but the bottoming out of the Erie and Oswego canals shall be done under the direction and supervision of the Superintendent of Public Works and in such manner, either by contract or otherwise, as the said Superintendent of Public Works shall determine to be for the best interests of the State.

Chap. 120-[Vol. 2, p. 1365.]-An act to amend chapter thirty-one of the laws of one thousand eight hundred and seventy-nine, entitled "An act to enable such towns in this State as have altered the manner of working and repairing the highways from the system provided for in article second and article third of chapter sixteen, title one, part one of the Revised Statutes, to the system provided for by chapter three hundred and ninety-five of the laws of one thousand eight hundred and seventy-three, to return to the system provided for in said first named act."

APPROVED by the Governor April 10, 1889.

Passed, three-fifths being present.

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

Highway repair system, return to former system provided for. SECTION 1. Section two of chapter thirty-one of the laws of one thousand eight hundred and seventy-nine, entitled "An act to enable such towns as have altered the manner of working and repairing the highways from the system provided for in article second and article third of chapter sixteen, title one, part one of the Revised Statutes, to the system provided for by chapter three hundred and ninety-five of the laws of one thousand eight hundred and seventy-three, to return to the system provided for in said first-named act," is hereby amended so as to read as follows:

Submission of question, to voters; form of ballot, at annual town meeting; canvass, and record of result of vote; change if authorized thereby, when to take effect. § 2. Upon the written application of twenty-five tax payers of any such towns, it shall be the duty of the justices, or other officers who preside at the town election of any such town, to submit to the electors, and the electors of any such town may vote at the next regular annual town meeting upon thequestion of returning to the said former system of working and repairing the highways. Such vote shall be by ballot, upon which shall be written or printed respectively, "for returning to the system of working and repairing the highways provided for in article second and article third of chapter sixteen, title one, part one of the Revised Statutes," and, "against returning to the system of working and repairing the highways provided for in article second and article third of chapter sixteen, title one, part one of the Revised Statutes." The ballots shall be deposited in a separate box by themselves, be counted by the inspectors of election, or other officers presiding at such town election, and if a majority of the electors shall vote in favor of returning to said former mode, the town voting there for may avail itself of the privileges of this act, and of said article second and article third of chapter sixteen, title one, part one of the Revised Statutes, upon causing a minute of its action to be entered by the town clerk in the town records. In any town which may have voted or may hereafter vote to return to the system of working and repairing the highways as herein provided, such change shall not take

*So in the original.

effect until the next annual meeting of the board of supervisors after the town meeting at which it was decided to make such change; and until such annual meeting of said board of supervisors the former system of repairing highways shall remain in force in said town.

§ 2. This act shall take effect immediately.

Chap. 129-[Vol. 1, p. 238.]—An act_giving the consent of the State of New York to the purchase, by the United States, of land in the city of New York, for the purpose of an appraiser's warehouse and other purposes.

APPROVED by the Governor April 13, 1889. Passed, three-fifths being present.

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

Consent to purchase of lands, by U. S. SECTION 1. The consent of the State of New York is hereby given to the purchase, by the United States, of any lands in the city of New York, for a site for an appraiser's warehouse and other purposes, not exceeding in area two hundred thousand square feet.

Jurisdiction ceded. § 2. The jurisdiction of the State of New York in and over said lands is hereby ceded to the United States, subject to the restrictions hereinafter mentioned.

Right of State to serve process, etc., reserved. § 3. The said consent is given, and the said jurisdiction is ceded upon the express condition, that the State of New York shall retain a concurrent jurisdiction with the United States in and over the said land, so far as that all civil or criminal process which may issue under the laws or authority of said State may be executed therein, in the same manner as if such consent had not been given or jurisdiction ceded, except so far as such process may affect the real or personal property of the United States.

Jurisdiction, when to vest. § 4. The jurisdiction hereby ceded shall not vest in any respect to said lands, until the United States shall have acquired the title thereto, by purchase or otherwise.

Land acquired, exempt from State taxation. §5. The said land acquired under the provisions of this act, shall be and continue forever thereafter exempted and discharged from all taxes, assessments and other charges, which may be levied or imposed under the authority of this State; but the jurisdiction hereby ceded, and the exemption from taxation hereby granted, shall continue in respect to said land so long as the same shall remain the property of the United States, and be used for public purposes, and no longer.

§ 6. This act shall take effect immediately.

Chap. 135-[Vol. 2, p. 924.]-An act to amend section one of chapter one hundred and ninety-seven of the laws of one thousand eight hundred and forty-seven, as amended by chapter four hundred and fiftysix, laws of one thousand eight hundred and eighty-four, entitled" An act authorizing the erection of town houses."

APPROVED by the Governor April 15, 1889. Passed, 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 chapter one hundred and ninety-seven of the laws of one thousand eight hundred and forty-seven, as amended by chapter four hundred and fifty-six of the laws of one thousand eight hundred and eighty-four, entitled "An act authorizing the erection of town-houses," is hereby amended so as to read as follows:

Electors may vote money for town-house and site; limitation of expenditure; notice of proposed vote, how posted. § 1. The electors of any town of this State in which there shall not be a town-house, at any annual town meeting, or at a special town meeting called by the town clerk in the manner provided in sections seven and eight of article one, title two, chapter eleven, part one, Revised Statutes, may, by resolution, vote a sum of money for the purchase of a site for, and the building of, a town-house, or for the purpose of contributing to the erection of a building for the joint use of such town and of an incorporated village within its limits not exceeding in number of dollars. four times the number of electors in such town; provided that a notice of such intention to propose such a resolution shall have been posted within fifteen days of and not less than ten days preceding said meeting, in five of the public places in said town.

§ 2. This act shall take effect immediately.

