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Chap. 65.

AN ACT to provide for the support of the public schools in the twenty-sixth ward of the city of Brooklyn (late town of New Lots) for the year eighteen hundred and eightyseven, and for the equitable apportionment hereafter of the State school moneys to the county of Kings, between the city of Brooklyn and the residue of said county.

PASSED March 11, 1887; three-fifths being present.

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

County

ment of

school

SECTION 1. The county treasurer of Kings county, is hereby author- Duty of zed and directed, out of the State school moneys apportioned by the treasurer. State Superintendent of Public Instruction for the year eighteen hun- as to pay dred and eighty-seven upon the basis of population to the county of certain Kings, outside of the city of Brooklyn in said county, to pay to the money city treasurer of the city of Brooklyn, to the credit of the board of education, in said city, the sum of four thousand five hundred and ninety-three and ninety-four one hundredths dollars, the said sum being the amount apportionable from said school moneys for eighteen hundred and eighty-seven, to the late town of New Lots, now the twenty-sixth ward of the city of Brooklyn, upon the basis of the population of said town, according to the enumeration of the inhabitants of the said town by the United States census, taken in eighteen hundred and eighty.

§2. The said moneys shall be applied by the board of education of said city, exclusively to the payment of teachers' wages in the said twenty-sixth ward (late town of New Lots).

How

applied.

§3. It shall be lawful for the board of education of the city of Ibid. Brooklyn, to apply the moneys appropriated for school purposes in the city of Brooklyn, for the year eighteen hundred and eighty-seven, to the support of the public schools in the twenty-sixth ward of said city (late town of New Lots) in common with the other schools of said city. § 4. Hereafter, in the apportionment of the State school moneys to buy of the county of Kings upon the basis of population the Superintendent tendent of of Public Instruction shall apportion the same to the city of Brooklyn Struction. upon its population including that of the late town of New Lots in said county, and to the residue of the county upon its population excluding that of the late town of New Lots.

§ 5. This act shall take effect immediately.

superin

public in

Recorder, his Juris-. diction

ers in

cases.

Chap. 66.

AN ACT to amend chapter five hundred and forty-one of
the laws of eighteen hundred and sixty-five, entitled “An
act to incorporate the city of Newburgh," and the severel
acts amendatory thereof.

PASSED March 14, 1887; three-fifths being present; without the approval of the
Governor.*

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

SECTION 1. Section one of title seven of chapter five hundred and forty-one of the laws of eighteen hundred and sixty-five, entitled "An act to incorporate the city of Newburgh," is hereby further amended so as to read as follows:

§ 1. The recorder of said city shall, except in cases of his absence from the city, or inability from sickness or other cause to act, have and pow jurisdiction, exclusive of any justice of the peace or other officer of criminal said city, except the mayor, and judges of courts of record, to issue all criminal process, and all process other than in civil actions, which a single justice of the peace or two justices of the peace in towns, are empowered or directed by law to issue, to hear all complaints, and conduct all examinations in criminal cases, to hold courts of special sessions with all the power and jurisdiction of such courts, as regulated by statute; to try, convict and sentence all persons who may be guilty of any offenses which are triable by courts of special sessions; and to commit for trial all persons who shall be guilty of felonies not triable in such courts. Whenever a defendant tried before a court of special sessions held by said recorder, shall be convicted, said court shall have jurisdiction and power to impose and enforce sentence of fine or im prisonment, or both, to the same extent as the court of sessions of the county of Orange could do in like cases. Said recorder shall have power to let to bail all persons charged with crime or examined on any criminal offense before him, in all cases of misdemeanor, and in all cases of felony, where the imprisonment in the State prison on conviction, cannot exceed five years. The recorder shall have also the same right, power and authority within said city, to administer oaths and May take take affidavits and acknowledgments that justices of the peace now have, and shall be entitled to charge and receive therefor the same ments, fees from any and all persons, except the attorney or person or persons, or officers acting for or in the business of the city. In such cases no Jurisdic fee shall be taken. The said recorder shall have the same jurisdiction, powers and authority as justices of the peace in civil actions brought by the city of Newburgh for the recovery of fines and penalties for violations of city ordinances, and in civil actions brought by the board of health for violations of their rules and regulations, and shall be entitled to demand and receive for his own use in such civil action the same fees as justices of the peace are or may be entitled to by law, and the said recorder shall have the same jurisdiction and authority as a justice of the peace in bastardy proceedings under the laws of this tardy pro- State, and shall be entitled to demand and receive for his own use in

acknowl

edg.

etc.

tion in

civil actions.

In bas

ceedings.

Not returned by the Governor within ten days after it was presented to him, and became a law without his signature. [Art. IV, Sec. 9, Constitution of the State of New York.]

such proceedings, the same fees as a justice of the peace is or may be entitled to by law, and the said recorder and one justice of the peace, together acting in such bastardy proceedings, shall have the same power as two justices of the peace would have therein.

§ 2. Title twelve of said act is hereby amended by inserting in said title the following as a new section after section fifteen therein to be numbered:

jurors,

§ 16. No person shall be deemed an incompetent judge, justice or Compejuror by reason of his being an inhabitant of said city of Newburgh, jency of or liable to taxation therein, in any action or proceeding in which the etc. said city or corporation is a party or is interested.

bering of

§3. Sections sixteen, seventeen, eighteen and nineteen of said title Renumshall hereafter be respectively numbered as section seventeen, section eighteen, section nineteen, and section twenty of said title. § 4. This act shall take effect immediately.

certain sections.

Chap. 67.

