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Roport to supervisors.

against commissioners.

Rules and regulatlong.

8 17. The said commissioners shall annually, on the first day of May in each year, and at all such other times as required by the board of supervisors of the county in which said village is situated, deliver to said board of supervisors a detailed statement of all their accounts, a general statement of all their work, and condition of their affairs and state of finances, including a full detail of the amount expended in the progress of the work, and a particular statement of any deficiency as to the water rents, in meeting the principal and interest of the sum borrowed, as in the previous section hereinbefore referred to, and all books and papers of every kind and description kept by said commissioners, upon which are entries of their transaction as such, shall, at all times, be subject to the inspection by said board of supervisors, and

by every elector of said village. Judgments § 18. All judgments against said commissioners in their name of

office, and judgments against them, where the transaction upon which the action was brought shall have been in the performance of their duties as commissioners, shall not be enforced against the individual property of either of the said commissioners.

g 19. The said commissioners shall have power, from time to time, to make and establish such by-laws, rules and regulations, not inconsistent with the laws of this State or of the United States, as they shall judge proper for the election of their officers, and as to the duties of these officers and employees, and as to the means of enforcing said duties, and for the regulation of times and manner of holding meetings of commissioners, and for enforcing the collection of water rents and manner of using water, and generally for transacting, managing and directing the affairs of the commissioners, and may provide regulations as to the use of water, and enforce the observance thereof by cutting off the use and supply of water.

8 20. A violation of any of the provisions of this act by any of such commissioners shall be deemed a misdemeanor.

$ 21. At any time after the passage of this act, a meeting of the questions

electors of any village may be called by its board of trustees, upon notice published for two weeks in one or more weekly newspapers published in said village, or if no newspaper be published in such village, then in the nearest newspaper published in the county in which such village may be situated, and at which the question will be submitted, whether the taxes in this act authorized for the purposes aforesaid shall be levied and collected from the village, as in this act provided; and no commissioners shall proceed with any duties under this act, unless the majority of the voters and the tax payers whose names appear upon the last assessment roll of the village, voting at such meeting shall vote in favor of such taxes. Said vote shall be by ballot, and there shall be written or printed on the ballots of those in favor of taxes," For the water taxes,” and on the ballots of those opposed, “ Against the water taxes.". The said board of trustees, or any of them, shall preside and certify the result of said meeting, and the village clerk shall, within five days thereafter, serve each of said com

missioners with a certified copy of such certificate. How 8 22. Whenever any corporation shall have been organized under rights and

the laws of this State for the purpose of supplying the inhabitants of of existing any village with water, and it shall become or be deemed necessary by

the board of water commissioners herein authorized to be created, that acquired. the rights, privileges, grants and properties of such corporation shall

be required for any of the purposes of this act, the commissioners herein authorized to be created shall have the power, and it shall be

Violation of act.

Vote of electors on

of water

tax.

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property

corporations

their duty, to make, or cause to be made, a thorough examination of the works, rights, privileges and properties owned or held by such corporations, or any of them, and if such commissioners shall determine that said works, rights, privileges and properties are necessary for the purposes of this act, they shalĩ have the right to make application to the Supreme Court, at a special term thereof, held in the judicial district in which the works of such corporation are situated, for the appointment of three commissioners of appraisement, who shall be disinterested freeholders and residents of the county. Notice of such determination and application must be served upon the president and secretary of such corporation at least ten days prior to the presentation of any such application. The court shall thereupon appoint the said commissioners of appraisement, whose duty it shall be to examine and appraise the value of the works, rights, privileges and properties required to be taken by the board of water commissioners, and such commissioners of appraisement shall make a report in writing of such examination and appraisement to said court at a special term thereof. Said report shall be verified by the oaths of said commissioners; they shall file a copy thereof with the board of water commissioners, and they shall cause a copy thereof to be served upon the president or secretary of the company, whose rights and properties are the subject of such appraisement, with a notice of the time and place of the presentation of said report for confirmation. Such notice shall be served at least ten days prior to the time when said report shall be presented for confirmation. If objection be made to the confirmation of said report; by said company, or by a water commissioner, or if objection be made thereto by any three tax payers of said village, the court may order a re-examination of said works and properties, and a re-appraisement thereof; and the court may make an order that testimony be taken concerning the value of said works and properties. Said re-examination and re-appraisement shall be made, and said testimony shall be taken within twenty days from the time when said order shall be made, unless such time shals be extended by the court; and upon the presentation of said second report, the court shall proceed to consider the same, and shall thereupon confirm or reject the same. The compensation of such commissioners shall be three dollars per day for each day actually engaged, together with their actual and necessary expenses as adjusted by the court. The awards made to the corporation whose rights and properties are so taken, shall be paid by the water commissioners herein authorized to be created, from the proceeds of bonds, certificates or other obligations, which are hereby authorized to be issued by such commissioners for such purpose, and thereupon all the rights, privileges, works, franchises and properties owned by said corporation, or held by it for its purposes, shall be vested in said village.

