sioners to

due union

same extent as other school districts are by law required to report. The said commissioners, in making apportionment of school money, Commis. shall designate the amount due said union district separate from other certify school districts in the town of Ithaca, and certify the amount due said amount district for teachers' wages and library, to the treasurer of the village district. of Ithaca and also to the treasurer of Tompkins county. The said County treasurer of Tompkins county shall, upon the draft of the treasurer of treasurer the village of Ithaca, pay annually to him the sum thus certified as village due the said union school district.

to pay to

treasurer.

of schools.

§ 25. Each member of the board of education shall visit all the Visitation schools in said union school district, at least once in each year of his official term, and the said board of education shall provide that each of said schools shall be visited by a committee of their number, at least once in each term, who shall report, in writing to said board the Report, condition of each school, and make such suggestions as they may deem gestions.

proper.

and sng.

free to

26. The schools organized under this act shall be free to all pupils Schools between the ages of five and twenty-one years who are actual residents residents. of said union school district. The board of education shall decide all questions of residence arising under this section. The said board may Rates of allow the children of non-residents to attend the schools of said district, non-resiand shall prescribe the rates for the tuition of such non-residents, pay- dents. able always in advance.

tuition of

§ 27. The said board of education shall be the trustees of the school Trustees district library of said union district, and all the provisions of law of library. which are now in force, or hereafter may be passed, relative to school district libraries, shall apply to said board of education in the same manner as if they were trustees of a school district. They shall be Their disvested with the same discretion as to the disposition of moneys, appro- cretion. priated by the laws of this State for the purchase of libraries, which is therein conferred on the inhabitants of school districts, and they shall Their have power to purchase, exchange, repair or dispose of any books or powers. other property of said library, or cause it to be done, and apply the proceeds to the purchase of other books or apparatus; also to provide suitable rooms and furniture for said library; and, further, they Library may appropriate for the benefit of said library, out of the moneys option annually raised in said district by the school tax, an amount not exceeding one hundred dollars, in addition to the library money received from the State.

priation.

ble or tax

able.

§ 28. The title of the school-houses, sites, furniture, books, and all School other school property belonging to the districts in this act mentioned, propert shall be vested in the union school district by this act created; and the district. same, while used or appropriated for school purposes, shall not be levied Not leviaon or sold by virtue of any warrant or execution, or other process, nor be subject to taxation for any purpose whatever; and the said union District school district, in its corporate capacity, shall be competent to take, may take, hold and dispose of any real or personal estate transferred to it by grant, and pergift, bequest or devise, for the use of the common schools or academy estate, of said union school district, whether the same be transferred in terms grant, gift, bequest or to said district by its proper style, or by any other designation, or to devise. any person or persons, or corporation, for the use of said schools or academy.

&c., real

sonal

by

§ 29. It shall be the duty of the board of education, between the first Annual and fifteenth days of October, of each year, to prepare and publish in one statement of receipts or more of the newspapers printed in the village of Ithaca, a true and and dis barsecorrect statement of the receipts and disbursements under the provisions ments to

be published.

What

statement shall contain.

Catalogue.

Existing school

offices,

and col

lectors in

of this act for the preceding year, ending September thirtieth, in which account shall be stated under appropriate heads:

1. The money raised by the board of education under the tenth section of this act.

2. The school moneys received by the treasurer of the village from the county treasurer.

3. The moneys received by the treasurer of the village under the tenth section of this act.

4. All other moneys received by the said treasurer, subject to the order of the board of education, specifying the sources from which they shall have been derived.

5. The manner in which such sums of money shall have been expended, specifying the amount under each bead of expenditures, and the person or persons to whom the money has been paid.

6. Such other information as they shall deem proper in regard to the condition of the schools under their care.

§ 30. The board of education may, whenever they think proper, prepare and publish a catalogue of any school or schools under their care, together with such other information as they may deem for the best interests of said schools.

§ 31. The various school district officers in each of the districts herein embraced shall terminate whenever this act shall take effect; and the when ter board of education shall be chosen and organized and shall enter upon minated. the duties of their office, except as herein otherwise provided. The Trustees trustees and collector in each district shall retain the power now by law vested in such officers, until they, by due diligence, shall have closed such dis- up all the unsettled business of their various districts and discharged trict to re- all the indebtedness thereof, and for such purpose shall, if necessary, powers for call meetings of all the inhabitants of such district, and when voted at purposes. a legally called meeting, shall levy and collect a tax sufficient to liquiConstruc. date such indebtedness. Nothing in this section contained shall be construed to aunul or interfere with the jurisdiction of school district officers over any territory or parts of school districts lying outside the boundaries of said union school district, as defined in the first section of this act.

tain their

certain

tion.

