerce of the State of New York, and to provide for the expenses thereof.

PASSED June 5, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter two hundred and seventy-eight of the laws of Amending eighteen hundred and seventy-four, entitled "An act to amend chapter Class 1874. two hundred and fifty-one of the laws of eighteen hundred and sixty- Ante, vol. one, and to provide for the arbitration of mercantile disputes in the 9, p. 888. port of New York,” passed April twenty-nine, eighteen hundred and seventy-four, is hereby amended ; and such amendments are comprised in the following sections of this act:

$ 2. The arbitrator of the court of arbitration of the Chamber of Term of Commerce of the State of New York holds office during good behavior, arbitrator, and may be removed by the Governor, if, upon due notice and after a hearing, he is found guilty by the Governor of malfeasance, misfeasance or continued non-feasance in office. The expression “ official arbitra- "Official 'tor," as used in this act, refers to the officer designated in this section. In case of the resignation, removal or death of such official arbitrator, Vacancy. his successor must be nominated and appointed by the Governor, with the advice and consent of the Senate, and commissioned by the Governor. Every such official arbitrator appointed after this act takes effect, Oath of must file with the Secretary of State the Constitutional oath of office. office. Unless he files his oath of office within ten days after his confirmation by the Senate, he is deemed to have declined the office.

$ 3. The official arbitrator has power to administer oaths and, affirmation, to be used before any court or officer; to take the proof arbitrator. and acknowledgment of any charter-party, marine protest, contract or other written instrument; and to require any witness to appear and testify before him, or the said court of arbitration, or before the board of arbitrators hereinafter provided for in matters pending in said court. He must adopt and promulgate short and simple rules to be observed in proceedings taken as prescribed in this act; and he has power to do and order whatever may be necessary to carry out the provisions of this act.

§ 4. The clerk of the said court of arbitration is known as the Clerk. arbitration clerk, and holds office during the pleasure of said chamber. In case of his death, resignation or removal, the said chamber of commerce must elect his successor. The Governor must appoint and commission the person so elected; but before such commission can be issued, the person so elected must file in the office of the Secretary of State an official oath to the same effect as the Constitutional oath of office. Unless he files such oath within ten days after his election, he is deemed to have declined the office. The said chamber of commerce may authorize the arbitration clerk to appoint one or more assistants, and provide for their compensation.

$ 5. The arbitration clerk must safely and correctly keep all the Records of minutes, documents, records, books and other papers and effects of the the court. official arbitrator and of the said court of arbitration, and relating to the arbitration for which this act provides. Any person who steals,

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mutilates or alters any book, record, or paper filed with or kept by the arbitration clerk, is guilty of the same offense, and is punishable therefor in the same manner as if such act was committed with respect to a record kept, as prescribed by law, in the office of the clerk of the county of New York.

§ 6. The salary of the official arbitrator shall be at the rate of ten Repealed thousand dollars per annum, commencing with the first day of Janu. by ch. , L. 1873,

ary, eighteen hundred and seventy-five, and shall be raised and paid post, p. 1115. out of the State treasury on the warrant of the Comptroller, in the

same manner as salaries of judges of the Supreme Court. The salary of the arbitration clerk shall be three thousand dollars per annum, commencing at the same period, and shall be raised and paid in the

same manner. Rooms and § 7. Said chamber of commerce shall provide proper and convenient

rooms and furniture, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of the business of said court; and such expenses shall be borne by said chamber, at its own proper cost and charges.

§ 8. The seal now in use by the official arbitrator shall continue to be the seal of his office and of said court. Any award or order made pursuant to this act, or any certified copy thereof, must be authenticated by such seal. If the seal now in use is lost, injured or destroyed, the official arbitrator must cause a new seal to be made, which shall thereupon become such official seal.

$ 9. Upon the application of the parties interested, or their represtrue con- sentatives, the official arbitrator must interpret or construe any oral

or written contract, pertaining to any matter, which might be the subject of arbitration under the provisions of this act; and he must, if required by either party, make a written award thereupon.

§ 10. The parties to any controversy, dispute or matter of difference, arising or being within the port of New York, or relating to a subjectmatter situate or coming within that port, as the collection district of that port is established and limited by the act of Congress of the United States of America, approved March second, seventeen hundred and ninety-nine, may voluntarily submit the same to the said court of arbitration of the chamber of commerce, by written submission or by personal appearance in said court, and in oral submission as herein

after mentioned. Applica- $ 11. An application to interpret and construe a contract, as pre

scribed in the last section but one, and a voluntary submission as contracts prescribed in the last section may be made in either of the following

methods : how made. 1. By filing with the arbitration clerk a written instrument con

taining such application, or submission executed by the parties and acknowledged or proved before the clerk of said court, or before any other officer authorized to take acknowledgment of a deed to be recorded in the county of New York.

2. By the voluntary appearance of the parties before the official arbitrator, which, together with the substance of any oral submission made by them, must be entered in the minutes. Upon making such an application or submission, if both parties request an immediate hearing, the official arbitrator must grant an immediate hearing accordingly, or a speedy hearing where the state of the business before him will allow him to do so. In either case, one member of a firm or partnership, or their attorney in fact, may make such execution, acknowl

Bubmission of controversles.

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