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CHAP. 76.

AN ACT in relation to the Orphan Asylum societies at
Brooklyn.

Passed March 7, 1848.

The People of the State of New-York, represented in Seante and Assembly, do enact as follows:

neys to be

§1. The Orphan Asylum societies of the city of Brooklyn, School moshall participate in the distribution of the school monies distributed raised in said city, in proportion to the number of children to asylum. between the ages of four and sixteen, who have been under the charge of said societies during the past year, and instructed in such manner as is usual in common schools, and shall hereafter be annually entitled to such distributive share in the same manner, and to the same extent, as is now or shall be provided in respect to the common schools of said city.

ion of the

2. The schools of said societies shall be subject to the Supervis general supervision of the board of education of said city, schools. but remaining under the immediate direction and management of the said societies as heretofore.

§ 3. This act shall take effect immediately.

CHAP. 7.

AN ACT in relation to laying out private roads.

Passed March 8, 1848.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

roads how

to be laid

§ 1. Private roads may be laid out upon application being Private made to the commissioner or commissioners of highways of any town; and they or he shall proceed in the manner pro- out. vided in the tenth section of an act passed December 4, 1847, entitled "An act to amend an act, entitled, an act to reduce the number of town officers, and town and county expenses, and to prevent abuses in auditing town and county accounts, passed May 10, 1845," to give notice and summon a jury; and all the proceedings required by said tenth section shall be had, and the jury shall determine the necessity of the road, and the amount of damage to be sustained by the opening thereof, and such amount together with the expenses of the proceedings, shall be paid by the person to be benefited.

§ 2. This act shall take effect immediately.

Provision

officers

1847.

CHAP. 78.

AN ACT to amend an act entitled "An act to divide the town of Westchester, in the county of Westchester," passed May 13, 1846.

Passed March 8, 1848.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§1. The several town officers elected in the towns of respecting Westchester and West Farms, at the annual town meeting. elected in held in said towns in April, eighteen hundred and fortyseven, shall be deemed and held the successors of the town officers elected in the late town of Westchester, at the annual election for town officers held in said town in April, eighteen hundred and forty-six.

Commis

highways

2. The commissioners of highways elected in the town sioners of of Westchester, at the annual election for town officers in to account. April, eighteen hundred and forty-six, shall, on or before the third Tuesday of March, eighteen hundred and forty-eight, account to the commissioners of highways of the towns of Westchester and West Farms, for all moneys remaining in their hands as such commissioners, and render a true account of all moneys received and paid by them collectively and respectively as such commissioners..

Suits how to be brought.

City of Albany excepted.

§ 3. All suits upon bonds given to the supervisor of the late town of Westchester, or for claims due or to become due to said town, may be brought in the name of Andrew Findlay, as supervisor of the late town of Westchester, or in the names of the supervisors of the towns of Westchester and West Farms, as now erected, or either of them, as the successor or successors of the said Andrew Findlay.、

§ 4. This act shall take effect immediately.

CHAP. 79.

AN ACT to amend the act entitled "An act to extend the time for the collection of taxes in the county of Albany," passed February 26, 1848.

Passed March 10, 1848.

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 entitled "An act to extend the time for the collection of taxes in the county of Albany," passed February 26, 1848, shall apply to the city of Albany.

§ 2. This act shall take effect immediately.

CHAP. 80.

AN ACT to authorise the canal appraisers to appraise the damages sustained by the town of Alabama, by the water of the canal feeder from the Tonawanda creek, and to provide for the payment thereof.

Passed March 10, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

to be

§1. The canal appraisers are hereby authorised and re- Damages quired to appraise the damages sustained by the town of appraised. Alabama, in the county of Genesee, (if any,) by reason of the roads and highways of said town being overflowed by water from the canal feeder, leading from the Tonawanda to the Oak orchard creek, if they shall decide that the state is equitably bound to pay such damages.

when to be

§2. The commissioners of the canal fund shall pay to the Payment commissioners of highways of the said town out of any made. moneys in their hands appropriated or to be appropriated for the payment of canal damages, such sum as may be awarded under this act, to be applied by said commissioners of highways in constructing or repairing the roads and bridges in said town.

§3. This act shall take effect immediately.

CHAP. 81.

AN ACT to establish free schools in district number five, in the town of Flushing.

Passed March 10, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

district.

§ 1. School district number five in the town of Flushing, Permanent in the county of Queens, shall form a permanent school dis trict, and shall not be subject to alteration by the town superintendent of common schools for the town in which said district is situated.

tion of

education.

