Land, survey and map of

Where

filed.

Entry проп lands.

Title to lands, how acquired.

assess

ments to be appointed.

ascertain the probable amount of money necessary to. carry the same into effect; and for that purpose they shall have power to contract for and purchase, and take by deed or other instrument under seal, in the name of said village, all lands, tenements, hereditaments, rights or privileges whatever, and situate at any place within the county in which said village may be situated, which may be required for the purpose, and to contract for the execution of the work, or any part thereof, or the supply of any necessary material; and the commissioners, and their agents and employees, are authorized to enter upon any land or water for the purpose of making surveys, and to agree with the owner of the property, real or personal, which may be required for the purposes of this act, as to the amount of compensation to be paid such owner, subject to a revision by the court upon application by any three taxable inhabitants of the village.

§ 5. Before entering, taking or using any land for the purpose of this act, the said water commissioners shall cause a survey and map to be made of the lands intended to be taken or entered upon for any of said purposes, by and on which the land of each owner or occupant shall be designated, which map shall be signed by the president of said water commissioners and their secretary, and be filed in the office of the county clerk of the county in which the said lands are situated; said water commissioners, by any of their officers, agents or servants, may enter upon any lands for the purpose of making such survey or map.

§ 6. In all cases where the said water commissioners shall be unable to agree with the persons owning or having an interest in any lands, tenements or hereditaments required for the purposes of this act, the Supreme Court, at any special term thereof held in the judicial district in which said lands are situated, shall, on application of said water commissioners, after ten days' written notice personally served on such persons, or where such notice cannot be personally served within the State, or such persons are infants, or otherwise incapacitated from receiving personal notice, then by service in such manner as the said Commis court shall direct, appoint three disinterested citizens of the county in sioners of which the said lands are situated, who shall be freeholders, as commissioners of assessments, to determine the damage sustained by each of such persons by reason of the taking or use of his or her lands, tenements or hereditaments for the purpose of this act. Such commissioners of assessment shall take the oath required by the Constitution, and To exam shall personally examine each parcel of land or other property proposed ine lands, to be taken or used, and shall estimate and report to said court, at any term thereof held in the said judicial district, the several sums which will be a just compensation to such owners or persons interested, respectively, for the appropriation to the purposes of this act of any property, rights or privileges that may be so required, or for the title or use of any such property. Such commissioners of assessment may examine amine wit- witnesses upon hearings before them, and all evidence so taken shall accompany their report. Ten days' notice, in writing, of the time and place of the presentation of said report shall be given to the parties. interested. On the presentation of said report the said court may confirm New con- or amend the same, or appoint new commissioners, who shall proceed in like manner with the first commissioners, and whose report shall be final, and shall be confirmed by said court. Said commissioners of assessment shall receive, from the said water commissioners, the sum of sation of three dollars per day each for each day employed by them in performance of their duties as above stated, together with the amount which said commissioners of assessment shall certify as correct in their said

and report to the

court.

May ex

nesses.

Notice.

mission

ers, their report final.

Compen

commis

sioners.

report, for incidental expenses connected with their work, including the preparation of their report.

§ 7. Whenever any report of commissioners of assessment shall have Award, been confirmed by said Supreme Court, the said water commissioners payment may deposit, as said court may direct, or pay to said owner or to such person or persons as the court may direct, the sum mentioned in the said report in full compensation for the property so required; and thereupon the said village shall become seized in fee of the property so Title of required, and said commissioners and said village shall be discharged village, from all claim by reason of any such appropriation or use.

when perfected.

borrow

money.

issue.

§ 8. The said commissioners shall have power, and it shall be their Power to duty, to borrow, from time to time, upon the credit of the village, a sum not exceeding ten per cent. of the assessed value of the real and personal estate of the valuation of the village, as shall appear by the then last assessment roll, upon such term of credit not exceeding thirty years, and at rate of interest not exceeding seven per cent per annum, as shall seem to them for the best interests of said village; and to secure the payment of said loan said commissioners are authorized to Bonds, make, execute and deliver bonds, certificates or other obligations, which authority shall be signed by them, or any three of them, as said commissioners; which said bonds, certificates or other obligations shall be made payable in such respective amounts, and at such respective times, as such commissioners shall deem best, and said bonds and the interest thereon shall be a valid liability against said village, and the credit of said village is pledged for the payment of the same; and the said money so borrowed shall be appropriated by said commissioners to supplying said village with water, agreeable with the provisions of this act. But no Not to be such bonds, certificates or other obligations shall be disposed of by sold be. such commissioners at less than the par value thereof.

low par.

sioners.

