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Duty of Sec

retary of State.

Expenses how to be

paid.

the town clerk, specifying that the original was destroyed by fire, and the time when the same was filed or entered of record, which shall be presumptive evidence of the said paper having been so filed originally, or of such entry having been made as stated in such affidavits, and the same shall be as valid and effectual as the original papers or record so destroyed.

§ 5. The secretary of state shall procure and furnish to the said town one set of the second edition of the Revised Statutes, and the laws of this state from 1830 to 1842 inclusive.

§ 6. The necessary expenses incurred by the commissioners of highways, and by the commissioners of common schools of the said town, in the execution of this act, shall be town charges, and shall be audited, levied and paid as other town charges.

§ 7. This act shall take effect immediately.

СНАР. 57.

AN ACT to prohibit members of common councils of cities, trustees of villages, and supervisors of towns, to be interested in certain contracts.

Passed March 20, 1843.

Prohibition

as to com

men, &c.

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

§ 1. It shall not be lawful for a member of the common mon council Council of any city in this state, or of a trustee of any village, or the supervisor of any town, to become a contractor under any contract authorized by the common council, board of trustees, or board of supervisors of which he is a member, or to be in any manner interested directly or indirectly, either as principal or surety, in such contract.

As to town, county, city and state officers.

Certain

contracts

§2. No town, county, city or state officer shall be interested in any contract made by such officer, or be a purchaser or interested in any purchase at any sale made by such officer, or a seller at any purchase made by such officer in the discharge of his official duty.

§3. Contracts in violation of the provisions of the 1st and may be de- 2nd sections of this act, may be declared void at the instance clared void. of the city, county, village or town interested, or of any

other party interested in such contract except the officers mentioned and prohibited in said sections from making or being interested in such contracts.

tion how to

ed.

§ 4. The chairman of committees of common councils and Investigaof other public municipal bodies, charged with any investi- be conductgation or inquiry requiring the taking of testimony, are authorized to administer oaths to such witnesses as may be brought before such committee, and any false swearing in testimony so taken shall be deemed perjury, and subjected to the pains and penalties of perjury.

§ 5. This act shall take effect immediately.

CHAP. 58.

AN ACT to apply a portion of the tolls collected in the
Military road leading from Plattsburgh to Chateaugay
Four Corners, to the construction of a bridge over Chateau-
gay river.

Passed March 20, 1843.

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

§ 1. Five hundred dollars per annum for the term of three Money to be years, commencing on the first day of January, in the year applied for one thousand eight hundred and forty-three, shall be applied bridge. towards the construction of a bridge over Chateaugay river, at the point where a road has recently been laid out, south of and near to Douglass' Mills, in the town of Chateaugay, in the county of Franklin, out of the tolls collected and to be collected on the great Military road, from Plattsburgh to said county of Franklin.

in the con

§2. The commissioners having charge of said Military By whom to road and of the tolls collected thereon, shall from time to be expended time cause the moneys mentioned in the first section of this struction of bridge. act to be expended in the construction of said bridge, under the joint direction of the Military road commissioners, residing in the county of Franklin, and the commissioners of highways for the said town of Chateaugay, in such a manner as will best secure the speedy completion thereof; and the said Military road commissioner may, at his option, borrow a sum, not exceeding two-thirds of the amount in this act authorized to be applied to the construction of said bridge, and pledge the portion of said tolls applicable thereto for the payment of such loan, and the interest to accrue thereon. §3. The said Military road shall be deemed as extending to Thorn's tavern, in the town of Plattsburgh, and the re- military pairs by said Military road commissioners, so far as may necessary, be made on said road from the north line of Beekmantown to Thorn's aforesaid, as upon the other parts thereof.

Extent of

road.

Meetings to be at Goshen.

Commis

sioner to be

CHAP. 59.

AN ACT designating the place for the annual meetings of the board of supervisors of the county of Orange.

Passed March 20, 1843.

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

§ 1. The annual meetings of the board of supervisors of the county of Orange, shall be held at the court house, in Goshen.

CHAP. 60.

AN ACT authorizing the appointment of a supreme court commissioner for the county of Dutchess, to reside in the town of Pine Plains.

Passed March 23, 1843.

