$3,000 'To St. John's college, at Fordham, three thousand dollars St. John's for one year, from the first day of August in the year eighteen college, hundred and forty-eight, to the first day of August in the year eighteen hundred and forty-nine. School For the payment of the subscription for the District School District Journal, for the year eighteen hundred and forty-eight, twen- Journal, ty-four hundred dollars, pursuant to the provisions of the $2,400. act, chapter one hundred and thirty-three, of the laws of eighteen hundred and forty-three. §2. There shall be paid from the treasury on the warrant Academies of the comptroller, out of the revenue of the literature fund to the several academies and schools embraced in the apportionments that may be made by the regents of the university, the sum of fifteen thousand dollars, and the further sum of twenty-five thousand dollars from the income of the United States deposite fund, being in all forty thousand dollars in each of the years eighteen hundred and forty-nine, and eighteen hundred and fifty. Such apportionment to be made by the regents among the said academies, and seminaries of learning throughout the state, in proportion to the number of each, who shall have pursued the requisite studies to entitle them to share in said distribution. 3. This act shall take effect immediately. CHAP. 237. AN ACT to declare the public use of a railroad from Albany to Cohoes. Passed April 11, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: created. § 1. It shall be lawful for Marcus T. Reynolds, John L. Corporat's Schoolcraft, James Kidd, James Horner, Andrew White, Samuel Stevens, Charles Van Benthuysen, John Keyes Paige, James Edwards, James D. Wasson, Ezra P. Prentice, Archibald McClure, Theodore Olcott, William Smith, Peter Cagger, Ellis Baker, Stephen Van Rensselaer, Clarkson F. Crosby, Charles B. Lansing, John Hillhouse, John C. Schuyler, Egbert Egberts, Charles Olmstead, (Cohoes;) John Cramer, David Hamilton, John Stewart, William H. Chadwick, George P. Kirkland, Henry A. Brigham, A. T. Dunham, George Husted, and their associates, when duly formed into a corporation, under and in pursuance of the act entitled "An act to authorise the formation of railroad corporations," to construct and maintain a railroad from Albany to the village of Cohoes, passing through the village of West Troy, with power to extend said railroad to the village of Water Tolls to be paid on goods. Saving clause. Comm'rs pointed. ford at any time within five years from the passage of this act; and said company, when duly formed, may take and appropriate private property for the construction and maintenance of such road, under and in pursuance of the provisions of said act. § 2. Said corporation shall pay to the commissioners of the canal fund, tolls on goods and property transported by it, and be subject to the laws relating thereto. §3. The said corporation shall not by this act have any right or privilege which may or shall impair the rights or privileges of the "Cohoes bridge company," but may acquire the title to so much of the said bridge as may be necessary for the construction and use of its road, as is provided for taking of lands by the act aforesaid. § 4. This act shall take effect immediately. CHAP. 238. AN ACT in relation to public schools in the city of Syracuse. § 1. There shall be appointed by the mayor and common to be ap- council of the city of Syracuse on the third Tuesday of April, eighteen hundred and forty-eight, from each ward in said city, two commissioners of common schools for the said city, who shall be residents of the ward for which they are appointed. The persons so appointed shall, within ten days after their appointment take the oath of office prescribed by the constitution of this state, and file the same with the city clerk. To be clas sified Thereafter missioner § 2. Within ten days after their appointment, as in the last section mentioned, said commissioners shall meet at Market Hali, in said city, and cause the said commissioners so chosen to be divided into two classes, to be denominated "first" and "second" classes. The term of office of the first class shall expire at the end of one year from the second Tuesday of March, eighteen hundred and forty-eight; of the second class at the end of two years from the said second Tuesday of March, eighteen hundred and forty-eight. §3. There shall, in like manner, in each year thereafter one com- be elected one commissioner of schools for each ward of said to be elect- city, to supply the places of those whose term of office is ed in each about to expire; they shall hold their offices for two years, and until their successors are elected and have taken the oath of office. The term of office of all commissioners elected pursuant to the provisions of this act, shall commence on the ward. first Tuesday after their election. Said election shall take place at the time of the general charter election of said city in each and every year thereafter, and shall be subject to all the provisions in regard to said election so far as the same may be applicable, as are contained in the charter of said city, passed on the 14th December, 1847. § 4. The common council of said city may make appoint- Vacancies ments of commissioners of common schools to fill vacancies how filled. which may occur from any cause other than the expiration of the term of office of those elected. The commissioners so appointed shall hold their office for the unexpired term of those to supply whose places they are appointed. may be §5. Any commissioner of common schools in said city may Removals be removed from office for official misconduct by the common made. council thereof, by a vote of two-thirds of the members thereof, but said commissioner shall be allowed an opportunity to refute any such charge of misconduct, before removal. §6. The commissioners of common schools in said city Board of shall constitute a board, to be styled the "Board of education education. of the city of Syracuse," which shall be a corporate body in relation to all the powers and duties conferred them by virtue of this act. A majority of the board shall form a quorum. At their first meeting after an election, they shall elect one of their number President; and whenever he shall be absent, a president pro tempore may be appointed, but such president shall only have a casting vote. They shall also appoint a clerk Clerk to be and fix his compensation, and who shall hold his office during appointed. the pleasure of the board. The said commissioners shall receive no compensation for their services. They shall have the care of the gospel and school lands and securities taken therefor in said