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provements

ed.

or reserve them to be afterwards again exposed to sale at auction; that the conditions of sale shall be that at least one-eighth part of the purchase money be paid within twenty-four hours after sale, and the remainder in six equal annual instalments, with interest at the rate of six per cent. per annum, to be secured by the bonds of the purchaser, and that letters patent shall not be granted for any lot until the whole of the consideration be paid; that so many of said lots as the said commissioners shall judge proper, shall be sold on the further condition that within three years thereafter there shall be erected on them respectively, buildings to the value of two hundred and fifty dollars, under the penalty of a forfeiture of all right to the lots concerning which there shall be a failure in this condition, and also of the monies paid for the same.

II. And be it further enacted, That the commissioners of the Indian im-land office shall cause appraisements to be made of the value of the to be apprais improvements made and occupied by Indians on the tract on which said village is located, and ascertain the several Indians who are the owners or occupants of such improvements respectively, and thereof make a report to the person administering the government of this state, whose duty it shall be at the time of payment next thereafter of the Indian annuities, to cause payments to be made to the several Indians mentioned in said report, of the sums respectively at which their improvements shall have been appraised as aforesaid, in consideration of their surrendering such improvements to the people of this state.

mer act re

III. And be it further enacted, That the eighteenth section of Part of a for the act, entitled "An act concerning the commissioners of the land office, and the sale of unappropriated lands," shall be construed to apply to all cases arising under the operations of this act.

pealed.

nd

Stockbridge

IV. And be it further enacted, That the person administering Gov. autho- the government of this state shall be, and he is hereby authorised rised to pur to purchase from the Stockbridge and Brothertown Indians in befrom t half of this state, such part of their reservation and lands as they and Brother may be desirous of selling, and that the treasurer be, and he is hereby authorised, on the warrant of the comptroller, to pay to the order of the governor, the sum of two thousand dollars to defray the expences of completing the said purchase.

town Indians

Rate bills

how to made put.

CHAP, CCLII.

An ACT to amend the act, entitled "An act for the better establishment of Common Schools."

Passed April 18, 1815.

I. Be it enacted by the People of the State of New-York, repreand tax lists sented in Senate and Assembly, That in making out the rate bill or tax list mentioned in the eighteenth section of the act hereby amended, it shall be the duty of the trustees of each school district to make out the same in such manner as to raise the tax voted for by their district, with five cents on a dollar of said tax for collector's fees, on all the taxable inhabitants residing in such dis

.

trict at the time of making out such rate bill or tax list aforesaid,
according and in proportion to the valuations of their taxable proper-
ty at the time last aforesaid, within the town in which such district
shall be situated; and the valuations of such property shall be ascer-
tained and taken from the then last assessment roll of the town, so far
as the same can be ascertained and taken therefrom; and none of the
said inhabitants shall be entitled to any reduction in the valuations of
their property contained in the last assessment roll of the town, un-
less they shall give notice of their claim to such reduction to the
trustees aforesaid, before the rate bill or tax list aforesaid shall be made
out by them; and in all cases in which such reduction shall be claimed
by any of the said inhabitants, and notice thereof shall be given as a-
foresaid; and in all cases in which the valuations of the taxable pro- .
perty of any of the said inhabitants at the time last aforesaid can-
not be ascertained and taken from the said last assessment roll of the
town, it shall and may be lawful for the trustees aforesaid to enquire
into and ascertain the same from the best evidence in their power, giv-
ing notice thereof to the person or persons affected thereby; and if
any such person shall, within five days after such notice received,
make and deliver to the trustees aforesaid, an affidavit before any
justice of the peace, that the value of his or her taxable property
does not exceed a certain sum, specifying the same, the sum mentioned
in such affidavit shall be taken and considered by the said trustees as
the true valuation of such property.

afterwards

set off from

trict without

II. And be it further enacted, That if any person has paid, or shall Persons pay. hereafter pay, under a lawful assessment in any school district, a dis- ing money trict tax for building a school-house therein, and such person shall with- detached and in four years previous to the time of paying such tax, have been de- another distached and set off from any other district by the commissioners of com- their consent mon schools, without his or her consent or request, and shall have ac- to be repaid. tually paid in such other district, within the said four years, under a lawful assessment therein, a district tax for building a sheol-house in such other district, and shall, within a reasonable time, make affidavit of such facts before any magistrate, and lay the same before the commissioners of common schools, or any two of them, for the town in which the district from which he or she shall have been detached and set off as aforesaid, and in which he or she shall have paid such district tax as aforesaid, shall be situated; and if such commissioners shall be satisfied that the facts set forth in such affidavit are true, and that the tax, or any part thereof, paid by such person as aforesaid, for building a school-house in the district from which he or she shall have been detached as aforesaid, ought, under all circumstances to be considered by them, to be refunded to such person by such district, it shall and may be lawful for the said commissioners, or any two of them, to direct and require the trustees of such district to refund the same accordingly, within a given time to be fixed by them the said commissioners; and it shall and may be lawful, and shall be the duty of such trustees, when so directed and required by the said commissioners afore said, to raise the sum to be required as aforesaid, together with the next district tax to be raised thereafter by them in their district, and in the same manner as such district tax shall be raised, and to refund the same when so raised, to such person as aforesaid; and if such trus

