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What bal

lots not to

the office of school commissioner at the first election under this act, nor the name of more than one person, for such school commissioner at a subsequent election, and the six persons voted for at the first election and eligible to the office who shall receive the highest number of votes shall be commissioners of common schools in said city as herein before provided. And at each subsequent election the two persons receiving the highest number of votes shall be commissioners of common schools in said city, to hold office for three years. And no ballot for commissioners shall be counted upon which more than three names at the first election and more than one name at any subsequent election shall be contained. The term of office of the present school commissioners of this city shall expire on the second Tuesday of March, eighteen hundred and seventy-nine, and thereafter the board of education shall be composed of the six commissioners elected as herein provided. The persons so chosen shall be officers of the city at large, and not of any at large. particular district or section of said city. The said commissioners shall be voted for upon a separate ballot to be indorsed "school," which ballots shall be deposited in separate boxes to be provided in each ward, and to be marked "school."

be count

ed.

Term of

present

commis

sioners.

Officers

of city

Ballots.

Vacan

filled.

§ 2. In case of a vacancy happening in the office of school commiscies, how sioner in said city, by the resignation, death, removal from the city, failure to elect or qualify, or for any other reason, such vacancy shall be filled for the remainder of the term by the common council, who, upon the nomination of the mayor, shall appoint a suitable person or persons to fill said vacancy.

Annual meeting

of board of educa

tion.

§ 3. The annual meeting of the board of education of said city shall be held on the Wednesday following the second Thursday of March in each year, at which time they shall elect one of their members as president of the board.

§ 4. All acts and parts of acts inconsistent herewith are hereby reRepeal. pealed.

§ 5. This act shall take effect immediately.

Chap. 47.

AN ACT authorizing the reduction of pay of certain town officers in the county of Sullivan.

PASSED February 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 pay of town officers to be elected on and after the fourth day of March next in the county of Sullivan shall be at the rate of one dollar and fifty cents per day, in place of two dollars per day as the statute now provides.

§ 2. This act shall take effect on the fourth day of March, eighteen hundred and seventy-nine.

Chap. 48.

AN ACT to exempt the county of Monroe from the provisions and operations of chapter two hundred and fifty-three of the laws of eighteen hundred and seventy-eight, entitled "An act relating to the term of office of the supervisors of the counties of Albany, Livingston, Rensselaer and Monroe."

PASSED February 26, 1879.

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

act.

SECTION 1. The county of Monroe is hereby exempted from the pro- Exemp visions and operations of chapter two hundred and fifty-three of the tion from laws of eighteen hundred and seventy-eight, entitled "An act relating to the term of office of the supervisors of the counties of Albany, Livingston, Rensselaer and Monroe."

§ 2. This act shall take effect immediately.

Chap. 49.

AN ACT to release the interest of the State in certain lands, of which Fredolin Rusch died seized to Frederick Schlegel and Jacob Margrander in trust for the benefit of the estate of Louisa Rusch.

PASSED February 26, 1879; by a two-third vote.

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

to lands

ed.

SECTION 1. All the right, title, interest and estate of the people of State title the State of New York, of, in and to all that tract or parcel of land, in Rochessituate in the city of Rochester, county of Monroe, and State of New ter releasYork, bounded and described as follows, namely: Beginning on the west line of Mount Hope avenue fifty feet north of the southeast corner of the land formerly conveyed by Aaron Buell to Isaac Phillips, and running west to the Erie canal feeder, and north forty-four feet and nine inches front and rear, being the same premises conveyed by Nehemiah W. Benedict and L. Angeline, his wife, to Fredolin Rusch, by deed dated the twenty-second day of October, in the year of our Lord one thousand eight hundred and fifty-seven; which said deed is recorded in Monroe county clerk's office, in liber one hundred and forty of deeds, at page four hundred and sixty-seven, of which said lands and premises Fredolin Rusch died seized, and acquired by the people of this State by the escheat of the same to them, on the death of Fredolin Rusch, is hereby released to Frederick Schlegel and Jacob Margrander as executors of the last will and testament of Louisa Rusch, in trust for the benefit of the estate of said Louisa Rusch, to be disposed of according to the provisions of said last will and testament of said Louisa Rusch, for the benefit of the legatees therein named.

Proviso.

Payment of taxes and water

levied pri

§ 2. Nothing herein contained shall be construed to impair, release or discharge any right, claim or interest of any creditor by mortgage, judgment, or otherwise, or of any heir or heirs at law, now capable of taking the same by descent, or of any person lawfully claiming title under or through the said Fredolin Rusch.

§ 3. This act shall take effect immediately.

Chap. 50.

AN ACT in relation to unpaid taxes in Long Island City.
PASSED February 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. All State, county, city and ward taxes and all water rates levied in Long Island City prior to the year eighteen hundred and rates seventy-eight and still unpaid, may be paid and discharged within or to 1878. three months after the passage of this act, with the addition of simple interest thereon at the rate of seven per cent per annum, from the time the notices prescribed by section* sixteen and seventeen of title six of chapter four hundred and sixty-one of the laws of the State of New York, passed April thirteenth, eighteen hundred and seventy-one, entitled "An act to revise the charter of Long Island City," were first published respectively.

Redemption of

§ 2. Any lot, piece or parcel of land, heretofore sold for non-payment lands sold of any tax in Long Island City, may be redeemed from such sale at payment any time before the time for the redemption thereof shall have expired of taxes. by law, by paying the tax for which such sale was made, together

for non

Mayor may draw

warrant

in favor

with interest thereon at the rate and for the time prescribed in the first section of this act, together with the further sum of one dollar and fifty cents for the expenses of the sale thereof; provided, however, that the sum so to be paid for expenses, shall in no case exceed the amount of such tax and interest.