$ 23. In the construction of any storage reservoir now being erected Roser or hereafter to be erected within the limits of this State, for the pur- volns. pose of supplying water for the use of any city, town or village, all vegetable or other matter subject to decay shall be removed from the banks thereof between its highest and lowest possible flow lines, or be covered by gravel or stone to prevent any such decay and consequent injury to public health.

$ 24. The provisions of this act shall not apply to any village Limita wherein a board of water commissioners has been created according to law.

Ante, vol. 9, p. 715.

tion,

CHAP 198.
AN ACT further to amend chapter three hundred and forty.

six of the laws of eighteen hundred and sixty-three, entitled
“An act empowering railroad companies to employ police

force."

ch. 346,

Policeman to take oath of office.

PASSED April 29, 1875. The People of the State of New York, represented in Senate and As

sembly, do enact as follows: Amending SECTION 1. Section three of chapter three hundred and fortyLaws 1863, six of the laws of eighteen hundred and sixty-three, entitled 6 Edm. 110. “ An act empowering railroad companies to employ police force," passed

April twenty-nine, eighteen hundred_and sixty-three, amended by chapter two hundred and fifty-nine, Laws of eighteen hundred and sixty-six, is hereby amended so as to read as follows:

$ 3. Every policemen so appointed shall within fifteen days after receiving his commission, and before entering upon the duties of his office, take and subscribe the oath of office prescribed in the case of officers appointed by the Governor, in the twelfth article of the constitution, which oath of office shall be taken and subscribed before the Secretary of State, or before the county clerk of the county in which

such policeman resides, which said oath, or a duplicate thereof, shall Secretary be filed in the office of the Secretary of State. And it shall be the to transmit duty of the Secretary of State, upon the filing of such oath of office,

to transmit to the county clerk of each county through or into which ment, etc. the railroad or steamboat for which such policeman is appointed may

run, and in which the said policeman is herein authorized to act, a certificate under his hand and the seal of his office, setting forth the appointment of said policeman by the Governor and that his commission is recorded and oath of office filed in the office of said Secretary of State, which certificate shall be filed by each county clerk receiving

Such policeman shall thereupon severally possess all the powers of policemen in the several towns, cities and villages in which they shall be so authorized to act as aforesaid.

$ 2. This act shall take effect immediately.
Ante, vol. 6, p. 512.

certificate of appoint.

the same.

CHAP. 16. Highways. AN ACT to authorize overseers of highways in the several

road districts of this State to cause the removal of fences along public highways for the purpose of preventing the drifting of snow into such highways.

PASSED April 29, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Any inhabitant liable to highway tax who shall remove

from lands owned or occupied by him the fence along any public Temoval of highway for the purpose of preventing the drifting of snow into such fence.

highway, shall be allowed by the overseer of high ways, in abatement

Abatement of tax for

of his highway tax, the time actually expended in removing such fence and in replacing the same; provided, however, that no allowance shall be made as herein before provided unless such fence shall have been removed pursuant to the direction of the overseer of highways.

ch. ,

9 Edm. 902.

CHAP. 197.
AN ACT to amend chapter three hundred and forty-five of the

laws of eighteen hundred and seventy-four, entitled "An
act in regard to publishing the account of incorporated
villages in this State.”