Town clerk

sioners of

common schools.

tees shall refuse or neglect to raise and refund such sum in the manner aforesaid, and within the time to be directed as aforesaid, it shall and may be lawful for the commissioners aforesaid to retain such sum ont of the monies which shall next thereafter be apportioned by them to such district out of the monies which shall come into their hands for the use of the common schools of their town, and to pay the same such person as aforesaid.

III. And be it further enacted, That the town clerk shall, by vir to be clerk to tue of his office, be the clerk of the commissioners of common schools the commis in each town; and that it shall be his duty, as such clerk, to receive and keep all books, records, writings and papers, belonging to the said commissioners; to prepare, under their direction, all reports, estimates and apportionments to be made by them; to receive all such communications as may be directed to him by the superintendent of common schools, and to dispose of them in the manner directed; to transmit to the clerk of his county all such reports as may be made to him by the commissioners aforesaid, and generally to do and receive all such acts, matters and things as appertain to the office and duty of such clerk; and for all such services he shall be entitled to such compensation, as the board of supervisors of his county, on his accounts thereof to be presented to and audited by them, shall allow; and such compensation shall be considered as part of the town expenses, and shall be paid in the same manner as other town expenses are by law to be paid.

Upon his

moval the re

be delivered

sor.

IV. And be it further enacted, That upon the death, or expiration death or re- of the office of the town clerk, all records, books, writings and papers cords, &c. to belonging to the office of the said town clerk, as clerk of the commis to his succes- sioners of common schools, shall be delivered to the successor in office, in the same manner, and at the same time, as is or shall be provided by law in such cases, for the delivery of the records, books, writings and papers belonging to the office of such town clerk, to such succes sor in office; and for refusal or neglect to deliver such records, books, writings and papers, in manuer aforesaid, the same penalties and forfeitures shall be incurred, to be recovered in the same manuer as is, or shall be provided by law for refusal or neglect to deliver, in such case, the records, books, writings and papers, belonging to the office of

Accounts of

sioners to

be exhibited.

town clerk to such successor in office as aforesaid.

V. And be it further enacted, That the commissioners of common the commis schools in each town shall, after the termination of their respective of fices, exhibit and lay before the board, appointed by law to examine and audit the accounts of the overseers of the poor in each town, and at the next meeting of the said board, after the termination of their respective offices aforesaid, a just and true account of all monies by them respectively received for the use of common schools in their town, and how the same shall have been expended by them; and all such accounts shall be audited by the said board, in the same manner as the accounts of the overseers of the poor are by law to be examin ed and audited by them; and if, on the auditing of such accounts as aforesaid, any balance of the monies received as aforesaid shall be found remaining in the hands of the said commissioners, or any of them, the same shall, immediately thereafter, be paid by the commissioner or commissioners, in whose hands the same shall be found as aforesaid to their successors in office, or some one of them; and if the said

refusal or ne

glect.

balance or any part thereof, shall have been appropriated by the said commissiosers to any particular school district in their town, and shall have remained in their hands for the use of such district, a statement of such appropriation shall be delivered over, together with such balance, to their successors in office, or some or one of them, as aforesaid, and such balance or so much thereof as shall have been appropriated as aforesaid, shall be paid by such successors in office, when received by them, according to such appropriation; and if any of the said commissioners of common schools shall refuse or neglect to exhibit such account as aforesaid, in the manner aforesaid, or shall refuse or neglect to Penalty for pay over to his successor in office as aforesaid, any balance which shall be found to remain in his hands as aforesaid, together with the statement of the appropriation, if any there shall be, of such balance to be made as aforesaid, he shall forfeit and pay the sum of one hundred dollars, to be recovered with costs of suit, in any court having jurisdiction thereof, by action of debt, in the name of the said successors in of fice, or of any one of them, or in the name of any other person, and such sum, when so recovered, shall be paid to and applied by the said successors in office, to the use of the common schools in their town; and it shall and may be lawful for the said successors in office, or any one of them, to sue for, in his or their own name, and to recover against the said commissioner or commissioners, his or their executors, or administrators, in whose hands any such balance shall be found in the manner aforesaid, or shall be legally proved in any other manner, to be, and which shall not have been paid over by him or them to the said successors in office as aforesaid, the amount of such balance, together with interest thereon, from the time the same ought to have been paid as aforesaid, with costs of suit, by action for money had and received to the use of the common schools of their town, in any court having cognizance thereof; and such monies, so to be recovered, shall be applied to the use of such schools in the same manner as if the same had been paid over as aforesaid, without suit.

