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§ 2. Any register of deeds who shall sign any records, or cancel or Records, discharge any mortgages, by virtue of the first section of this act, shall signed. sign his proper name as register, adding thereto the date of the passage of this act. And he shall be paid such fees therefor as may be Fees. allowed by the board of supervisors of said county.

§ 3. This act shall take effect immediately.

Chap. 222.

AN ACT to consolidate the several school districts in the town of Grand Island, Erie county, and to provide for the election of a board of education therein.

PASSED April 26, 1879; three-fifths being present.

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

SECTION 1. From and after the second Tuesday in October, eighteen school hundred and seventy-nine, the town of Grand Island, Erie county, district. shall constitute one school district, the present district boundaries and organizations being hereby dissolved, and their management and Board of property shall pass into the hands of a board of education to be con- education. stituted as hereinafter provided. The said board of education shall have, in all respects, the same powers and duties as are now conferred by law on trustees of school districts, together with such additional powers and duties as are conferred by this act.

bers.

§ 2. On the second Tuesday in October, eighteen hundred and Election seventy-nine, at two o'clock P. M., all citizens of Grand Island who are of memlegal voters at school district meetings shall assemble at the town hall in said town, and elect by ballot five persons who shall be legal voters in said school district. The persons so elected shall constitute a board of Term of education for said school district, and their term of office shall be five office. years; and thereafter, at the annual school meeting, as provided by Annual law, they shall elect one member of the board of education to take the election. place of the member whose term expires, and so many other members as may be necessary to fill any vacancy caused by death, removal, resignation or other disability of any member or members of such board.

mined.

tary.

§3. The members of the board of education shall meet at the town Terms, hall on the Saturday next succeeding their election, at ten o'clock A. M., how deterand determine by lot which of their number shall hold their office respectively for the term of one, two, three, four or five years. They President shall then organize by electing one of their number as president and and secreone as secretary, who shall hold their office for one year and until their successors shall have been elected. The board of education shall have power to fill all vacancies made by death, removal, resignation or other cies. disability. The member so appointed to fill such vacancy shall hold office until the next annual meeting and until such vacancy is filled by election.

Vacan

§ 4. The board of education shall hold its first regular meeting in Meetings each year, in the town hall, on the Saturday next succeeding the second of board. Tuesday in October, at two o'clock P. M., and shall also meet at the hour and place above named on the second Saturday of January, April

Annual estimate of expen ses.

levied and

and July of each year, and shall hold such special meetings as may be called by the president.

§ 5. The board of education shall each year, at its first meeting after the annual election, furnish, for the supervisor of the town, an estimate of the amount of money which, in addition to such as is on hand, and that to be received from other sources, as shall be necessary for the payment of teachers' wages and for all other necessary expenses for Sum how the support of the several schools for the ensuing year. The supervisor collected shall report such estimate to the board of supervisors of Erie county at their annual meeting, and the sum so estimated shall be levied on the taxable property of said town, and collected in the same manner in all respects as are other taxes for town purposes. The supervisor whom shall safely keep the money so collected, and shall pay out the same how paid only on the order of the president of the board of education, countersigned by the secretary.

Money, kept and

out.

Inspect

ors of elec

tion.

Ballot

box and ballots.

Record of electors voting, seboard to

keep.

§ 6. The members of the board of education, or such of them as shall be present, shall act as inspectors of election, and immediately after the close of the polls shall proceed to canvass the votes and declare the result. If a majority of the members of the board of education shall not be present at the time for opening the polls, those in attendance may appoint any of the legal voters of the district present to act as inspectors in place of the absent members of the board of education. If none of the members of the board of education shall be present at the time for the opening of the polls, the legal voters may choose three of their number to act as inspectors.

§ 7. The members of the board of education shall, at the expense of the district, provide a suitable box in which the ballots shall be deposited as they are received. Such ballots shall contain the names of the persons voted for, and shall designate the office for which each one is voted. The ballots may be either written or printed, or partly written and partly printed.

§ 8. The secretary of the board of education shall attend the election, and record in a book, to be provided for that purpose, the name cretary or of each elector as he deposits his ballot. When the polls shall have been closed, the inspectors shall first count the ballots, to see if they tally with the number of names recorded by the clerk. If they exceed that number, enough ballots shall be withdrawn to make them correNeglect or spond. Any secretary who shall neglect or refuse to record the name refusal to of a person whose ballot is received by the inspectors shall be liable to a fine of twenty-five dollars, to be sued for by the supervisor of the town. If the secretary of the board of education shall be absent, or shall be unable, or shall refuse to act, the inspectors of election or board of education shall appoint some person to act in his place.

record

names.

Absence

of secretary.

Challenges.

§ 9. If any person offering to vote at any such election shall be challenged as unqualified by any legal voter, the chairman of the inspectors shall require the person so offering the vote to make the following declaration: 'I do declare and affirm that I am an actual resident of this school district, and that I am legally qualified to vote at this election,' and every person making such declaration shall be permitted to vote; but if any person shall refuse to make such declaration, his ballot False dec. shall not be received by the inspectors. Any person who, upon being laration a so challenged, shall willfully make a false declaration of his right to vote at such election, shall be deemed guilty of a misdemeanor, and punished by imprisonment in the county jail for not less than six months nor more than one year. Any person who shall vote at such election, not being duly qualified, shall, though not challenged, forfeit

misde

meanor.

Penalty

for illegal voting.

2

the sum of ten dollars and costs, to be sued for by the supervisor of the
town for the benefit of the school or schools of the district.

