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ment of the
concerned, itemized accounts, separate in each case, of the respective
$ 16. The counties against which the said accounts shall be and pay-
$ 17. The institution shall be entitled to receive copies of Books all books and other publications which are distributed gratui- ously distously by the state to township or county libraries, common state. schools, academies, colleges and societies. It may also receive, in the name of the state, bequests or donations of money or any kind of property, but such money or property shall in all cases belong to the state, and be subject to its control; provided that the same shall not be diverted from the particular object for which it shall be bequeathed or donated. S 18. The board of trustees shall keep full and complete Records of
. records of their proceedings, and make an annual report of Inge or the same to the legislature, at the commencement of the regular session thereof, strictly accounting in detail for their expenditures, on account of the institution, during the preceding fiscal year, of the state, setting forth the progress and condition of the several departments of the institution, making such suggestions concerning its future management as they may deem essential, and submitting proper estimates of the funds needed for its support, as well as for building and all other purposes.
§ 19. The state treasurer is hereby directed to pay over to Payment
20. All drafts upon the state treasury on behalf of the Drafts upou
$ 21. Sections nineteen and twenty of this act shall not be construed to alter, impair or affect the powers or duties of the building commissioners appointed under the provisions of chapter five hundred and eighty-seven of the laws of eighteen hundred and sixty-five; and nothing in this act shall be construed to interfere with the erection by said building commissioners of the state institution for the blind, in accordance with the plans heretofore approved by the governor, secretary of state and comptroller; and all moneys now or hereafter to be appropriated for the building of said institution shall be paid to said building commissioners for that purpose.
$ 22. The New York institution for the blind shall continue the institu. to have the custody, charge, maintenance and education of
all such pupils as are now intrusted to them by the state, and of any others who may be appointed prior to the opening of the state institution at Batavia, and shall receive compensation from the state for the maintenance, education and support of said pupils, in the same manner as is now or has heretofore been provided, and shall receive the same amount per capita from the counties from which said pupils are respectively appointed as is now paid, for their clothing, until such period as the New York state institution for the blind shall be ready to receive such pupils, and shall then, without reference to the term of years for which said pupils have been appointed under existing laws, and received by said New York institution for the blind, transfer said pupils to said state institution; provided, however, that they shall retain and continue to receive all pupils heretofore appointed or liereafter to be appointed from the counties of New York and ‘Kings, under the appointment of the superintendent of public instruction, in like manner as is now provided by law to be received, maintained and educated by the said New York institution for the blind, which shall be compensated for their maintenance and education by the state, and for their clothing by the counties from which they are appointed, in like manner as is now done.
$ 23. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
$ 24. This act shall take effect immediately.
Passed April 24, 1867; three-fifths being present. The People of the State of New York, represented in Sena and Assembly, do enact as follows :
SECTION 1. The caval commissioners are hereby authorized to raise the state dam at Waterloo to and maintain the same
at a height not exceeding the height of the original state dam at that place, but so as not to raise the waters of Seneca lake above the natural height of the waters of said lake. And they are also authorized, when the bridge across the outlet of Seneca lake is rebuilt, to lower the same to a beight no more than sufficient to pass the largest size canal boats.
S 2. The expense of raising the said dam, not exceeding one thousand dollars, shall be paid out of any funds appropriated for extraordinary repairs of the middle division of the canals.
$ 3. No claim shall be made or entertained for any damages to land or property, by reason of restoring the said dam to its original height, by the provisions of this act. $ 4. This act
shall take effect immediately.
of the laws of eighteen hundred and sixty-five, so as to
Passed April 24, 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 second section of chapter five hundred and eighty-five of the laws of eighteen hundred and sixty-five, entitled "An act to establish the Cornell university, and to appropriate to it the income of the sale of public lands granted to this state by congress, on the second day of July, eighteen hundred and sixty-two, also to restrict the operation of chapter five hundred and eleven of the laws of eighteen hundred and sixty-three," is hereby amended so as to read as follows:
2. The first board of trustees of said corporation shall consist of the persons named in the first section of this act. trustees of In addition thereto, the governor, the lieutenant-governor, the speaker of the house of assembly, the superintendent of public instruction, the president of the board of faculty of the said corporation, the president of the state agricultural society, the librarian of the Corneil library, the eldest lineal male descendant of Ezra Cornell, shall be trustees thereof ex officio. The said Ezra Corpell shall be a trustee thereof until he shall nell. die or resign. In addition to the number of trustees herein provided for, there shall be elected by them, or by a quorum seven other of them, at their first meeting, by the vote of a majority of bo choren. such quorum, seven other trustees to act with them as the board of trustees of said university ; but at no time shall a
hen elected trustee
Vilcate his office.
