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When distriot attorney

inoneys paid over to him. And said clerk and deputy shall keep a cash-book in which shall be entered in detail, with dates, all moneys received and paid out, which books during seasonable business hours

shall be open to public inspection. Copies of 32. It shall be the duty of said clerk and deputy to affix the seal docket, of said court to all proper documents, to file ali papers delivered to

him for that purpose, and to make and certify for any person prepay. ing the fees therefor, at the same rate allowed to county clerks, copies of any portion of the docket of said court, or of any of the records or proceedings thereof, or any documents on file therein, and any such copies, certified by said clerk or deputy under the seal of said court, shall be admitted as evidence in all courts of this state with the same force and effect as copies of the records and proceedings in any court of record, when properly certified by the clerk thereof.

8 33. It shall be the duty of the corporation counsel of the city of poratiel" te Utica to appear in said court and represent the people in all civil actions represent and proceedings in said court to which the people are a party, and in people.

all criminal actions and proceedings, in which the offense charged is not a felony and was committed within the corporate limits of the city of Utica, and to appear therein and represent the city of Utica, in all actions or proceedings to which the city of Utica is party.

$ 34. It shall be the duty of the distriet attorney and assistant dis

trict attorney of the county of Oneida to appear in said court and to appear represent the people in all actions and proceedings therein, where the

offense charged is a felony or a misdemeanor, not triable in said court.

$ 35. After this act takes effect, justices of the peace, elected or of juris

appointed in and for the city of Utica, shall not have any power or diction. jurisdiction within the city of Utica :

1. To issue any mandate or process of any kind or nature by which any action or proceeding in a justice's court, court of special sessions or city court of Utica may be commenced or furthered.

2. To hear and determine any controversy or matter of difference whatever.

3. To conduct any special proceeding or grant any provisional remedy.

4. To hold any justice's court or court of special sessions in said city.

5. To act as committing magistrates in criminal matters. Office of & 36. The recorders court of Utica is hereby abolished, and all recorder abolished.

matters and proceedings pending therein are hereby removed into and may be continued by said city court, and all processes or mandates in civil and criminal cases outstanding when this act takes effect returnable before said recorder or recorder's court, shall be returned into and acted upon by said city court. No recorder of the city of Utica shall hereafter be elected or appointed.

§ 37. This act shall take effect on the first day of June, eighteen hundred and eighty-two.

Justices deprived

CHAP 104.

AN ACT to incorporate the Trustees of the John F. Slater


Mr. Slater.

PASSED April 28, 1882 ; three-fifths being present. Thereas, Messrs. Rutherford B. Hayes, of Ohio; Morrison R. Waite Preamble. of the District of Columbia ; William E. Dodge, of New York; Phillips Brooks, of Missachusetts ; Daniel C. Gilman, of Maryland, John A. Stewart, of New York ; Alfred 11. Colquitt, of Georgia ; Morris K. Jessup,* of New York; James P. Boyce, of Kentucky, and William A. Slater, of Connecticut, have, by their memorial, represented to the senate and assembly of this stilte that a letter has been received by them from John F. Slater, of Norwich, in the state of Connecticut, of which the following is a copy:

To Messrs. Rutherford B. Hayes, of Ohio; Morrison R. Waite. of Letter of the District of Columbia ; William E. Dodge, of Now York; Phillips Brooks, of Massachusetts ; Daniel C. Gilman, of Maryland, John A. Stewart, of New York; Alfred H. Colquitt, of Georgia ; Morris K. Jessup,* of New York; James P. Boyce, of Kentucky, and William A. Slater, of Connecticut:

GENTLEMEN : It has pleased God to grant me prosperity in my business, and to put it into my power to apply to charitable uses a sum of money so considerable as to require the counsel of wise men for the administration of it.

It is my desire at this time to appropriate to such uses the sum of one million of dollars (81,000,000); and I hereby invite you to procure a charter of incorporation under which a charitable fund may be held exempt from taxation, and under which you shall organize ; and I intend that the corporation, as soon as formed, shall receive this sum in trust to apply the income of it according to the instructions contained in this letter.