PASSED April 29, 1875 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows":

SECTION 1. Secction one of chapter three hundred and forty-five of Amending the laws of eighteen hundred and seventy-four, entitled “An act in Laws 1874, regard to publishing the account of incorporated villages in this State," is hereby amended so as to read as follows:

$ 1. It shall be the duty of the board of trustees of each of the Trustees incorporated villages of this State, to cause to be published, once in to publish each year and twenty days next before the annual meeting, in at least receipts one public newspaper printed in such village or in a public newspaper expendithat is, to all intents and purposes, a village newspaper of more than tures. one village, and that has more than one publication office, one of which is in such incorporated village, a full and detailed account of all money received by them or the treasurer of said village for the account and use thereof, and of all money expended therefor, giving the items of expenditures in full. Should there be no paper published in said village, they shall be required to publish the same, by notice to the tax payers, by posting in five public places in said incorporated limits.

$ 2. This act shall take effect immediately.

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CHAP 205.
AN ACT for the better suppression of vice and of obscene

literature.

Passed April 29, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any agent of the New York Society for the Suppression of vice, upon being designated thereto by the sheriff of any county in this State, may within such county make arrests and bring before any court or magistrate thereof having jurisdiction, offenders found violating the provisions of any law for the suppression of the trade in, and circulation of obscene literature and illustrations, advertisements and articles of indecent and immoral use, as it is or may be forbidden by the laws of this State, or of the United States.

8 2. This act shall take effect immediately.

ch. 452,

CHAP 206.
AN ACT to amend chapter four hundred and fifty-two of the

laws of eighteen hundred and seventy-three, entitled "An
act to amend section one of chapter seven hundred and sixty
of the laws of eighteen hundred and seventy in reference to
acquiring title to real estate for burial purposes.

PASSED April 29, 1875; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending

SECTION 1. Section one of chapter seven hundred and sixty of the Laws 1873, laws of eighteen hundred and seventy is hereby amended so as to read

as follows: Acquiring § 1. It shall be lawful for the common council of any city, the real estate trustees of any incorporated village, or the trustees of any incorporated

cemetery association in this State (although such cemetery is discon-
nected from and out of the limits of any city or village) to acquire by
deed, devise, or otherwise, such land as it may require for burial purposes,
or in addition to such land as it may already hold, or is authorized to
hold, for such purposes; and to hold, use, and possess the same in like
manner and with the like rights, privileges and authority, and subject
to the like duties and liabilities as apply to the other land so held by
such city, village or cemetery incorporation.

$ 2. This act shall take effect immediately.
Ante, vol. 7, p. 777.

9 Edm. 615.

for burial purposes

ch. 466, Laws 1853,

CHAP. 08.
AN ACT further to amend chapter four hundred and sixty-

six of the laws of eighteen hundred and fifty-three, entitled
“An act to provide for the incorporation of fire insurance
companies.

PASSED April 29, 1875. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending

SECTION 1. Section nineteen of chapter four hundred and sixty-six

of the laws of eighteen hundred and fifty-three, entitled "An act 4 Edm. 226, to provide for the incorporation of fire insurance companies, and

amended by chapter four hundred and seventy-six of the laws of eighteen hundred and seventy,” is hereby further amended so as to read as follows:

$ 19. Any existing fire insurance company, and any company formed Company

under this law, may at any time, with the written consent of the Superincapital

tendent of the Insurance Department, increase the amount of its

capital stock, change its name, or avail itself of any powers conferred change name, etc. by the provisions of this act or any amendments thereto, after notice

given once a week for six weeks in the State paper, and in any newspaper published in the county where such company is located, of such intentions, with the written consent of three-fourths in amount of its stockholders, unless otherwise provided in its charter, or, if a mutual

7 Edm. 746.

may increase

stock,

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