1 ALBERT UnflNNUMMKT m Cornell vinivekjitt CORNELL UNIVERSITY LIBRARY 3 1924 087 271 353 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924087271353 BENDER'S VILLAGE LAWS OF THE STATE OF NEW YORK CONTAINING THE New Consolidated Village Law, General Municipal Law, Public Officers Law, General Construction Law, and Miscellaneous Provisions of the Transportation Corporations Law, Town Law, County Law, Public Health Law, Election Law, Education Law, Highway Law, Tax Law, Penal Law, etc., relating to Villages TOGETHER WITH ANNOTATIONS, FORMS AND INSTRUCTIONS By ROBERT GRATTAN of the New York Bar SECOND EDITION As Amended to Sept. 1, 1913 By MELVIN T. BENDER AND HAROLD J. HINMAN ALBANY, N. Y. MATTHEW BENDER & COMPANY, 1913 Copyright, 1910 By MATTHEW BENDER & COMPANY Copyright, 1913 By MATTHEW BENDER & COMPANY 4-C PREFACE TO SECOND EDITION. The many changes made to the Village Law and the various statutes applicable to villages and . municipalities in general, by amendment, addition and repeal, have necessitated a new edition of the Village Laws. The numerous decisions rendered since the publication of the last edition show that the amount of village litigation has been increasing rapidly. It has been the aim of the editors to bring this new edition strictly down to date, and to that end a careful revision has been made, the amendments and forms being carefully checked up and the many important decisions con- struing the various statutes added. September 1, 1913. PEEFACE The body of Village Law, herein contained, was enacted by the legislature in 1897. By this enactment all prior general laws, relating directly to villages, were repealed. A complete chapter was evolved in which the entire law on the subject was embodied. Since that date there have been many changes. Entire articles have been added and the several sections have been revised and amended in many important particulars. It is the purpose of this work to set forth the Village Law as it now exists and as it is now being applied by the courts throughout the state. The derivation of the several sections has in each case been indicated, showing a complete history of the statute from its original pas- sage. Following each section there have been included Reviser's, Consolidator's and Editor's notes where they are useful in point- ing out material changes in the law. A system of cross refer- ences, it is believed, will substantially aid in the construction of the several chapters and sections, as well as serve to point out provisions of the general law which affect municipalities. i Under each section has been grouped the decisions of the courts pertaining thereto, or in which such section has received judicial construction. Decisions under prior laws have been included, where pertinent, as well as decisions affecting municipalities in general. Part II contains provisions of the General Law applicable to municipal corporations in general and villages in particular. Part III contains a list of forms intended for the use of village officials and the legal profession. Ithaca, N. Y., August 10, 1910. 1 ROBERT GRATTAN. EEVISERS' NOTE. The following is a portion of the revisers' note to The Village Law of 1897: The Constitution of 1846 required the Legislature " to provide for the organization of cities and incorporated villages." Accord- ingly a general act for the incorporation of villages was passed in the following year (Laws 1847, chap. 426). The Constitution of 1846, however, did not require villages to be incorporated under general law, and the Legislature continued to pass special charters. The general Village Law was revised and re-enacted in 1870 (Laws 1870, chap. 291), and the act of 1847 was repealed except as to villages incorporated under it; but the constitutional pro- vision prohibiting the incorporation of villages by special law was not adopted until November 3, 1874, taking effect January 1, 1875. Since January 1, 1875, all villages have been incorporated pursuant to the general law. There are thus three classes of organized villages in this State : Eirst, those incorporated under special laws prior to the amend- ments of the Constitution, and which have not reincorporated un- der a general law; second, those incorporated under and subject to the general Village Law of 1847; and third, those incorporated under and subject to the general Village Law of 1870. During the last quarter of a century there has been a marked municipal development in this State, and we now have thirty- seven cities containing more than 65 per cent, of the population. But this development has not been confined to cities; villages have grown and multiplied, until we have about 400 of these smaller municipalities, with a population of more than half a. million. Many of the questions relating to municipal adminis- tration apply with equal significance to incorporated villages. Taxation, police and sanitary regulations, street railroads, the supply of water and light, street improvement, education and economical administration, are subjects in which villages as well as cities have an abiding interest, differing mainly in degree. Some villages are larger than some cities, and many present con- ditions demand attention and consideration equal in kind and For general note of consolidators (1909), see note to The Village Law, § 1. vi Revisebs' Note degree to those required by the smaller cities. The form of gov- ernment differs, but the ends to be attained are substantially the same, and the same principles of administration must be applied to both classes of municipalities. This situation has been recog- nized by the Legislature, and efforts have been made to provide- for the expansion of village government in many directions not contemplated by the original act of 1870. One result is that village legislation is fragmentary and sometimes incongruous. Many changes have been engrafted on the original law, and many important provisions appear in independent statutes, some of which affect all villages, and some only those incorporated under the general law. If a village law could be enacted broad enough to include all villages, superseding and repealing all special as well as general laws, it would do much to simplify the problems of village govern- ment. We have not; however, attempted to go so far. The Vil- lage Law which we propose is a revision of all the general village laws of the State. The general acts of 1847 and 1870, and all acts amendatory thereof or supplemental thereto are repealed. In ad- dition to the general laws repealed, the proposed law supersedes and repeals a large number of special laws relating to particular villages incorporated under and subject to a general law. Every village now subject to either the general law of 1847 or 1870 is made subject to its provisions as if incorporated thereunder. A special village is made subject to such of its provisions as do not conflict with its charter. A special village is authorized either to continue under its charter in connection with proposed general law, or to abandon its charter and adopt the provisions of the new law by reincorporation thereunder. It has been our endeavor throughout to make the provisions of the proposed law so elastic as to permit variations according to local customs and conditions so that by reincorporation all or nearly all villages of the State will eventually have one uniform system of government. The home rule features of the proposed law, we believe, will encourage this result. We have given to the officers and peoples of a village sub- ject to its provisions broad power in determining what rights and privileges the village shall exercise and enjoy, so that a village* with few wants and necessities, as well as one requiring a mora comprehensive and complete form of government, can operate. Revisebs' Note vii under it. But even if special villages do not reincorporate under its provisions, we think that the new law will tend to obviate the- necessity of a large amount of legislation relating to special vil- lages, for the reason that the provisions of the general law, when not in conflict with their special charters, are made applicable to "them. The proposed new law is based upon the general act of 1870, the acts amendatory thereof, and the other general and supplementary legislation relating to villages. In many respects the act of 1870, under which a majority of the villages of the State are now operat- ing, is unsatisfactory and incomplete. This has necessitated many changes of substance in the revision. Conflicting provisions have been reconciled, and obsolete, impracticable, and unconstitutional provisions have been omitted. Many new provisions are proposed to meet varying local conditions. A note is added to each section, which indicates the source of the section, the provisions of the old law for which it is substituted, or that a section is new. References are made to laws as printed in the ninth edition of the Revised Statutes, which contains the laws as amended to January 1, 1896. No reference is, therefore, made to amendatory laws, unless the same were passed since that date. The table fol- lowing the chapter indicates the disposition of each law specifi- cally repealed by the revision. TABLE OF CONTENTS THE VILLAGE LAW PART I ARTICLE I. Page Section 1. Short title 2. ARTICLE II. Incorporation. Section 2. Requisite population 4. 3. Proposition for incorporation and consent of property owners . . 5 4. Notice of hearing 7 5. Proceeding on hearing 7 6. Decision of supervisor g. 7. Notice of appeal from decision of supervisor 9 8. Hearing and decision of appeal 9 9. When election may be held 10 10. Notice of election 10 11. Conduct of election 11 12. Qualifications of electors 11 13. Ballot boxes where territory is in more than one town 12 14. Canvass of election 12. 15. Appeal from election 13 16. Notice of appeal and return 13 17. Hearing and decision of appeal 14 18. Appeal to appellate division 14- 19. Stay on appeal 15 20. New election 15- 21. When village deemed incorporated 15 22. Report of incorporation 16 23. Compensation for services under this article 17 24. Payment of expenses if village not incorporated 17 25. Payment of expenses of incorporation 17 26. First election of officers, when held 18 27. Appointment of village clerk; inspectors of election 19 28. Notice of election of officers 19 29. Officers to be elected; terms of office 19 30. Conduct of election 20 31. First meeting of board of trustees 20 x Contexts Page Section 32. Temporary loan for expenses 20 33. Incorporation where population is fifty or more and less than two hundred 21 ARTICLE III. Officers and Elections. Section 40. Classification of villages 22 40a. Change of classification 23 41. Qualification of voters 23 42. Eligibility to office 25 43. List of village officers; mode of choosing; official year; terms of office 25a 44. Number of trustees 27 45. Changing number of trustees 27 46. Election of trustees by wards 28 47. Election of police justice 29 48. Election of assessors 30 49. Election districts 31 50. Officers to be elected at annual election 32 51. Inspectors of election 32 51a. Registration of voters 34 52. Annual elections 35 53. Canvass of annual election 37 54. Failure to designate terms 38 55. Special elections of officers 38 56. Submission of propositions; special election 39 57. Votes upon propositions to be by ballot 41 58. Official undertakings 41 59. Notice to person chosen to a village office 42 60. Resignations and removals 43 61. Filling of vacancies 43 62. Refusal to officer to surrender his office 44 63. Separate boards of commissioners 44 64. Municipal boards, consolidation 45 65. Continuance of separate boards 46 66. Continuance of municipal board 46 67. Abolition of separate or municipal boards 47 68. Books and papers to be open to inspection 47 ARTICLE IV. Powers, Duties and Compensation of Officers. Section 80. President 48 81. Treasurer 49 82. Clerk 50 83. Franchises ; filing; duty of clerk 51 84. Street commissioner 52 85. Board of health 53 Contents XI Page Section 86. Compensation and duties of village officers not otherwise pre- scribed 53 87. Meetings of the board of trustees 54 88. Presiding officer and rules of proceedings 54 89. General powers of the board of trustees 55 90. Village ordinances 63 90a. Building and sanitary codes 73 91. Licensing occupations 73 92. Definition of village ordinances 76 93. Violation of ordinances 76 94. Approval by board of trustees of ordinances of separate board. 77 95. When ordinances take effect 78 ARTICLE V. Finances. Section 100. Fiscal year 79 101. Village funds 80 102. Annual financial statement 81 103. Poll tax 82 104. Annual assessment-roll 83 105. Meeting of assessors to hear complaints 84 106. Completion and verification of assessment-roll 85 107. Failure to hold meeting 87 108. Notice of completion of annual assessment-roll 87 109. Certiorari to review assessment 88 110. Annual tax levy 88 111. Special assessment and levy 90 112. Lien of tax 90 113. Lien of assessment for local improvement 90 114. Warrant of collector 91 115. Collection of taxes by collector 92 116. Return of collector; payment of taxes to treasurer 93 117. Collection of taxes by treasurer 94 118. Return and assessment-roll as evidence 94 119. When real property to be sold for unpaid taxes 95 120. Notice of sale 95 121. Certificate of sale 96 122. Purchaser entitled to possession 96 123. Enforcement of right to possession 96 124. Village may bid in property; rights of village 97 125. Redemption from sale by owner 98 126. Actions to recover unpaid taxes 98 127. Investment of sinking funds 99 128. Borrowing money generally 99 129. Bonds or other obligations 101 130. Limitation of indebtedness 102 131. Second election upon proposition to raise money 103 132. Exemption from taxation of firemen and fire companies 103 133. Absolute sales for non-payment of taxes 103 : iii Contents Pag©-* Section 134. Action to recover on tax certificate in certain villages.... ..104 135. Practice and pleading in such action; parties; determina- tion of rights of all parties; sale and disposition of pro- ceeds 104 136. Validity of tax certificate as evidence 104b 137. Nature of remedy; effect of judgment 104b 138. Duties of village treasurer; costs 104c- ARTICLE VI. Streets, Sidewalks and Public Grounds. Section 140. Definitions 105- 160. Streets on boundary lines 125 143. Care of bridges 112 143. When village may construct or repair bridges.. 113- 144. Dedication of streets 113 145. Petition for street improvement 114 145a. Street improvement in villages of second class 115 146. Notice of meeting of board to consider petition 115 147. Meeting and determination of board 116 148. Effect of determination 1J7 149. Application for commissioners ; notice of application 118 150. Appointment of commissioners 118 151. Notice of meeting of commissioners 118 152. Meeting and award of commissioners 119= 153. Appeal from award of commissioners 120 1 154. Return by clerk 120* ; 155. Hearing of the appeal 120 156. Compensation of commissioners 121 157. Costs on appeal 121 158. Payment for property acquired for street improvements.... 122 159. Changing grade of street or bridge 122 160. Streets on boundary lines 125 161. Crosswalks and sidewalks 126 162. Credit for flagging sidewalk 127' 163. Snow and ice on sidewalks 128 164. Cleaning streets 128 165. Sprinkling streets 129v 166. Pavements 129* 167. Trimming trees 131 168. Local assessments under this article 131 169. Acquisition of lands for parks and squares : . . . . 133: 170. Lighting and care of streets and roads in certain subdivisions. 133 171. Dedication of land for parkway 134- 172. Village may acquire street for parkway 135- 173. Village board may improve dedicated streets 135- 174. Franchise rights in streets not to be included 136, ARTICLE VII. The Police Department. Section 180. Jurisdiction of violations of ordinances 137" 181. Disposition of penalties; fees of justices I37- 182. Criminal jurisdiction of police justice 13g 183. Record of police justice 139. 184. Compensation of police justice 139. 185. Accounts, reports and payments of fees and fines' by salaried j police justice 140. Contents xiii Page Section 186. Civil jurisdiction of police justice ". . 141 187. Acting police justice 141 188. Village policemen 141 189. Powers and duties of policemen 142 190. Fees, salaries and expenses of policemen 142 ARTICLE VIII. The Fire Department. Section 200. General powers of the board of fire commissioners 144 201. Ordinances 145 202. Organization of companies 145 203. Incorporation of fire department 146 204. Election of company officers and delegates 146 205. Chief engineer and assistant engineers 147 206. Council of fire department 147 207. Meetings of fire department 148 208. Duties of chief engineer and assistants 148 209. General exemptions of firemen 149 210. Annual report of the fire commissioners 150 ARTICLE IX. Water. Section 220. Contracts for water supply 151 221. Election for water works 15:2 222. Acquisition of existing system 153 223. Establishment of water works 153 224. Supervision and extension of system 155 225. Acquisition of additional water rights 155 226. Water pipes in highways outside of village 156 227. Connections with mains 156 228. Ordinances 156 229. Establishment of water rents 157 230. Assessment for fire protection 157 231. Reservoirs 158 232. Supplying water outside of corporate limits 158 233. Outside extension of mains 158 234. Contracts with other municipalities 159 235. Annual report of water commissioners 159 ARTICLE X. Light. Section 240. Contracts for lighting 161 241. Election for lighting system 162 242. Acquisition of existing system 162 243. Establishment of lighting system 163 xiv Contents Page- Section 244. Supervision and extension of system 16 * 245. Ordinances 16 * 246. Establishment of light rents l 64a - 347. Annual report of light commissioners 164a. ARTICLE XI. Sewers. Section 260. Establishment of sewer system 165- 261. Construction of sewer at expense of village 169 262. Reimbursement for sewers constructed at private expense — 169> 263. Construction of sewer at joint expense of village and of prop- erty benefited 17ft 264. Constructed of sewers wholly at expense of property benefited. 17(> 265. Acquisition of property by condemnation 171 266. Contracts for construction of system 171 267. Supervising engineer; inspectors 171 268. Apportionment of local assessment 172; 269. Appeal from apportionment 173 270. Hearing of appeal 173 271. Reapportionment 173- 272. Erocedure by new commissioners 174 273. Fees of commissioners 174V 274. Expense of construction ; how raised 174 275. Tax for unpaid assessments 175 276. Contracts with other municipalities, sewer districts, etc .... 175 277. Annual report of sewer commissioners 176 278. Sewer connections 17ff ARTICLE XI-A. Board of Public Works. (Added by L. 1910, Ch. 626.) Section 278. Establishment of board of public works; appointments 17* 279. Organization of board; officers; meetings; general powers... 179 280. Further specific powers and duties of the board 180 281. Reports 181 • 282. Funds; how raised and applied 182 283. Application of other provisions 183 ARTICLE Xn. Cemeteries. Section 290. The acquisition of lands for cemeteries 184 291. Division into lots; conveyances of lots 185 292. Ordinances I85. 293. Interment of strangers 18£ 294. Record of interments 18g. 295. Property in trust Igg, ■Contents xv Page. Section 296. Annual report of cemetery commissioners 187 297. Powers of park commissioners 188 ARTICLE XIII. Reincorporation. Section 300. Reincorporation of special village under this chapter 189 301. Notice and conduct of election , 190 302. Certificate of election 190 303. Effect of reincorporation 190 304. Determination of number of trustees 191 305. Reincorporation of certain villages confirmed 191 ARTICLE XIV. Provisions Applicable to Certain Villages. Section 310. Application 193 311. President's term of office 193 312. Board of police commissioners 193 313. Consolidation of boards 194 314. Abolition of boards 194 315. Treasurer's additional duties 194 316. Salary of the president and trustees 195 317. Tax levy 195 318. Contract for lighting 195 319. Collection of taxes by treasurer 196 320. Borrowing money 196 321. Submission of propositions 197 ARTICLE XV. Miscellaneous Provisions. Section 330. Notice; how served 198 331. Notice; proof of posting 199 332. Officer not to be interested in contracts 199 333. Liability on unlawful contracts 200 334. Competency of inhabitants as justices or jurors; undertak- ings not required by village 201 335. Board may take testimony 201 336. Woman, may institute proceeding 201 337. Security by contractors i 201 338. Arrest of disorderly person 202 339. Action to recover penalties 203 340. Discontinuance of action 203 341. Actions against the pillage 203 342. County court always open 205 343. Location of hospitals and pest-houses 205 344. Destruction of garbage 206 345. Violation of ordinance a misdemeanor 20$. ^vi Contents Page Section 346. Expenses, how assessed and collected 206 347. Change of name 206 348. Extension of boundaries 207 348a. Extension of boundaries by annexation of territory belong- ing to village 208 349. Diminishing boundaries 208 350. Dissolution of villages 209 351. Expiration of terms of officers 210 352. Consolidation of villages 211 353. Filing certificates 211 354. Effect of consolidation 211 355. Number of trustees, wards, clerks 212 356. First election in consolidated village 213 357. Transfer of property to new village 214 358. Report of treasurers 214 359. Estabushment of disputed, unknown or uncertain bound- aries 214a ARTICLE XVI. Effect of Chapter. Section 380. Effect of chapter on special villages: 215 381. Effect of revision on general villages 215 ARTICLE XVII. Laws Repealed: When to Take Effect. Section 390. Laws repealed 216 391. When to take effect 216 PART II MISCELLANEOUS LAWS AFFECTING VILLAGBS X General Construction Law, an act to prescribe rules for construction of consolidated laws 237 ARTICLE i. Short Title. Section 1. Short title 238 ARTICLE 2. Meaning of Terms. ■Section 10. Acknowledge and acknowledgment 239 11. Acknowledgment or proof of instrument 239 12. Affidavit 239 13. Adjournment of meeting 239 14. Bond and undertaking 239 Contents xvii Page Section 15. Chattels 239 16. Choose 239 17. Civil code and criminal code 240 18. Consolidated laws 240 19. Day, calendar 240 20. Day, computation 240 21. Folio 240 22. Gender 240 23. Heretofore and hereafter 240 24. Holiday and half holiday 240 25. Holiday in contractual obligations 241 26. Judge 241 27. Last, preceding, next and following 241 28. Lunatic and lunacy 241 29. Men 241 30. Month, computation 241 31. Month in statute, contract and public or private instrument. 241 32. Municipal officers 241 33. Notice 241 34. Now 242 35. Number, singular and plural 242 36. Oath, affidavit and swear 242 37. Person 242 38. Property 242 39. Property, personal 242 40. Property, real 242 41. Quorum and majority 242 42. Register of county 243 43. Seal of court, public officer or corporation 243 44. Seal, private 243 45. Seal, private as corporate seal 243 46. Signature 243 47. State 243 48. Tense, present 243 49. Territory 244 50. Time, computation 244 51. Time, night 244 52. Time, standard 244 53. Time, use of standard 244 54. Village 244 55. Women 244 56. Writing and written 244 57. Year, common and leap 244 58. Year in statute, contract and public or private instrument . . 244 ARTICLE 3. Ancient Statutes and Resolutions. Section 70. Statutes of England and Great Britain inoperative in this state 245 xviii Contents Page- Section 71. Acts of the legislature of the colony of New York inoperative 245 72. Resolutions of the congress of the colony and the convention of New York inoperative 245- ARTICLE 4. References, Titles and Head Notes. Section 80. References to repealed provisions 245 81. Titles and head notes 245 ARTICLE 5. Effect of Repeals. Section 90. Effect of the repeal of a repealing statute 246: 91. Effect of the repeal of a statute upon amendments thereof.. 246- 92. Effect of the repeal of an amending statute 246 93. Effect of repealing statute upon existing rights 246 94. Effect of repealing statute upon pending actions and pro- ceedings 246 95. Effect of the repeal of a statute by another statute sub- stantially re-enacting the former 246 96. Effect of hyphen in schedule of repeals 246 ARTICLE 6. Effect of Consolidated Laws. Section 100. Effect of consolidation upon laws passed at same session or before consolidation takes effect 246 101. Effect of consolidated laws, on penal law and civil and crim- inal codes 247 ARTICLE 7. Application of Chapter. Section 110. Application of chapter 247" ARTICLE 8. Laws Repealed; When to Take Effect. Section 120. Laws repealed 247" 121. When to take effect 247 II. GENERAL MUNICIPAL LAW 249* ARTICLE i. Short Title; Definitions Section 1. Short title 249» 2. Definitions 24» Contents xix ARTICLE 2. General Municipal Finances. Page Section 3. Limitation of indebtedness 250 4. Investigation of expenditures of towns and villages 250 5. Temporary loans 231 6. Funded debt 251 7. Payment of municipal bonds 251 8. Funded and bonded debts 251 9. Issuance of municipal bonds 252 10. Registry of municipal bonds 252 11. Conversion of coupon into registered bonds 253 12. Defects not invalidating municipal bonds 253 I 13. Municipal taxes of railroads payable to county treasurer.... 253 14. Appointment of railroad commissioners 254 15. Oath and undertaking of commissioners 254 16. Abolition of office of railroad commissioners 254 17. Exchange or sale of railroad stock and bonds 255 18. Annual report of commissioners and payment of bonds 255 19. Accounts and loans by commissioners 256 20. Reissue of lost or destroyed bonds 256 ARTICLE 3. Report of Financial Condition. Section 30. Reports , 237 31. Form of reports 257 32. Comptroller to furnish blank forms 257 33. Accounts of fiscal officers to be examined 257 34. Chief accountant and examiners of accounts 258 35. Powers and duties of examiners 258 36. Uniform system of accounts 258 37. Comparison of statistics 258 38. Expenses of examination 259 ARTICLE 4. Negligence and Malfeasance of Public Officers; Taxpayers' Remedies. Section 50. Cause of action not barred 259> 51. Prosecution of officers for illegal acts 259 1 52. Holder of bond may bring action 261 53. Municipal corporation may bring action against its officers . . 261 54. Statute of limitation ; order of arrest 26T 55. Appeals ■■• • 261 ARTICLE 5. Powers, Limitations and Liabilities. Section 70. Payment of judgments against municipal corporation 263 71. Liability for damages by mobs and riots 263 xx Contents Page Section 72. Acquisition of lands for erection of monuments 263 72a. Acquisition and development of forest lands 263 73. Cities and villages may hold property in trust for certain purposes 263b 74. Condemnation of real property 264 75. Limitation on acquisition of water rights in Dutchess county . . 264 76. Limitation on acquisition of water rights in Westchester and Putnam counties 264 77. Leases of public buildings to Grand Army posts 264 78. Insurance of property 264 79. Free public libraries 265 80. Discrimination against non-residents 265 81. Peddling and hawking farm produce 265 82. Levy to pay a final judgment; to be in addition to amount authorized by law; money to be paid to judgment creditor. . 265 83. Limitation as to amount of money to be raised; special pro- vision in New York city 266 84. Refunding illegal assessments 266 85. Licenses to conduct transient retail business 266 86. Contractors not to assign contracts with municipality without its consent 267 87. Support and maintenance of charitable and other institutions 267 88. Separate specifications for certain contract work 268 ARTICLE 6. Public Health and Safety. Section 120. Contracts for purification of water and sewerage 268 121. Establishment and maintenance of free public baths 268 122. Refusal to take persons to hospitals prohibited 269 123. Erection and operation of life-saving apparatus 269 124. Supervision and charge of apparatus 269 125. Cost and expense of operation 269 126. Establishment of public general hospitals 269 127. Appointment and terms of office of managers 270 128. General powers and duties of managers 271 129. General powers and duties of superintendent 272 130. Admission and maintenance of patients 273 131. Training school for nurses 273 132. Room for detention and examination of persons who are sus- pected of being insane 273 133. Visitation and inspection 274 134. Existing town, city or village public general hospitals 274 135. Application of preceding sections 274 135a. Workshops in connection with tuberculosis hospitals 274 ARTICLE 7. Trust for Parks and Libraries in Villages and Towns. Section 140. Trusts for public parks and libraries 275 . 141. Trustees a corporation 275 142. Eligibility of trustees 275 Contents xxi Page Section 143. Management and appropriation of property , 275 144. Parks and libraries to be free 276 145. Subject to visitation of supreme court 276 146. Devises and bequests restricted 276 ARTICLE 8. Cemeteries. Section 160. Acquisition of lands for cemetery purposes 276 161. Title may be acquired by condemnation 277 162. Money may be borrowed for the purpose 277 163. Lot owners' rights 277 ARTICLE g. Regulation of Use of Bicycles and Similar Vehicles. Section 180. Ordinances to regulate use of bicycles and similar vehicles . . 278 181. Limitation of power to make ordinances 279 182. Security for appearance upon arrest 279 ARTICLE io. Firemen and Policemen. Section 200. Defining qualifications of exempt volunteer firemen 280 200a. Person serving in more than one company or department. . 280 201. Rights and privileges of exempt volunteer firemen 280 202. Certificate to be issued to exempt volunteer firemen 281 203. List of exempt volunteer firemen to be filed 281 204. Qualifications necessary to entitle to certain privileges 282 205. Payment to representative of deceased volunteer firemen . . . 