§ 3. The mayor of said city is hereby authorized to draw his warrant on the city treasury, payable out of any money which shall be of holder paid into the city treasury under the provisions of this act, in favor of the holder of any certificate of sale, issued by authority of said city, for such amount as shall be due him on such redemption, over and above the amount received by him under the provisions of this act.

of certi

ficate of sale.

Repeal.

§ 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed, in so far as they relate to Long Island City, and such repeal may be necessary to secure the objects of this act. § 5. This act shall take effect immediately.

*So in the original.

Chap. 51.

AN ACT making appropriations for the payment of the principal and interest of the canal debt for the fiscal year commencing on the first day of October, one thousand eight hundred and seventy-nine.

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

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

ation for

SECTION 1. The sum of five hundred and forty thousand eight hun- Appropri dred and twenty-two dollars is hereby appropriated out of the sinking interest. fund under section three of article seven of the constitution, to pay the interest on the debt contracted under said section as the same shall become due during the fiscal year commencing October first, 1879.

canal rev

§ 2. If after paying the expenses of collection, superintendence and Surplus of ordinary repairs of the canals for the fiscal year commencing on the enues for first day of October, 1879, there shall be any surplus of the revenues principal of the canals, such surplus is hereby appropriated to the sinking fund est. for the extinguishment of the principal and interest of the loans made under section three of article seven of the constitution.

and inter

Chap. 52.

AN ACT to amend, consolidate and revise the several acts relative to the incorporation of the village of West Troy, namely: chapter two hundred and thirty-three of the laws of eighteen hundred and thirty-six, chapter two hundred and thirty of the laws of eighteen hundred and fifty, chapter one hundred and thirty-three of the laws of eighteen hundred and fifty-eight, chapter fourteen of the laws of eighteen hundred and sixty-four, and chapter four hundred and five of the laws of eighteen hundred and sixty-seven. PASSED February 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 first and second sections of chapter two hundred and thirty-three of the laws of eighteen hundred and thirty-six, entitled "An act to incorporate the village of West Troy, and for other purposes," are hereby made a part of this act, and shall read as follows:

ries.

§ 1. All that part of the town of Watervliet, in the county of Albany, Village which is contained in the following boundaries, namely: Beginning at bounda a stake on the west shore of the Hudson river, which is distant five chains and four links on a course south forty-seven degrees forty-five minutes east from the southeast corner of the meeting house, in the

village of Gibbonsville, and runs from the said stake north sixty-five degrees, west six chains three links to the northwest corner of lot number seventy-nine; then north twenty-five degrees, east seventy links to a stake; then north seventy-nine degrees fifteen minutes, west fifteen chains twenty-three links to a stake and stones; then south twenty-five degrees forty-five minutes, west forty-one chains eightythree links to a stake and stones; then south twenty-six degrees, east eight chains sixty-eight links to a stake and stones; then south thirtyseven degrees thirty minutes, west thirteen chains fifty-three links to a stake; then south sixty-four degrees, east fourteen chains eighty-two links to the before-mentioned west shore of the Hudson river, and then up and along the shore as it winds and turns to the place of beginning; and also all that part of said town contained in the following boundaries, namely: Beginning at a stone in the ground on the west bank of the Hudson river, and which is the southeast corner of the farm formerly owned by John Bleecker, of the city of Albany, and now called West Troy, and runs from the said stone along the south bounds thereof north sixty-five degrees thirty minutes, west two chains seventy-five links to a stone in Thomas Shrimpton's fence; then north seventy-seven degrees forty-five minutes, west twelve chains eighty links to a stake forty feet distant from the east side of Steinhook creek; then north seventy-three degrees twenty minutes, west twenty-three chains fifty-five links to a stake in the corner of a fence on the east side of the Fly; then south thirty degrees thirty minutes, west one chain fifty-two links to a post in the fence; then south thirty-seven degrees, west six chains to a post in the fence; then south twenty-six degrees, west eight chains to a post in the fence; then south twenty-nine degrees, west three chains to a stake; then south twenty-seven degrees, west three chains eighteen links to a stake in the fence; then south thirty-six degrees, west nine chains to a stake; then south thirty-seven degrees thirty minutes, west eleven chains sixty-three links to a post in a corner of a fence on the north side of the road; then south thirty-nine degrees thirty minutes east, six chains to a stake at the north side of a road; then south fifty-three degrees east, five chains seventy links to a stake at the north side of the road; then south thirty-eight degrees east, five chains fifty-eight links to a stake at the north side of the road; then south fifty-six degrees fifteen minutes east, three chains thirty-five links to a stake at the north side of the road; then south thirty-seven degrees east, two chains twenty-eight links to the corner of the burial ground fence; then north fifty-seven degrees forty-five minutes east, three chains twenty-nine links to the corner of the said fence; then south thirty two degrees fifteen minutes east, three chains twentynine links to another corner in said fence; then south sixty-nine degrees east, two chains eighty links to the northeast corner of Port Schuyler; then along the north bounds thereof south seventy-nine degrees fifteen minutes east, fifteen chains twenty-three links to a stake; then south twenty-five degrees west, seventy links to a post in the corner of the fence; then south sixty-five degrees east, six chains three links to the west shore of the Hudson river, and then along the same northward as it winds and turns to the place of beginning, and also all that part of said town contained in the following boundaries, namely: Beginning at an elm tree on the west bank of the lower sprout of the Mohawk river, being the southeast corner of the farm of Volkert Oathout, and running thence north eighty degrees west, six chains ten links to the fence; then north sixty-one degrees

;

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