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

§ 1. There shall be appointed in the manner now prescriappointed. bed by law, a supreme court commissioner in addition to the one now authorized, who shall reside in the town of Pine Plains, county of Dutchess, who shall possess the powers of a supreme court commissioner, as defined in the second article of the second title of the third chapter of the third part of the Revised Statutes, and shall also be authorized and empowered to perform all such duties as any judge of the court of common pleas of the county of Dutchess could do and perform out of court, with the like compensation for such services, as any such judge of the said court of common pleas is by law allowed.

Names

changed to Howard.

§2. This act shall take effect immediately.

CHAP. 61.

AN ACT to change the name of Andrew J. Hoar, and

others.

Passed March 23, 1843.

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

§ 1. Andrew J. Hoar, James E. Hoar, Abraham Hoar and Sarah Hoar, of the village of Newburgh, Orange county,

may respectively assume the name of Andrew J. Howard, James E. Howard, Abraham Howard and Sarah Howard, by which names they shall hereafter be severally known and distinguished.

§ 2. This act shall take effect immediately.

CHAP. 62.

AN ACT authorizing the Surrogate of the county of Putnam to pay certain moneys to the next of kin of Robert Williams deceased.

Passed March 23, 1843.

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

§ 1. The surrogate of the county of Putnam is hereby Duty of Surauthorized to pay over to the next of kin of Robert Wil- rogate. liams deceased, all moneys arising from the sale of any lands in said county of which said Robert died seized, after paying all legal claims thereon, in the same manner as if said next of kin were citizens of the United States.

CHAP. 63.

AN ACT relative to Common Schools for the city of

Brooklyn.

Passed March 23, 1843, by a two-third vote.

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

common

§ 1. The members of the common council of the city of CommisBrooklyn, shall, by virtue of their office, be commissioners of sioners of common schools in and for said city, and in common coun- schools. cil convened, shall perform all the duties of such commissioners, and shall possess all the rights, powers and authority, and shall be subject to all the duties and obligations of commissioners of common schools in the several towns of the state, except as hereinafter provided.

ucation

§2. The common council on the first Monday of April, Board of edin the year one thousand eight hundred and forty-three, shall how formed appoint two or more discreet and suitable persons to represent each of the school districts in said city, to constitute and be denominated "The Board of Education of the city of Brooklyn," and immediately thereafter shall divide the said

Divided into board into three classes: the first class to go out of office, classes. and their successors in like manner to be appointed, on the

first Monday of February, one thousand eight hundred and forty-four: the second class in like manner on the first Monday of February, one thousand eight hundred and forty-five; and the third class in like manner on the first Monday of February, one thousand eight hundred and forty-six; and thenceforward annually, one class in order shall go out of office and their successors be appointed. In all cases, the persons so appointed shall be residents of the districts they respectively represent. The members of the several classes shall be re-eligible and retain their stations until their successors are appointed: should such appointments not be made at the times herein above designated for that purpose, the same may be made at any time thereafter to be fixed by the comVacancies. mon council. All vacancies occurring in the said board, shall be filled by the common council: whenever, and as often as any new district shall be formed, the common council shall have like power to appoint two or more persons to represent the same, as herein above given in respects to the districts now existing, and to assign such person to such of the said classes as they may deem proper, having regard to preserve the said classes equal in number as nearly as may be. § 3. The board of education shall have the entire maneducation. agement, control and direction of all the district schools in said city, and possess the same general powers, and be subject to the same regulations and restrictions, as are now prescribed to the trustees of district schools, except as hereinafter provided by the fifth section of this act.

Powers of

the board of

Ex officio members.

Regulations

to be made

§ 4. The mayor of the said city, and the deputy superintendent of common schools for the county of Kings, shall be ex officio members of the board of education.

§ 5. The common council of said city shall, by ordinance, for board. make such provisions for the regulation of the said board of education and the members thereof, (not inconsistent with the school laws of the state,) as shall seem to them necessary to effect a complete and efficient organization for common school education.

Amount to be raised by tax, how specified.

§ 6. It shall be lawful for the joint board of city supervisors and the common council, at their annual meeting to specify such amount as they shall deem necessary to be levied and collected by tax for common school education, not exceeding one quarter of a mill upon every dollar of the value of the taxable property of the said city, as assessed the year next preceding that when such levy may be made, which amount shall be in lieu of all other taxes for those purposes now authorized by any special act, (except the act entitled "An act relative to the common schools of the

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