§ 9. No bonds, certificates or other obligations of indebtedness shall Bonds of be issued by any board of commissioners authorized by this act until commissuch commissioners shall have filed, with the clerk of the county in which the village shall be situated, their joint and several bond, in the sum of twenty thousand dollars, with sureties, to be justified before and approved by the county judge of said county, or a justice of the Supreme Court, and conditioned for the faithful performance of the duties of such commissioners; and when the term of service of any such commissioner shall expire he shall hold his office as such commissioner until new bonds shall be given by the board of which his successor is to New be a member, which bond shall be in similar form to those first issued, bonds to for a like amount, and to be justified, approved and filed in a similar be given.

manner.

and mate

in writing.

§ 10. Said commissioners shall have power to make all necessary con- Contracts tracts for labor and materials in the construction of the work, and all for labor pertaining thereto, which said contract shall be in writing, signed by a rials to be majority of the commissioners, and of which there shall be three originals executed by the parties, which shall be numbered by the same number, one of which shall be given to the contractor, one to the village clerk, which shall be filed by said clerk with the records of said village, and one retained by the commissioners; and three weeks' public notice Sealed shall be given in one or more newspapers published in said village, or if proposals, no paper is published in said village then in one or more of the nearest receiving. newspapers published in the county, as the commissioners shall direct, of the times and places at which sealed proposals will be received for entering into contracts, and the commissioners shall have full discretion as to the acceptance or rejection of all sealed proposals; and in case any

notice of

materials and labor shall then remain uncontracted for, the like notice for sealed proposals and like proceedings may be had as above provided; and so, from time to time, as said commissioners may direct, for work or materials; and every person who shall enter into any contract for the supply of materials or the performance of any work shall give satisSecurity. factory security to such commissioners for the faithful performance of his contract according to its terms.

to be in

Commis. § 11. No commissioner shall be directly or indirectly interested in any sioner not contract relating to the work or materials therefor, nor in any work or terested in materials for the work, nor for any portion of the water-works, nor contracts. shall he receive any compensation for his services, nor for anything pertaining thereto.

Ground under street or

right to

use.

§ 12. The said commissioners, and all acting under their authority, shall have the right to use the ground or soil under any street, highway highway, or roads within the county within which said village is situated, for the purpose of introducing water into and through any and all portions of said village, on condition that they shall cause the surface of such street, highway or road to be relaid and restored to its usual state, and all damages done thereto to be repaired, and such right shall be continuous for the purpose of repairing and relaying water pipes, upon like conditions.

Rents,

to be es

§ 13. The said commissioners shall establish a scale of rents to be scale of charged and paid to the commissioners from time to time, either in tablished. advance or at such time and times, as the commissioners shall prescribe, for the supply of water, to be called "water rents," and appropriated to different classes of buildings in said village, in reference to their dimensions, values, exposure to fires, ordinary or extraordinary uses for dwellings, stores, shops, hotels, factories, livery stables, barns and all other buildings, establishments and trades, yards, number of families or occupants, or consumption of water as near as may be practicable, and from time to time, either modify, amend, increase or diminish such rents; and said commissioners and their respective employees shall be authorized at all times to enter into any building or place where water is used from supply pipes, to examine as to the water, quantity of water used and the manner of using it.

Right of

entry into

buildings, etc.

Connect

to be at

§14. The connecting or supplying pipes leading from buildings or ing pipes yards to the distribution pipes shall be inserted and kept in repair at the expense of expense of the owner or occupant of the building or yard, and shall not owners or be inserted or connected with the main pipe until a permit therefor

oeeu

pants.

Receipts

rents, ap

of.

shall be obtained from said commissioners, or other persons having charge thereof, and all such connecting or supply pipes shall be constructed and connected in the manner directed by said commissioners or persons in charge.