§ 2. The said district shall be under the direction of a To be un board to be styled "the board of education," which board der direcshall consist of five members, three or more of whom shall board of constitute a quorum for the transaction of business; Effingham W. Lawrence, Edward E. Mitchell, Samuel B. Parsons William H. Fairweather and Thomas Leggett, junior, shall compose the first board of education, and shall hold their offices from one to five years; that is to say, one shall go out of office in each year, and in the order in which their names stand recorded in this section.

board to be elected in

district.

Member of 3. There shall be elected in each year in said district, one member of said board of education, who shall be a resident and taxable inhabitant of said district, and shall hold his office for five years, the said election shall take place at the annual meeting of said district, and the board of education shall appoint three suitable persons as inspectors of said election, and of all other elections provided for by this act, except as provided in section fourteenth of this act, within thirty days next preceding any such election; such elections shall be by ballot, and notice thereof shall be given, the same shall be held and conducted, the votes shall be canvassed, and the result of the election determined in the same manner as in the case of the annual election of other village officers.

By-Laws may be made

Money to be raised by tax.

Also for interest.

Yearly tax to be levied.

§ 4. The said board of education shall have authority to make all necessary by-laws for their government, they shall have the entire control and management of all the common schools within said district, and all the property belonging to the same; they may appoint a collector, who shall have all the powers of a district collector, and shall have and possess all the rights, powers and authority of town superintendent of common schools within said district; they shall require at least two of their number to visit each school in said district at least once a week, to render such assistance to the teacher and advice to the pupils as may be necessary, and to see that the regulations are rigidly adhered to.

5. The said board of education are hereby authorized and empowered to raise by tax upon said district, or to borrow a sum not exceeding the sum of five thousand dollars, the repayment of which may be secured by a mortgage upon the property of said district, to be executed by said board in their official capacity, and to be payable by annual instal-` ments of not less than five hundred dollars each.

§ 6. The said board of education, in addition to the other taxes which they are directed to raise, shall levy and collect a sum sufficient to pay any interest on the above mentioned loans, and they shall also in each year in which any instalment of principal shall become payable, levy and collect an amount sufficient to pay such instalment, which sums so collected shall be paid over by said board in discharge of such interest and instalment.

The said board of education are hereby authorized and directed to levy and collect by tax in each year, upon all the taxable property in said district, such sum as may be necessary, not exceeding in amount one-fifth of one per cent. on the value of such taxable property, as the same shall be assessed by the assessors of the town of Flushing. And the said board shall add to the amount of any warrant for the collection of taxes, such amount as they shall deem proper,

as the collectors fees for collection, which compensation, however, shall in no case exceed five per cent. on the amount of any warrant.

received

§8. The town superintendent of common schools of the Money town of Flushing, shall pay to the said board of education, from state all the public money that said district number five shall be how paid. entitled to receive from the state.

make re

§9. The said board of education shall make a report to Board to the annual district meeting in each year, which report shall port. state the number and condition of the schools in the district, the number of scholars attending the same, the studies pursued, the amount of moneys raised in the district for school purposes and the expenditure thereof, and generally all the particulars relating to the schools. The report shall be published in a newspaper published in the town of Flushing, at least two weeks immediately previous to the annual meeting at which it shall be presented.

school li

10. The board of education shall have control and charge District of the district school library in said district, they may em- brary. ploy a librarian, make such addition to the library, and such regulations in relation thereto, as they shall deem neces

sary.

colored

§ 11. The school for the colored children under the charge School for of the female association, in the village of Flushing, may children. with the consent of said association, be taken under the charge of the board of education, and be organized as a district school, and be supported as the other schools in said district are under this act.

houses.

§ 12. Whenever the said board of education shall deem it School necessary to erect one or more school houses in said district, they shall prepare an estimate, showing the location proposed, the cost of the grounds required, a plan of the building with the estimated cost, and shall submit the same to the electors of said district, at a special meeting to be called for that purpose (as other special meetings are required to be called ;) and if a majority of all the electors present at said meeting shall vote in favor of the same, then the said board shall proceed to erect the said school house or houses, in the manner proposed by said estimate.

meetings.

§ 13. The said board of education may call special meet- Special ings of said district, whenever they may deem it necessary, they shall give notice of the same by posting up a written or printed notice thereof, in at least four public places in said village, and by publishing the same in a newspaper published in the village of Flushing, at least one week previous to the time fixed for said meeting, which notice shall state the time and place of such meeting, and the purpose for which the same is called; and no business shall be transacted at any

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