Duty of clerk to

notify offi

election.

Penalty

to serve.

§ 32. It shall be the duty of the clerk of the village, immediately after the election or appointment of any person to any office mentioned cer of his in this act, personally or in writing to notify him of his election or appointment, and any person who, without sufficient cause, shall refuse to serve therein shall forfeit the sum of ten dollars; and every person for refusal so elected or appointed, and not having refused to accept, who shall neglect to discharge the duties of such office, shall forfeit the sum of Prosecu- twenty dollars to said board of education. It shall be the duty of the tion for said board of education, forthwith, to prosecute for all forfeitures and and pen- penalties under this act, when voluntary payment is refused; and when received to apply the same to the purpose of education in said district. All officers mentioned in this act shall be deemed public officers, within in this act the intent and meaning of section thirty-eight of title six of chapter one, part four of the Revised Statutes, and, as such, liable to the penalties therein prescribed, in addition to the penalty in this section before provided.

forfeitures

alties.

Officers

mentioned

deemed

public

officers.

Superintendent

§ 33. The board of education may, when they shall deem it advisable, school of appoint a superintendent of schools for the said union school district, who may, ex officio, be secretary of said board. He shall be under the direction of the board of education, and they shall prescribe his general His duties. duties. In addition to such other duties as may be devolved upon him

by the board, in the visitation and superintendence of the schools, he shall examine the qualifications of teachers, and grant certificates in such manner and form as may be prescribed by the State Superintendent; which shall not be in force longer than a year, and which may at any time be revoked by the board of education. He shall be paid a His salasalary out of the general fund, to be fixed by the board of education, "Y and may be removed from office by the vote of a majority of all the members of said board.

§ 34. All former or existing acts or parts of acts conflicting or incon- Repeal. sistent with the provisions of this act are hereby repealed so far as they affect this act; but nothing in this act shall be so construed to limit, restrain or annul the powers of the Superintendent of Public Instruction. In all matters of dispute, which shall be referred to him by Decision appeal, and which shall arise under and by virtue of this act, or under superinand by virtue of any other act which is now, or shall hereafter be, appli- tendent. cable to the schools, school officers or school property of or in said district, his decisions or orders shall be final and binding. § 35. This act shall take effect immediately.

Chap. 126.

AN ACT to amend an act entitled "An act to authorize the business of banking," passed April eighteenth, eighteen hundred and thirty-eight.

Passed April 6, 1874.

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

SECTION 1. The fifteenth section of the act entitled "An act to authorize the business of banking," passed April eighteenth, eighteen hundred and thirty-eight, is hereby amended so as to read as follows:

of state

&c., may

lished.

15. Any number of persons may associate to establish offices of offices of discount, deposit and circulation, upon the terms and conditions, and discount, subject to the liabilities prescribed in this act, and the acts amendatory be estabthereof; but the aggregate amount of the capital stock of any such association or bank shall not be less than one hundred thousand dollars; Amonnt provided, however, that banks with a capital of not less than fifty thou- capital. sand dollars may, with the consent and approval of the Superintendent of the Banking Department, be organized in any village or place, the population of which does not exceed six thousand inhabitants. 2. This act shall take effect immediately.

Chap. 127.

AN ACT to amend an act entitled "An act in relation to lands of which parties die seized," passed May twentyfirst, eighteen hundred and seventy-three.

Passed April 6, 1874; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of an act entitled "An act in relation to lands of which parties die seized," passed May twenty-first, eighteen

law to be

gate.

dorsed.

and cer

hundred and seventy-three, is hereby amended so as to read as follows:

Affidavit § 2. Such affidavit, when so made, shall be presented to the surrogate of heirs at of the county in which such real estate is situated, and said surrogate presented may, in his discretion, examine any witness or witnesses, under oath, as to surro to the truth of the matters in such affidavit stated, and, upon being Certificate satisfied of the truth of all such matters, shall indorse upon such affito be in davit his certificate thereof, and thereupon the said affidavit thus Affidavits indorsed, together with the proof so taken, shall be recorded in the county clerk's office of the county or counties where such lands are situated, unless there be a register's office in such county, in which case the same shall be recorded in such register's office in the same book and Evidence. manner as deeds are now recorded; and from the date of such record, said affidavit, record and proof shall be taken and regarded in all courts and legal proceedings in this state, in respect to the succession of such real estate, as presumptive evidence of the facts therein contained, and by this act required to be stated.

tificates,

to be re

corded.

Common conncil author

ized to borrow money.

Park.

§ 2. This act shall take effect immediately.

Chap. 128.