The general object which I desire to have exclusively pursued, is the uplifting of the lately emancipated population of the southern states, and their posterity, by conferring on them the blessings of christian education. The disabilities formerly suffered by these people, and their singular patience and fidelity in the great crises of the nation, establish a just claim on the sympathy and good will of humane and patriotic men. I cannot but feel the compassion that is due in view of their prevailing ignorance, which exists by no fault of their own.

But it is not only for their own sake, but also for the safety of our common country, in which they have been invested with equal political rights, that I am desirous to aid in providing them with the means of such education as shall tend to make them good men and good citizens - education in which the instruction of the mind in the common branches of secular learning shall be associated with training in just notions of duty toward God and man, in the light of the holy scriptures.

The means to be used in the prosecution of the general object above described, I leave to the discretion of the corporation; only indicating, as lines of operation adapted to the present condition of things,

* So in original.


the training of teachers from among the people requiring to be taught, if, in the opinion of the corporation, by such limited selection the purposes of the trust can be best accomplished ; and the encouragement of such institutions as are most effectually useful in promoting this training of teachers.

I am well aware that the work herein proposed is nothing new or untried. And it is no small part of my satisfaction in taking this share in it, that I hereby associate myself with some of the noblest enterprises of charity and humanity, and may hope to encourage the prayers and toils of faithful men and women who bave labored and are still laboring in this cause.

I wish the corporation which you are invited to constitute, to consist at no time of more than twelve members, nor of less than nine members for a longer time than may be required for the convenient filling of vacancies, which I desire to be filled by the corporation, and, when found practicable, at its next meeting after the vacancy may

I designate as the first president of the corporation the Honorable Rutherford B. Hayes, of Ohio. I desire that it may have power to provide from the income of the fund, among other things, for espenses incurred by members in the fulfillment of this trust, and for the expenses of such officers and agents as it may appoint, and generally to do all such acts as may be necessary for carrying out the purposes of this trust. I desire, if it may be, that the corporation may have full liberty to invest its funds according to its own best discretion, without reference to, or restriction by any laws or rules, legal or equitable, of any nature, regulating the mode of investment of trust funds; only I wish that neither principal nor income be expended in land or buildings, for any other purpose than that of safe and productive investment for income. And I hereby discharge the corporation, and its individual members, so far as it is in my power so to do, of all responsibility, except for the faithful administration of this trust, according to their own honest understanding and best judgment. In particular, also, I wish to relieve them of any pretended claim on the part of any person, party, sect, institution or locality, to benefactions from this fund, that may be put forward on any ground whatever; I wish every expenditure to be determined solely by the convictions of the corporation itself as to the most useful disposition of its gifts.

I desire the doings of the corporation each year be printed and sent to each of the state libraries in the United States, and to the library of congress.

In case the capital of the fund should become impaired, I desire that a part of the income, not greater than one-half, be invested, from year to year, until the capital be restored to its original amount.

I purposely leave to the corporation the largest liberty of making such changes in the methods of applying the income of the fund as shall seem from time to time best adapted to accomplish the general object herein defined. But being warned by the history of such endowments that they sometimes tend to discourage rather than promote effort and self-reliance on the part of beneficiaries; or to inure to the advancement of learning instead of the dissemination of it; or to be. come a convenience to the rich instead of a help to those who need help; I solemnly charge my trustees to use their best wisdom in preventing any such defeat of the spirit of this trust; so that my gift may continue to future generations to be a blessing to the poor.

If at any time after the lapse of thirty-three ycars from the date of this foundation it shall appear to the judgment of three-fourths of the members of this corporation that, by reason of a change in social conditions, or by reason of adequate and equitable public provision for education, or by any other sufficient reason, there is no further serious need of this fund in the form in which it is at first instituied, I, authorize the corporation to apply the capital of the fund to the estab:. lishment of foundations subsidiary to then already existing institutions of higher education, in such wise as to make the educational advantages of such institutions more freely accessible to poor students of the colored race. It is my wish that this trust be administered in no partisan, sectional, or sectarian spirit, but in the interest of a generous patriotism and an enlightened christian faith; and that the corporation about to be formed may continue to be constituted of men distinguished either by honorable success in business, or by services to literature, education, religion or the state.