AN ACT in relation to common schools and the support thereof in the city of New York.

PASSED March 14, 1887; three-fifths being present.

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

estimate,

ciency in

lic educa

loan

SECTION 1. If the moneys appropriated by the board of estimate and Board of apportionment of the city of New York for the support and mainte- may supnance of the common schools in said city for the year eighteen hun- ply defi dred and eighty-seven shall be deemed by the board of education of expenses said city and the board of estimate and apportionment insufficient to for pub defray the necessary and legal expenses of public education during tion. the year eighteen hundred and eighty-seven, such deficiency may be appropriated and supplied by the board of estimate and apportionment of said city; and said board last named is hereby empowered to May make raise by loan, in anticipation of the annual tax, such sum or sums as therefor. shall be necessary to meet such deficiency, provided that the sum appropriated, with the amount already appropriated, shall not exceed the sum asked for in the estimate submitted by the board of education to the board of estimate and apportionment for the year eighteen hundred and eighty-seven; and provided, further, that the said board of Proviso. education shall, by a two-third vote of said board, in all cases certify to the said board of estimate and apportionment the cause and amount of such deficiency. Provided, however, that the said board shall not reduce the salary to be paid to any teacher of any grammar or primary school during the year eighteen hundred and eighty-seven, below the amount received by such teacher prior to the passage of this act. § 2. This act shall take effect immediately.

Oath of office of

village of

Chap. 68.

AN ACT to amend sections twelve and fifteen of title two of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages."

PASSED March 14, 1887; three-fifths being present.

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

SECTION 1. Section twelve of title two of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled “An act for the incorporation of villages," is hereby amended so as to read as follows:

§ 12. Every person elected or appointed to office under the provisions of this act, shall, before he enters on the duties of his office, take, subficers and scribe and file with the village clerk, the oath of office provided by the Constitution. Such oath of office may be taken before the village clerk, a justice of the peace or a judge or justice of a court of record.

how taken.

Annual village

Notice thereof.

Polling place.

holding

§ 2. Section fifteen of title two of said chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, is hereby amended so as to read as follows:

§ 15. Elections of elective officers of the corporation after the first election. election of officers, shall be held annually on the third Tuesday of March, commencing at one o'clock in the afternoon, or at such earlier hour in the day after sunrise as the board of trustees may direct, and shall continue till sunset at such place as shall be designated by the trustees or a majority of them. At least six days' notice shall be given by the trustees, or a majority of them, prior to said election, by posting notices in six conspicuous places in the village by the clerk, or by some one appointed by the trustees if there is no clerk, and such notice sha!! specify the hour at which such election shall commence. In case the trustees neglect to appoint a place, the election shall be held at the place of the last preceding annual election, and in case they neglect to appoint the hour of commencing, the election shall commence at the same hour as did the last preceding annual election. But any village Date for incorporated under the provisions of this act may change the date on which such election shall be annually held, to some other day, provided however, that such change shall not be made unless upon the written changed. application of the voters representing a majority of the taxable property of such village, directed to the board of trustees of such village. requesting the said board to submit the question of such change to a vote of the duly qualified voters of such village. Upon the presentation of such application to such board of trustees, it shall be the duty of such board to cause written or printed notices of such election to be posted up in at least six conspicuous public places in such village, stating the object of such election and the date and time on which the same shall be held, which time shall not be less than thirty days nor more than sixty days from the time of posting such notices. Suitable Questions ballots for such election shall be prepared under the direction of the mitted board of trustees of such village; the said board of trustees shall preand voted side at such election, shall canvass the votes cast, shall declare the result thereof and shall file a certificate thereof signed and sworn to by

annual elections,

how

how sub

on.

them in the office of the village clerk in such village. If a majority of all the votes cast shall be in favor of such change to another day than that named herein, then and in that case such annual election shall thereafter be held in such village on the day specified by a majority of the voters of such village.

§ 3. This act shall take effect immediately.

Chap. 69.

AN ACT for the settlement of territorial disputes in regard to the lands under water in Raritan Bay.

PASSED March 15, 1887; three-fifths being present.

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

sioners..

SECTION 1. The Governor shall appoint three commissioners who shall Governor to appoint have full power, on the part of the State of New York, to meet the boundary commissioners appointed, or to be appointed by the State of New commisJersey, and with them locate and mark out by proper monuments and buoys the true boundary line between the two States in lands under water in Raritan Bay.

line, how

§ 2. The said commissioners, within one year from the passage of this Map of act, shall file with the Secretary of the State of New York a map show- filled. ing such boundary line.

how paid.

§3. The expenses of the said commissioners, not exceeding one thou- Expenses, sand dollars, shall be paid by the Treasurer upon the warrant of the Comptroller, after first being approved by the Governor. §4. This act shall take effect immediately.

Chap. 70.

AN ACT to amend chapter thirty-nine of the laws of eighteen hundred and seventy-four entitled "An act to reorganize the village of Medina."

PASSED March 15, 1887; 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 title two of chapter thirty-nine of the laws of eighteen hundred and seventy-four entitled "An act to reorganize the village of Medina," is hereby amended so as to read as follows:

officers.

§ 1. The officers of said village shall be a president, six trustees, one Elective treasurer three assessors, one police justice a collector of corporation village taxes and three inspectors of election, all to be elected; a health officer, Appoint a clerk, a superintendent of streets, three fire wardens and an attorney, ive offiand such other officers as are hereinafter authorized, who shall be appointed by the president and trustees, and such special policemen Special as may be appointed by the president as hereinafter provided.

cers.

police,

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