AN ACT to authorize the common council of the city of Binghamton to purchase land for a cemetery and a public park, in or outside of the limits of the city of Binghamton, and to lay out the same.

Passed April 6, 1874; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The common council of the city of Binghamton shall have power, and they are hereby authorized to borrow such sum of money as they may deem necessary, not exceeding seventeen thousand dollars, upon the corporation bonds of said city, at a rate of interest not exceeding seven per cent. per annum, and upon a term of credit not Cemetery, exceeding six years. An amount, not exceeding nine thousand dollars of the amount to be raised, is to be used for the purpose of purchasing land for cemetery purposes. An amount, not exceeding eight thousand dollars of the amount to be raised, is to be used for the purpose of purchasing land for a public park; the title to the land purchased shall be vested in the city of Binghamton. Said bonds shall be issued for how exc the respective amounts and purposes, and shall be signed by the mayor attested. of said city, and attested by the city clerk, under the official seal of said When and city; said bonds shall bear such date, and be payable in such amounts, as the common council may determine, but not exceeding three thoupayable. sand dollars of the principal sum thereof shall become due in any one year, and no bonds issued in pursuance of this act shall be sold at less than their par value.

Bonds,

cuted and

in what

amounts

Lien.

§ 2. Said bonds, principal and interest, shall be a lien upon all of the taxable property of said city, real and personal, and such property is i hereby pledged for their payment; and the amount required to meet the annual interest and the installment of principal, as they shall become due, shall be levied and collected from the taxable property of said city, as other city taxes are levied and collected.

of the

as to cem

park.

streets.

§3. The common council shall have power to govern and manage Powers such cemetery and park; to lay out and regulate the same; to pass common ordinances for such government and regulation; to employ a superin- council tendent, civil engineer, or landscape gardener or keeper, and such other etery and person or persons as may be necessary for the proper laying out and public management of the cemetery and park; and they may direct the super- Superin intendent of streets and city property to manage and supervise such tendent of cemetery and park, and define their respective duties, and have authority to fix the amount of their compensation, and generally, in regard to Compen said cemetery and park, they shall possess all the power and authority sation. now conferred upon the common council in respect to city property, and all persons offending against the ordinances that may be passed for Misdethe regulation and management of the cemetery and park shall be meanors. deemed guilty of misdemeanor, and be liable to be punished, on conviction before the recorder or any magistrate of said city having jurisdiction, by a fine not exceeding fifty dollars or by imprisonment not exceeding thirty days, or both.

§4. The common council shall have the power and authority to dis- Cemetery pose of cemetery lots, at such price and on such terms as they may lot lots, sale determine, and the moneys received for the sale of lots shall be paid to

used.

the city treasurer, and a separate account kept by him. The mayor Conveyand clerk of said city shall execute all conveyances authorized under this ances. act and by the said council. The moneys received by the city for the Proceeds, sale of lots, and paid to the treasurer, may be used in ornamenting said how to be cemetery and in laying out avenues therein, and in constructing approaches, and such other expenditure as may be necessary for the care and protection of the grounds, and for the erection of a lodge, or a keeper's house, gates, tool-house and vault, for the temporary reception of the dead. And in case the funds arising from the sale of lots exceed surplus the legitimate necessary expenditures connected therewith, the common how ap council may, at any time, apply any and all surplus of money arising plied." from the sale of cemetery lots in paying off any of the bonded indebtedness of said city, as the debts become due, as they may determine.

moneys,

ment.

§ 5. The police department of the city of Binghamton shall be held Police to extend over the entire area of the cemetery and park herein provided depart for, and one or more policemen may be detailed to aid in preserving order and restraining offenders, as the common council may determine or direct, the chief of police to assign to that duty.

money,

thorized.

question mitted.

§6. No expenditure of money, in or about the cemetery or park, shall Expendi be made, unless authorized by the common council at a meeting of the thro board. And all persons employed by the common council, except the how auofficers regularly appointed under the charter of said city, shall hold their places of office or duty at the discretion of the common council. §7. As soon after the passage of this act as two-thirds of the mem- Special bers of the common council of said city shall so determine by resolution, election, the said common council shall order a special election, at which the to be subquestion shall be submitted, whether the tax authorized for the purpose aforesaid shall be levied and collected from the city, as in this act provided; and the said common council shall not proceed to make the purchase of land and to carry out the provisions of this act, except to obtain the terms upon which land can be purchased for the purposes herein designed, nor shall said mayor or clerk sign said bonds unless Condition the majority of the voters voting at such special election shall vote in of issning favor of said tax. Notice of such special election shall be given, and the Notice of same shall be held and conducted, and the votes given thereat canvassed, special and a certificate made and filed, according to the provisions of title

bonds.

election.