Division into class. es, etc.
Terms of office.
A majority, majority of the board be of any one religious sect, or of no one relige religious sect. Whenever any one of the seven trustees so
elected by the others shall become a trustee ex officio, by being
chosen as the president of the board of faculty of the unideemed to versity, his office as an elected trustee shall become vacant,
and shall not again be filled in any manner; and the number of trustees, other than of those who -are trustees ex officio, including in the ex officio trustees the said Ezra Cornell, shall not agaiu exceed fifteen. The said fifteen trustees, who are not such ex officio, shall, at the first annual commencement of the said university, be divided into classes, by lot, of three in each class. The first lot shall be cast in such manner as shall be provided by the by-laws of the university, or by the resolution of the board of trustees. The term of office of the first class of said elective trustees shall terminate at the end of five years from the said first annual commencement; the term of office of the second class shall terminate at the end of six years from the said first annual commencement; the term of office of the third class shall terminate at the end of seven years from the said first annual commencement; the term of office of the fourth class shall terminate at the end of eight years from the said first annual commencement; the
term of office of the fifth class shall terminate at the end of Election of nine years from the said first annual commencement. On the
expiration of the term of any such class, and at the then next annual commencoment, three trustees shall be elected to fill the place of such class. All trustees elected after the first election, as herein provided, shall hold office for five years from the annual commencement at which they are elected. The election thereof shall be by ballot, and thirteen of the
ballots cast shall concur before any one is thereby elected a Trustees; trustee. The said trustees shall be elected by the votes of be chosen those of the board of trustees whose term does not expire, alumni until the alumni of the said university shall have reachel
one hundred. Who shall be deemed the alumni of the said hundred.
university shall be prescribed by the by-laws of the said university, and such prescription shall be made at or before the first annual commencement of the said university, and the same shall not be changed except by act of the legislature. When the number of the alumni shall have reached one hundred, and so long as such number continues at one hundred or upwards, the trustees to be elected at the end of any year shall be elected as follows: The board of trustees shall, in the manner herein provided, elect two; the said alumui, if forty-five of them shall meet at the said university at the time above specified, shall, in the manner above provided, elect one trustee; but not unless a majority of those present shall concur in the election. If forty-five of the alumni shall not so meet, or so meeting shall not so elect, or if at any time
to be made regarding
the alumni shall not be one hundred, the board of trustees shall elect the three trustees in the manner above provided.
Ante, vol. 6, p. 526. S 2. The seventh section of the said act is hereby amended so as to read as follows:
\ 7. The trustees of the said university, if they shall be- Provision.« come entitled to the benefits of this act, shall make provisions to the satisfaction of the regents, in respect to the buildings, etc. before fixtures and arrangements generally, on or before the first day October. of October, anno Domini eighteen hundred and sixty-eight, to fulfill the provisions of the aforesaid act of congress; they shall also make all reports and perform such other acts as may be necessary to conform to the act of congress aforesaid. The said university shall be subject to the visitation of the regents of the state of New York.
Ante, vol. 6, p. 528. S 3. The trustees of the said university are hereby author- Loans by ized to borrow, from time to time, for the erection and equipment of necessary university buildings, a sum not exceeding in all fifty thousand dollars, and secure the repayment of the same by note or bond, as shall be agreed upon.
9 4. This act shall take effect immediately.
the formation of railroad corporations, and to regulate
Passed April 25, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. If any corporation formed under an act entitled " An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, shall not, within five years after its articles of association are filed and recorded in the office of the secretary of state, begin the construction of its road, and expend thereon ten per cent on the amount of its capital, or shall not finish its road and put it in operation in ten years from the time of filing its articles of association, as aforesaid, its corporate existence and powers shall cease.
Ante, vol. 3, p. 617.