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Chap. 819.

AN ACT to amend chapter eight hundred of the Session Laws of eighteen hundred and sixtysix, relative to the taking of lands for erection of school-houses.

Passed May 9, 1867; three-fifths being present.

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

SECTION 1. Section one of chapter eight hundred of the laws of eighteen hundred and sixty-six, is hereby amended by striking out the words, "at the time of presenting said petition," and all that follows down to the words, "a copy of said petition with a notice thereto annexed," and inserting in place thereof the following:

"Said petition shall be filed in the office of the county clerk of the county in which the land is situated, and at the time of filing thereof, or at any time afterwards, the petitioners may cause a notice of the pendency of the proceeding to be filed in said office, which notice the county clerk shall file and record in the same manner that similar notices in actions in the supreme court are required to be filed and recorded; which notice shall state the object of the proceeding, and contain a description of the land and the names of the parties affected thereby. And all persons who shall acquire in whatsoever way, any title to, interest in, lien or incumbrance upon said land, after the filing of the notice of the pendency of the proceedings as aforesaid, shall be bound and affected by said proceedings in the same manner and to the same extent as if they had been named in the petition as parties thereto; and said persons shall also be bound in the same manner and to the same extent, by notice of the existence of said proceeding, whether notice of the pendency thereof has been filed or not. The petitioners may appear and prosecute such proceedings by an attorney." And said section is further

amended by striking out the words "the county judge holding," where the same occur in said section.

$ 2. The act hereby amended shall apply to union free school-districts and to districts organized under special laws; and the trustees of such districts, or the boards of education organized under special laws, shall be and are hereby clothed with all the powers vested in trustees under said act,

S3. Nothing in this act contained shall prejudice or impair any right acquired or proceeding had or instituted, under or by virtue of the act hereby amended.

S4. This act shall take effect immediately.

Chap. 820.

AN ACT in relation to the Morrisville Union

School.

Passed May 9, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The trustees of school-district number eight, of the town of Eaton, in the county of Madison, known as the Morrisville union school, are hereby authorized to divide said school into two or more departments, and to establish therein an academical department whenever in their judgment, the same is warranted by the demand for such instruction. Said trustees are also authorized to receive into said school any pupils residing out of said district, and to establish and regulate the tuition fees of said non-resident pupils in the several departments of said school. Said trustees are also authorized to regulate the transfer of scholars from the primary to the academical department in said school, and from class to class, as their degree of scholarship may warrant; and to direct what text-books shall be used in the different departments of said school. Said trustees are also authorized to establish such rules and regulations concerning the order and discipline of the school in the several departments

thereof, as they may deem necessary and proper to secure the best educational results.

$ 2. This act shall take effect immediately.

Chap. 821.

AN ACT to amend an act entitled "An act to continue the incorporation of the Brooklyn institute, to amend the charter thereof and to consolidate the acts relating thereto," passed April twenty-second, eighteen hundred and sixty-two. Passed May 9, 1867.

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

SECTION 1. Section seven of the act entitled "An act to continue the incorporation of the Brooklyn institute, to amend the charter thereof, and to consolidate the acts relating thereto," passed April twenty-second, eighteen hundred and sixty-two, is hereby amended so as to read as follows:

7. There shall be a joint meeting of the board of directors and trustees on the first Monday of February in each year, at the directors' room in the institute, or such other place as may be agreed upon, at which time the trustees shall report to the board of directors the state of the funds intrusted to them, and the accounts relative thereto during the year next previous, and the treasurer of the said institute shall at the same time report to the said trustees the total amount of income of the institute, from what sources received, and for what purpose expended, and between the first day of February and the first day of March of each year the said directors shall make a report to the legislature of the state of the funds intrusted to the trustees as reported by them to the said joint meeting, and also the total amount of income of the institute and the uses to which they have been applied during the year next previous.

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Chap. 822.

AN ACT in relation to the common schools in the city of Lockport.

Passed May 9, 1867; 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 school report now required to be made by the board of education, for the city of Lockport, shall hereafter be made to the State Superintendent of Public Instruction, instead of the school commissioner of the first assembly district of Niagara county, as the same has heretofore been made.

$2. The public money apportioned to the union school-district of the city of Lockport, shall hereafter be paid to the treasurer of the board of education for the city of Lockport, instead of the supervisor of the town of Lockport, as the same has heretofore been paid.

$ 3. This act shall take effect immediately.

Chap. 823.

AN ACT to amend the charter of the village of Oswego Falls.

Passed May 9, 1867; three-fifths being present. T'he People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three of the act to incorporate the village of Oswego Falls, passed March twentysecond, eighteen hundred and sixty-six, is hereby amended so as to read as follows:

§ 3. The territory described as follows shall con stitute the territory of the village of Oswego Falls, to wit: So much of lots number seventy-four and seventy-five of the original military township of Hannibal, as have been heretofore included in the village of Oswego Falls, and lot number four and north half of lot number three of the original mili

tary township of Lysander, together with the Oswego
river abreast of said lots number seventy-four, sev-
enty-five and four, from its west margin eastward to
the east boundary of said town of Granby.
§ 2. This act shall take effect immediately.

Chap. 824.

AN ACT to amend an act entitled "An act to incorporate the city of Lockport," passed April eleventh, eighteen hundred and sixty-five, relative to the opening of streets and the arrest of vagrants.

Passed May 9, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Title five of the act entitled "An act to incorporate the city of Lockport," passed April eleventh, eighteen hundred and sixty-five, is hereby amended so as to read as follows:

§ 1. The common council shall be commissioners of highways for said city. They may regulate, repair, amend, alter and clean the streets, alleys, highways, bridges, side and crosswalks, drains, sewers, wharves, piers, docks, canals and slips in said city, and prevent the incumbering of the same in any manner, and protect the same from encroachments and injury. They may direct and regulate the planting, rearing and preserving of ornamental trees in the streets and parks of said city. But nothing herein contained shall prevent the improving of highways by local

assessment.

$2. The common council shall cause such of the streets, lanes, alleys, highways, public squares, canals, slips, wharves or docks in said city, or any part or parts thereof, as have been laid out, but not recorded or sufficiently described, and such as have been used for twenty years, but not recorded to be ascertained, described and entered of record in a book to be kept by the clerk of the city!

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