I am encouraged to the execution in this charitable foundation of a long cherished purpose, by the eminent wisdom and success that has marked the conduct of the Peabody education fund in a field of operation not remote from that contemplated by this trust. I shall commit it to your hands, deeply conscious how insufficient is our best forecast to provide for the future that is known only to God; but humbly hoping that the administration of it may be so guided by divine wisdom, as to be, in its turn, an encouragement to philanthro pic enterprise on the part of others, and an enduring means of good to our beloved country and to our fellow men. I have the honor to be, gentlemen, your friend and fellow citizen,

Joun F. SLATER. NORWICH, Conn., March 4, 1882.

And whereas, said memorialists have further represented that they are ready to accept said trust and receive and administer said fund, provided a charter of incorporation is granted by this state, as indicated in said letter :

Now, therefore, for the purpose of giving full effect to the charitable intentions declared in said letter:

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

Section 1. Rutherford B. Hayes, Morrison R. Waite, William E. Corpora-
Dodge, Phillips Brooks, Daniel O. Gilman, John A. Stewart, Alfred tors.
H. Colquitt, Morris K. Jessup, * James P. Boyce, and William A. Slater,
are hereby created a body politic and corporate by the name of The Name and
Trustees Of The JOHN F. SLATER FUND, and by that name shall powers.
have perpetual succession ; said original corporators electing their
associates and successors, from time to time, so that the whole number
of corporators may be kept at not less than nine nor more than twelve.
Said corporation may hold and manage, invest and reinvest all prop-
erty which

be given or transferred to it for the charitable purposes indicated in said letter, and shall, in so doing, and in appropriating the income accruing therefrom, conform to and be governed by the directions in said letter contained ; and such property and all investments and reinvestments thereof, excepting real estate, shall, while


*So in original.

First president.

owned by said corporatioji and held for the purposes of said trust, be excmpt from taxation:of any and every nature.

$ 2. Ruthebrord B. Hayes, of Ohio, shall be the first president of the corporatidir, til it may elect such other officers and hold such meetings, whether within or without this state, from time to time, as its by Hans Juay authorize or prescribe.

53.Said corporation shall annually file with the librarian of this sfate a printed report of its doings during the preceding year.

§ 4. This act shall take effect immediately.

Annual report,

CHAP. 105.

Jer to (aitse


lediger arrearage books.

AN ACT to provide for the better keeping of the accounts of

unpaid arrearages of taxes, assessments and water rates in the city of Brooklyn, and to ascertain and fix by compila· tion into distinct ledger accounts, the whole amount of the several sums of such arrearages charged against the separate property upon whiclı such arrearages of taxes, assessments and water rates have been levied.

Passed April 28, 1882 ; three-fifths being present. The People of the State of New York, represented in Senato and

Assembly, ilo enact as follows: Comptrol. SECTION 1. The comptroller of the city of Brooklyn is hereby au

thorized and empowered to cause the unpaid arrearages of taxes, assessurtearages ments and water rates, and sales therefor to the city of Brooklyn, ere, to be entered and charged in the books in the office of the registrar of posted in

arrears of the city of Brooklyn, against any lands within said city, to be examined, posted and compiled into ledger arrearage books, for use in the comptroller's oflice, in which a separate account of the unpaid arrearages oft:uxes, assessments and water rates, and sales therefor to the said city, charged against any particular lot or parcel of land entered in said arrears books, shall be kept in said ledger airearage books under the block and lot number on the assessment map of the ward in which such particnlar lot or parcel of land is situated, and as the same is designated in the books of arrears in use in the office of

said registrar of arrears. All unredeemed sales to others than the city Seened be of Brooklyn shall also be noted in said books by their liber and register

numbers, but the amounts thereof shall not be extended. The regisbooks.

trar of arrears shall cancel and discharge on the records in his office all taxes, assessments and water rates confirmed more than twenty years before the passage of this act, upon lands which have not been sold therefor, and also every sale for taxes, assessments or water rates where the term of rears for which such sale was made has expired, and the same shall not be entered or posted in said ledger arrearage books.

The entries and postings which shall be made from said arrears books og post- into said ledger arrearage books for each and every year shall be exam


noted in

ined and compared by two competent qualified accountants, who shall certify to the accuracy and correctness of such posting and compilation of accounts, and their personal examination and comparison of the amounts posted into the said arrearage ledgers, with the amounts charged in the said arrears books, which certificate shall be subscribed and verified under oath by each of said accountants. The said arrear



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