VI. And be it further enacted, That the trustees of each school district shall, on the expiration of their respective offices, exhibit to their successors in office, if required by them or any of them, a just and true account of all monies received by them respectively, for the use of their district, and in what manner the same shall have been expended by them; and if it shall appear from any such account, that any balance of the monies received as aforesaid, shall remain in the hands of the said trustees, or any of them, at the time such account shall be exhibited as aforesaid, the same shall be paid immediately thereafter, by the trustec or trustees in whose hands the same shall be found as aforesaid to be, to the said successors in office, or some or onc of them; and if any such trustee shall refuse or neglect to exhibit his account as aforesaid, or to pay over as aforesaid any balance which shall be found in his hands as aforesaid, he shall forfeit and pay the sum of twenty-five dollars, to be recovered with costs of suit, in any court having jurisdiction thereof, by action of debt, in the name of the said successors in office, or any one of them, or in the name of any other person; and such sum, when so recovered, shall be paid to and applied by the said successors in office, to the use and benefit of their district school; and it shall and may be lawful for the said successors in office,

Trustees of triets to exhi

school dis

bit accounts.

Property granted for the use of common schools, how to be held.

Two trustees

or any one of them, to sue for, in his or their own name, and to recover against the said trustee or trustees, his or their executors or administrators, in whose hands any such balance shall be found in the manner aforesaid; or shall be legally proved in any other manner, to be, and which shall not have been paid over by him or them, to the said successors in office as aforesaid, the amount of such balance, together with the interest thereon, from the time the same ought to have been paid as aforesaid, with costs of suit, by action for mouey had and received to the use of their school district, in any court having cognizance thereof; and such monies so to be recovered, shall be applied to the use of the said district, in the same manner as if the same had been paid over as aforesaid without suit.

VII. And be it further enacted, That the commissioners of common schools in each town shall be enabled to hold any property which has been or shall hereafter be granted to them for the use and benefit of the common schools in their town, and such property shall be to them and their successors in office, in the same manner as if they were a body politic and corporate in law: And further, That all property which has heretofore been granted to any school district, or to any former trustees of any school district, for the use and benefit of their district school, shall be taken and deemed to be vested in the present trustees of such school district, for the use and benefit of their school, in the same manner as if such property had been granted to them for such use and benefit; and the trustees of any school district shall be enabled to hold any property so vested in them as aforesaid, or which has heretofore been granted to them, or shall hereafter be granted to them, for the use and benefit of their district school; and such property shall be to them and their successors in office, in the same manner as if they were a body politic and corporate in law.

VIII. And be it further enacted, That any act required to be done ay transact by the trustees of any school district, may be done by any two of them, any thing in the act hereby amended to the contrary notwithstanding.

business.

Forms of reports to be

the superin

tendeat.

IX. And be it further enacted, That the superintendent of common schools shall prepare suitable forms and regulations for making prepared by the reports and conducting the proceedings required under the act hereby amended, and shall cause three thousand copies of the same, together with this act, to be printed and distributed among the several towns of this state, for the use of the common schools therein, in such mauner as he shall think proper; and for defraying the expenses of printing and distributing the same, the sum of five hundred dollars, or so much thereof as shall be sufficient for that purpose, shall be paid to the superintendent, on the warrant of the Comptroller, out of any monies in the treasury not otherwise appropriated.

nants at will, how to be

collected.

X. And be it further enacted, That in all cases in which any tax has been, or hereafter shall be, assessed on any individual who may be Taxes on tein possession of real estate, as tenant at will or for one year, for the purpose of purchasing a site for, and building or repairing a schoolhouse and the appendages, for or on account of any real estate of which he may be in possession, it shall and may be lawful for the tenant to charge the landlord with the amount of such tax so paid by him, unless there shall have been, or hereafter be, an agreement on the part of such tenant to pay the taxes on such real estate.

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