School Fund, arising from the income of the moneys deposited by the United States.

§ 48. In case of the death or resignation of any member of the Board of Education, or of any Inspector or Trustee, or of a neglect or refusal to qualify or give the prescribed security on the part of any Commissioner, Inspector, or Trustee, the vacancy so occasioned shall be filled by the Common Council until the next annual election.

49. The Supervisors of the city and county of New York are hereby authorised and directed, notwithstanding the passage of this Act, to audit and allow accounts which may be presented to them for the completion of contracts that may have been already made under the provisions of the Acts hereby amended, and to raise and collect according to law, the sum necessary for that purpose.

§ 50. The Act of April 11, 1842, and the amended Act of April 18, 1843, in relation to Common Schools in the city aud county of New York, and all other Acts specially applicable to

Public or Common Schools in the city and county of New York, as far as the same are inconsistent with the provisions of this Act, are hereby repealed.

§ 51. This Act shall take effect immediately.

*g

AN ACT

Authorising the Board of Education of the City and County of New York, to establish a Free Academy in said city.

Passed May 7, 1847, "three-fifths being present.

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

§ 1. The Board of Education of the city and county of New York shall have power to establish a Free Academy in the city of New York, whenever the said Board of Education at any regular meeting thereof, by a majority of all the members thereof, shall, by resolution, declare it expedient to do so, for the purpose of extending the benefits of education gratuitously, to persons who have been pupils in the Common Schools of the said city and county of New York.

§ 2. Upon a decision being made by the said Board of Education as provided in the first section of this Act, determining it expedient to establish in the city of New York such Free Academy, it shall be lawful for the said Board of Education, at any regular meeting thereof, to proceed in such manner as said Board of Education shall by resolution prescribe, to establish such Free Academy; and unless a place deemed by said Board to be a suitable.site therefor, be appropriated by the Common Council of the said city and county to that purpose, to purchase a site therefor, and erect, finish, and fit up a suitable building or buildings; the erecting, finishing, fitting up of which said building or buildings shall be done by contract or contracts to be made with the said Board of Education. The said Board of Education shall give at least twenty days' notice in three public newspapers published in the said city, that the said Board will, on or before a day to be specified in said notice, receive sealed proposals for erecting, finishing, and fitting up the building or buildings provided for in this section, in conformity with plans and specifications to be prepared by the said Board prior to publishing the

said notice; at the expiration of which time the said Board shall open said proposals, and enter into a contract or contracts with such person or persons as shall offer or bid to erect, finish and fit up said building or buildings at the least sum or sums; and shall give security in a bond to the said Board to the satisfaction of the said Board, for the faithful performance of his or their contract or contracts; but nothing herein contained shall be construed to preclude the said Board of Education from making such contract or contracts, with any other person or persons than such lowest bidder or bidders, who will contract to erect, finish and fit up said building or buildings, at a less price than such lowest bid or bids, and give security as aforesaid for the faithful performance of such contract or contracts. The Board of Supervisors of the said city and county of New York, on the requisition of the said Board of Education, shall raise and collect by tax upon the inhabitants of said city and county, such sum or sums as shall be necessary to establish such Free Academy, purchase a site therefor, and defray the expense of erecting, finishing and fitting up a suitable building or buildings as above mentioned, and