Chap. 136-[Vol. 1, p. 567.]-An act to authorize the cancellation of worthless accounts on the books of the Comptroller's office.

APPROVED by the Governor April 15, 1889. Passed, three-fifths being present.

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

SECTION 1. The Comptroller is authorized by and with the consent and approval of the Commissioners of the Canal Fund, within ninety days from the passage of this act, to cancel the balances that remain to the credit of the State on the books of the Comptroller's office against any bank, company or person for old deposits or investments which are worthless and uncollectible, on account of the canal fund; and charge the amount thereof to any unexpended and unappropriated balances in the treasury to the credit of the canal fund. This act shall not be construed to authorize the release or discharge of any person or corporation from any liability due or owing to the State.

§ 2. This act shall take effect immediately.

Chap. 137-[Vol. 2, p. 1267.1-An act to transfer the management and supervision of teachers' classes in academies and union schools from the Board of Regents to the Superintendent of Public Instruction. APPROVED by the Governor April 15, 1889. Passed, three-fifths being present.

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

SECTION 1. The powers and duties conferred and imposed upon the Regents of the University by chapter four hundred and twenty-five of the laws

of one thousand eight hundred and seventy-seven, and chapter three hundred and eighteen of the laws of one thousand eight hundred and eightytwo, relative to the instruction of classes in academies and union schools in the science and practice of common school teaching, are hereby transferred to the Superintendent of Public Instruction.

§ 2. This act shall take effect immediately.

Chap. 139-[Vol. 2, p. 1246.]-An act to amend section thirty-six of article two of title one of chapter fifteen of part one of the Revised Statutes, relating to the powers and duties of the trustees of colleges. APPROVED by the Governor April 15, 1889. Passed, three-fifths being present.

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

Trustees of colleges, powers of. SECTION 1. Section thirty-six of article two of title one of chapter fifteen of part one of the Revised Statutes, is hereby amended so as to read as follows:

Universities or colleges, real and personal property of; other powers of college trustees. § 36. The trustees of every such college, besides the general powers and privileges of a corporation, shall have power,

1. To elect, by ballot, their chairman, annually;

2. Upon the death, removal out of this State, or other vacancy in the office of any trustee, to elect another in his place, by a majority of the votes of the trustees present;

3. To declare vacant the seat of any trustee who shall absent himself from five successive meetings of the board;

4. To take and hold, by gift, grant or devise any real or personal property, the yearly income or revenue of which shall not exceed the value of two hundred and fifty thousand dollars. Every college or university incorporated under the laws of this State shall have power to take and hold property to the amount provided in this subdivision, notwithstanding that its charter may prescribe a less amount;

5. To sell, mortgage, let, and otherwise use and dispose of such property in such manner as they shall deem most conducive to the interest of the college;

6. To direct and prescribe the course of study and discipline to be ob served in the college;

7. To appoint a president of the college, who shall hold his office during good behavior;

8. To appoint such professors, trustees and other officers as they shall deem necessary, who, unless employed under a special contract, shall hold their offices during the pleasure of the trustees;

9. To remove or suspend from office the president and every professor, tutor, or other officer employed under a special contract, upon a complaint, in writing, by any member of the board of trustees, stating the misbehavior in office, incapacity or immoral conduct of the person sought to be removed, and, upon examination and due proof of the truth of such complaint, and to appoint any other person in place of the president or other officer thus removed or suspended;

10. To grant such literary honors as are usually granted by any university, college or seminary of learning in the United States, and in testimony thereof,

to give suitable diplomas, under their seal and the signature of such officers of the college as they shall deem expedient;

11. To ascertain and fix the salaries of the president, professors and other officers of the college;

12. To make all ordinances and by-laws necessary and proper to carry into effect the preceding powers.

§ 2. This act shall take effect immediately.

Chap. 142-[Vol. 2, p. 1262.]-An act to amend chapter four hundred and sixty-six of the laws of one thousand eight hundred and sixty-six, entitled" An act in regard to normal schools."

APPROVED by the Governor April 15, 1889. Passed, three-fifths being present.

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

Admission of pupils. § 1. Section five of chapter four hundred and sixty-six of the laws of one thousand eight hundred and sixty-six, entitled “An act in relation to normal schools," is hereby amended so as to read as follows:

Non residents of State to pay tuition; academic departments, admission of pupils to, restricted; use of books and other privileges at; dismissal of pupila § 5. All applicants for admission shall be residents of this State, or, if not, they shall be admitted only upon the payment of such tuition fees as shall be, from time to time, prescribed by the Superintendent of Public Instruction. Applicants shall present such evidences of proficiency or be subject to such examination at the school as shall be prescribed by said Superintendent. From and after the twentieth day of August, one thousand eight hundred and eighty-nine, it shall not be lawful for any such school to receive, into any academic department connected therewith, any pupil not a resident of the territory, for the benefit or advantage of whose residents the State has pledged itself to maintain such academic department. When admitted, students, unless they are students in the academic or practice department or are non residents, shall be entitled to all the privileges of the school, free from all charges for tuition or for the use of books or apparatus, but every pupil shall pay for books lost by him, and for any damage to books in his possession; any pupil may be dismissed from the school by the local board for immoral or disorderly conduct, or for neglect or inability to perform his duties.

Chap. 146-[Vol. 2, p. 1356.]—An act to amend section four of chapter seven hundred of the laws of one thousand eight hundred and eightyone, entitled "An act to provide for the liability of towns and commissioners of highways in certain cases.

99

APPROVED by the Governor April 15, 1889. Passed, three-fifths being present.

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

SECTION 1. Section four of chapter seven hundred of the laws of one thousand eight hundred and eighty-one, entitled "An act to provide for the