city. §7. The clerk of said board shall keep a record of the pro- Duty of ceedings thereof and perform such other duties as the board clerk. may prescribe; which record, or transcript thereof, certified by the President and clerk, shall be received in all courts as prima facie evidence of the facts therein set forth; and such records, and all the books and accounts of the said board, shall, at all times, be subject to the inspection of the common council and of any committee thereof. be raised. ing purpo §8. The common council of the said city shall have the Money to power, and it shall be their duty, to raise from time to time, by tax for by tax upon the real and personal estate in said city which the followshall be liable to taxation for the ordinary city taxes, or for ses. eity or county charges, in addition to the amount of school monies now or hereafter appropriated or provided by law for common schools in said city, such sums as may be determined and certified by the said board of education to be necessary or proper for any or all of the following purposes: Amount raised. 1. To purchase, lease or improve sites for school houses. 2. To build, purchase, lease, enlarge, alter, improve and repair school houses, and their out-houses and appurtenances. ap 3. To purchase, exchange, improve and repair school paratus, books, furniture and appendages; but the power herein granted shall not be deemed to the furnishing of class or text books for any scholar whose parent or guardian shall be able to furnish the same. 4. To procure fuel and defray the contingent expenses of the common schools, and the expenses of the district library of said city. 5. To pay the wages of teachers due after the application of the public monies which may by law be appropriated and provided for that purpose: Provided nevertheless, that such tax shall not be laid oftener than once in each year : 6. Nor shall the amount to be raised for teacher's wages and contingent expenses in any one year be less than twice nor more than six times the amount of public money received during the previous year. Nor shall the amount to be raised any one year for buying sites, and erecting and repairing school houses and the appurtenances, exceed one thousand five hundred dollars. in §9. The common council shall cause the amount of the how to be tax at any time ordered to be raised in pursuance of this act, to be added to the amount which they are otherwise authorised by law to raise by tax in said city, and they shall cause the same, with the collectors fee thereon, to be assessed, levied and collected at the same time,and by the same warrant, and in the same manner with the taxes raised for city expenses, under and by virtue of the act of incorporation of said city. All moneys to city trea Burer. § 10. All moneys to be raised pursuant to the provisions to be paid of this act, and all school moneys by law appropriated to or provided for said city, shall be paid to the treasurer of said city, who together with the sureties upon his official bond, shall be accountable therefor in the same manner as for other moneys of the said city; the said treasurer shall also be liable to the same penalties for any official misconduct in relation to the said moneys as for any similar misconduct in relation to other moneys of the city. Treasurer pay on to order. § 11. After the passage of this act the treasurer of the said city shall not pay out any moneys in his hands received by the said city, either as school moreys, or collected or received by virtue of any of the provisions of this act, excepting upon an order drawn upon him and signed by the president and clerk of said board of education, and no such order shall be drawn except by virtue of a resolution of the said board. § 12. The said board may cause a suit or suits to be proseprosecuted cuted in the name of the city of Syracuse upon the official bond of the treasurer or of any collector of said city, for any de Suits how fault, delinquency or official misconduct, in relation to the collection, safe keeping or payment of any moneys in this act mentioned. 13. The said board shall have power, and it shall be Schools their duty, 1. To establish and organise such and so many schools in said city (including the common schools now existing therein) as they shall deem requisite and expedient, and to alter and discontinue the same. may be organised. houses. 2. To purchase or hire school houses, and rooms, and lots School or sites for school houses, and to fence and improve them as they deem proper. 3. Upon such lots, and upon any sites now owned by said Sites. city, to build, enlarge, alter, improve and repair school houses, out houses and appurtenances as they may deem advisable. 4. To purchase, exchange, improve and repair school ap- School paratus, books for indigent pupils, furniture and appendages, and to provide fuel for the schools and defray their contingent expenses and the expenses of the district library. books, &c. houses. 5. To have the custody and safe keeping of the school Custody of houses, out houses, books, furniture and appendages, and to see that the ordinances of the common council in relation thereto be observed. 6. To contract with, license and employ all teachers in Teachers. the common school and high school and at their pleasure to remove them. teachers. 7. To pay the wages of such teachers out of the school Wages of moneys which shall be appropriated and provided in the said city so far as the same shall be sufficient, and the residue thereof from the money authorised to be raised for that purpose by section eight of this act, by tax upon said city. 8. To defray the necessary contingent expenses of the Contingent board, including an annual salary to the clerk, provided that expenses. the account of such expenses shall first be audited and allowed by the common council. and man agement of 9. To have in all respects the superintendence, supervision Supervis'n and management of the common schools in said city, and from time to time to adopt, alter, modify and repeal, as they schools. may deem expedient, rules and regulations for their organization, government and instruction, for the reception of pupils and their transfer from one school to another, and generally for the promotion of their good order, prosperity and public utility. houses and 10. Whenever in the opinion of the board it may be ad- Sale of visable to sell any of the school houses, lots or sites or any lots. of the school property now or hereafter belonging to the city to report the same to the common council. 11. To prepare and report to the common council such or- To report dinances and regulations as may be necessary or proper for ordinances |