§ 10. All disputes concerning the validity of any such election, or of Disputes. any votes cast thereat, or of any of the acts of the inspectors or clerk, shall be referred to the superintendent of public instruction, whose decision in the matter shall be final. Such superintendent may, in his discretion, order a new election in any district.

elected.

§ 11. The persons having the highest number of votes respectively who to be for the several offices shall be declared elected, and the clerk shall declared record the declaration of the inspectors. In case two persons shall have an equal number of votes for the same office, the inspectors of Tie vote. election shall immediately choose one of such persons. If the inspectors cannot agree, the clerk shall decide the matter.

§ 12. This act shall take effect on the second Tuesday of October, eighteen hundred and seventy-nine.

Chap. 223.

AN ACT to extend the time for the collection of taxes in
the county of Richmond.

PASSED April 26, 1879.

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

SECTION 1. The time for the collection of taxes in the county of Rich-
mond is hereby extended to the first day of June, eighteen hundred
and seventy-nine, provided, however, that within ten days after the
passage of this act the collectors of said county shall pay over all
moneys already collected and execute an official bond to the satisfac-
tion of the supervisors of the said county of Richmond; but nothing
herein contained shall be construed as extending the time for the pay-
ment of the State tax or any part thereof by the county treasurer of
said county to the comptroller as is now provided by law.
§ 2. This act shall take effect immediately.

Chap. 224.

AN ACT to extend the time for the collection of taxes in
the town of Cortlandt, in the county of Westchester.

PASSED April 26, 1879; three-fifths being present.

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

SECTION 1. The time for the collection of taxes in the town of Cortlandt, in the county of Westchester, is hereby extended to the first day of June next, provided, however, that within ten days after the passage of this act the receiver of taxes of said town shall pay over all money already collected, and execute a new bond to the satisfaction of

Repeal.

the supervisor of said town of Cortland ;* but nothing herein contained shall be construed as extending the time for the payment of the State tax or any part thereof, by the county treasurer of said county to the comptroller as now provided by law.

§ 2. All warrants issued by said receiver, or hereafter to be issued by him, are hereby continued in force until June first next. § 3. This act shall take effect immediately.

Chap. 225.

AN ACT to repeal chapter one hundred and sixteen of the laws of eighteen hundred and seventy-seven, entitled “An act to amend chapter three hundred and seventy of the laws of eighteen hundred and seventy-three, entitled 'An act to revise and amend an act entitled An act to incorporate the village of Port Jervis,' passed March thirtieth, eighteen hundred and sixty-six, and acts relating thereto."

PASSED April 26, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter one hundred and sixteen of the laws of eighteen hundred and seventy-seven, entitled "An act to amend chapter three hundred and seventy of the laws of eighteen hundred and seventythree, entitled 'An act to revise and amend an act entitled An act to incorporate the village of Port Jervis,' passed March thirtieth, eighteen hundred and sixty-six, and acts relating thereto," is hereby repealed. § 2. This act shall take effect immediately.

Chap. 226.

AN ACT to extend the time for the collection of taxes in the town of Johnstown, in the county of Fulton.

PASSED April 26, 1879; three-fifths being present.

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

SECTION 1. The time for the collection of taxes in the town of Johnstown, in the county of Fulton, is hereby extended to the first day of June, eighteen hundred and seventy-nine, provided, however, that within ten days after the passage of this act the collector of said town shall pay over all moneys already collected, and execute an official bond to the satisfaction of the supervisor of the said town of Johnstown; but nothing herein contained shall be construed as extending the time for the payment of the State tax or any part thereof by the county treasurer of said county to the comptroller as now provided by law.

§ 2. This act shall take effect immediately.

So in the original.

Chap. 227.

AN ACT for the protection of life and limb.

PASSED April 26, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall not be lawful for any lessee or occupant of any place of amusement, or any plat of ground or building, to use or allow the same to be used for the exhibition of skill in throwing a knife or knives, sword or swords, or any sharp instrument, at or towards any human being; nor shall it be lawful for any such lessee or occupant to premit or allow for the same purpose the use of a bow-gun, pistol, or other fire-arm of any description whatever to be discharged or aimed at or towards any human being.

§ 2. A violation of any of the provisions of this act shall be a misdemeanor.

§3. All fines recovered under the provisions of this act shall be paid to the county treasurer of the respective counties where such violation occurs, for the support of the poor in such counties. § 4. This act shall take effect immediately.

Chap. 228.

AN ACT to amend chapter one hundred and eighty-one of the laws of eighteen hundred and seventy-five, entitled "An act to authorize the villages of the State of New York to furnish pure and wholesome water to the inhab itants thereof."

PASSED April 26, 1879; three-fifths being present.

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

SECTION 1. Section five of the "Act to authorize the villages of the State of New York to furnish pure and wholesome water to the inhabitants thereof," is hereby amended so as to read as follows:

oflandsin

tended to

be taken.

$5. Before entering, taking or using any lands for the purpose of Survey' this act, the said water commissioner shall cause a survey and map to and map be made of the lands intended to be taken or entered upon for any of said purposes, by and on which the land of each owner or occupant shall be designated, which map shall be signed by the president of said water commissioners and their secretary, and be filed in the office of the county clerk of the county in which the said lands are situated; and upon such filing said water commissioners, by any of their officers, Entry upagents or servants, may enter upon any lands so designated for the on lands. purpose of prosecuting the construction of their works.

§ 2. This act shall take effect immediately.

So in the original.

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