§ 15. The entire annual receipts for water rents after deducting therefor water from such sums as may be necessary to defray the expenses of repairs of plication said water-works, and of extending the same, and other necessary expenses, shall be applied toward the payment of the interest on the loan herein before authorized, and also toward the creation of a sinking fund for the payment of the principal of said loan, as it shall from time to Sinking time become due and payable, which sinking fund shall be managed by said commissioners. No investment shall be made in behalf of such sinking fund, except in the bonds of the United States, of the State of New York, or of any city of this State, and in the bonds, certificates or other obligations authorized to be issued by such village under this act, which last named bonds, certificates and obligations, the commissioners may purchase at any time when they shall have funds applicable, at

fand.

How in. vested.

prices not exceeding their par value, and when so purchased said bonds, certificates and obligations shall not be reissued but shall be immediately canceled.

payment

§ 16. In case the entire annual receipts for water rents, after deduct- Interest, ing as in the preceding section provided, shall, in any year, not be suffi- tax for cient to pay the interest for that year on said loans, or in case in any of year when any of the principal of the loan secured by said bonds falls. due, the amount of said receipts for water rents, after making said deduction, together with the sum in the said sinking fund, shall not be sufficient to pay said principal, and also the said interest falling due that year, it shall be the duty of the board of trustees of said village, and they are hereby directed to cause such deficiency to be assessed, levied and collected from the taxable property of said village at the same time and in the same manner as other expenses of said village are assessed, levied and collected, and the same shall be applied to the payment of such interest or principal, or both.

of ac.

commis

nually.

§ 17. The said commissioners shall annually, on the first day of May Detailed in each year, and at all such other times as required by the board of statement supervisors of the county in which said village is situated, deliver to counts, said board of supervisors a detailed statement of all their accounts, a sioners to general statement of all their work, and condition of their affairs and make anstate 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 Books, pa and papers of every kind and description kept by said commissioners, pers, etc., upon which are entries of their transactions as such, shall, at all times, to inspecbe subject to the inspection by said board of supervisors, and by every elector of said village.

to be open

tion.

against

§18. All judgments against said commissioners in their name of Judg office, and judgments against them, where the transaction upon which ments the action was brought shall have been in the performance of their commisduties as commissioners, shall not be enforced against the individual not to be property of either of the said commissioners.

sioners,

enforced

against

By-laws,

ake.

19. The said commissioners shall have power, from time to time, to them permake and establish such by-laws, rules and regulations, not inconsistent sonally.. with the laws of this State or of the United States, as they shall judge commisproper for the election of their officers, and as to the duties of these sioners 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.

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

meanor.

of elect

question

§ 21. At any time after the passage of this act, a meeting of the Meeting electors of any village may be called by its board of trustees, upon ors, notice notice published for two weeks in one or more weekly newspapers of, and published in said village, or if no newspaper be published in such vil- to be sublage, then in the nearest newspaper published in the county in which mitted. 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

Ballot,

form of.

Existing

tions for

water;

of, how

may

the pur poses of

this act.

sioners of appraisement, how a pointed.

act, unless the majority of voters and of the tax-payers whose names appear upon the last assessment roll of the village voting at such meetting 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 commissioners with a certified copy of such certificate.

66

§ 22. Whenever any corporation shall have been organized under the corpora laws of this State for the purpose of supplying the inhabitants of any supplying village with water, and it shall become or be deemed necessary by the rights and board of water commissioners herein authorized to be created, that the properties rights, privileges, grants and properties of such corporation shall be the same required for any of the purposes of this act, the commissioners herein taken for authorized to be created shall have the power, and it shall be 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 shall have the right to make application to the Supreme Court, at a special term thereof, held in the judicial district in which Commis- 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 Report of 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. Notice of Such notice shall be served at least ten days prior to the time when confirma said report shall be presented for confirmation. If objection be made Objection to the confirmation of said report, by said company, or by a water comto confir missioner, or if objection be made thereto by any three tax-payers of

Duties of.

tion.

mation.

Re-exam

and re-appraisement.

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, ination and said testimoney shall be taked within twenty days from the time when said order shall be made, unless such time shall 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

Compen

sation of

commissioners.

Awards to

corpora. tion, how paid.