282 206. Certificate to policemen and firemen; free transportation; use of telegraph lines and telephones 282 207. Penalty for improper use of certificates 283 ARTICLE n. Acquisition of Lands by the United States. Section 210. United States may acquire land in cities 283 211. Certified copy of transfer to be filed 283 212. Jurisdiction of state not affected 283 ARTICLE 12. Railroad Aid Bonds. Section 220. Apportionment on formation of new towns 284 221. Duty of railroad commissioners 284 222. Assessors to make separate lists 284 223. Duty of supervisor 284 xxii Contents Page Section 224. Application of the last four sections 285 225. Supervisor to execute a, bond 285 226. Transfer of duties of railroad commissioners to supervisors. 285 227. Such supervisors to give security 285 228. Railroad commissioners to deliver to supervisor property... 285 229. Penalty of bond to be fixed by town auditors 286 230. Compensation of supervisor 286 231. Presentation of claims to court of 'claims 286 232. Investment and application of award 287 233. Award or judgment 287 ARTICLE 12a. City and Village Planning Commissions. Section 234. Creation, appointment and qualifications 287 235. Officers, expenses and assistance 287a 238. General powers 287a 237. Maps and recommendations 287b 238. Private streets 287c 239. Rules 287d 239a. Construction of article 287d ARTICLE 13. Laws Repealed; When to Take Effect. Section 240. Laws repealed 287 241. When to take effect 287 III. PUBLIC OFFICERS' LAW 289 ARTICLE 1. Short Title; Definitions. Section 1. Short title 289 2. Definitions 289 ARTICLE 2. Appointment and Qualification of Public Officers. Section 3. Qualifications for holding office 290 4. Commencement of term of office 290 5. Holding over after expiration of term 290 6. Mode of choosing state officers if not otherwise provided. . . . 290 7. Appointment by the governor and senate 290 8. Commissions of officers 291 9. Deputies, their appointment, number and duties 291 10. Official oaths 292 11. Official undertakings 292 12. Force and effect of official undertaking 293 13. Notice of neglect to file oath or undertaking 293 14. Effect of consolidation on terms of office 293 15. Validation of official acts performed before filing official oath or undertaking 293 16. Qualifications of certain judicial officers in cities of the first class 294 ARTICLE 3. Creation and filling of vacancies. Section 30. Creation of vacancies 294 31. Resignations 295 Contents xxiii Page Section 32. Removals by senate 295 33. Removals by governor 296 34. Evidence in proceedings for removal by governor 296 35. Removals from office 297 36. Removal of town or village officer by court 297 37. Notice of existence of vacancy 297 38. Terms of officers chosen to fill vacancies 298 39. Filling vacancies in office of officer appointed by governor and senate 298 40. Vacancy occurring in office of legislative appointee, during legislative recess 298 41. Vacancies filled by legislature 298 42. Filling other vacancies 298 ARTICLE 4. Powers and Duties of Public Officers. Section 60. Official seals of court of appeals and state officers 299 61. Investigation by state officers 299 62. Business in public offices on public holidays 299 63. Leave of absence for veterans on Memorial day 300 64. Payment of expenses of public officers 300 65. Use of typewriters for recording public records 300 66. Persons having custody of papers in public offices to search files and make transcripts 300 67. Fees of public officers 300 68. Allowance of additional fees and expenses 301 69. Fee for administering certain official oaths prohibited 301 70. Accounting for fees 391 71. Vacations for employees of the state and the several civil sub- divisions thereof 301 ARTICLE 5. Delivery of Public Books. " Section 80. Delivery of books and papers 301 ARTICLE 6. Construction; Laws Repealed; When to Take Effect. Section 90. Application of chapter 302 91. Laws repealed 302 92. When to take effect 302 IV. TRANSPORTATION CORPORATION LAW — MISCELLANEOUS PROVISIONS 303 Section 46. Construction of pipe lines through villages and cities 303 xxiv Contents ARTICLE 7. Gas and Electric Light Corporations. Page Section 60. Incorporation 303 61. Powers 304 62. Gas and electric light must be supplied on application 305 G3. Deposit of mcney may be required 305 64. Buildings rca y be entered for the examination of meters, pipes, fittings, v.'ires and works 303- 65. Refusal or negiect to pay rent 306- 66. No rent for meters to be charged 306- ARTICLE 8. Water-Works Corporations. Section 80. Incorporation 307" 81. Must supply water; contracts with municipalities 307 82. Powers 308 83. Survey and map 30S 84. Condemnation of real property 30S> 85. Corporation may contract with other cities, towns or villages; amended certificate 309- ARTICLE 9. Telegraph and Telephone Corporations. Section 100. Incorporation 309 1 101. Extension of lines 310 102. Construction of lines 310' 103. Transmission of dispatcher 311 104. Consolidation of corporations 311 105. Special policemen 311 103. Application cf article 312 V. TOWN LAW— MISCELLANEOUS PROVISIONS 313 Section 85. Compensation of town officers 313 86. Compensation of town clerks in certain towns 314 87. Per diem allowances of town officers , . . 314 236. Acquisition of property by condemnation 314 341. Erection and control of town house 31-i ARTICLE 19. Fences. Section 360. Apportionment of division fence 314 361. When lands may lie open 3ig. 362. Division fence on change of title 315 jr. 363. Settlement of disputes 315 364. Powers of fence viewers 31g \ 365. Neglect to make or repair division fence 316 Contents xxv Page Section 366. Fence destroyed by accident 316, 367. Damages for insufficient fence 316 368. Damages for omitting to build fence 316 369. Use of barbed wire for division fence 317 ARTICLE 20. Strays. Section 380. Lien upon strays 317 381. Notice of lien to town clerk 318 382. Impounding strays 318 383. Notice of strays to owner 318 384. Charges for notice of strays 318 385. Fees of fence viewers as to strays 318 386. Foreclosure of lien upon strays 319 387. Notice of sale of strays by fence viewers 319 388. Proceeds of sale of strays 319 389. Notice to owner of strays of fence viewers' meeting 319 390. Duties of fence viewers as to strays 319 391. Foreclosure of lien upon strays by action 319^ 392. Duty of pound-master as to strays ; fees 320 393. Surplus money upon sale of strays 320 394. Damages from other personal property 320' VI. COUNTY LAW— MISCELLANEOUS PROVISIONS 321 Section 15. Legalization of informal acts 321 39. Effect of incorporation of village within limits of fire district 321 ARTICLE 7. Dogs. Section 110. Tax on dogs 322 111. Rate of taxation when not fixed by the board 322 112. Owner to deliver description 322 113. Tax, how collected 322. 114. Application of proceeds of tax and other moneys 323 115. Collector's fees 323 116. When payment of tax to be proved 323 117. Lability of owners of dogs for injuries 323 118. Duties and powers of fence viewers 323 119. Certificate to be evidence 324 120. Duties of town board 324 121. Tax to pay orders for sheep or angora goats killed 324 122. When owners shall refund 324 123. Dogs chasing sheep or angora goats to be killed 324 124. Owner to kill dog after notice 324 125. When justice may order dog killed 325 126. Who deemed owner of dog 325 127. Penalties, collection and application of 325 :xxvi Contents Page Section 128. Adoption by county of dog registration provisions 325 129. Payment of fees; issue of tags; definition of dog 326 130. Duties of assessors 327 131. Duty of town clerk 327 132. Penalties ; actions therefor 327 133. Seizure of dogs not tagged or registered 328 134. Value to be recovered : 328 135. Disposition of registration fees and penalties 328 136. Actions for injury or destruction of unregistered dogs 329 "VII. PUBLIC HEALTH LAW— MISCELLANEOUS PROVISIONS 330 ARTICLE 3. Local Boards of Health. Section 20. Local boards of health ._ 330 21. General powers and duties of local boards of health 332 22. Vital statistics 333 23. Burials and burial permits 334 24. Regulating interments in cemeteries 335 25. Infectious and contagious or communicable diseases 335 26. Nuisances 336 27. Owner to bear all or part of expenses of removal 336 28. Assessing cost on property benefited 337 29. Municipality may bear part of expense 337 30. Assessing expense upon property benefited 338 31. Removal of nuisances 338 32. Expense of abatement of nuisances a lien upon the premises. 339 33. Manufactures in tenement houses and dwellings 340 34. Jurisdiction of town and village boards 340 35. Expenses, how paid 341 ARTICLE 5. Potable Waters. "Section 70. Rules and regulations of department 342 71. Inspection of water supply 342 72. Rules and regulations for water supplies legalized 343 73. Sewerage 343 74. Discharge of sewage into Walkill creek prohibited 344 75. Discharge of sewage into the Susquehanna near Binghamton prohibited 344 76. Discharge of sewage and other refuse matter into certain waters prohibited 344 77. Permission to discharge sewage 345 78. Permission to discharge refuse or waste matter from indus- trial establishments 345 79. Plans for refuse discharge pipes must be submitted 346 80. Revocation of permit 34g 81. Reports of municipal authorities to local boards of health . . 346 'Contents xxvii Page Section 82. Reports of proprietors of industrial establishments 347 83. Record of permits; inspection of local boards of health 347 84. Violations ; service of notice ; actions by local boards 347 85. Penalties 348 86. Construction and limitations made by section seventy-six to eighty -five inclusive 348 87. Actions by municipalities to prevent discharge of sewage into waters 348 VIII. ELECTION LAW— MISCELLANEOUS PROVISIONS 350 Section 45. Direct nomination of candidates for certain public offices... 350 74. Primary districts, officers and polling places 350 122. Independent nominations 351 127. Places of filing certain certificates of nomination 351 128. Times of filing certificates of nomination 352 132. Posting town and village nominations 353 133. Declination of nomination 353 ' 136. Certificates of new nominations 354 158. Registration in cities and in villages of five thousand in- habitants 354 160. Registration for other than general elections ". . . . 355 161. Registration for town or village elections 356 181. Certifying number of registered electors 355 318. Apportionment of election expenses 356 341. Officers providing ballots and stationery 357 343. Distribution of ballots and stationery 358 357. Assistance to disabled or illiterate voters 359 393. Adoption of voting machine 359a 394. Experimental use of voting machine 359a 395. Providing machines 359a 396. Payment for machines 359b IX. EDUCATION LAW— MISCELLANEOUS PROVISIONS 3G0 Section 69. Colleges may construct water works and sewer systems 360 1117. Public and free libraries and museums 361 1118. Establishment 361 1119. Acceptance of conditional gift 361 1120. Subsidies 362 1121. Closing of museum; admission fee during certain hours... 362 1122. Taxes 362 1123. Trustees 362 1124. Incorporation 363 1125. Use of free public libraries 363 1126. Reports 363 1127. Injuries to property 363 1128. Detention 363 1129. Transfer of libraries 363 1130. Local neglect 364 xxviii Contents Page Section 1131. Loans of books from state 364. 1132. Advice and instruction from state library officers 364 1133. Apportionment of public library money 364 1134. Abolition 365 X. HIGHWAY LAW— MISCELLANEOUS PROVISIONS 36fr Section 1. Short title 366- 2. Definitions 366 3. Classification of highways 36ft 137. State and county highways in villages and cities of the sec- ond and third class 367. 138. Connecting highways in villages and cities of the second and third class 368 170. Commission to provide for maintenance and repair 368- 171. Appropriations by state; apportionment of moneys 368a 173. Cost to town for maintenance of state and county highways 368a 173. Disbursement of maintenance funds 368b- 174. Reports of county treasurer 368c- 176. Liability of state for damages 368c- 204. When officers of different towns disagree about highway 368 205. Difference about improvements 360 287. Speed permitted by motor vehicles 369- 288. Local ordinances as to use of public highways by motor vehicles 370- 291. Disposition of fines and penalties collected for violation of law by owners and drivers of motor vehicles 371 XI. TAX LAW— MISCELLANEOUS PROVISIONS 372 ARTICLE 1. Taxable Property and Place of Taxation. Section 1. Short title 372" 2. Definitions 372" 3. Property liable to taxation 373 4. Exemption from taxation 373. 5. Taxation of lands sold or leased by the state 377 6. No deduction allowed for indebtedness fraudulently contracted 377 7. When property of nonresidents is taxable 377 8. Place of taxation of property of residents 378 9. Place of taxation of real property 378 10. Taxation of real property divided by line of tax district 378 11. Place of taxation of property of corporations 379 12. Taxation of corporate stock 379 13. Stockholders of bank taxable on shares 379 14. Place of taxation of individual bank capital 379 15. Report of exempt property 380 21. Preparation of assessment-roll 380 37. Hearing complaints 381 290. Contents of petition for writ of certiorari 381 291. Allowance of writ of certiorari 382 292. Return to writ 382 295. Appeals '. 382 XII. PENAL LAW— MISCELLANEOUS PROVISIONS 38;, Section 510. Forfeiture of office and suspension of civil rights 383 511. Consequence of sentence to imprisonment for life 383- Contents xxix Page Section 776. Failure to file candidate's statement of expenses 383 781. Limitation of amounts to be expended by candidates 383 782. Penalty 384 1271. Hours of labor to be required 384 1275. Violations of provisions of labor law, industrial code, etc. . 385 1425. Malicious injury to and destruction of property , 385 1427. Removal of books and works of art from library, wilful injury to works of art, ornamental trees or other improve- ments 388 1428. Wilful or malicious injury to certain articles in libraries. galleries, museums or exhibitions 388 1530. Public nuisance defined 388 1610. Unlicensed peddlers 389 1622. Swearing falsely in any form, perjury 389 1740. Wilful violation of health laws 389 1741. Obstructing health officer in performance of duty 389 1820. Acting in public officp without having qualified 389 1821. Acts of officers de facto 389 1822. Givisg or offering bribes 389 1823. Asking or receiving bribes 390 1826. Taking unlawful fees 390 1830. Taking fees for services not rendered 390 1832. Corrupt bargain for appointment 390 1833. Selling right to official powers 391 1834. Appointment avoided by conviction 391 1835. Intrusion into public office 391 1836. Officer refusing to surrender to successor 391 1863. Auditing and paying fraudulent claims upon the state or a municipal corporation 391 1865. Misappropriation and falsification of accounts by public officers 391 1866. Violations of law by public officers 392 1868. Officials not to be interested in sales, leases or contracts .... 392 1872. Fraudulently presenting bills or claims to public officers for payment 392 3III. MISCELLANEOUS LAWS 393 1 Section 1. Civil Service Law. . 393 2. Conservation Law 396a 3. Decedent Estate Law 397 4. Drainage Law , 397 5. General Business Law 400 6. General Corporation Law 403 7. Insurance Law 404 8. Judiciary Law 406 9. Labor Law 408 10. Liquor Law 411 11. Membership Corporation Law 411 12. Military Law 413 13. Personal Property Law 413 14. Public Building Law 418 xxx Contents Page- Section 15. Public Service Commissions Law 419' 16. Railroad Law 431 17. Real Property Law 440- 18. Constitutional provisions 441 19. Code of Civil Procedure provisions 444 20. Code of Criminal Procedure provisions 456- PART III Porms 461-48&. See Index, under Form*. PART I. VILLAGE LAW OF THE STATE OF NEW YORK. Laws 1909, Chapter 64, with all amendments to close of Regular Legislative session of 1913.* AN ACT relating to villages, constituting chapter sixty-four of the consolidated laws. Became a law February 17, 1909, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate, and Assembly, do enact as follows: CHAPTER 64 OF THE CONSOLIDATED LAWS VILLAGE LAW lArticle 1./ Short title (§1). 2. Incorporation (§§ 2-33). 3. Officers and elections (§§ 40-68). 4. Powers, duties and compensation of officers (§§ 80-95). 5. Finances (§§ 100-133). 6. Streets, sidewalks and public grounds (§§ 140-174). 7. Police department (§§ 180-190). 8. Fire department (§§ 200-210). 9. Water (§§ 220-235). 10. Light (§§ 240-247). 11. Sewers (§§ 260-278). 11a. Board of Public Works (§§ 278-283). 12. Cemeteries (§§ 290-297). 13. Reincorporation (§§ 300-305). 14. Provisions applicable to certain villages (§§ 310-321)', 15. Miscellaneous provisions (§§ 330-358). 16. Effect of chapter (§§ 380, 381). 17. Laws repealed; when to take effect (§§ 390, 391). * No amendments affecting Village Laws are being considered by Legislature in extraordinary session at- time of going to press, July 26, 1913. 2 The Village Laws of New Yoke AETICLE I. Shoet Title. Section 1. Short title. § i. Short title. This chapter shall he known as the " Village Law." Derivation. Former Village Law (L. 1897, Ch. 414), see. 1. Consolidates' general note. The Village Law is the result of an exam- ination of all the general statutes relating to the incorporation, government and finances of villages, beginning with L. 1847, Ch. 151, entitled "An act in relation to fire-men in incorporated villages," the act in relation to ceme- teries in such villages (Ch. 209), and the general incorporation act of the year (L. 1847, Ch. 426), and including the legislation of the year 1907. History and effect of chapter. The Constitution of 1846 required the legis- lature "to provide for the organization of cities and incorporated villages." Accordingly a general act for the incorporation of villages was passed iii- the following year (L. 1847, Ch. 426). The Constitution of 1846, however, did not require villages to be incorporated under general law, and the legis- lature continued to pass special charters. The general Village Law was revised and re-enacted in 1870 (L. 1870, Ch. 291) and the act of 1847 was repealed except as to villages incorporated under it: but the constitutional provision prohibiting the incorporation of villages by special law was not adopted until Nov. 3, 1874, taking effect Jan. 1, 1875. Since Jan. 1, 1875,. all villages have been incorporated pursuant to the general law. There are thus three classes of organized villages in this state: First, those incorporated under special laws prior to the amendments of the Con- stitution, and which have not reincorporated under a general law; second, those incorporated under and subject to the general Village Law of 1847; and third, those incorporated under and subject to the general Village Law of 1870. The Village Law which we propose is a revision of all the general village laws of the state. The general acts of 1847 and 1870, and all acts amenda-- tory thereof or supplemental thereto are repealed. In addition to the gen- eral laws repealed, the proposed law supersedes and repeals a large number of special acts relating to particular villages incorporated under and subject to a general law. Every village now subject to either the general law of 1847 or 1870, is made subject to its provisions as if incorporated thereunder. A special village is made subject to such of its provisions as do not con- flict with its charter. A special village is authorized either to continue under its charter in connection with the proposed general law, or to abandon its charter and adopt the provisions of the new law by reincorporation thereunder. Rep. of Commrs. Stat. Rev. 1897, p. 85. The scheme of the Village Law is to provide a uniform law for the gov- ernment of Villages, and the election and appointment of their officers. People v. Scott, 31 Misc. 131 (1900). Object of Village Incorporation Act is to provide a simple method of incorporating villages, with an equally simple method of testing the legality of the proceedings and a prompt remedy for any mistake rendering; those*- The .Village Laws of New Yobk 3 proceedings invalid. People v. Snedeker, 160 N. Y. 350 (1899), aff'g 30 App. Div. 1. In Construing Village Charter all of its provisions must be considered and harmonized when possible. Port Gervis, etc. Co. v. Village of Port Gervis, 151 N. Y. Ill (1896). A municipal corporation is the creature of the statute, and the adjustment of its powers and duties and the relative right of the citizens and the municipality is the province of the legislature. Scott v. Village of Saratoga Springs, 115 N. Y. Supp. 796 (1909). 4 .The Village Laws of New Yoek AETICLE II. Incoepoeation. Section 2. Requisite population. 3. Proposition "for incorporation and consent of property owners. 4. Notice of hearing. 5. Proceeding on hearing. 6. Decision of supervisor. 7. Notice of appeal from decision of supervisor. 8. Hearing and decision of appeal. ' 9. When election may be held. 10. Notice of election. 11. Conduct of election. 12. Qualifications of electors. 13. Ballot boxes where territory is in more than one town. 14. Canvass of election. 15. Appeal from election. 16. Notice of appeal and return. 17. Hearing and decision of appeal. 18. Appeal to appellate division. 19. Stay on appeal. 20. New election. 21. When village deemed incorporated. 22. Report of incorporation. 23. Compensation for services under this article. 24. Payment of expenses if village not incorporated. 25. Payment of expenses of incorporation. 26. First election of officers, when held. 27. Appointment of village clerk; inspectors of election. i 28. Notice of election of officers. 29. Officers to be elected; terms of office. 30. Conduct of election. 31. First meeting of board of trustees. 32. Temporary loan for expenses. 33. Incorporation where population is fifty or more and less than two hundred. | 2. Requisite population. A territory not exceeding one square mile, or an entire town containing in either case a population not less than two hundred, and not including a part of a city or village, may be incorporated as a village under this chapter. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 2, as amended by L. 1899, Ch. 154. Amended by L. 1909, Ch. 555, in effect May 28, 1909. The amendment of 1899, Ch. 154 reduced the minimum population from 300 to 200. See Jewett's Election Manual. The Village Laws of New Yobk 5 Revisers' note (i8g7). Article I of this chapter is a substitute for title I of the general law of 1870, and furnishes a new method of procedure for the incorporation of villages. Reference to the source of each section is, therefore, impracticable. No change is made in the size and population of a territory which is authorized to incorporate. The provisions of section 1 of the act of 1870, however, authorizing the incorporation of a territory of less than one square mile, containing » park of forty acres, etc., are omitted. These provisions, though general in terms, are local in application, and have, doubtless, served the purpose for which they were originally en- acted. Under the present law, after the census and survey have been taken, an election to determine the question of t incorporation is authorized. An appeal may then be taken from the election, and upon the appeal all ques- tions involving the legality of the incorporation, including questions as to the territory, the requisite population, or the irregularity of the election, may be raised. Thus the election may result favorably to incorporation, and upon the appeal it may appear that the population is insufficient, or that the territory is too large. Under the proposed revision all questions as to the territory, the requisite population, or the qualifications of the persons proposing incorporation, are determined finally before an election is authorized to be held, and upon the appeal from the election only questions involving the regularity thereof can be raised. Minimum of population must exist. Proceedings, no matter how scrupu- lously conducted, cannot create a village out of a less than statutory number of inhabitants. Gardner v. Christian, 70 Hun, 550 (1893); 24 N. Y. Supp. 339; 53 N". Y. St. Repr. 732. Under the act of 1870 where the territory to be included exceeds one square mile in extent, the additional territory to be included must have at least three hundred persons residing therein. In Matter of Village of Elba, 30 Hun, 548 (1883). §.3. Proposition for incorporation and consent of property- owners. Twenty-five adult freeholders residing in such territory may institute a proceeding for the incorporation thereof as a village, by making and delivering to the supervisor of the town in which such territory is situated, or if situated in two or more towns, to the supervisors of each of such towns, a proposition in sub- stantially the following form : PKOPOSITION ' FOE THE Incorporation of the village of ■, The undersigned adult resident freeholders of the territory hereinafter described propose the incorporation thereof by the name of the village of 6 The Village Laws oe New Tobk Tke territory proposed to be incorporated does not exceed one square mile and is bounded and described as follows: (or, tke territory proposed to be incorporated is the entire town of .... )• Such territory contains a population of , as ap- pears from the enumeration hereto attached. Dated (Signatures and residences). The proposition shall be signed by the persons proposing such incorporation, with the addition of the town in which they re- spectively reside. There shall be attached to said proposition and delivered to said supervisor or supervisors concurrently there- with, a written consent to the proposed incorporation in substan- tially the following form: CONSENT TO THE Proposed incorporation of the village of r The undersigned, owners of one-third in value of the real prop- erty within the territory described in the proposition hereto at- tached, as assessed upon the last preceding town assessment roll, hereby consents to the incorporation thereof as in said proposition set forth. Dated Signatures. Residences. Assessments. The said consent shall be signed by owners of real property, situated within such territory constituting one-third in value thereof, as assessed upon the last preceding town assessment roll, with the addition of their places of residence and the assessment of their said real property, respectively. A list of the names of the inhabitant of such territory shall be attached to and accom- pany the proposition. At the time of the delivery of the proposi- tion the sum of fifty dollars shall be deposited with one of the supervisors for the purpose specified in this article. The Village Laws of New Yoee 51 Derivation. Former Village Law (L. 1897, Ch. 414), sec. 3, as amended by L. 1903, Ch. 139 and L. 1904, Ch. 35. Amended by L. 1909, Ch. 555, in effect May 28, 1909. Cross references. Deposit liable for certain fees and expenses where pro- ceedings for incorporation fail, see post, sec. 24. Petition may be served personally or by mail upon the Village Clerk. Kept, of Atty.-Gen. (1898), 92. Where call for election is not signed by proper number it is an irregular and objectionable call, and election based thereon is an irregular and objec- tionable election. Gardner v. Christian, 70 Hun, 547. Injunction will not lie to restrain proceedings on the ground of dispro- portionate benefits. Stevens v. Minnierly, 3 Hun, 566 (1875); see Willis v. Staples, 30 Hun, 644 (1883). | 4. Notice of hearing. Within ten days after the receipt of such proposition the super- visor or supervisors shall cause to be posted in five public places in such territory and also published at least twice in each news- paper published therein, a notice, that a proposition for the in- corporation of the village of (naming it) has been received by him or them, that at a place in such territory and on a day, not less than ten nor more than twenty days after the date of post- ing such notice, which place and date shall be specified therein, a hearing will be had upon such proposition; and that such proposition will be open for public inspection at a specified place in such territory until the date of such hearing. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 4. Cross references. For Notice of Hearing on Proposition for Incorporation, .see post, Form 1. Editor's note. The provision requiring notice to be published was inserted by the committee of the Assembly. It will be observed that throughout the law the publication of notices is required more frequently than heretofore. § 5. Proceeding on hearing. The supervisor or supervisors shall meet at the time and place specified in such notice, and shall hear any objections which may be presented against such incorporation upon either of the fol- lowing grounds. 1. That a person signing such proposition is not qualified there- for, or 2. That the person signing such consent are not the owners of one-third in value of the real property within such territory, as .assessed upon the last preceding town assessment roll, or 8 The Village Laws of New Yobk 3. That, if the territory is less than an entire town, it contains more than one square mile, or 4. That the population of the territory is less than two hundred. All objections must he in writing and signed by one or more resident taxpayers of a town in which some part of the proposed village is situated. Testimony may be taken on such hearing, which shall be reduced to writing and subscribed by the witnesses. The hearing may be adjourned, but must be concluded within ten days from the date fixed in the notice. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 5, as amended L. 1899, Ch. 154; L. 1903, Ch. 139 and L. 1904, Ch. 35. Amended by L. 1909, Ch. 555, in effect May 28, 1909. Editor's note. The objections to be raised at the hearing are such as sub- stantially affect the legality of incorporation, and having been once settled cannot be raised after an election upon the question of incorporation. This feature of the new law prevents a long legal conflict after the people have determined in favor of incorporation. § 6. Decision of supervisor. Within ten days after such hearing is concluded the supervisor or supervisors shall determine whether the proposition, consent and papers filed therewith comply with this chapter, and shall within such time make and sign a written decision accordingly, and file it or a duplicate thereof in the office of the town clerk of each town in which any part of such proposed village is situ- ated. The proposition for incorporation, consent and papers at- tached thereto, a copy of the notice, the objections, testimony and minutes of proceedings taken arid kept on the hearing; shall also be filed with such decision in one of such town clerk's offices. If the decision be adverse to the proposition, it shall contain a brief statement of the reasons upon which it is based. If no appeal be taken from such decision within ten days from the filing thereof, it shall be final and conclusive. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 6, as amended L. 1903, Ch. 139. Cross references. Form of Decision of Supervisor, see post, Form 2. Editor's note. If the decision of the supervisors is adverse and no appeal is duly taken, the only recourse is to commence a new proceeding. This may be done immediately, and may describe the same territory and be commenced by the same petitioners. The Village Laws of New York 9 No appeal lies from decision of County Court to the Appellate Division, from an adverse decision of the supervisors. Matter of Village of Cedar- hurst, 121 App. Div. 576 (1907), 106 N. Y. Supp. 275. § 7. Notice of appeal from decision of supervisor. If the decision sustains the proposition for incorporation, a resident taxpayer of a town in which any part of such proposed village is situated may appeal therefrom by serving a notice of appeal upon each town clerk with whom the decision was filed, and on at least three of the persons who signed the proposition. If the decision be adverse, five of the persons who signed the proposition may join in an appeal therefrom, by serving a notice of appeal upon each town clerk with whom the decision was filed, and on each person who signed objections to the proposition. All appeals shall be taken to the county court of the county in which the proposition, notice, objections and testimony are filed, and the notice of appeal must be served within ten days after the filing of the decision. The town clerk with whom the proposition and other papers are filed, must within five days after service upon him of the notice of appeal, transmit all such papers to the county judge. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 7. Cross references. Manner of serving notice, see post, section 330; notice of appeal from favorable decision, see post, Form 3. Proceedings are initiated before the Supervisor and not before the County- Court. Matter of Village of Cedarhurst, 121 App. Div. 576 (1907), 10& N. Y. Supp. 275. § 8. Hearing and decision of appeal. A person, except a town clerk, by or upon whom the notice of ap- peal is served, may bring on the appeal for argument before the county court, upon a notice of not less than ten nor more than twenty days. Such notice must be served upon all parties to the appeal, except a town clerk. The county court shall hear such appeal, and, within ten days after the date fixed in the notice of argument, shall make and file an order affirming or reversing the decision. The county judge shall file such order, together with the papers upon which the ap- peal was heard, with the town clerk by whom the papers were transmitted to him. Such order shall be final and conclusive- No costs of the appeal shall be allowed to any party. 10 The Village Laws of New Yoke: Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 8. Cross references. Manner of serving notice, see post, section 330; notice of argument of appeal, see post, Form 4; decision of court upon appeal, see post, Form 5. Order of County Court final and conclusive on appeal from decision of the . supervisor, and a further appeal to the Appellate Division is not authorized. Matter of Village of Cedarhurst, 121 App. Div. 576 (1907), 106 N. Y. Supp. 275. § 9. When election may be held. An election to determine the question of incorporation upon such proposition shall be held in either of the following oases : 1. Where a decision has been made sustaining the proposition, and an appeal has rot been taken therefrom. 2. Where an appeal has been taken from a decision sustaining the proposition, and such decision has been affirmed by the county -court. 3. Where an appeal has been taken from an adverse decision, and the decision has been reversed by the county court. Derivation. Former VillageLaws (L. 1897, Ch. 414), sec. 9. I 10. Notice of election. Within five days after the right to an election is complete the town clerk with whom the proposition and other papers are filed shall give notice of an election to be held in such territory at a specified time and place. The notice shall be signed by the town clerk and posted in ten conspicuous places in such territory, and also published at least twice in each newspaper published therein, and it shall fix a time for such election, not less than fifteen nor more than twenty-five days from the date of the posting thereof. Such election shall be held at a convenient place in such territory between the hours of one o'clock in the afternoon and eight o'clock in the evening, but shall not be held upon a dary of a town meeting or of a general election in a town in which any part of the pro- posed village is situated. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 10. OriErinaHv revised from L. 1870, Oh. 291, tit. 1, sec. 7 as amended bv L. IStlfi, Cli.~ .; ,1 Amended L. 1910, Ch. 416, in effect June 7, 1910. Cross references. Notice of Election, see post, Form 6. Notice signed by de facto clerk is valid where after his removal from the town he continues, with the consent of the other village officers, to perform the duties and draw the salary of his office. Matter of Collins, 75 App Div 87, 77 N. Y. Supp. 702 (1902). Sufficiency of Notice. See Matter of Village of Lynbrook (1911), 142 App Div. 487. The Village Laws of New Yobk 11 $ ii. Conduct of election. Such election shall be held at the time and place specified. The town clerk giving such notice shall serve a copy thereof upon the supervisor and town clerk of each town, in which any part of the proposed village is situated, at least ten days before the date fixed for such election. Two or more of such officers, including the town clerk giving sueh notice, shall constitute the board of inspectors to conduct such election. If only one of the officers attend at the time and place fixed for the election, he shall appoint an elector of such territory to act with him as an inspector of such election. If no officer attend, the electors present may choose two of their number to act as inspectors. The inspectors shall file the constitutional oath of office with the town clerk with whom the proposition was filed. Such inspectors of election shall pos- sess all the powers conferred by law upon a board of inspectors of election at a town meeting, so far as the same are applicable. The ballot at such election may be either written or printed, and shall contain either the words " for incorporation," or " against incorporation." Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 11. Originally revised from L. 1870, Ch. 291, tit. 1, sec. 8, as amended by L. 1892, Ch. 194, sec. 9, as amended L. 1896, Ch. 923, tit. 8, sec. 1. Cross references. Manner of serving notice, see post, section 330; electors acting as inspectors entitled to compensation, see post, section 23. Power of inspectors of election defined. Matter of Village of Webster, 102 App. Div. 202 (1905). Ballots and conduct of election need not conform to Election Law. Village Of Harrisville v. Lawrence, 66 Hun, 304; Matter of Taylor, 150 N. Y. 242, aff'g 3 App. Div. 248; 38 N. Y. Supp. 348 (1896); see post Election Law; see Jewett's Election Manual. § 12. Qualification of electors. Each elector qualified to vote at a town meeting, who has been a resident of such territory for at least thirty days next preceding such election, and who is the owner of property within such terri- tory which was assessed upon the last assessment-roll of the town, may vote at such election. A woman who possesses the qualifica- tions to vote at a town meeting, except the qualification of sex, and who has been a resident of such territory for at least thirty days next preceding such election, and who is the owner of prop- 12 The Village Laws of New Yokk erty, within such territory, which was assessed upon the last assessment-roll of the town, may vote at such election. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 12, as amended by L. 1906, Ch. 404; originally revised from L. 1870, Oh. 291, tit. 1, sec. 9, as amended by L. 1896, Ch. 923. Editor's note. The general Village Law provided that electors liable to be assessed for the ordinary and extraordinary expenditures of the village- Sihould be qualified. Under section 12 it is not necessary that the property should be assessed to the person claiming to be qualified. If at the time- of offering his vote he or his wife is the owner of property which was assessed to any one on the preceding roll, it is sufficient to qualify him in that respect. Women cannot vote upon an election to incorporate a village. Rept. of Atty.-Gen. (1902), 158. But see People v. Moir, 62 Misc. 35 (1908). Husband and wife owning property by entirety, assessed upon the last assessment roll, may vote at an election for the incorporation of a village- Rept. of Atty.-Gen., Meh. 3, 1911. Requirement that voter be taxpayer is not unconstitutional. Spitzer v. Village of Fulton, 172 N. Y. 289 (1902), aff'g 61 App. Div. 612. § 13. Ballot boxes where territory is in more than one town. If the proposed village is situated in more than one town, a separate ballot box shall be provided for each town, and the ballot of each person voting at such election shall be deposited in the ballot box assigned to the town in which he resides. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 13. Editor's note. Such manner of voting unnecessary in order to determine Whether a majority of the votes of each town are in favor of incorporation as required by section twenty-one. § 14. Canvass of election. Immediately after the closing of the polls of the election the board of inspectors shall canvass the ballots cast thereat, and make and sign a certificate of the holding of the election and of the can- vass, showing, if the territory is wholly within one town, the whole number of ballots, the number for incorporation, and the number against incorporation ; or if it includes parts of two or more towns, showing such facts separately as to each town. Within three days after the election, the inspectors shall file such certificate in the office of the town clerk with whom the proposition and other papers are filed. If the certificate shows that a majority of the votes cast at such election in each town included in the territory is against the proposition to incorporate, then no other election shall be held on such proposition within such town or towns within two- years from the date of such election at which such proposition, was voted down. Derivation. Former Village LawB (L. 1897, Ch. 414), sec. 14; originally- revised from L. 1870, Oh. 291, tit. 1, sec. 10, as amended L. >1892 Oh 194 tit. 8, sec. 2. Amended by L. 1911, Oh. 114. Cross references. Certificate of canvass, see post, Form 7. -\ The Village Laws of New Yoke 13 Statute further provides "If two or more ballots shall be found in the box so folded together as to present the appearance of a single ballot, they shall be destroyed, if the whole number of ballots in such ballot box exceeds the whole number of ballots shown by the poll books and ballot clerk's statement to have been deposited therein and not otherwise." (Election Law, sec. 110, subd. 1 as amended by Laws 1898, Ch. 335.) Matter of Village of Webster, 102 App. Div. 202 (1905). Where ballots exceed number shown by poll book inspector should draw out as many ballots as shall be equal to such excess and without unfolding, destroy the same. Matter of Village of Webster, 102 App. Div. 202 (1905); see Subd. 1, sec. 110, Election Laws 1896, Ch. 909, as amended by Laws 1898, Ch. 335; see Jewett's Manual,- sec. 367, page 194. § 15. Appeal from election. If the certificate shows that a majority of the votes cast at such election in each town included in the territory is in favor of in- corporation, a person qualified to vote at such election may appeal therefrom to the county court of the county in which the propo- sition and other papers are filed. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 15. Statutory method exclusive and validity of proceedings cannot be attacked collaterally. Gardner v. Christian, 70 Hun, 547 (1893), 24 N. Y, Supp. 339; Matter of Elba, 30 Hun, 550 (1883); Willis v. Staples, 30 Hun, 644 (1883). Certiorari not proper remedy to review proceedings for incorporation. People v. Village of Nelliston, 18 Hun, 175 (1875). This section does not authorize an appeal to the County Court from a certificate showing the result of an election for the incorporation of a village under Article 12. Matter of Village of Sag Harbor, 32 Misc. 624 (1900). § 16. Notice of appeal and return. An appeal may be taken by serving a notice of appeal on the town clerk with whom the certificate of incorporation is filed, and by posting the same in five conspicuous places in such terri- tory. The notice shall be signed by the appellant and must state briefly the grounds upon which the appeal is taken. It must be served and posted within ten days after the filing of the certificate of election. The town clerk on whom the notice of appeal is served, must, within five days thereafter, transmit to the county judge a certified copy of such notice of appeal and of the certificate of election. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 16. Cross references. Manner of serving notice, see post, section 330; notice of appeal from election, see post, Form 8; notice of argument, see post, Form 4. 14: The Village Laws of New Yoke Statutory requirement that appeal shall be taken within ten days after the filing of certificate of election is not unreasonable. Gardner v. Christian,. 70 Hun, 547 (1893). § 17. Hearing and decision of appeal. Upon such appeal the county court can only consider questions relating to the validity or regularity of the election. An appeal may be brought on for hearing by the service of a notice of argu- ment by the appellant upon the town clerk, and by posting the same in five conspicuous places in such territory. The notice shall state the time of the hearing, which must be not less than ten days after the service and posting thereof. On such hearing,. any number of qualified electors of the territory, not exceeding five, may appear in support of the validity or regularity of sucli- election. The county court may take testimony, either orally or by affidavit, as it may determine. Such appeal must be heard, and decided and the decision filed within thirty days after ser- vice of the notice of appeal; and the county court has no juris- diction to consider the same after the expiration of that period. The county court may sustain or set aside the election. The de- cision must be filed by the county judge in the office of the town clerk on whom the notice of appeal was served. He shall also file a copy of the decision with the county clerk, together with the papers transmitted to him by the town clerk. No costs shall be allowed to any party on such appeal. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 17. Cross references. Notice of argument of appeal, see post, Form 4; decision: of court 011 appeal, see post, Form 5. § 18. Appeal to appellate division. If the county court sustains the election, an appeal may be taken from such decision to the appellate division of the supreme court. Such appeal brings up for review all proceedings in the county court, and a case on appeal must be made and settled by the county judge as on an appeal from a judgment of the county court. Such appeal shall be taken within ten days after the film* of the decision, by the service of a notice of appeal upon the county clerk with whom a copy of the decision is filed, and upon each person who appeared in support of the election in the county court. The Village Laws of New Yoke 15- The proceedings for bringing on the appeal and the hearing and decision thereof by the appellate division are regulated by the code of civil procedure. The appellate division may affirm the decision of the county court or reverse the same and set aside the election. Within ten days after the determination of the appeal by the appellate division, a certified copy of its decision or order must be filed in the office of the town clerk with whom the proposition is filed. No costs shall be allowed to any party on appeal to the appellate division. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 18. § ig. Stay on appeal. An appeal to the county court or to the appellate division stays all proceedings for the election of officers or otherwise in such proposed village until the determination of such appeal. Derivation'. Former Village Laws (L. 1897, Ch. 414), sec. 19. § 20. New election. If the election be set aside on appeal, a new election shall be held. The right to such an election shall be complete upon the filing of the decision on appeal with the town clerk. He shall thereupon give notice of another election. All the provisions herein contained regulating the first election apply to proceed- ings for a new election, including the service and posting of notices, the conduct of the election, the canvass and certification of the result, and appeals therefrom. A new election shall be held in like manner if any election is set aside on appeal. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 20. Second election can be held upon order of county judge and notice signed by inspectors of the previous election, without notice signed by twenty elec- tors, as required for the first election. People v. Snedeker, 160 N. Y. 350 (1899), aff'g 30 App. Div. 1. § 21. When village deemed incorporated. If the territory is wholly within one town, and a majority of the votes cast is in favor of incorporation, or if it includes parts of two or more towns and a majority of the votes cast in each 1G The Village Laws of !New Yoek town is in favor of incorporation, then such territory shall be- come and be an incorporated village under this chapter from and after the date of such election, and upon receipt by the supervisor of the town or towns in which the territory constitut- ing the village is situated, of the certificate of the secretary of state under the seal of his office certifying that he has received and has placed on file in his office an outline map and description of the corporate limits of such village, certified as being true and correct by the supervisor of the town or towns in which the terri- tory constituting such village is situated, together with the date of filing the same in his office. The certificate of the secretary of state herein required shall become a record of the village clerk's office, and the date of the filing of the map and descrip- tion by the secretary of state shall complete the incorporation and be deemed the date of incorporation of such village, unless the election is set aside on appeal as herein provided. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 21, as amended by L. 1907, Ch. 607. In effect August 7, 1907. Cross references. The term " Village " means incorporated village. See post, General Construction Law, see. 54. Admission in pleading will establish incorporation of village. Fox v. Village of Fort Edward, 48 Hun, 365 (1888). Recitals in legislative act of incorporation are evidence of incorporation against the village in whose favor the act was passed. Fox v. Village of Fort Edward, 48 Hun, 363 (1888). § 22. Report of incorporation. After ten and within fifteen days from the filing of the certifi- cate of election, if no appeal has been taken, or within fifteen days after the filing of a final decision sustaining the election, the town clerk with whom such certificate is filed shall deliver a certified copy thereof to the secretary of state and to the county clerk of each county in which any part of such village is situated, together with a statement of the population of such village as it appears by the proposition for incorporation. Derivation: Former Village Laws (L. 1897, Ch. 414), sec. 22. Cross references. Certificate of canvass, see post, Form 7. Statement of population required to be filed as provided in the above section is evidence of the population of the village for the purpose of deter- mining the amount to be paid for a liquor tax certificate. People ex reL Briggs v. Lyman, 48 App. Div. 484 (1900) ; afl'd 163 N. Y. 602. The Village Laws of New Yoke: 17 § 23. Compensation for services under this article. The following compensation is payable for services under this article : 1. To supervisors for services in connection with the proposi- tion for incorporation, two dollars for each day actually and necessarily spent by them. 2. To town clerks, the compensation allowed by law for other similar services, and for services the compensation for which is not fixed by law, two dollars for each day actually and neces- sarily spent by them. 3. To electors acting as inspectors of election, two dollars for «ach day actually and necessarily spent in such service. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 23. § 24. Payment of expenses if village not incorporated. If the incorporation of the proposed village be not effected by the proceedings authorized in this article, the fees and expenses of the town officers or other persons performing official services shall be paid from the fund deposited with the supervisor. If the persons making such deposit and the officers and persons en- titled to compensation for services in such proceedings do not agree upon the amounts payable therefor, such fees and expenses shall be taxed by the county judge of the county in which the proposition was filed,; and the amounts taxed by him shall be paid to the persons entitled thereto. The remainder of the sum deposited, if any, or if the proceed- ings result in the incorporation of the village, the whole of such deposit, shall be returned to the persons making it by the super- visor on demand. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 24. § 25. Payment of expenses of incorporation. The following expenses incurred in the proceedings for in- corporation shall be a charge against the village : 1. The reasonable necessary expenses incurred by the persons signing the proposition prior to the delivery thereof to the super- visor. 2. If on appeal from the decision of the supervisor the propo- sition for incorporation be sustained, the reasonable necessary 18 The Village Laws of New York expenses on such appeal, not exceeding fifty dollars, incurred by the persons signing the proposition. 3. The fees payable to town officers and to electors acting as inspectors of election for services performed by them under this article and their necessary disbursements. 4. If on appeal from the certificate of election, showing that a majority of the votes cast at an election held under this article is in favor of incorporation, the election is finally sustained, the reasonable necessary expenses on such appeal, in both the county court and the appellate division, incurred by those appearing in support of the validity or regularity of such election. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 25, as amended by L. 1905, Ch. 404. Cross references. Upon appeal involving only regularity of election, no costs or expenses allowed either party. See Ante sections 17 and 18. § 26. First election of officers, when held. An election of officers of the village shall be held in either of the following cases: 1. After the lapse of ten days from the filing of the certificate of election showing the incorporation, unless an appeal has been taken therefrom. 2. If such an appeal has been taken, after the lapse of ten days from the filing of the decision of the county court sustaining the election, unless an appeal has been taken therefrom. 3. If an appeal has been taken from the decision of the county court, after the filing of the decision of the appellate division of the supreme court sustaining the election. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 26. Consolidator's note (1909). Relates to the first election of village officers after incorporation. The first two subdivisions provide that it shall be held " after the lapse of ten days " from the filing of the certificate of election showing the incorporation or from the filing of the decision of the County Court. Such lapse of time would seem to be necessary from the provisions of sees. 27, 28, but they were omitted from subd. 3, apparently from oversight. As the subdivision now stands, the election could be held immediately after the decision of the appellate division, and yet sec. 28 requires at least ten days' notice, and the clerk is by sec. 27 allowed five days to give such notice. It is therefore, recommended that the words " the lapse of ten days from" be inserted in the second line of subd. 3, of this- flection. The Village Laws of New Yoek 19 § 27. Appointment of village clerk; inspectors of election. Within five days after the right of an election of officers is complete, the town clerk with whom the proposition for incorpo- ration was filed, shall appoint the following officers : 1. A village clerk, who shall serve until his successor is chosen. 2. Three qualified electors of the village to serve as inspectors of such election, not more than two of whom shall be members of the same political party. The town clerk shall file such appointments in his office and deliver a copy thereof to each of the persons so appointed, who, within three days after their appointment, shall file with such town clerk the constitutional oath of office. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 27. Cross references. Appointment of officers, see post, Form 9. § 28. Notice of election of officers. Within five days after his appointment, the village clerk shall give notice for an election of officers. Such notice shall be posted in ten conspicuous places in the village and published in a news- paper therein, if any. It shall also contain the following par- ticulars : 1. The place in such village where the election is to be held. 2. Tie date of such election, which shall not be less than ten nor more than fifteen days after the posting of such notice. 3. The hours for holding such election, which shall be for the space of at least four consecutive hours between ten o'clock in the forenoon and four o'clock in the afternoon. 4. The officers to be elected. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 28. Cross references. Officers to be elected, see post, section 29; notice of election, see post, Form 10. § 29. Officers to be elected; terms of office. The following officers shall be chosen at such first election: A president, two trustees, a treasurer and a collector. If such election be held after the date of an annual election under this chapter, and before the first day of October, the terms of all such officers shall expire at the end of the current official year. If such election be held after the thirtieth day of Septem- ber, and on or before the date fixed for the next annual election, 20 The Village Laws of New Yoek the president, one trustee, the treasurer and the collector shall hold their offices until the end of the next official year, and one trustee shall hold his office during the next two official years. The terms of office of officers elected under this section com- mence as soon as they have qualified. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 29. Cross references. Official year defined, see post, section 43; number of trustees allowed, see post, section 44; special election to fix number, see post, section 45. Editor's note. If village entitled to more than two trustees under sec- tion 44, a special election may be held at any time before the date of the annual election for fixing the number, see sec. 45. The official year, as defined by section 43, begins at noon on the Monday following the third Tuesday in March and ends at noon on the Monday following the third Tuesday in March next succeeding. § 30. Conduct of election. All persons qualified to vote at town meetings, and who have heen residents of the territory thirty days prior to such election may vote for such officers. The inspectors appointed by the town clerk or any two of them shall conduct such election. The pro- visions of this chapter relating to the election of village officers at an annual election, including the canvass and certification of the result, apply to such first election, so far as practicable. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 30. Cross references. Qualification of voters at town meetings, see Const. Article 2, sec. 1; conduct of election, canvass and certificate of result, see post, sections 55 and 56; resolution designating place and time of annual election, see post, Form 16; notice of election, see post, Form 17; certificate of canvass, see post, Form 18; resolution proposing to submit propositions, see post, Form 20. § 31. First meeting of board of trustees. Within five days after such first election, the president and trustees elected thereat shall meet and appoint a clerk and a street commissioner. They may also appoint such other officers as are authorized by law. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 31. § 32. Temporary loan for expenses. The board of trustees first elected may borrow not exceeding five hundred dollars upon the credit of the village for the purpose The Village Laws of New York 21' of raising funds to defray the expenses of incorporation, and such other necessary expenses as may be incurred before the collection of the first annual tax, and the amount so borrowed shall be included in the first tax levy. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 32. § 33. Incorporation where population is fifty or more and less than two hundred. A territory not exceeding one square mile situated entirely within a town, containing a population of fifty or more and less than two hundred, and not including a part of a city or village, may be incorporated as a village under this chapter upon comply- ing with the provisions thereof, so far as the same are not incon- sistent with this section, if the proposition instituting the proceed- ing for the incorporation thereof be signed by ten adult freeholders residing in such territory, and if the consent to the proposition for incorporation be signed by owners of real property situated within such territory and constituting three-fourths in value thereof as assessed upon the last preceding assessment-roll, and if three- fourths of the votes cast at the election to determine the question of incorporation be in favor of incorporation. All proceedings, heretofore taken for the incorporation of a village wherein the provisions of this section, as hereby amended, have been complied with, are hereby legalized, confirmed and made effectual and valid. Derivation. Added by L. 1910, Ch. 258. Amended by L. 1913, Ch. 658. In effect May 23, 1913. 22 The Village Law8 oe New York AETICLE III. Ofeicees and Elections. Section 40. Classification of villages. 40a. Change of classification. 41. Qualification of voters. 42. Eligibility to office. 43. List of village officers; official year; mode of choosing; terms of office. 44. Number of trustees. 45. Changing number of trustees. 46. Election of trustees by wards. 47. Election of police justice. 48. Election of assessors. 49. Election districts. 50. Officers to be elected at annual election. 51. Inspectors of election. 51a. Registration of voters. 52. Annual elections. 53. Canvass of annual election. 54. Failure to designate terms. 55. Special elections of officers. 56. Submission of propositions; special elections. 57. Votes upon propositions to be by ballot. 58. Official undertakings. 59. Notice to person chosen to a village office. 60. Eesignations and removals. 61. Filling of vacancies. 62. Refusal of officer to surrender his office. 63. Separate boards of commissioners. 64. Municipal boards, consolidation. 65. Continuance of separate boards. 66. Continuance of municipal board. 67. Abolition of separate or municipal boards. 68. Books and papers to be open to inspection. § 40. Classification of villages. Villages are divided into classes according to their population as shown by the latest enumeration, village, state or federal, as follows : First class. — Villages containing a population of five thousand or more. Second class. — Villages containing a population of three thou- sand and less than five thousand. Third class. — Villages containing a population of one thousand and less than three thousand. See Jewett's Election Manual. The Village Laws of New Yokk 23 Fourth class. — -Villages containing a population of less than one thousand. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 40, as amended L. 1906, Ch. 602. Editor's note. Population of village may be ascertained by inquiry at the office of the Secretary of State. So far as such enumerations were reported to the Secretary of State, they are published in the legislative manual. § 40-a. Change of classification. Whenever any village has a population as shown by the latest •enumeration, village, state or federal, in excess of the population required to be a village of a certain class, and sufficient to en- title it to be a village of a higher class, the board of trustees of such village, by resolution duly adopted at a regular meeting or a special meeting of said board of trustees called for the purpose, shall cause a copy of such enumeration and resolution to be filed in the office of the secretary of state, and upon such filing and thereafter such village shall be a village of the class denoted by its population, and entitled to all privileges governing villages of such class. Derivation. Added by L. 1910, Ch. 321, in effect May 18, 1910. § 41. Qualification of voters. A voter at a village election, other than the first, must possess the following qualifications: 1. To entitle him to vote for an officer, he must be qualified to vote at a town meeting of the town in which he resides, and must have resided in the village thirty days next preceding such election. 2. To entitle him to vote upon a proposition, he must be entitled to vote for an officer, and he must also be the owner of property in the village assessed upon the last preceding assessment-roll thereof. A woman who possesses the qualifications to vote for village officers, except the qualification of sex, who is the owner of property in the village assessed upon the last preceding assess- ment-roll thereof, is entitled to vote upon a proposition to raise money by tax or assessment, or for the dissolution of the village or for the borrowing of money upon the bonds or other obligations of the village, payable in future fiscal years for the purpose of. 24 The Village Laws of Xew Yoek. purchasing, constructing and maintaining the village improve- ments specified in section one hundred and twenty-eight. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 41, as amended by L. 1901, Oh. 509, and L. 1906, Oh. 404; originally revised from L. 1870, Gh. 291, tit. 2, sec. 13, as amended by L. 1895, Oh. 146. Amended by L. 1910, Ch. 135, in effect April 21, 1910. Editor's note. Ownership of property at the time of its assessment is not necessary under this section. In rare instances this may lead to abuse, but on the whole seems a wiser provision than to require actual assessment to the individual. Cross references. Qualifications of voters, see Const. Art. 2, sec. 1; Jewett'g. Manual. Property need not have been assessed to the elector or his wife on the last. assessment roll. Rept. of Atty.-Gen. (1903), 299. Both husband and wife may vote upon a proposition, where she is the owner of property assessed on the last preceding assessment roll. Rept. of Atty.- Gen. (1904), 354. Failure to place name on the roll will not deprive a taxpayer of his right to vote. Rept. of Atty.-Gen. (1897), 245. Property qualification is constitutional. Spitzer v. Village of Fulton, 172 N. Y. 285, aff'g 61 App. Div. 612; 69 N. Y. Supp. 1146 (1901), 33 Misc. 257; 68 N. Y. Supp. 660 (1900). Women may vote upon a proposition to raise money by tax or assessment or for the dissolution of the village. See People v. Moir, 62 Misc. 35 (1908). Bond issue not invalid because women taxpayers were not allowed to vote- on the question of their issuance. Ward v. Kroff, 120 N. Y. Supp. 476 (1910). A married woman may vote on proposition for extension of water system where she owns property assessed on last preceding assessment roll, but her husband cannot vote unless he has the property qualification. Rept. of Atty.- Gen., Moh. 6, 1911. See also Village of Waverly v. Waverly Water Works Co. (1910), 69 Misc. 373, 378. Ownership of real estate which was assessed upon the last preceding roll is sufficient. It is not necessary that the property should have been owned by the party offering, his vote at the time it was assessed. Rept. of Atty.-Gen., Mch 8, 1911. Neither a veteran nor his wife is entitled to vote upon a proposition where property owned by them is marked "exempt" upon the assessment rolL Rept. of Atty.-Gen., Mch. 9, 1911. The Village Laws of New Yoek 25 Ownership of real property is not necessary. The statute includes property of any kind that is assessed. Kept, of Atty.-Gen., July, 1913. Equitable ownership of realty satisfies requirement of this section. Report of Atty.-Gen., 1912, vol. 2, p. 328. § 42. Eligibility to office. A president, or trustee, or a fire, water, light, sewer, cemetery or police commissioner must, at the time of his election, be the owner of property assessed to him on the last preceding assessment roll, and must also be the owner during the term of his office of property assessed to him on the assessment roll of said village;, except that a president or trutee elected at the first village election must be the owner of property assessed upon the last preceding town assessment roll. Any resident elector is eligible to any other village office. A resident woman, who is a citizen of the United States, and of the age of twenty-one years, is eligible to the office of village clerk or deputy clerk. A person shall not hold two vil- lage offices at the same time, except the offices of collector and police constable or water and light commissioner ; and except that village trustees may also be water commissioners. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 42, as amended L. 1906, Oh. 452; originally revised from L. 1870, Oh. 291, tit. 2, sec. 8, as amended by L. 1893, Oh. 618, sec. 9, tit. 8, sec. 21; L. 1871, Ch. 696, sec. 1; L. 1875, Ch. 181, sec. 2, as amended by L. 1891, Ch. 74. The exceptions in the last sentence are new. Amended by L. 1913, Oh. 53. Ih effect Mar. 6, 1913. Cross references. Qualifications for office generally, see Public Officers Law, section 3; resident woman may be deputy clerk, see post, section 43. Editor's note. Tthe property qualification provided hereby of course enables a candidate for office to become the owner of assessed property for the mere purpose of establishing his eligibility, but the provision requiring that such ownership shall continue " during his term " would seem to protect against serious abuse of the privilege. 25a The Village Laws of New Yoek While legislature cannot exclude any certain class of citizens from the right to hold office it may prescribe certain tests to secure properly qualified can- didates. Scott v. Village of Saratoga Springs, 115 N. Y. Supp. 796 (1909). Village collector may also act as town constable and village policeman. Rept. of Atty.-Gen. (1896), 123. Election to office while holding another office. The provision of this section that no person shall hold two village offices at the same time, with certain exceptions, does not relate to the situation existing on the day of election, and, hence, a village trustee who was duly elected village president is en- titled to the latter office if he resigned the former before Ihis term began. People ex rel. Miller v. Mynderse (1910), 140 App. Div. 789, 126 N. Y. Supp. 198, 201 N. Y. 14. Ownership of property. It is an essential qualification for a village trustee that Ihe must be " owner of property assessed to him.'' It is not sufficient that it should be assessed to a corporation of which he is a director. Rept. •of Atty.-Gen., Meh. 6, 1911. Ownership of an individual interest in property assessed on the last pre- ceding assessment roll is a compliance with this section. Rept. of Atty.-Gen., Mch. 9, 1911. Ownership of stock in a local corporation is insufficient. Rept. of Atty.-Gen., Mch. 15, 1911. Ousting village president from office. In an action to oust defendant from office of president of village the defendant is entitled to judgment in his favor wthere it is conceded that property was assessed to him on the last assess- ment roll and at the time of his election he was in fact the owner of the part of the property so assessed to him upon the last assessment roll. People ex rel. Worth v. Kanar (1913), 80 Misc. 552. § 43. List of village officers; mode of choosing; official year; terms of office. Every village shall have a president, not less than two trustees, & treasurer, a clerk and a street commissioner. Except as herein provided, every village shall also have a collector, but a village ■of the first class may, upon the adoption of a proposition therefor at a special election, determine that no collector shall thereafter he elected therein. A village of the first or second class may also lave a deputy clerk, and any village may have a village engineer. The Village Laws of New York ii5b There shall be a board of health in each village consisting of not less than three nor more than seven persons appointed by the board -of trustees of such village, in the manner provided by article three •of the public health law. The president, trustees, treasurer, col- lector, police justice, and assessors shall be elective officers, except that in a village of the first or second class the treasurer may be appointed, upon the adoption of a proposition therefor at a village •election. All other village officers shall be appointed by the board •of trustees, except as otherwise provided herein. In all villages the offices of clerk and street commissioners may he elective, upon the adoption of a proposition therefor at a village election, and after the adoption of such a proposition, a propo- sition may be submitted for the appointment of such officers, at any subsequent village election. After a proposition has been adopted changing the method of filling such offices, another propo- 26 The Village Laws of New York sition changing such method shall not be submitted until after a period of two years from the adoption of such prior proposition. An " official year " begins at noon on the first Monday after the third Tuesday of March, and 'ends at noon on the same Monday in the next calendar year. The term of office of the president, treasurer, collector, clerk, street commissioner and inspectors of election shall be one official year; of each trustee elected for a full term, two official years, and of a. police justice, four calendar years. The term of each village officer, except police justice, begins at noon on the first Monday after the annual election. A full term of the police justice begins on the first day of January succeeding the annual election at which he was elected. After the first election in a village subject to the provisions of this chapter one-half of the trustees shall be elected each year for a full term. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 43, as amended by L. 1901, Ch. 155; originally revised from L. 1870, Ch. 291, tit. 2, sec. 1; sec. 3, as amended by L. 1892, Ch. 593; sec. 5, as amended by L. 1896, Ch. 522; L. 1875, Ch. 181, sec. 11; L. 1889, Ch. 375, sec. 2, as amended by L. 1891, Ch. 396. Cross references. Intrusion into public office, see Penal Law, sec. 1835; corrupt bargains for appointment, see Penal Law, sees. 1832-1834; refusal to surrender to successor, see Penal Law, sec. 1836; delivery of books and papers, see Public Officers Law, see. 80; holding over until successor has qualified, see Public Officers Law, sec. 5; clerk to notify officers, see post, see. 59; if collector is not elected, treasurer acts as receiver of taxes, see post, sec. 117. Reviser's note (1897). This section of the revision fixes the Monday suc- ceeding the annual election as the day upon which the terms of elective officers shall begin. By the original law, no term is definitely fixed, although impliedly the term ends on election day. The provision in relation to officers holding over until their successors are elected and have qualified is omitted from this section being fully covered by the Public Officers Law, sec. 5. Editor's note. The committee of the Assembly made various changes in this section before reporting the bill. The second sentence, providing that a village of the first class may determine that no collector shall thereafter be elected, is new. In such a village the treasurer acts as receiver of taxes, as provided by section 117. The provision authorizing a deputy clerk is also new. By section 82 the clerk is required to act as the clerk of each village board. In villages of the first and second class, which are likely to have several different boards, possibly meeting at the same time, a, deputy is almost indispensable. The oommitfee also added the provision that in villages of the first or second class ths treasurer may be appointed. The theory of the provision is that in large villages the board of trustees The Village Laws of New Yoke 27 should have direct supervision and control of the fiscal officer, especially where he acts as receiver of taxes, as provided by section 117. The com- mittee also changed the method of electing trustees from that of electing all the trustees every two years to the method of electing one-half in alternate years. The latter provision seemed to meet with the approval of the larger number of villages. Section 59 of the Village Law requires the clerk to notify each appointed or elected officer within three days after appointment or election, but the failure of the clerk to so notify would not, it seems, prevent an officer from duly qualifying and entering upon the duties of his office. Local board of health, increase and decrease of membership. Rept. of Atty.-Gen. (1906), 429. Appointment of board of health by the trustees fixes the number of members. Kept, of Atty.-Gen. (1903), 345. Office of Assessor cannot be voted for and filled by election unless it shall have been previously determined. Eept. of Atty.-Gen. (1902), 191. Member of board of health is a village officer. Matter of Board of Health, 43 App. Div. 236 (1899), 60 N. Y. Supp. 27. Issuance of Commission to an appointed office is unnecessary. Cotanch v. Grover, 57 Hun, 272 (1890), 10 N. Y. Supp. 754. Compare. People v. Willard, 44 Hun, 580 (1887). Title to office cannot be determined in a taxpayer's action under the Code of Civil Procedure. Fahy v. Johnstone, 21 App. Div. 154 (1897), 47 N. Y. Supp. 402. Veteran of Civil War is not entitled to a preference over a veteran volunteer fireman, in appointing a street commissioner although the former was the prior incumbent of the office. People v. Village of Dobbs Ferry, 63 App. Div. 276 (1901), 71 N. Y. Supp. 578. § 44. Number of trustees. Villages in the several classes shall elect trustees as follows: 1. In the first class, not less than two nor more than eight. 2. In the second class, not less than two nor more than six. 3. In the third or fourth class, two or four. Each village shall always have an even number of trustees. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 44, as amended by L. 1901, Ch. 7; originally revised from L. 1870, Ch. 291, tit. 2, sec. 2, as amended by L. 1895, Ch. 154. Cross references. Special election of officers, see post, see. 55. Editor's note. Under former law the minimum number of trustees was three, maximum nine, an additional trustee being allowed for each 400 of population over 1,200. Vacancies should be filled by special election called for that purpose. People v. Board of Trustees, 71 Hun, 188 (1893). § 45. Changing number of trustees. "Within the limitations herein prescribed, the number of trus- tees may be changed by adopting a proposition therefor at a special 28 .The Village Laws of New Yoke: election. If the number be increased, the additional trustees shall be elected at the next annual election. One-half of the additional trustees shall be elected for one year and one-half for two years. If the number of trustees be reduced, such reduction shall not take effect until the expiration of the terms of the trustees then in office. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 45. Cross references. Conduct of special election^ see post, sec. 56; time for holding special election, see Election Law, sec. 128; proposition to change number of trustees, see post, Form 11. Editor's note. A special election for this purpose may be held at any- time before the annual election. It should, however, be held a sufficient time before, so as to allow nominations for village officers to be filed with the village clerk at least fifteen days before the election (see Election Law, I 59), and the third Tuesday of March may occur on March 16th, in which case little time would be allowed for making such nominations. Number of trustees can only be changed by special election. Kept, of Atty.-Gen. (1903), 262. § 46. Election of trustee by wards. A village of the first or second class may elect trustees by wards upon the adoption of a proposition therefor at a special election. If such proposition be adopted, the board of trustees shall meet within twenty days thereafter and divide the village into wards of a number equal to one-half of the number of trustees which the village has a right to elect. Such wards shall contain a popu- lation as nearly equal as may be, and be of convenient and con- tiguous territory, in as compact form as practicable. The board of trustees shall make a certificate of such division, which shall contain a description of each ward, and shall file the same in the* office of the village clerk, and publish it in each newspaper pub- lished in the village, at least twenty days before the next annual election. One trustee shall thereafter be elected annually in each ward, for a full term. *■ If after such division into wards, the number of trustees in the- village be changed, the board of trustees shall, in like manner,, make a new division into wards. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 49, as amended* by L. 1905, Ch. 290; former section was substituted for L. 1870, Ch. 291 tit. 3, sec. 17, as amended by L. 1891, Ch. 160. Cross references. Special election, see post, sec. 56; separate ballot boxes,, see post, sec. 52; resolution dividing villages into wards, see post, Form 14_ The Village Laws of New Yoke 2!> Revisers' mote (1897). The act of 1870 authorizes the election of trustees by districts, but makes no provision for the canvass of an election held by districts or generally for carrying out such method of election. The revision authorizes the election of trustees by wards in villages of the first class. It is not believed that there is any necessity for the election of trustees by wards in villages containing a population of less than 5,000.. If the village contains but one election district and trustees are elected by wards, separate ballot boxes are to be provided for each ward. If the- village contains more than one election district, and the trustees are elected, by wards, the board of trustees are required to meet and canvass the result.. § 47. Election of police justice. The office of police justice is continued in every village in. which it is now estahlished. A village may establish the office of police justice by adopting a proposition therefor. A village, in which the office of police justice has been established, may abolish such office at an annual election, to take effect upon the* expiration of the term of the police justice then in office. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 50; originally- revised from L. 1870, Ch. 291, tit. 3, see. 17, as amended by L. 1891,. Ch. 160; Code Crim. Pro., sec. 75. Cross references. Expiration of term of office, see post, sec. 351; crim- inal jurisdiction of village police justice, see post, sec. 182. Revisers' note (1897). Section 17, title III of the act of 1870 provides, that the trustees of any village containing a population of at least two- thousand, incorporated under the act of 1870, may, whenever in their opinion. the public interest demands it determine that a police justice shall be elected in such village. Section 75 of the Code of Crim. Pro. provides, that upon the application, in writing, of twenty-five electors, the trustees of any village in the State may determine that a police justice shall be elected in such village. Section 17 of title III was added to the act of 1870 by L. 1871, chap. 688. The population limitation was then fixed at three- thousand. Section 75 of the Code of Crim. Pro., adopted in 1881, contains^ no population limitation, but is general in its terms applying to all vil- lages. Section 17, however, was amended in 1891, and the population limita- tion reduced from three to two thousand. The section provides that the office of police justice shall only be established after a vote in favor thereof at an annual or special election. The last sentence authorizing the electors of the village to abolish the office of police justice is new. There seems to be no reason why the electors of the village should not be authorized, to abolish the office if for any reason they find it to be unnecessary or too expensive. Editor's note. Proposition establishing office of police justice may be adopted at either an annual or special election. No absolute right to compel trustees to furnish office. People v. Presi- dent, etc. of Nyack, 18 App. Div. 318 (1897), 46 N. Y. Supp. 218. 30 The Village Laws or New Yobk Police justice. Creation of office is optional since the statute provides for the establishment or abolition of the same. People v. Lovell, 21 Misc. 570 (1897), 48 N. Y. Supp. 879. Jurisdiction of justice of peace continues if office not established. People v. Lovell, 21 Misc. 570, 48 N. Y. Supp. 879. § 48. Election of assessors. The board of trustees shall act as assessors of the village, or may appoint of their number a committee for that purpose, un- less separate assessors are appointed or elected as provided by this section. If twenty-five electors qualified to vote upon a proposition shall present a petition to the board of trustees for the election of separate assessors, it shall submit to the next annual election a proposition therefor, and if such proposition be adopted, shall appoint three persons to be assessors of such village for the terms of one, two and three years, respectively, and thereafter at each annual election, one assessor shall be elected for a full term of three years, unless said petition shall be for the election of one assessor, and such proposition is adopted, in which case, the board of trustees shall appoint one person to be assessor of such village until the next annual election, at which election and each annual election thereafter, one assessor shall be elected for the term of one year. In a- village of the first or second class, which now has no separate assessors, the beard of trustees may, by resolution, direct that three assessors be elected at the next annual election, and they shall be elected accordingly for the terms of one, two and three years, respectively. At each annual election thereafter one assessor shall be elected for a full term of three years. A village having separate assessors, when this act took effect, either elective or appointive, may continue to elect or appoint assessors until such village shall decide bv a proposition submitted at an annual election to have the board of trustees, or a committee thereof, act as assessors. If twenty-five electors qualified to vote upon a proposition, shall present a peti- tion to the board of trustees to abolish separate assessors, it shall submit such proposition to the next annual election, to which it is entitled to be submitted under this act, and if adopted no as- sessors shall be elected or appointed, except that such village shall continue to elect or appoint assessors whose terms of office shall expire with the term of the assessor then in office having the The Village Laws of Xew York 31 longest term to serve, after which time, the trustees or committee therefrom, shall act as assessors. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 51, as amended by L. 1898, Ch. 195 and L. 1907, Ch. 82; originally revised from L. 1870, Ch. 291, tit. 3, sec. 13, as amended by L. 1890, Ch. 213. Last sentence added by L. 1898, Ch. 195. Cross references. Assessors in office continued, see post, sec. 351. Revisers' note (1897). The present law provides for two conflicting systems of separate assessors. Section 13 of title III of the act of 1870, before amendment by L. 1890, chap. 213, provided that in villages of two thousand, the trustees, on petition of one hundred electors, should direct the election of three assessors. The amendment of 1890 added to the section a provision that in any village in which assessors are not elected, the board of . trustees might appoint an assessor. Editor's note. In any village the electors may require the submission of a proposition for the election of separate assessors. In a village of the first or second class the board may anticipate the electors and direct the election of a separate board of assessors. § 49. Election districts. A village, containing not more than eight hundred qualified electors, shall constitute a single election district for village elec- tions. If at an annual election, the number of votes - cast for village officers shall exceed eight hundred, the board of trustees may by resolution, adopted at least thirty days before the next annual election, divide such village into election districts, con- taining not more than eight hundred voters. Such resolution shall specify the boundaries of each district, but a ward shall not be divided in the formation thereof, except to make two or more election districts wholly within such ward. Such resolution shall be published and posted with a notice of such election. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 52. Cross references. Resolution dividing village into election districts, see post, Form 15. Revisers' note (1897). There appears to be nothing in the original law authorizing the division of the village into election districts, except that contained in section 17 of title III of the act of 1870, authorizing the election of trustees by districts. Under the original law, there is no pro- vision for a canvass of the vote or for the appointment of election district inspectors, and if the act of 1870 contemplated the holding of an election at several polling places, the scheme is very incomplete and unsatisfactory. The commis3ioners deem that there is no necessity of a separate polling place where the vote does not exceed eight hundred. This, however, does not prevent the division of the village into wards pursuant to section 49, or the election of trustees by wards, as it is provided by section 55 that 32 The Village Laws cf Xew Yoek a village divided into wards and containing but one election district, shall have a separate ballot box for each ward. Section 49 of the revision also provides that the wards shall not be divided in the creation of an election district. The reason for this is apparent. Section 54 of the revision provides for the election of inspectors, if the- election is held at more than one polling place, otherwise the trustees and clerk of the village act as inspectors as provided by the act of 1870. Editor's note. The bill as originally proposed made the division com- pulsory if the votes at an annual election exceeding 800. The committee of the Assembly substituted " may " for " shall." § so. Officers to be elected at annual election. Elective offices shall be filled at the annual election next pre- ceding the expiration of the terms thereof. If a vacancy in an elective office occurs more than ten days prior to an annual elec- tion, at which a successor for a full term is not to he chosen, it shall be filled at such election for the remainder of the unexpired term. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 53; originally revised from L. 1870, Ch. 291, tit. 2, sec. 3, as amended by L. 1892, Ch. 593. .Revisers' note (i8g7). The second sentence, providing that a vacancy in an elective office, which shall have occurred more than ten days prior thereto, shall be filled at the annual election, is new. Section 55 requires election notices to be published and posted at least ten days before the election, thus preventing notices of vacancies occurring subsequent to ten days before the election. Editor's note. Section 351 provides that the terms of all village officers in office when this chapter takes effect, except as otherwise provided and except of a, police justice or an assessor, expire on the Monday following- the third Tuesday in March. There may be some difficulty in filling an office which occurs more than ten and less than fifteen days before an annual election, as party nominations are required to be filed with the village clerk at least fifteen and not more than twenty days, and independent nominations at least ten and not more than twenty days, before the election. See Election Law, § 128; see Jewett's Manual (17th Ed.), § 128, p. 70. § 51. Inspectors of election. If a village constitutes but one election district and a propo- sition for the registration of voters has not been adopted pursuant to section fifty-one-a of this chapter, the trustees, president and clerk of the village, after the first election of village officers, or such of them as are in office when an election takes place, shalL be inspectors of election for the village ; and one or more of them shall preside at all elections. If neither a trustee, the president The Village Laws of New York 33 nor the clerk shall be present, the electors may appoint a chair- man to preside, who shall have all the powers of an inspector. If a village is divided into election districts and a proposition for the registration of voters has not been adopted pursuant to section fifty-one-a of this chapter, the board of trustees shall, annually, at least thirty days before the annual election, appoint two in- spectors of election for each district to preside at all village elec- tions therein, until their successors are appointed. Such in- spectors shall not both be chosen from the same political party. The board may also appoint for each district a poll clerk and a ballot clerk. If a proposition for the registration of voters has been adopted in any village pursuant to section fifty-one-a of this chapter, the president of the village shall, annually, at least twenty days before the annual election, appoint four inspectors of election for such village, or if the village constitutes more than one election district, four inspectors of election for each election district, to preside at all village elections until their successors are appointed. Such appointments shall be made from lists pre- pared, certified and filed with the village clerk by the two political parties entitled under the election law to representation on a board of election officers, if any such lists shall have been filed as hereinafter provided. The village committee of the party casting the highest number of votes and the village committee of the party casting the next highest number of votes at the last preceding general election may each prepare a list containing the names of at least two persons qualified to serve as inspectors of election, for each election district in such village, which list shall be certified by the chairman of such committee, and filed with the village clerk. From each of the two lists so filed, if filed, the president of the village shall appoint two persons who possess the qualifications prescribed by law for election officers. If in any village more than one such list be submitted on behalf or in the name of the same political party, only that list can be accepted which is certified by the proper officer or officers of the faction of such party which was recognized as regular by the last preced- ing state convention of such party; or if no such convention was held during the year, by the proper officer or officers of the fac- tion if such party, which at the time of the filing of such list is recognized as regular by the state committee of such party. From 3-1- The Village Laws op Xew York the additional names, if any, contained on the list so filed, of persons qualified to serve as such, the president of the village shall appoint inspectors of election in case of resignation, declina- tion or other incapacity of persons appointed to such office. If such lists contain no additional names of such persons, the presi- dent of the village shall fill vacancies by appointing persons known, or proved to his satisfaction, to be members of the same political party in which such vacancy occurred. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 54, as amended by L. 1903, Ch. 313 and L. 1904, Ch. 100; originally revised from L. 1870, Ch. 291, tit. 2. sec. 16. I Amended by L. 1910, Ch. 423, in effect June 8, 1910. That both inspectors were of same political party will not invalidate an election held and decided for the issuance of bonds. Ward v. Kropf, 120 N. Y. Supp. 476 (1910). § s i -a. Registration of voters. A village may adopt, at an annual or special election in the man- ner provided in this chapter for the submission of propositions, a proposition for the registration of voters at elections in such village as provided by this section, and thereafter the provisions of section one hundred and sixty-one of the election law that no registration shall be required for village elections shall uot apply to such vil- lage. If such proposition be adopted the inspectors of election of each election district of such village shall meet on the tenth day preceding each election in such village at the place in such election district where the election is to be held, and at such hours as the board of trustees or such members thereof as are in office, shall by resolution adopted at least twenty days before every registration day designate, which shall include at least four consecutive hours between sunrise and eight o'clock in the evening, for the purpose of preparing a register for such election, which shall, so far as practicable, be in the same form as the register of voters in such election district for the last preceding general election. The town clerk of the town shall, upon application, deliver to such inspectors the register of the last preceding general election in any election district in which such election district is wholly or partly situated. Such inspectors shall, for the annual village election, prepare a register for their election district by copying from the town regis- ter the names of all persons qualified to vote at such election in such district which appear upon the register of voters for the last preceding general election in such election district, except the names of such voters as are proven to the satisfaction of such in- The Village Laws of jSTew York 35 spectors to have ceased to be voters in such district since their names were placed upon such register, and shall add to such regis- ter the names of all persons known or proven to the satisfaction of such inspectors to be then or thereafter entitled to vote at the elec- tion for which such registration is made. Such inspectors shall in like manner prepare a register for each special election in such village, except that the register for the annual election in such village shall be used by them as the basis therefor. All the pro- visions of the election law in relation to the registration of voters shall, so far as practicable, apply to the registration provided for by this section. The village clerk shall furnish the necessary blank ' books and blanks at the expense of the village. Elections in such villages shall be conducted in the manner provided by this chapter and the election law, except that no person shall be entitled to vote thereat whose name does not appear upon the register of the elec- tion district in which he claims to be entitled to vote. Derivation. Added bp L. 1910, Ch. 423. Amended by L. 1911, Ch. 427. Women otherwise entitled to vote on propositions at special village elec- tions are not required to register. Rept. of Atty.-Gen., March 8, 1911. § 52. Annual election. An annual election shall be held in each village on the third Tuesday in March, unless a town meeting of a town in which any part of the village is situated, or a general election, shall be held on such day, in which case the annual election shall be held upon the next day thereafter. All other village elections are special elections. A village of the second, third or fourth class may by the adoption at an annual or special election of a proposition therefor, hold its annual election on the third Tuesday in June, unless a town meeting of a town in which any part of the village is situated, or a general election, shall be held on such day, in which case the annual election shall be held upon the next day thereafter. A special election for the adoption of such a propo- sition may be held at any time. The official year in such village shall begin at noon on the first Monday after the said election. All villages which have heretofore by resolution duly adopted, designated any other Tuesday in June for their annual election shall hereafter hold such annual election on the third Tuesday of June except as above stated. The board of trustees or such members thereof as are in office shall by resolution, adopted at 36 The Village Laws of New York least ten days before every village election, designate the hours of opening and closing the polls thereof, which shall include at least four consecutive hours between sunrise and eight o'clock in the evening. The resolution shall also designate the place of holding the election, or if there is more than one election district in the village, the place of holding the election in each district. The board or such members thereof as are in office also shall, at least ten days before the election, cause notice thereof to be published at least once in the official paper, if such paper is pub- lished in the village, and a printed copy thereof conspicuously posted in at least six public places in the village specifying the time and place or places, of holding the election, the hours of opening and closing the polls thereof, the offices, if any, and the term to be filled, and setting forth in full all propositions to be voted upon. If the board or such members thereof as are in office neglects to appoint the place or places for the annual election, the election shall be held at the place or places of the last preceding annual election, and if it neglects to appoint the hours of opening and closing the polls thereof, such hours shall be the same as at the last preceding annual election. An annual election of the village officers shall not be invalid because of a failure to give such notice. A vote upon a proposition shall be void unless due notice of the election has been given. If a village, constituting a single election district, is divided into wards and elects trustees by wards, separate ballot boxes shall be provided for each ward, and the ballots of the electors residing therein shall be deposited in the ballot box designated for such ward. Derivation. Former Village Laws (L. 1897, Ch. 414, sec. 55, as amended by L. 1894, Ch. 100 and 231; L. 1905, Ch. 290, and L. 1908, Ch. 100; originally revised from L. 1870, Ch. 291, tit. 2, sec. 15, as amended by L. 1888, Ch. 172, tit. 8, sec. 25. Amended by L. 1909, Ch. 472, in effect March 1, 1910. Cross references. Official ballots, Election Law, sees. 318, 319; ballot machines, use of Election Law, sees. 390-421; election expenses, Penal Code, sec. 776; informalities, legalization by board of supervisors, County Law, sec. 15; special election, when not held on date fixed, see post, sec. 55; for full treatment, see Jewett's Election Manual (17th Ed.); nomination of officers, Election Law, sees. 120, 126; when filed, Election Law, sec. 128; must be posted, Election Law, sec. 132; declination, Election Law, sec. 133. Opening and closing polls at a village election is governed by this section. Kept, of Atty.-Gen. (1896), 93. The Village Laws of New York 37; Unofficial ballots cannot be counted by inspectors. If they do so man- damus will issue to compel them to reconvene, return the unofficial ballots, correct the statement of the results of the canvass and make a proper certificate of the result. People ex rel. March v. Beam, 117 App. Div. 374, 103 N. Y. Supp. 818. It is the duty of the village clerk to provide official ballots for this elec- tion. (Laws 1896, Ch. 909, sec. 80, as amended by Laws 1897, Ch. 609, sec. 86, as amended by Laws 1905, Ch. 643.) People v. Beam, 117 App. Div. 374 (1907), 103 N. Y. Supp. 818; see Jewett's Manual, see. 341, p. 172. Special laws. This section applies to villages incorporated under L. 1870, Ch. 290, but having a special act fixing the date of annual elections. People ex rel. Canning v. Shaw, 25 App. Div. 147, 49 N. Y. Supp. 127. § 53. Canvass of annual election. The inspectors of election of each election district shall, im- mediately upon the closing of the polls of each annual election, proceed to canvass the votes cast thereat, and shall complete such canvass without adjournment. They shall, before nine o'clock in the forenoon of the following day, file with the village clerk their certificate setting forth the holding of the election, the total number of votes cast for each office, the number of votes cast for each person for such office, the total number of votes cast upon each proposition voted upon, and the number cast for and against it. If the village contains more than one election district, the board of trustees of such village shall meet at its usual place of meeting, at nine o'clock in the forenoon of the next day after the election. The village clerk shall produce at such meeting the returns of the inspectors of election, and the board of trustees shall canvass such returns, and file in the office of the village clerk a certificate declaring the result. The person eligible and receiving the highest number of votes for an office shall be elected thereto. If two or more persons receive an equal and the greatest number of votes for the same office, the board of trustees shall determine by lot which of them shall be deemed elected. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 56; originally revised from L. 1870, Ch. 291, tit. 1, sec. 20; tit. 2, sec. 17; tit. 8, sec. 3. Cross references. Certificate of canvass, see post, Form 18. Revisers' note (1897). This section provides for a canvass of the vote by the board of trustees in case the village election is held in election districts. There is no provision for holding such canvass under the act of 1870. In the last sentence of this section the revision commission followed the scheme provided by section 20, of title I, of the act of 1870, which provides that if a tie results as to a, particular office, the person presiding .at the election shall determine by lot which shall be deemed elected to the 83 The Village Laws of New York office. This provision, notwithstanding the fact of having been in existence since 1870, is of doubtful constitutionality under article X, section 2, of the Constitution, which provides that "all city, town, or village officers whose election or appointment is not provided for by this Constitution shall be elected by the electors of such cities, towns and villages, or of some division, thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose." Constitutionality. — Provision for the selection of a village officer by the board of trustees by lot in case of tie vote does not violate section 2 of ar- ticle X of the State Constitution. Matter of Frame (1910), 69 Misc. 568. Choice by lot in case of tie vote. See Matter of Frame (1910), 69 Misc. 568. See generally, People ex rel. Miller v. Mynderse (1910), 140 App. Div. 789, 123 N. Y. Supp. 523, affd. 201 N Y. 14. § 54. Failure to designate terms. ]STo election of village officers, heretofore or hereafter held in any village, shall be invalid on account of the failure of the electors to designate in their ballots the respective terms of office of persons to be elected thereat, for the same office, for different terms ; but the persons so to be elected to such office, who are eligible and receive the highest number of votes, shall be elected. The person first named on a ballot, containing the names of more than one person for such an office, and not designating their respective terms, shall be deemed designated for the longest term, the second, for the next longest term, and so on to the end ; and the inspectors of election shall count the ballots and certify the result accordingly. If the votes shall not be so counted and canvassed the board of trustees shall, at least twenty days before the expiration of the shortest term, determine by lot which of such officers shall hold office for each term, and thereupon such officers shall be deemed to have been elected accordingly. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 57; originally revised from L. 1881. Ch. 17, sec. 1, and former acts to same effect. Revisers' note (1897). It is doubtful whether this section has much force, as official ballots are now required at all elections of village officers. § 55- Special elections of officers. Whenever the day fixed by law for an annual election shall have passed, and no election shall have been held thereon the board of trustees shall, forthwith, give notice of a special elec- tion, to be held at the place of the omitted annual election. Such notice shall be given in like manner as a notice of an annual election, and a special election shall be held in the same manner as, for the purpose of, an annual election. For the purpose of determining the terms of office of the officers elected thereat, the time therefrom to the beginning of the next official yar shall be deemed one year. Whenever vacancies shall occur in the board The Village Laws of Xew York 39 of trustees so that a majority of the members thereof are not in office, the members of such board as are in office shall forthwith cause a special election to be held for the purpose of filling such vacancies. Such special election shall be held in the same manner as an annual election, and notice thereof shall be given by the members of such board as are in office in like manner as for an annual election. If the offices of all the trustees and the president are vacant, the clerk shall cause such special election to be held and shall give notice thereof as above provided. If the office of clerk is also vacant, a special election to fill such vacancies shall be held upon the call of at least twenty-five taxpayers residing in such village, who shall sign a notice therefor stating the time and place where such special election shall be held, and at least ten days before such date so named cause the same or copies thereof to be posted in six or more conspicuous places in such village and to be published in a newspaper published in said village if there be one. The officers elected at such special election shall immediately enter upon the duties of their offices and shall hold such offices for the unexpired terms of their predecessors. A special election und^r this section shall not be held during the months of February and March. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 58, as amended by L. 1904, Ch. 100; originally revised from L. 1868, Ch. 462, sees. 1, 2. Cross references. Notice of election, see Ante, sec. 52; notice of special election of officers, see post, Form 19. Revisers' note (1897). No substantial change is made by this section of the revision. The act of 1868 provides expressly for the place of posting the notices, " on the outer door of each place of public religious meeting, etc." This section of the revision requires the notice to be given in the same manner as for the annual election. * Provision for special election of trustees where vacancy occurs, is man- datory and may be compelled by mandamus. People v. Board of Trustees^ 71 Hun, 188 (1893). § 56. Submission of propositions; special election. The board of trustees may, upon its own motion, and shall, upon the petition of twenty-five electors qualified to vote upon a proper sition, cause to be submitted at a village election a proposition upon any question which may be lawfully decided thereat. A separate board of fire, water, light, sewer, cemetery or other 40 The Village Laws of New Yoke •commissioners may present to the board of trustees a petition, requesting the submission of a specified proposition, relating to its department, at a village election. Upon tbe presentation of .such petition, the board of trustees shall cause the proposition to be submitted accordingly. If a petition under this section be presented after the annual election and before the first day of January following, a special election shall be called, to be held not less than ten nor more than twenty days after the presentation of such petition. If a petition be presented at any other time, and more than ten days prior to the annual election, the propo- sition shall be submitted at such annual election. Except for the purpose of fixing or changing the number of trustees, or for the purpose of determining whether an officer shall be thereafter elected or appointed, or the submission of a proposition to pay the additional expense of a state or county highway through the village, no special election shall be held in the months of Feb- ruary or March. The foregoing provisions in this section con- tained in respect to the time of presentation of a petition under "this section and prohibiting a special election in February or March, shall not apply to villages which hold their annual elec- tion in June, but in such a village the board of trustees may, upon its own motion, submit a proposition at a special village election in April, and if such a petition be presented after the annual election, and before the first day of April following, a special election shall be called in the manner hereinbefore pro- vided ; but if a petition be presented at any other time and more than ten days prior to the annual election, the proposition shall be submitted at such annual election. Except for the purpose of fixing or changing the number of trustees, or for the purpose of determining whether an officer shall be thereafter elected or appointed, or the submission of a proposition to pay the addi- tional expense of a state or county highway, no special election shall be held in such a village in the month of May or June. Notice of a special election for the submission of a proposition shall be given in the same manner as for an annual election. Such special election shall be held by tbe same officers, and -conducted and the result canvassed in the same manner as an annual election. The Village Laws of New Yoek 41 Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 59, as amended Tby L. 1906, Ch. 57. Amended by L. 1910, Ch. 4, in effect Feb. 4, 1910. Cross references. Form of ballot ( Election Law, sec. 332; proposition which may be submitted in February and March, see Ante, sees. 45, 47, 50; forms for submission of proposition, see post, Forms 20, 21, 22, 23. Revisers' note (1897). The form of the ballot is prescribed by section 331 of the Election Law. The Election Law requires official ballots at all elec- tions at which public officers are to be elected, except school officers in school districts, cities or villages. See Election Law, § 330; Jewett's Election Manual (17th Ed.), p. 158. % 57. Votes upon propositions to be by ballot. All votes upon a proposition submitted at a village election shall be by ballot; and, unless otherwise provided, the provisions of the election law, relating to ballots, apply to propositions sub- mitted, under this chapter. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 60. Cross references. Form of ballot for questions submitted, Election Law, sec. 332; Jewett's Election Manual (17th Ed.), p. 162. Manner of submitting different propositions. See Eept. of Atty.-Gen. (1902), 263; see Everett v. Village of Potsdam, 112 App. Div. 727 (1906), 98 N". Y. Supp. 963. Proposition stating more than one question is not violative of the election law, where the ballots merely give the village officers a discretion which they would otherwise have. Everett v. Village of Potsdam, 112 App. Div. 727 (1906), 98 N. Y. Supp. 963. In proposition for sewer construction it is not necessary that every detail of the plan should be separately stated and numbered. Mead v. Turner, 119 N. Y. Supp. 526 (1909). Provisions of election law relating to ballots apply to propositions sub- mitted at a special election. See Mead v. Turner, 119 N. Y. Supp. 526 (1909). § 58. Official undertakings. The treasurer, collector, police justice, street commissioner, and such other officers as may be required by the board of trustees, shall, before they enter upon the duties of their respective offices, each execute to the village and file with the village clerk, an official undertaking in such sum and with such sureties as the board of trustees shall direct and approve. The board of trustees may at any time require any such officer to file a new official undertaking for such sum and with such sureties as the board shall approve. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 61; originally revised from L. 1870, Ch. 291, tit. 2, sec. 11; L. 1875, Ch. 181, sec. 3, as amended by L. 1894, Ch. 318; Code Crim. Pro., sec. 76. 42 The Village Laws of New Yosk Cross references. Official undertakings generally, see Public Officers Law, sees. 11, 12, 13, 15; failure to file creates vacancy, see Public Officers Law, sec. 30; undertaking equivalent to bond, see General Construction Law, sec. 14 ; officers before whom taken, see General Construction Law, sec. 1 1 ; acting' without filing a misdemeanor, see Penal Law, sec. 1820; but official acts are valid, see Penal Law, sec. 1821; form of official undertaking, see post, Form 24. Resolution of Village Board appointing a street commissioner is sufficient authority to act, when oath of office is taken and bond given as required by law. ' Cotanch v. Grover, 57 Hun, 272 (1890). Bond should run to village in its corporate name, but the bond reciting- the election of a named person as collector of the village and binding the obligors to pay " to the trustees or their successors " is valid as a bond, to the village. Village of Warren v. Phillips, 30 Barb. 646 (1860). Failure of Water Commissioner to file bond before any official act was done, does not impair their authority to take proceedings for holding an election to determine the question of taxation for water supply. Until after election, there is no certainty that the system will be created, and it is impossible to fix the penalty of the bond, which depends upon the amount of taxes voted and the cost of the plant. Village of Champlain v. McCrea, 165 N. Y. 264 (1901 rev'g 33 App. Div. 259. Premium upon the official undertaking of the village collector cannot be paid by the board of trustees. Kept, of Atty. Genl., April 28, 1911. § 59. Notice to person chosen to a village office. The clerk of the village shall, within three days after the elec- tion or appointment of a village officer, except the first election, or appointment after the incorporation of the village, notify each person elected or appointed of his election or appointment and of the date thereof, and that he is required to file his oath, of office with such clerk, before entering upon the duties thereof, and, if an official undertaking be required of him, by or in pur- suance of law, that he is also required to file the same with such clerk, and that upon his failure so to do, he will be deemed to have declined the office. If an undertaking is required of a village officer, by or in pursuance of law, after entering upon the duties of his office, the clerk of the village shall thereupon serve upon. such officer personally, a written notice that he is required to file such undertaking with the clerk, within ten days after the service of the notice, and that upon his failure to do so, his office will become vacant. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 62; originally revised from L. 1870, Ch. 291, tit. 2, sees. 6, 7, 12, as amended by L. 1887, Ch. 68, tit. 3, sec. 20, as added by L. 1871, Ch. 688, L. 1875, Ch. 181, see. 2, as amended by L. 1891, Ch. 74, sec. 3, as amended by L. 1894, Ch. 318, Code Crim. Pro., sec. 76, Const. Art. 13, sec. 1. Cross references. Form of oath, see Const. Art. 13, sec. 1; before whom taken, see Gen'l. Const. Law, sees. 10, 11; official oaths, see Public Officers. The Village Laws of New Yoke 43 Law, sec. 10; failure to file, see Public Officers Law, sees. 13, 30; acting without taking, see Penal Law, sees. 1820, 1821; oath of office, see post, Form 25; notice to person chosen to fill office, see post, Form 26. Member of board of health is an officer whose oath is required to be filed. Matter of Board of Health, 43 App. Div. 236 (1899), 60 N. Y. Supp. 27. Defective oath or bond affords ground of forfeiture of office and does not create vacancy. People v. Watts, 73 Hun, 404 (1893). Form of oath must comply with constitution, and any material omission will invalidate unless waived. Matter of Gilroy, 85 Hun, 424 (1895). § 6o. Resignations and removals. A village officer may resign to the board of trustees, and his resignation shall take effect upon the delivery thereof to the village clerk, unless a time be specified in such resignation for its taking effect thereafter, in which case, such resignation shall take effect at the time so specified. In addition to the method provided by the public officers law, an officer, except a president or a trustee, appointed by the board, of trustees of the village, may be removed by the board for mis- conduct, on notice to such officer and an opportunity given him to make his defense. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 63; originally revised from L. 1870, Ch. 291, tit. 2, sec. 14; tit. 8, sec. 23. Cross references. Removal of village officer, see Public Officers Law, sec. 36; resignation of village officer, see post, Form 27. § 6i. Filling of vacancies. Vacancies occurring otherwise than by expiration of term in a village office, other than that of health officer, shall be filled by the board of trustees, if the office be elective, until the end of the current official year, but if the office be appointive,, for the balance of the unexpired term. If a vacancy in an elective office occurs within less than ten days prior to an annual election, and such office is not to be filled at such election, the appointment shall be for a term which will expire at the end of the next official year. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 64; originally revised from L. 1870, Ch. 291, tit. 2, sec. 10; tit. 3, sec. 18, as added by L. 1871, Ch. 688; L. 1871, Ch. 696, sec. 1; L. 1875, Ch. 181, sec. 2, as amended by L. 1891, Ch. 74; L. 1889, Ch. 375, sec. 2, as amended by L. 1891, Ch. 306. Cross references. What creates vacancy, see Public Officers Law, sec. 30; forfeiture, see Penal Law, sees. 510, 511; appointment to fill vacancies, see post, Form 28. 44 The Village Laws or New York Failure to elect successor of a health officer of a village does not create a vacancy in the office, and a county judge has no right to fill it. People -v. Scott, 31 Misc. 131 (1900), 64 N. Y. Supp. 970. Distinction between vacancies ipso facto and forfeitures requiring a direct proceeding for the purpose. See Brooks v. Watts, 73 Hun, 404 (1893). In case town officer holding over by reason of a failure to elect his suc- cessor, a person to fill the office is to be elected at the next town meeting. People v. Kandall, 12 Misc. 619 (1895), 34 N. Y. Supp. 450. Filling vacancy where office of police justice abolished, was justified where the incumbent resigned his office before his time expired and where the vil- lage had previously determined that such office should be abolished only after the expiration of the term of such present incumbent. People ex rel. Hoban v. Bates (1913), 81 Misc. 12. Village trustee vacancy occurring ten days before election should be filled by the board of trustees and not by governor. Opinion of Atty.-Gen., March 22, 1913. § 62. Refusal of officer to surrender his office. If a person who has been an officer of a village refuses or neglects to de- liver to his successor in office, within ten days after notification and request, all the moneys, books, papers, records, property and effects of every descrip- tion, which have come into his possession or under his control, by virtue of his office, and belonging to the village or appertaining to the office, he shall forfeit and pay to the village, the sum of twenty-five dollars for each and every day he shall so neglect or refuse, and also all damages, costs and ex- penses caused by such neglect or refusal. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 65; originally revised from L. 1870, Ch. 291, tit. 8, sec. 15, without change of substance. Cross references. Refusal to surrender to successor, see Penal Law, sec. 1836; compelling delivery of books, etc., see Public Officers Law, sec. 80; Code Civ. Pro., § 2471-a. Action in nature of quo warranto lies to test right to office. People v. Willard, 44 Hun, 580 (1887). § 63. Separate boards of commissioners. A village which has no separate board of fire, water, light, sewer, park or cemetery commissioners, by adopting a proposition therefor at -an annual election, may establish such a board, or may establish a municipal board, with the powers, duties and responsibilities of two or more of such separate boards. In a village of the first class a board of commissioners or a muni- cipal board may be composed of three or five members as shall be determined by the proposition. If such proposition be adopted, the board of trustees at its next annual meeting shall appoint such commissioners, for the terms of one, two and three years, respectively, or in a village which determines to have five commissioners, for the terms of one, two, three, four and five years, respectively; and at each annual meeting thereafter the board of trustees shall appoint one commissioner for the full term of three or five years as the case may be. A village of the first class, by the adoption of a proposi- tion therefor, at an annual slection, may establish a separate board of police commissioners, composed of three members. If the proposition to establish such board be adopted, the board of trustees, at its next annual meeting snail appoint such commissioners for the terms of one, two and three years' respectively; and at each annual meeting thereafter the board of trustees shall appoint one commissioner for the full term of three years. Said board of police commissioners shall have all the powers, be subject to all the lia- bilities and perform all the duties of the president and board of trustees so far as the same relate to the police or police department. The Village Laws of New York 45 Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 66; originally Tevised from L. 1871, Ch. 696, tit. 1; L. 1875, Ch. 181, sec. 1; L. 1889, Ch. 375, sec. 2, as amended by L. 1891, Ch. 680, sec. 1; amended by L. 1909, Ch. 469; L. 1913, Ch. 53. In effect March 6, 1913. Cross references. Continuance of existing boards, see post, sec. 65; power of board of trustees, etc., see post, sec. 89, subd. 19; eligibility of commis- sioners, see ante, sec. 42. Revisers' note (i8g7). The present law authorizes the organization of the board of trustees as a board of water commissioners or the separate election of three water commissioners. The water commissioners are required to act also as light commissioners. Five sewer commissioners, and not less than five nor more than nine cemetery commissioners may be appointed by the board of trustees. The revision requires the board of trustees to act as fire, water, light, sewer and cemetery commissioners in the first instance, and confers upon it, primarily, all the powers which, by this chapter, are conferred upon any such board. See § 88, subd. 19. The electors may, however, adopt a proposition establishing a separate board of fire, water,, light, sewer or cemetery commissioners. If such proposition is adopted, a board of three or five commissioners is appointed by the board of trustees. Any such commissioners now in office are continued until the expiration of their terms, and no new commissioners are to be appointed until the number of 'such commissioners in office is reduced by expiration of term to less than three or five, as the case may be. See § 68. The commissioners so appointed are required to have the same qualifications as members of the board of trustees. § 64. Municipal boards; consolidation. Upon the adoption of a proposition therefor a village may establish a municipal board, consisting of three or five members, possessing all the powers and subject to all the responsibilities of two or more of the boards named in this article. The members- of such municipal board shall be appointed by the board of trus- tees for the terms of one, two and three years, respectively, if the board consists of three members; and for the terms of one,, two, three, four and five years, respectively, if the board consists of five members. Upon the filing of the certificate of the adop- tion of such proposition, all the powers, duties and responsibilities, of such separate boards are transferred to the municipal board, and all property, records, books and papers in the possession of such separate boards shall, within fifteen days after such con- solidation, be delivered to the municipal board. If the village has only one of the boards provided in this article, the powers and responsibilities of one or more other boards, named therein, may be conferred upon such existing board by the adoption of & j/roposition therefor at an annual election, and thereupon such 46 The Village Laws of !New York existing board shall possess all the powers and responsibilities of such other board or commission consolidated with it, and shall thereafter be known as the municipal board of the village. If on March the fifteenth, nineteen hundred and five, a village had a municipal board consisting of three members, a proposition for establishing therein a municipal board to consist of five members may be adopted, and thereupon the board of trustees shall ap- point the two additional members of such board for such terms that the term of one member of such board will expire each year. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 67, as amended by L. 1905, Oh. 66. § 65. Continuance of separate boards. If a village now has a separate board of fire, water, light, sewer or cemetery commissioners, such commissioners shall continue in office during their respective terms, and no commissioners shall be hereafter appointed until the whole number be reduced by expiration of term or otherwise to less than three, except that in a village of the third class the commissioner or commissioners last appointed shall cease to be a commissioner from and after the passage of this act, until the number be reduced to three, except that if a village of the first or second class now has a board of commissioners composed of five members, such number shall be continued. All such commissioners shall hereafter be ap- pointed by the board of trustees; and the terms shall be so adjusted that one shall expire each official year. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 68, as amended by L. 1898, Ch. 668. This section was new in former Village Law. § 66. Continuance of municipal board. A municipal board or commission heretofore created and exist- ing in a village under a general law when this chapter takes effect is continued, and one member of such board or commission shall be appointed by the board of trustees each year for a full term, as provided by the law relating to such board or commission in force on the day next preceding the day when this chapter takes effect, and such terms are hereby established as the terms for the members of si>ch board or commission under this chapter. The Village Laws of New York 47 Such municipal board or commission so continued shall possess all the powers and responsibilities and be subject to all the duties and liabilities herein conferred or imposed upon the several sepa- rate boards named in this article, except boards of cemetery commissioners. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 69. This section was new in former Village Law. Village Board of Health is a municipal board. Kept, of Atty.-Gen. (1898), 202. § 67. Abolition of separate or municipal boards. A separate board of fire, water, light, sewer or cemetery com- missioners, or a municipal board, may be abolished by adopting a proposition therefor at an election. The abolition of such a board shall take effect immediately upon filing a certificate show- ing the adoption of the proposition. Within ten days after such certificate is filed, the board shall deliver to the clerk of the vil- lage its records, books and papers ; and shall also within the same time deliver to the treasurer all funds, and to the president all other property in its possession or under its control, belonging to the department. Derivation. Former Village Laws (L. 1897,- Ch. 414) , sec. 70. This section was new in former Village Law. Editor's note. Upon the abolition of a separate or municipal board, the board of trustees reassumes all the powers and duties of such board, as prescribed by this chapter. § 68. Books and papers to be open to inspection. All books, papers and records relating to village affairs kept by any board or officer shall be open to inspection at all reason- able hours by every inhabitant of the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 71; originally revised from L. 1870, Ch. 291, tit. 5, sec. 2, as amended by L. 1891, Ch. 160, in part, extended to all village officers. Under former law a private or personal interest must be shown in order to warrant inspection. People v. Cornell, 35 How. Pr. 31 (1868). The force of this decision is probably superseded by section 68. 48 The Village Laws of New Yobk AETICLE IV. Powers, Duties and Compensation of Officees. Section 80. President. 81. Treasurer. 82. Clerk. 83. Franchises; filing; duty of clerk. 84. Street commissioner. 85. Board of health. 86. Compensation and duties of village officers not otherwise pre- scribed. 87. Meetings of the board of trustees. 88. Presiding officer and rules of proceedings. 89. General powers of the board of trustees. 90. Village ordinances. 90a. Building and sanitary codes. 91. Licensing occupations. 92. Definition of village ordinances. 93. Violation of ordinances. 94. Approval by board of trustees of ordinances of separate board. 95. When ordinances to take effect. § 8o. President. The president of a village is its executive officer and the head of its police- force. It is his duty to see that the provisions of this chapter, and th& resolutions and ordinances of the local board of trustees, are enforced, to cause all offenses created thereby to be prosecuted, to institute civil actions. in the corporate name of the village for penalties recoverable by the village, to exercise supervision over the conduct of the police and other subordinate officers of the village, and to recommend to the board of trustees such meas- ures as he may think necessary. If the president he absent or unable to per- form the duties of his office, the trustees shall appoint one of their number to act as president, who, during the absence or inability of the president, is- vested with all the powers and may perform all the duties of the president. If he be the president of a village incorporated prior to July eighteenth, nineteen hundred and seven, he shall cause to be prepared an outline map and description of the corporate limits of such village, which map shall be drawn or traced in black India ink on tracing cloth, which map and descrip- tion shall be certified by him as true and correct, and transmitted to, and filed by the secretary of state as a. record of his office. Within sixty days after this act becomes a law it shall be the duty of the secretary of state to notify the president of each of the villages herein designated to file with him within sixty days after such notification such map and description as herein required. The cost of preparing such outline map and description shall be a proper charge in the maintenance of the government of the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 80; originally- revised from L. 1870, Ch. 291, tit. 5, sec. 1; L. 1870, Ch. 291, tit. 8 sec 6 Amended by L. 1911, Ch. 205. Cross references. President presides over board, see post, sec. 88; issues- licenses, see post, sec. 91 ; sign bonds, see post, sec. 129 ; has charge of prop- erty purchased, etc., see post, sec. 124; may act as policeman, see post, sec. 188. See Bender's Health Officers' Manual, also Joyce on Nuisance. The Village Laws of New Yoek 49 Revisers' note (1897). The requirement that the president shall cause all offenses to be prosecuted and civil actions instituted in the corporate name of the village is new as an express statutory provision, but it is doubtles3 implied in the original law. Laws 1870, chapter 291, title VIII, section 6, provides that all actions, etc., shall be in the corporate name of the village. . Charter amendment providing that president shall appoint the sewer, water and street commissioners is not invalid as depriving the people of the right of local self-government. Scott v. Village of Saratoga Springs, 115 N. Y. Supp. 796 (1909). Where president employs surveyor and the village accepts his services and agrees to pay therefore, it is liable to him for his fee. Kent v. Village of North Tarrytown, 50 App. Div. 502 (1900). Common Council may remove president for cause, and in the absence of any statutory prohibition may do so by a majority vote. Armatage v. Fisher, 74 Hun, 167 (1893). § 81. Treasurer. The treasurer of a village is its chief fiscal officer. He shall receive all moneys belonging to the village, and keep an accurate account of all receipts and expenditures thereof, showing the funds for which, and the persons from whom, such moneys are received, and the funds from which, and the persons to whom, such moneys are paid. He shall deposit all moneys received by him in the banks designated by the board of trustees, subject to his check, as treasurer. Interest on village money belongs to the village, and must be credited by the treasurer to the proper fund. No money shall be paid from the treasury of the village, except in pursuance of a judgment or order of a court, or an audit and allowance by the board of trustees, and an order desig- nating the fund, signed by the president and countersigned by the clerk, or by an order of a board of commissioners of the vil- lage, upon a fund within its jurisdiction. The treasurer shall not draw any money so deposited by him, except in pursuance of such judgment or order. He shall report, in writing, to the board of trustees when requested, the amount of money received by him since his last report, the sources thereof, and the true state of the treasury, which reports shall be filed with the village clerk. He shall, on or before the fifth day of March in each year, file with the village clerk an accurate, detailed and verified statement, showing all moneys paid into the village treasury dur- ing the previous fiscal year, the persons by whom, and the funds for which, the same were paid, all expenditures from the treasury 50 The Village Laws of New York during such year, the persons to whom, and the funds from which, such moneys were paid, the balance in the treasury to the credit of each fund at the commencement and at the end of the fiscal year, and all indebtedness of the village outstanding, to whom, so far as practicable, the same is owing, upon what account, and when payable. The treasurer shall make such further reports as may be required by the board of trustees. IXerivation. Former Village Laws (L. 1897, Ch. 414), sec. 81; originally revised from L. 1870, Ch. 291, tit. 5, see. 2, as amended by L. 1891, Ch. 169. Cross references. Fiscal year, see post, sec. 100; 'publication of annual report, see post, sec. 102; treasurer acts as receiver of taxes in certain villages, see post, sec. 117; misappropriations and false accounts, see Penal Law, sees. 1865, 1866; presentation of claim before action, see post, sec. 341. Revisers' note (i8g7). This section expressly requires the treasurer to act as the fiscal officer of the village, and receive all moneys belonging to the village from whatever source derived. This modifies the original law, which, in certain cases, requires the board of water commissioners or other board, to receive and expend the funds belonging to that account. This section requires a separate account to be kept of the funds applicable to the par- ticular purpose. The treasurer is required to make a report of the financial condition of the village and file the same in the office of the clerk on or before the 5th day of March in each year, the fiscal year of the village being fixed by section 100 as ending the last day of February. Under the original law, the treasurer is required to exhibit to the board of trustees, at least fifteen days before the annual election in each year, a full account of the village finances. It seems better that this report should be filed with the clerk, and open to public inspection until the day of election. It is required to be published as part of the annual financial statement. See § 102. Chief fiscal officer is treasurer and not board of trustees. Fisher v. Vil- lage of Courtland, 42 Hun, 173 (1886) ; Gage v. Village of Hornellsville, 106 N. Y. 667 (1887); Dressell v. City of Kingston, 32 Hun, 526 (1884); but see Mark v. Village of West Troy, 69 Hun, 442; 23 N. Y. Supp. 422 (1893). Where charter required presentation to board of trustees. Village treasurer is not a member of the board of trustees, and is not authorized to make contracts on behalf of the village. Matter of Village of Kenmore, 59 Misc. 388 (1908), 110 N. Y. Supp. 1008. Treasurer of board of water commissioners is not the proper person to present with notice of claim against the village even though the original contract was made through the board of which he is a member. King v. Randolph, 28 App. Div. 25 (1898), 50 ST. Y. Supp. 902. Treasurer cannot deduct personal debt from a claim he is directed to pay. Tobin v. Kage, 64 Hun, 531 (1892), 19 N. Y. Supp. 440. § 82. Clerk. The clerk of each village shall, subject to the direction and control of the board of trustees, have the custody of the corporate The Village Laws of New Yoek 51 seal, and of the books, records and papers of the village, and of all the official reports and communications to the board. He shall act as clerk of the board of trustees, and of each board of village officers, and keep a record of their proceedings; he shall keep an indexed record, in a separate book, of all village ordi- nances; he shall keep an accurate account of all orders drawn on the treasurer of the village, showing the persons to whom, and the fund from which, the amount of each order is to be paid. He shall, at all reasonable hours, on demand of any person, produce for inspection the books, records and papers of his office, and shall furnish a copy of any portion thereof, certified in the proper form to be read in evidence, upon the payment of his fees there- for, at the rate of six cents per folio. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 82; originally- revised from L. 1870, Ch. 291, tit. 3, sec. 3; tit. 8, sec. 13, but mostly new. Cross references. Deputy clerks, see Ante, sec. 43; powers of deputies,, see Public Officers Law, sec. 9; Recording with typewriter authorized, see Public Officer's Law, sec. 65; taking unlawful fees or rewards, see Penal Laws, sec. 1826. Revisers' note (1897). Chap. 291 which provides that the trustees shall have the custody of the records and papers and seal belonging to the cor- poration. There is nothing in the act of 1870 defining the general powers of the clerk. This section is, therefore, new as an express provision. The act of 1847 (chap. 426, § 71) defines the power of a clerk more fully than the act of 1870. The clerk is required by this section to act as the clerk of each village board, in the same manner as the treasurer is required to act as treasurer of each of such boards. The water commissioners are now authorized by Laws 1875 (chap. 181, § 3) to appoint from their number a secretary. The sewer commissioners are authorized by the act of 1889 (chap. 375, § 2) to appoint a clerk to be paid a salary not exceeding two hundred dollars a year. Village clerk may act as clerk of the Board of Health. Rept. of Atty.-Gen. (1898), 214. Village clerk is now ex officio registrar of vital statistics for the Board of Health. Rept. of Atty.-Gen. (1899), 315. The clerk of the village is made by statute the clerk of the board of trus- tees and it is his duty to keep a record of their proceedings. People v. Shaw, 34 App. Div. 61 (1898). Extra compensation may be given a clerk for services not incident to his office, although as a. general rule such officers are bound to perform the duties of their office for the compensation provided by law. Matter of Vil- lage of Kenmore, 59 Misc. 388 (1908), 110 N. Y. Supp. 1008. A village clerk is not required to act as registrar of vital statistics with- out appointment or designation by the village board of health. Rept. of Atty.-Gen. (1911), Vol. 2, p. 622. § 83. Franchises ; filing ; duty of clerk. Duplicate originals of every resolution, certificate or other in- strument whereby a village, or any board or officer thereof, grants £2 The Village Laws of Xew Yoke: a franchise, including a privilege or consent of any kind, to a public service corporation shall he executed and deposited with the village clerk; and such franchise shall not be operative for anj purpose until so executed and deposited. The village clerk, upon receiving the same, shall file one such duplicate in his office with the records and papers of the village and shall immediately cause the other to be filed in the office of the clerk of the county in which the village is situated. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 82a, as added by L. 1906, Ch. 397. Failure, to affix seal. Where it is the duty of the clerk of the common council of a municipal corporation to affix his signature and seal of the city to a lease duly executed by the officials designated by the statute to make the lease, his failure to do so cannot alter the contract into which the city has thus entered with the lessees. Mayor, etc., of New York v. Fulton, Market Fishmongers' Ass'n., 3 How. Pr. (N. C), 491 (1886). § 84. Street commissioner. Under the direction and supervision of the board of trustees, the street commissioner of a village has supervision and charge of the construction, improvement and repair of the public grounds, squares, parks, streets, walks, culverts, wells, and of such other property of the village as the board may determine; and may employ the requisite laborers, and direct them as to the time and manner of the execution of their work. He shall certify to the board of trustees, when required, the names of all persons who have been so employed, the rate of compensation and their term of service. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 83. This section was new in former Village Law. Cross references. Has power of policeman, see post, sec. 188. Street commissioner not personally liable for injuries from defective streets, it not appearing that there had been any direction on the part of the board of trustees that repairs were needed. Hungerford v. Village of Waverly 1?5 App. Div. 311 (1908), 109 N. Y. Supp. 438. Complaint alleging that it is the duty of the street commissioner to keep the streets in repair, states only a conclusion of law which is not admitted by demurrer. Hungerford v. Village of Waverly, 125 App. Div 311 (1908) 109 N. Y. Supp. 438. Formal commission unnecessary for office of street commissioner Cotanch v. Grover, 57 Hun, 272 (1890), 10 N. Y. Supp. 754. Commissioner performing duties of office becomes a de facto officer Cotanch v. Grover. 57 Hun, 272 (1890). The authority of the street commissioner must be exercised under the direc- tion and supervision of the board of trustees. Rept. of Atty.-Gen Apr 20 1911. The Village Laws of New Yoke 53 § 85. Board of Health. The board of health of each village shall have all the powers, and be sub- ject to all the duties, provided by the public health law. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 84. This section was new in former Village Law. Cross references. Powers and duties of the Board of Health, see Public Health Law, sees. 20-50; powers of municipalities over, see Joyce on Nuis- ances, sec. 331 ; for general treatment of subject, see Parker and Worthington on Public Health and Safety. May employ persons necessary to carry out the duties of the department for some definite period. Kent v. Village of North Tarrytown, 50 App. Div. 002 (1900). Members of Board of Health are village officers and the manner of their ■election and appointment is governed by the Village Law. People v. Scott, 31 Misc. 131 (1900), 64 N. Y. Supp. 970, aff'd 57 App. Div. 630. Cannot retain counsel to perform legal work which lies within the province of the village attorney. Reynolds v. Village of Ossining, 102 App Div. 298 (1905). Lack of funds on the part of the board of health at the time the services were rendered does not constitute a defense to an action brought against the village to recover for such services. Kent v. Village of North Tarrytown, 50 App. Div. 502 (1900). § 86. Compensation and duties of village officers not otherwise prescribed. Except as provided in this section the president and trustees, and the fire, water, light, sewer and cemetery commissioners, shall serve without com- pensation, but the members of the board of trustees shall be entitled to the compensation fixed by law for inspectors of election when acting as such, and to the same compensation as town assessors for each day actually and necessarily spent by them in making the village assessment. The board of trustees of a village incorporated under and subject to this chapter or to a special law may, upon its own motion, and shall, upon the petition of twenty- five electors of such village qualified as provided by this chapter to vote upon a proposition, cause to be submitted at a village election a proposition to fix the compensation of the president or of the trustees or of the fire, water, light, sewer or cemetery commissioners of such village at an amount specified in such proposition. Only persons who possess the qualifications prescribed in this chapter for voters upon a proposition shall be entitled to vote upon such proposition. If such proposition be adopted the salary of the officer or of- ficers shall be doomed fixed in accordance with the amount specified therein, Tbut a proposition may be submitted in like manner at a. subsequent election either changing the amount fixed by such resolution or providing that such officer or officers shall thereafter receive no compensation for services. A village may, on the adoption of a proposition therefor, determine that the compensation of the collector of such village shall be fixed by the board of trustees; after which determination the collector in said village shall not collect or receive fees. The board of trustees may fix the compensation and further declare the powers and duties of all other village officers or boards and may require any officer or board of the village to furnish reports, estimates or other informa- tion relating to any matter within his or its jurisdiction. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 85; originally revised from L. 1870, Ch. 291, tit. 3, sec. 3, subd. 1 ; tit. 8, sec. 26, as amended by L. 1883, Ch. 459, L. 1875, Ch. 181, sec. 11; L. 1889, Ch. 375, sec. 2, as amended by L. 1891, Ch. 306; L. 1895, Ch. 430; amended by L. 1911, Ch. 66; L. 1913, Ch. 61, in effect March 6, 1913. Cross references. Compensation of town inspectors and assessors, see Town Law, sec. 85; cannot act as inspector where candidate, see Election Law, sec. 302. 54 The Village Laws of Sew Yoek Village trustees acting as inspectors of election are entitled to compensa- tion at the rate of two dollars a day, where the board of supervisors has not established a higher rate. Matter of Village of Kenmore, 59 Misc. 388 (1908), 110 N. Y. Supp. 1008. Village officers are agents with limited powers and cannot bind the cor- poration by any act or contract not authorized by the authority conferred upon them. Village of Fort Edward v. Fish, 86 Hun, 548 (1895), 33 N. Y. Supp. 784; aff'd 156 N. Y. 363. § 87. Meetings of the board of trustees. The president and the trustees of a village shall constitute the 'board of trustees thereof. The board shall meet at seven o'clock in the afternoon on the Monday following the annual election, and such meeting is known as tbe annual meeting of the board. The board shall hold other regular meetings at such times and places in the village as it shall, by resolution, provide. Special meet- ings may be called by the president or by any two trustees, by causing a written notice, specifying the time and place thereof, to be served upon each member of the board, personally, at least one hour, or by leaving a notice at his residence or place of busi- ness with some person of suitable age and discretion, at least twenty-four hours, before the time of meeting. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 86; originally revised from L. 1870, Ch. 291, tit. 3, see. 1. Cross references. Notice of meeting of board, see post, Form 29. Revisers' note (1897). L. 1870, chap. 291, tit. HI, § 1; R,. S., 9th ed., 2274, which provides that special meetings may be called by the president or by the clerk on the written request of two trustees. This section author- izes a special meeting to be called by the president or by two trustees. The provision authorizing a substitute service twenty-four hours before the time of meeting, new. Otherwise, there is no change of substance. § 88. Presiding officer and rules of proceedings. The president of the village shall preside at the meetings of the board of trustees, and shall have a vote upon all matters and questions coming before tbe board. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn and compel the attendance of absent mem- bers. Whenever required by a member of the board, the vote upon any question shall be taken by ayes and noes, and the names of the. members present and their votes shall be entered in the minutes. The board may determine the rules of its procedure and may compel the attendance of absent members by the entry The Village Laws of New York 5'o of a resolution in the minutes, directing any peace officer resid- ing within the village, to arrest such absent member and take him before the board of trustees to answer for his neglect. A copy of the resolution, certified by the clerk of the village, shall be sufficient authority to any peace officer residing in the village, to arrest such absent member and bring him before the board. Derivation. Former Village Laws (L. 1897, Cli. 414), sec. 87; originally- revised from L. 1870, Ch. 291, tit. 3, see. 2; tit. 8, sec. 13. Last two sentences new. Cross references. Powers of majority, see General Construction Law, sec. 41; resolution for arrest, see post, Form 30. § 89. General powers of the board of trustees. The board of trustees of a village : 1. Village property and finances. — Has the management and control of the finances and property of the village, except such as may be under the jurisdiction of the board of health, fire, water, light, sewer or cemetery commissioners, or other boards or officers of the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 88,' subd. 1; originally revised from L. 1870, Ch. 291, tit. 3, sec. 3. The board of trustees is a creation of statute and has no inherent powers save those that are derived therefrom. In Matter of Market Street, 76 Hun, 85 (1894). Members have no power to act as a board except when together in session. People v. Shaw, 34 App. Div. 61 (1898). Single trustee cannot waive condition upon which the liability of the vil- lage depends. Hungerford v. Village of Waverly, 125 App. Div. 311 (190a), 109 N. Y. Supp. 438. Premiums on official bonds. Board of trustees has no power to authorize such payment out of the village treasury. Matter of Village of Kenmore, 59 Misc. 388 (19u8), 110 N. Y. Supp. 1008. Cannot authorize purchase of fire works for a public entertainment, and use the public funds therefor, without express legislative authority. Matter of Village of Kenmore, 59 Misc. 388 (1908), 110 N. Y. Supp. 1008. Discretionary powers devolving on the governing body of a municipal cor- poration cannot be delegated. Birdsall v. Clark, 73 N. Y. 73 (1878) ; Village of Hillerman, 7S Hun, 317 (1893) ; compare, Edwards v. City of Watertown, 24 Hun, 426 (1881); such powers will not be reviewed where all the proceed- ings are regular and no formalitv requisite to firial action was omitted. Adamson v. Nassau, etc., E. Co., 89' Hun, 261 (1895), 34 N. Y. Supp. 1073. Trustees of a village have no right to enter into contracts with each otl:er at the expense of those for whom they are acting and whose interests they are bound to protect. The illegality of such contracts does not depend upon statutory enactments, but is a principle of the common law. Matter of Moran (1911), 145 App. Div. 642, 131 N. Y. Supp. 438. Right to insure itself and its employees. A village has no legal right to insure its employees against accident or to insure itself against liability for accidents arising from slippery or defective sidewalks and pay premium out of the funds of the village. Kept, of Atty.-Gen., Feb. 21, 1912. 2. Buildings to be kept in repair and insured. — Shall keep all buildings and other property of the village in repair, and may cause the same to be insured against loss or damage by fire. SO The Village Laws of New Yoke: Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 88, subd. 2; •originally revised from L. 1870, Ch. 291, tit. 3, sec. 3, subd. 25, as amended by L. 1893, Ch. 212. Cross references. Insurance, see General Municipal Law, sec. 78. Revisers' note (1897). L. 1870, chap. 291, tit. Ill, sec. 3; It. S., 9th ed., 2275, L. 1870, chap. 291, tit. Ill, sec. 3, subd. 25; R. S., 9th ed., 2278. No substantial •change is made by this subdivision. 3. Village lands. — May purchase, hold and convey real prop- erty in the name of the village, but only after the adoption of a proposition therefor at a village election. Every conveyance by the village shall be executed in its corporate name, by the presi- dent, in pursuance of a resolution of the board of trustees. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 88, subd. 3; originally revised from L. 1870, Ch. 291, tit. 8, sec. 4. Revisers' note (1897). The first part of the section is new, as an express provision. Municipal corporations when not restrained by statute have the inherent right to sell and convey property upon which no trust is imposed. Kings, rivstion. Former Village Laws (L. 1897, Ch. 414), sec. 93. This section was new in former Village Law. 78 The Village Laws of Xew ¥"oek § 95- When ordinances to take effect. Every ordinance hereafter adopted or approved by the board of trustees of a village, shall be entered in its minutes, and pub- lished in the official paper of the village, and also in each other newspaper actually printed in the village, once each week for two consecutive weeks, and a printed copy thereof posted con- spicuously in at least three public places in the village for at least ten days before the same shall take effect, and an affidavit of the publication and posting thereof shall be filed with the clerk. But such an ordinance shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the village clerk under the corporate seal of the village, and showing the date of its passage and entry in the minutes. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 94; originally revised from L. 1870, Ch. 291, tit. 3, sec. 3, subd. 27, in part. Revisers' note (1897). The original law provides that ordinances shall be posted in three public places in the village ten days before they take effect. There seems to be no reason why it should not take effect immediately against a person receiving personal notice. An ordinance may be passed to suppress a practice which is of daily occurrence, disturbing the peace and good order of the community. Ordinances take effect according to the statute and time cannot be reduced by provision therein. Village of Watkins v. Hillerman, 73 Hun, 317 (1893). Publication necessary before ordinance goes into effect. Kneik v. People, 6 Hun, 238 (1875). Board of trustees should fix time of publication and cannot delegate its discretion to the clerk. Village of Watkins v. Hillerman, 73 Hun, 317 (1893). Municipal ordinance presumed to continue in force until the contrary is shown. Burke v. City, etc., Co., 117 N. Y. Supp. 400 (1909). The Village' Laws of New Yoke 7S> AETICLE V. Finances. Section 100. Fiscal year. 101. Village funds. 102. Annual financial statement. 103. Poll tax. 104. Annual assessment-roll. 105. Meeting of assessors to hear complaints. 106. Completion and verification of assessment-roll. 107. Failure to hold meeting. 108. Notice of completion of annual assessment-roll. 109. Certiorari to review assessment. 110. Annual tax levy. 111. Special assessment and levy. 112. Lien of tax. 113. Lien of assessment for local improvement. 114. Warrant of collector. 115. Collection of taxes by collector. 116. Return of collector; payment of taxes to treasurer. 117. Collection of taxes by treasurer. 118. Return and assessment-roll as evidence. 119. When real property to be sold for unpaid taxes. 120. Notice of sale. 121. Certificate of sale. 122. Purchaser entitled to possession. 123. Enforcement of right to possession. 124. Village may bid in property; rights of village. 125. Redemption from sale by owner. 126. Actions to recover unpaid taxes. 127. Investment of sinking funds. 128: Borrowing money generally. 129. Bonds or other obligations. 130. Limitation of indebtedness. 131. Second election upon proposition to raise money. 132. Exemption from taxation of firemen and fire companies. 133. Absolute sales for non-payment of taxes. 134. Action to recover on tax certificate in certain villages. 135. Practice and pleading in suoh action; parties; determination of rights of all parties; sale and disposition of proceeds. 136. Validity of tax certificate as evidence. 137. Nature of remedy; effect of judgments. 138. Duties of village treasurer; costs. § ioo. Fiscal year. The fiscal year begins on the first day of the calendar month in which the annual election is to be held as provided in section fifty-five of this act and ends on the last day of the calendar month preceding such annual election. No expenditures shall be made, nor indebtedness incurred, by the village, during the See dimming & Webster's New York Tax Law, also Gilbert's Supervisor's County and Town Officers' Manual. 80 The Village Laws of New Yobk first month of the fiscal year, except for current expenses. The term " assessors " as used in this article includes the board of trustees of a village which has no separate board of assessors. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 100. Amended by L. 1909, Ch. 472, in effect March 1, 1910. This section was new in former Village Law. Cross references. Election of assessors, see ante, sec. 48. § ioi. Village funds. Village funds are classified as follows: 1. The street fund, composed of the poll tax, and all moneys received from taxation or otherwise for the construction, care or maintenance of bridges, streets, crosswalks or sidewalks, the pav- ing and grading of streets, and for the care and maintenance of public parks and squares. 2. The water fund, composed of all money received from taxa- tion or otherwise for supplying the village with water under a contract therefor, or for the purchase, acquisition, construction, care, extension or maintenance of a water-works system, all water rents, all sums received from assessments for fire protection or for the sale of water to be used outside the village, and penalties recovered for violations of the ordinances of the department 3. The light fund, composed of all moneys received from taxa- tion or otherwise for supplying the village with light under a con- tract therefor, or for the purchase, acquisition, construction, care, extension or maintenance of a lighting system, light rents and penalties recovered for violations of the ordinances of the de- partment. 4. The sewer fund, composed of all moneys received from taxa- tion or otherwise for the construction, care, extension and main- tenance of a sewer or a sewer system, or for the purchase or acquisition of real property therefor. 5. The cemetery fund, composed of all moneys received from taxation or otherwise for the purchase, acquisition, construction, care and maintenance of a cemetery, all moneys received from the sale or use of cemetery lots, and all penalties recovered for viola- tions of the ordinances of the department. 6. The water sinking fund, composed of all sums set apart by the board of water commissioners for that purpose, with all in- terest or other income thereon. The Village Laws of New Yoex 81 1. The light sinking fund, composed of all sums set apart by the board of light commissioners for that purpose, with all in- terest or other income thereon. 8. The general fund, composed of all moneys received from taxation or otherwise for a purpose not specified in either of the foregoing subdivisions, nor included in any other fund. 9. A special fund may also be created from time to time, com- posed of a sum set apart as directed by a proposition, or by the board of trustees, for a purpose not otherwise specified in this section. "When all charges against such special fund have been paid, the surplus, if any, may be transferred to the general fund. Expenditures for a purpose specified in either subdivision must be made from the fund therein described. The expense of ac- quiring real property for the laying out, alteration or widening of a street, or for a public park or square, and the compensation therefor, are a charge upon the general fund. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 101. This section was new in former Village Law. Cross references. Investment of sinking fund, see post, see. 127. Editor's 1 mote. This section makes no express provision for a, fire fund or a police fund. If desired, however, such a fund could probably be estab- lished under subdivision 9 as a special fund. § 102. Annual financial statement. The board of trustees shall, after the close of each fiscal year, and at least ten days before the next annual election, make a statement of the total amount of village taxes estimated by them as necessary to be raised during the then next fiscal year, speci- fying the amount for each fund. The board shall cause the annual report of the treasurer for the last preceding fiscal year and such statement made by them, to be published and posted for at least one week prior to the annual election, in the same manner as the notice of such annual election. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 102; originally revised from L. 1870, Ch. 291, tit. 3, sec. 11, as amended by L. 1891, Ch. 160. Cross references. Beport of treasurer, see ante, sec. 81. Revisers' note (1897). Under section 11 of title III of the act of 1870, the trustees are to make a statement of the expenditures, etc., during the pre- ceding fiscal year. Under the revision section 81 the treasurer is to make such statement. It is, therefore, provided by section 102 of the revision, that the board of trustees shall make a statement of the amount estimated by 82 The Village Laws of New York them as necessary for the ensuing year, and is also required to post and publish therewith the statement of the treasurer. Under section 11 of title II of the act of 1870, such statement is required to be published at least fifteen days before the election. As the election occurs on the third Tuesday in the month, which may be on the 15th, and the fiscal year, under the plan of the revision, ends on the last day of February, there will not be sufficient time for such publication, which is fixed by section 102 of the revision at one week. § 103. Poll tax. Unless a village decides not to impose a poll tax, all men, be- tween the ages of twenty-one and seventy years, residing in the village, are liable to an annual poll tax of one dollar, except exempt firemen, active members of the fire department of the vil- lage, honorably discharged soldiers and sailors, who lost an arm or a leg in the service of the United States during the late war. or who are unable to perform manual labor by reason of injury received or disabilities incurred in such service, clergymen and priests of every denomination, paupers, idiots and lunatics. Xo personal property is exempt from levy and sale in the collection of a poll tax or the penalty for the non-payment thereof, either upon a village tax warrant or upon an execution issued upon a judgment for the recovery of such poll tax or penalty. The board of trustees of a village may adopt ordinances not incon- sistent with law for the enforcing of the collection of such poll tax by action, or may provide by ordinance for the imposition of a penalty in case of a failure to pay such poll tax. A proposition may be adopted at an annual election to the effect that no poll tax be thereafter imposed in the village. Such proposition may be revoked at an annual election, and if revoked, the poll tax shall be imposed as if the proposition for exemption had not been adopted. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 103, as amended by L. 1905, Ch. 498; originally revised from L. 1870, Ch. 291, tit. 3, sec. 16, in part, as amended by L. 1876, Ch. 317. Revisers' note (1897). This section adds to the list of exemptions the per- sons who are exempt under the Highway Law, section 33, from a poll tax in towns. It also extends the age limitation from sixty to seventy years, in harmony with the Town Law. Editor's note. The Legislature amended this section so as to allow a village to determine not to impose a poll tax. The Village Laws of New York 83 § 104. Annual assessment-roll. The assessors of a village shall, on or before the first Tuesday of the fourth month of the fiscal year, if a village of the first or second class, and on or before the first Tuesday of the third month of the fiscal year, if a village of the third or fourth class, prepare an assessment-roll of the persons and property taxable within the village in the same manner and form as is required by law for the preparation of a town assessment-roll. They shall also enter on such roll the names of all persons liable to a poll tax. The assessors of a village of the third or fourth class, in- cluded wholly within a town, and in any village wholly within a town where no assessors are elected or appointed, the trustees acting as assessors, may, and upon the adoption of a proposition therefor at an annual election, shall adopt the assessment-roll of the town of the last preceding year as the basis of their assess- ment, so far as practicable. If such town roll be adopted the assessors shall copy therefrom a description of all real property of the village and the value thereof as the same appears thereon ; also all personal property and the value thereof assessed on such town roll to residents of the village, or to corporations taxable therefor therein, together with the names of the persons or cor- porations, respectively, to which such real or personal property is or should be assessed. Where the town assessment-roll is adopted and the valuation of any taxable property can not be ascertained therefrom, or where the value of such property shall have increased or diminished since the last assessment-roll of the town was completed, or an error, mistake or omission on the part of the town assessors shall have been made in the description or valuation of taxable property, the assessors shall ascertain the true value of the property to be taxed from the best evidence available. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 104, as amended by L. 1905, Ch. 300; originally revised from L. 1870, Ch. 291, tit. 6, sec. 1, as amended by L. 1889, Ch. 246; amended by L. 1909, Ch. 472, in effect March 1, 1910. Cross references. Form of assessment-roll, see post, Form 33; preparation of town roll, see Tax Law, sec. 21; exemption of gas and electric com- panies, see Transportation Corporation Law, sec. 61. Editor's note. This section was materially amended by the Legislature. As originally proposed, it required the town assessment-roll to be taken as the basis of assessment. The editors have not included in this compilation. 84 The Village Laws of Xsw Yoke: the provisions of the Tax Law in relation to the preparation of town assess- ment-rolls, upon the theory that assessors must be familiar with all the provisions of the Tax Law in relation to property taxable, exemptions, place of taxation, etc. For manner of assessing property belonging to the city of New York and located in a, village, see Laws of 1893, chap. 185. Laws of 1871, chapter 171, requires town assessors to separately assess real property lying partly within and partly without the village. The Transportation Corporations Law, section 61 (Laws of 1890, chap. 566), authorizes the municipal authorities of a. village to exempt a gas or electric company doing business in the village from taxation on its per- sonal property for a period of three years from the date of its organization. Power to assess real and personal property within the corporate limits, whether the owners of such property are residents or not, does not require assessment against the owner by name, but such property mav be assessed in the hands of an agent. People v. Willis, 133 N. Y. 383 (1892)". Village not a tax district within the definiton contained in the Tax Law (L. 1896, Ch. 908, sec. 2, subd. 1). People v. Gray, 185 N. Y. 196 (1908), rev'g 109 App. Div. 116; 95 N. Y. Supp. 825. Powers of village assessors not tthe same as that of town assessors, acting under a special law regarding a certain species of property. People v. Willis, 133 N. Y. 383 (1892). The question whether property is taxable must be determined as of the date when the assessment-roll is required to be prepared. People v. Keefe, 119 App. Div. 713 (1907), 104 N. Y. Supp. 154. Entry upon assessment-roll should describe property liable and the assess- ment will be void for want of adequate description. Noxon v. City of New Rochelle, 116 N. Y. Supp. 822 (1909), following Lawton v. City of New Roehelle, 114 App. Div. 883, 100 N. Y. Supp. 284; Allter v. Village of St. Johnsville, 130 App. Div. 297 (1909), 114 N. Y. Supp. 355. Assessment against firm name instead of the individual owner is too in- definite. Allter v. Village of St. Johnsville, 130 App. Div. 297 (1909), 114 N. Y. Supp. 355. Part of farm within village may be assessed as village property although the owner's residence is on that portion which lies without the village boun- daries. People v, Gray, 185 N. Y. 196 (1906), rev'g 109 App. Div. 116; 95 N. Y. Supp. 825. Assessors in villages of third class must complete, verify and file the assess- ment-roll on or before the second Tuesday in May, and they have no power thereafter to increase an assessment. Matter of the City of New York v. Smith, HI App. Div 407 (1901), 70 N. Y. Supp. 702. Action to vacate will not lie where assessment is void upon its face. Allter v. Village of St. Johnsville, 130 App. Div. 297 (1909), 114 N. Y. Supp. 355. Description of property. A village assessment-roll which describes property taxed merely as " House and Lot No. 54 " without referring to any authenti- cated record, map plot or the like, is fatally defective. Rupert v. Village of North Pelham (1910), 139 App. Div. 302, 123 N. Y. Supp. 944. Preparation of assessment-rolls. While the provisions of this section require assessors to prepare assessment rolls in substantially the same form as that provided for by section 21 of the Tax Law those columns which are manifestly inapplicable to villages may be omitted. Kept, of Atty.-Gen. (1911), Vol. 2, p. 639. § 105. Meeting of assessors to hear complaints. The assessors shall, in a village of the first or second class, at least one week before the first Tuesday of the fourth month of the fiscal year, and in a village of the third or fourth class, at least one week before the first Tuesday of the third month in the The Village Laws of New Yoke 85 fiscal year, cause a notice to be published in each newspaper pub- lished in the village, and posted in at least five conspicuous public places in the village, that on such first Tuesday of the fourth, or third month of the fiscal year, as the case may be, at a specified place and during four consecutive hours to be named, they will meet for the purpose of completing the assessment-roll, and of hearing and determining complaints in relation thereto, and they may adjourn such meeting from day to day, not later than Satur- day then next succeeding. A copy of such assessment-roll shall be deposited with the village clerk at least five days prior to such first Tuesday of the fourth or third month of the fiscal year, as the case may be, and shall be open for inspection by the in- habitants and taxpayers of such village at all times during busi- ness hours of such days. Village assessors possess all the powers and are subject to all the duties of town assessors in hearing and determining complaints as to assessments. If the village is one in which the assessment-roll is required to be prepared by copy- ing from the assessment-roll of the town, the assessors at such meeting shall not hear any complaint as to a valuation which has not been changed, except upon proof of a change in the property or in the ownership or valuation since the town assess- ment was completed. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 105, as amended T>y L. 1907, Ch. 158; originally revised from L. 1870, Ch. 291, tit. 6, sec. 3; amended by L. 1909, Ch. 472, in effect March 1, 1910. Cross references. Meeting to hear complaints, see Tax Law, sec. 37; notice of meeting to hear complaints, see post, Form 34; affidavit of application to correct assessment, see post, Form 35. Objections not presented at this time will not be considered on appeal. People v. Gray, 185 N. Y. 196 (1906), rev'g 109 App. Div. 116; 95 N. Y. Supp. 825. Taxpayer has right to notice and hearing before a valid tax can be imposed. Such right contemplates the opportunity to attend and be heard before the officers or board who impose the tax and adjust or correct the same. Trumbull v. Palmer, 104 App. Div. 51 (1905). Literal compliance with law requiring notice of time and place for review is not necessary where notice was in fact given. Bell v. City of Yonkers, 78 Hun, 196 (1894), 28 N. Y. Supp. 947. | 106. Completion and verification of assessment-roll. When the assessors, or a majority of them, shall have completed tke village assessment-roll, they shall severally make, subscribe 86 The Village Laws o? [New Yoek and attach to such roll, an oath, in substantially the same form as- is required of town assessors by the tax law, if such roll wa9 originally prepared by them; or if such roll was prepared by copying from the assessment-roll of the town, an oath, to the effect that such roll contains, to the best of their knowledge and belief, a true statement, of the property, persons and corporations liable to assessment and taxation within the village, as the same appears upon the assessment-roll of the town in which the village is situated, and, if in making such assessment the valuation of any property has been changed, or any new additional assessment has been made, that in changing such valuation or in making such new or additional assessment, they have estimated the value of the real estate at the sums which a majority of the assessors have decided to be the full value thereof, and that the personal prop- erty so assessed is assessed at the full value thereof, according- to their best knowledge and belief. The roll as so completed and verified shall be filed with the village clerk, on or before the second Tuesday in the fourth month of the fiscal year in villages of the first or second class, and on or before the second Tuesday in the third month of the fiscal year in villages of the third or fouxth class. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 106; originally revised from L. 1870, Ch. 291, tit. 6, sec. 3; amended L. 1909, Ch. 472, in effect March 1, 1910. Cross references. Oath to roll, where originally prepared by assessors, see post, Form 36; oath to roll, where copied from town roll, see post, Form 37; oath required of town assessors by Tax Law, see Tax Law, sec. 38. It is duty of board of trustees acting as such to complete the village assessment-roll. Village of Lpper Nyaek v. Jewett, 86 App. Div. 254 (1903),- 82 N. Y. Supp. 838; aff'd 181 N. Y. 514. Assessment-roll must be completed within the time provided by statute and the assessors have no power thereafter to increase an assessment. Matter of City of New York v. Smith, 61 App. Div. 407 (1901). Burden of proof that assessors did not take the proper oath before pro- ceeding to make the assessment rests upon the person seeking to invalidate the assessment on that ground. Hooker v. City of Rochester, 30 N. Y. Supp. 297 (1893). Assessment-roll including local improvement assessment is unauthorized as the assessment-roll and tax levy are entirely distinct. Allter v. Village of St. Johnsville, 130 App. Div. 297 (1909), 114 N. Y. Supp. 355. Assessment-roll when completed stands as a judgment, and so long as the same remains in force no action will lie to recover back a tax, even though payment was enforced by levy and sale of the property. Sherman v. Trustees of Clifton Springs, 27 Hun, 390 (1882). The Village Laws of New York 87 § 107. Failure to hold meeting. If the meeting for completing the village assessment-roll and hearing complaints in relation thereto is not held on the first Tuesday in the third or fourth month of the fiscal year, as the case may be, each of the assessors shall forfeit to the village ten dollars, and they shall, by resolution, fix another time therefor, and give notice thereof at least ten days prior thereto by pub- lication thereof, in the same manner as for the first meeting, and by posting copies thereof in at least five conspicuous places in the village. The assessors shall meet accordingly at the time and • place appointed, shall hear complaints, complete the assessment- roll, and file the same on or before the fourth day after such meeting, in the same manner as near as may be as if their annual meeting had been held as required by law. If the completed assessment-roll shall not be so filed on or before the fourth day after the meeting for completing the same and hearing com- plaints in relation thereto, in either case, the assessment shall not on that account be invalid, but such roll shall be filed in like manner as soon as may be thereafter and each assessor shall for- feit to the village five dollars for each day of such neglect. Derivation. Former Village Laws (L. 1879, Ch. 414), sec. 107. Amended by L. 1909, Ch. 472, in effect March 1, 1910. This section was new in former Village Law. § 108. Notice of completion of annual assessment-roll. After completing and filing the annual assessment-roll, and on or before the third Tuesday of June in villages of the first or second class, and on or before the third Tuesday in May in villages of the third or fourth class, the assessors shall cause notice thereof to be published at least once in the official paper, if any, and copies of such notice posted in not less than five public places in the vil- lage, specifying the date of filing, and that the same will remain on file with the clerk, subject to public inspection, for fifteen days after the date of such notice. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 108; originally revised from L. 1880, Ch. 269, sec. 9, in part, which was repealed by the Tax Law; amended by L. 1909, Ch. 472; L. 1913, Oh. 378. In effect Apr. 29, 1913. Cross references. Notice of completion of assessment-roll, see post, Form 38. SS The Village Laws of jSTew Yoek Village tax collector's warrant and his right to levy thereunder are not affected by the failure of the village assessors to post and publish, for fifteen days, the statutory notice relative to the completion and filing of the assess- ment-roll; and the warrant protects him, although he had notice of the failure of the assessors, and although the warrant was delivered to him forthwith and before the fifteen days had expired. Clark v. Smith, 31 Misc. 490 (1900). § 109. Certiorari to review assessment. An application for a writ of certiorari to review the assess- ment-roll may be made within such fifteen days in the manner provided by the tax law. Derivation-. Former Village Laws (L. 1897, Ch. 414), sec. 109; originally revised from L. 1880, Ch. 269, sees. 1, 9, repealed by Tax Law. Cross references. Proceedings for certiorari, see Tax Law, sees. 290-295. Objections not presented to the board of assessors on grievance day can- not be considered on appeal from an order affirming » judgment vacating an assessment in a certiorari proceeding under the Tax Law. People v. Gray, 185 N. Y. 196 (1906), rev'g 109 App. Div. 116; 95 N. Y. Supp. 825. Right of review by certiorari does not dispense with the original require- ments as to notice and hearing upon assessment. Trumbull v. Palmer, 104 App. Div. 51 (1905). This section is permissive in so far as it permits application to be made within fifteen days, but does not permit one to be made thereafter. People v. Dimond, 122 App. Div. 459 (1907), 106 N. Y. Supp. 832. Even where void assessment cannot be reviewed if petition is not pre- sented within fifteen days after completion of the roll. People v. Dimond, 122 App. Div. 459 (1907), 106 N. Y. Supp. 832. § no. Annual tax levy. Upon the expiration of such fifteen days, the hoard of trustees shall levy the tax for the current fiscal year, which must include the following items: 1. Such sums as shall have been authorized by the last pre- ceding annual election, or by a special election for which a special tax warrant has not been issued. 2. The total amount of the indebtedness of the village lawfully contracted, which will become due and payable during the current fiscal year. 3. Such sum as the board deems necessary in addition to the poll tax to meet the expenditures from the street fund for the current fiscal year, not exceeding one-half of one per centum of the total valuation of the property assessed upon the annual as- sessment-roll of the last preceding year. The Village Laws oe Nbw York 89 4. Such additional sums as shall be deemed necessary to meet all other expenditures of the village for the current fiscal year, not exceeding one-half of one per centum of such total valuation. 5. The poll tax. 6. In all villages which shall, pursuant to section fifty-two of •this act, hereafter adopt a proposition to hold their annual elec- tion in June, the board of trustees of such village shall in the first annual tax levy, after the adoption of such a proposition, in- clude such additional sums as shall be deemed necessary to meet all expenditures of the village for the period from March first to June first next preceding such annual tax levy, but not exceed- ing one-quarter of one per centum upon such total valuation, and in all villages which have heretofore adopted such a proposition, the board of trustees shall include in the first annual tax levy after this act takes effect, such additional sums as shall be deemed necessary to meet all expenditures of the village for the period from March first to June first next preceding, such annual tax levy, but not to exceed one-quarter of one per centum upon such total valuation. If by reason of an actual or alleged error or defect in the as- sessment-roll of the last preceding fiscal year, any taxes author- ized and intended to be levied thereby, are not paid, or if a special tax warrant has been returned and taxes levied therein remain unpaid, the amount thereof may be levied upon the same prop- erty or to the same person upon the annual assessment-roll of the current year. The tax roll shall be made in duplicate, and upon its completion, the clerk shall endorse upon each duplicate the date thereof. The completed assessment-roll shall be presumptive evidence of the facts therein stated. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 110; originally Tevised from L. 1870, Ch. 291, tit. 6, see. 1, as amended by L. 1889, Ch. 246; subdivision 6 added by L. 1909, Ch. 472, in effect March 1, 1910. Distinction between ordinary and extraordinary expenditures abolished. Cross references. Certificate to be included, see post, sec. 158; raising money for charitable institutions, see General Municipal Law, sec. 87. Vote of electors is a condition precedent to » levy of the taxes prescribed in subds. 2 to 5. Rept. of Atty.-Gen. (1903), 307. Strict construction. Statutes by which a power to levy an assessment and taxes is delegated must be strictly compdied with in every particular. Rept. of Atty.-Gen. (1895), 133. Failure to include in assessment-roll the annual poll tax required by sec- tion 103 (see ante), is a material violation of the Village Law, and renders 90 The Village Laws 'of New Yoek the tax levy void. Trumbull v. Palmer, 42 Misc. 628 (1905), 104 App. Div. 51- Village may tax property of existing water system to maintain a municipal water system. In re Beauty Springs, etc., Co., 118 N. Y. Supp. 659 (1909),. citing Skaneateles, etc., Co. v. Village of Skaneateles, 161 N. Y. 154. § in. Special assessment and levy. If the board of trustees is authorized by a special election to levy a special tax, the clerk shall forthwith prepare a copy of the annual assessment-roll, and the same shall be revised and cor- rected by the board of trustees as shall be just, for the purposes of the assessment of such tax upon the taxable property and per- sons of the village, and as so corrected and revised shall be filed with the clerk on or before the second Tuesday after such special election. Thereupon the like proceedings shall be taken, as nearly as may be, for completing such assessment-roll, hearing and deter- mining complaints in relation thereto, which must be on a notice- of not less than five nor more than ten days, filing the roll when completed, giving notice thereof, and levying the special tax so- authorized, as in the case of the annual assessment-roll and the levy of the annual tax. Derivation. Former Village Laws (L. 1897, Ch. 214), sec. Ill; originally revised from L. 1870, Ch. 291, tit. 6, sec. 2. § ii2. Lien of tax. An annual or special tax is a lien prior and superior to every other lien or claim, except the lien of an existing tax or local assessment, on real property upon which it is levied from the- date of the delivery to the collector of the warrant for the collec- tion thereof, until paid or otherwise satisfied or discharged. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 112; originally revised from L. 1870, Ch. 291, tit. 8, sec. 20. The provision that the tax shall be a superior lien was new in former Village Law. Tax is not imposed upon land but upon person on account of his ownership of land. Rundell v. Lakey, 40 N. Y. 513 (1869). Uncollected taxes become a lien against the land. Everson v. City of Syra- cuse, 29 Hun, 485 (1883). As tax is lien on real estate a taxpayer may maintain an action to have the assessment declared void as » cloud upon the title. Trumbull v. Palmer, 104 App. Div. 51 (1905). § 113. Lien of assessment for local improvement. An assessment for paving, sewers, fire protection, constructing or repairing sidewalks, sprinkling streets, trimming trees or The Village Laws of New Yoek &1 keeping sidewalks or streets cleared of weeds, ice, snow or other accumulations, is a lien prior and superior to every other lien or claim, except the lien of an existing tax or local assessment, upon the real property improved or benefited, from the date of the final determination of the amount thereof, until it is paid or other- wise satisfied or discharged. No real property is exempt from assessment for a purpose specified in this section, except as pro- vided in section five of chapter two hundred and seventy-three of the laws of eighteen hundred and sixty-six, entitled "An act -authorizing the incorporation of associations to erect monuments to perpetuate the memory of soldiers who fell in defense of the union," as amended by chapter two hundred and ninety-nine of the laws of eighteen hundred and eighty-eight. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 113, as amended by L. 1898, Ch. 539. This section was new under former Village Laws. The amendment of 1898 added the last sentence. Consolidator's note (igog). The reference in this section has been changed from "L. 1866, Ch. 273, sec. 5" to "Membership Corporation Law, sec. 171" because the act named was consolidated in Membership Corporation Law, sec. 171. Sidewalk assessment is superior lien to every other lien, excepting taxes or local assessments, from the date of the final determination until satisfied. Gouverneur Village v. Gouverneur, etc., Ass'n., 120 N. Y. Supp. 221 (1909). Land used as cemetery in village is liable for sidewalk assessments. Gou- verneur Village v. Gouverneur, etc., Ass'n., 120 N. Y. Supp. 221 (1909), S. C. 62 Misc. 534. | 114. Warrant to collector. Upon the completion of a tax levy the clerk shall deliver to the collector one of the duplicate rolls, with a warrant thereto annexed signed by the president and attested by the clerk, under the corporate, seal of the village, containing a summary statement of the purposes for which the taxes are levied, the amount thereof for each purpose, and the total amount for all purposes, and com- manding the collector to collect the taxes therein levied with his fees, and to return said warrant and roll to the clerk within sixty days after the date of the warrant, unless the time shall be ex- tended. The collector shall give a receipt to the clerk for the warrant and assessment-roll delivered to him. The board of trustees may extend the time for the return of the warrant thirty 92 The Village Laws of Hew Yoek days beyond the first sixty, and such extension shall not affeefc the validity of the bond given by the collector and his sureties. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 114; originally revised from L. 1870, Ch. 291, tit. 5, sec. 5, tit. 6, sec. 4; L. 1882, Ch. 226- Cross references. Collectors warrant, see post, Form 39. Warrant fatally defective where the amounts are written in by the clerk after it had been signed. Village of Upper Xyack v. Jewett, 86 App. Div. 254 (1903), 86 X. Y. Supp. 838; aff'd 181 N. Y. 514. Officer not protected where the assessment-roll and warrant show on their face that the tax was illegal and void; otherwise where no such defects appear. Sherman v. Trustees of Clifton Springs, 27 Hun, 390 (1882). Renewal of warrant without the consent of the sureties on the collector's bond will not discharge them as they must be deemed to have executed the bond with knowledge of the power of the trustees in this regard. Village of Olean v. King, 116 N. Y. 355 (1889). § 115. Collection of taxes by collector. Upon receiving the assessment-roll and warrant the collector shall cause a notice to be published at least once in the official pa- per, if any, and also in each other newspaper published in the vil- lage, and posted conspicuously in five public places in the village, stating that on six days specified therein, not less than nine nor more than twenty days after the publication and posting thereof, he will attend at a convenient place in the village, specified in the notice, for the purpose of receiving taxes. At least seven day* before the first date fixed in such notice, the collector shall serve a copy thereof upon each corporation named in or subject to taxa- tion upon the assessment-roll, and whose principal office is not in the village, by delivering such copy to a person designated by the corporation for that purpose by a written designation filed with: the village clerk, or to any person in the village acting as the agent or representative in any capacity of such corporation. If there is no such designated person or agent in the village, service of such; notice upon the corporation shall not be required. Any per- son or corporation paying taxes within twenty days from the date of the notice, shall be charged with one per centum thereon, and thereafter with five per centum, for the fees of the collector ; pro- vided that in a village in which the compensation of the collector- has been fixed by the board of trustees as provided in this act, the taxes may be paid within the said twenty days without additional charge and all taxes in such village remaining unpaid after the ex- piration of said twenty days shall be increased five per centum. If a notice is not served upon a corporation as herein required, the collector shall only be entitled to one per centum as his fees upon the taxes assessed against it. After the expiration of such twenty- days the collector shall proceed to collect the taxes remaining un- The Village Laws of New York 9$ paid, and for that purpose he possesses all the powers of a town collector. The laws relating to town collectors shall also, so far as consistent with this chapter, apply to the collection of village- taxes. Derivation. Former Village Law (L. 1897, Oh. 414), sec. 115; orisinallr revised from L. 1870, Ch. 291, tit. 5, sec. 6. The provision as to service of notice on corporations was new in former Vil- lage Law. Amended by L. 1913, Oh. 61. In effect March 6, 1913. Cross references. Notice of collector, see post, Form 40; notice of sale by collector, see post, Form 41 ; affidavit of notice of sale, see post, Form 42. Taxes should be collected from the person against whom they have beea assessed. Everson v. City of Syracuse, 29 Hun, 485 (1883). Action will not lie to restrain tihe collection of a tax on the sole ground, that Hie assessment is illegal. Trumbull v. Palmer, 104 App. Div. 51 (1905). Charter sometimes confers power of town collector upon its officer Villaee- of Olean v. King, 116 N. Y. 355 (1889). § 1 1 6. Return of collector; payment of taxes to treasurer. The collector shall pay all taxes received by him, as soon as practicable after receipt thereof, to the treasurer, and, upon the- expiration of the time fixed therefor, shall deliver the roll and warrant to the clerk and make and file with him a return, in accordance with the directions of the warrant, showing the total amount of tax paid and each tax unpaid, with the receipt of the- village treasurer for all taxes paid to him. The clerk shall there- upon deliver to the treasurer a statement showing the unpaid taxes returned by the collector. All taxes so returned unpaid shall be increased five per centum, and, if remaining unpaid for thirty clays after such return, shall bear interest at the rate of ten per centum per annum, from the time of their return as unpaid by the collector to the time of their subsequent payment; and such tax and increase may be paid to the treasurer at any time after such return and before a sale for such unpaid tax of any real property upon which the same may be assessed ; but if paid after a notice of sale has been given as provided in this article, the- expense of such notice shall be added to the amount of the tax.. The provisions of this section, so far as practicable, apply to a village in which taxes are collected by the treasurer. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 116; originally- revised from L. 1870, Ch. 291, tit. 6, sec. 5, as amended by L. 1881, Ch. 249, sec. 6. Collector may decline to collect illegal tax, but having collected it, he may not question the right of the proper authority to receive it, and may be compelled to pay it over. Village of Olean v. King, 116 N. Y. 355 (1889). 94 The Village Laws of New Yoek § 117. Collection of taxes by treasurer. In a village which has no collector, the tax-roll and warrant shall he delivered to the treasurer of the village, and the provi- sions of this article relating to the delivery of a tax-roll and war- rant, the extension of the time for the collection of taxes, and the return of such tax-roll and warrant, apply to the roll and warrant so delivered to a treasurer, so far as practicable. Upon the de- livery of the roll and warrant to the treasurer, he shall publish in each newspaper actually printed in the village, once in each week for four consecutive weeks, and post in five public places in the village, a notice that such tax-roll and warrant have been left with him for the collection of the taxes therein levied, and designating one or more convenient places in the village where he will receive taxes for thirty days after the first publication and posting of said notice, from nine o'clock in the morning until four o'clock in the afternoon, and that for said thirty days taxes may be paid to him without additional charge ; and that all such taxes remaining unpaid after the expiration of said thirty days will thereafter bear interest at the rate of twelve per centum per an- num, until the return of the tax-roll and warrant. The treasurer shall attend at the time and place specified in said notice, and may receive such taxes. After the expiration of said thirty days the treasurer shall proceed to collect the taxes remaining unpaid, with interest as herein provided, but without any other fee or charge, and for that purpose be possessed of all the powers of a town collector. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 117. This section was new in former Village Law. Cross references. Authority to abolish office of collector, see Ante, sec. 43. § 118. Return and assessment-roll as evidence. The return of unpaid taxes by the collector, or treasurer, or a copy thereof certified by the clerk under the corporate seal, shall be presumptive evidence of the facts stated therein. An assess- ment-roll filed with the clerk, or a copy of the same, or any part thereof, certified by him under the corporate seal, shall be pre- sumptive evidence of the contents thereof, of the regularity of the assessment, and of the right to levy such tax. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 118; originally Tevised from L. 1870, Ch. 291, tit. 8, sec. 5. The Village Laws of New Yoek 95 In view of such presumption a taxpayer may maintain an action to have the assessment declared void as a cloud upon the title. Trumbull v. Palmer, 104 App. Div. 51 (1905). Such action will not lie where the assessment is void on its face. Allter v. Village of St. Johnsville, 130 App. Div. 297 (1909), 114 N. Y. Supp. 355. § 119. When real property to be sold for unpaid tax. If a tax assessed upon real property on an annual or special assessment-roll be returned by the collector or treasurer as unpaid, the board of trustees may direct the treasurer to sell an interest in such property for the unpaid tax in the maimer herein pre- scribed. If such sale be directed, the clerk shall deliver to the treasurer a certified copy of the assessment upon such property, and all entries relating thereto contained in the assessment-roll. Upon receiving such statement, the treasurer shall proceed to sell at public auction an estate in such real property for the short- est period not exceeding fifty years, for which any person will take such property, and pay the tax and the percentage and in- terest then due, together with the expenses of the sale, which shall include giving the notice of sale, and one dollar for the ser- vices of the treasurer. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 119; originally revised from L. 1870, Ch. 291, tit. 6, sec. 6. Editor's note. This section was added by the legislature. It only applies to villages of the first class, in accordance with section 43, which authorizes such a village to determine that no collector shall be elected therein. Right to sell for unpaid taxes does not depend upon the treasurer filing his return of such taxes under oath, which is an independent duty. Glover v. Village of Edgewater, 3 Sup. Ct. (F. & C), 497 (1874). § 120. Notice of sale. Notice of the sale shall be published in the official newspaper once in each week for at least four consecutive weeks and posted in at least five conspicuous places in the village, and a copy thereof served on the owners of such real property at least three weeks before the sale. The notice of sale shall contain a brief description of the property and a brief statement of the facts authorizing the sale, and the time and place thereof. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 120, as amended by L. 1904, Ch. 34; originally revised from L. 1870, Ch. 291, tit. 6, sec. 6. 96 The Village Laws or New Yoek § 121. Certificate of sale. All such sales shall be for cash, and upon payment by the pur- chaser, the village treasurer shall deliver to him a certificate of the sale, signed and acknowledged in the same manner as a deed to be recorded, stating the amount paid by the purchaser, the date- of sale and payment, and a description of the real property sold. The certificate of sale may be recorded in the county clerk's office of each county in which any part of the property is situated, in the same manner and with the same effect as a deed, and if so recorded within two years after the tax became a lien on the property, the recording of such certificate shall have the same effect as the recording of a deed, to give the certificate priority over every interest therein or lien thereon acquired subsequent to the lien of the tax ; but, unless such certificate is recorded within such time, it shall be void as to such other interest or lien. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 121; originally revised from L. 1870, Ch. 291, tit. -6, sec. 7. See Hieinbothem v. Village of North Pelham (1911), 144 App. Div. 698, 129 N. Y. Supp. 715. § i22. Purchaser entitled to possession. Upon the receipt and recording of such certificate, the pur- chaser or other owner of the certificate shall be entitled to imme- diate possession and enjoyment of such -real property as against all persons having any title to, interest in, or lien upon the prop- erty at the time the tax became a lien thereon, and against all persons deriving any title to, interest in, or lien upon, such prop- erty, while the tax was a lien thereon, and to retain possession thereof during the existence of the estate purchased, unless such real property is redeemed from such sale. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 122; originally revised from L. 1870, Ch. 291, tit. 6, sec. 8. § 123. Enforcement of right to possession. The purchaser or other owner of the certificate may enforce his right to possession by summary proceedings, in the same manner as a landlord against a tenant holding over after expiration of term. The purchaser or other owner of the certificate mav before the expiration of the estate purchased, remove all buildings and fixtures which he has erected or placed thereon during its exist- ence, which can be removed without permanent injury to the premises. The Village Laws of New Yoek 97 Derivation. Former Village Laws (L. 1897, Oh. 414), sec 123; originally revised from L. 1870, Gh. 291, tit. 6, see. 8. Cross references. Summary proceedings to obtain possession, see Code Civ. Pro., sec. 2231. See Rupert v. Village of North Pelham (1910), 139 App. Div. 302, 123 N. Y. Supp. 944. § 124. Village may bid in property; rights of village. If there be no other bidder, the treasurer shall bid in the prop- erty for the village for the term of fifty years, and a certificate* thereof shall be issued accordingly. Thereupon the village has- all the rights of a purchaser for such term. Immediately upon the purchase of such property by the village, the president shall take possession thereof and hold, manage, lease or otherwise con- trol the same. He may, in the name of the village, institute and maintain summary proceedings to obtain possession of such prop- erty in the same manner as upon the sale of real property upon execution. The treasurer shall open an account with such prop- erty, and shall charge to the same the amount of taxes, fees, in- terest and expenses of the sale, and shall also add all sums sub- sequently levied upon the property by tax or local assessment and. remaining unpaid. The president shall pay to the treasurer dur- ing each fiscal year the net amount received from such property, which amount shall be credited in the account. Upon payment to the treasurer of the amount of the taxes or assessments charged against such property, together with the interest at the rate of ten per centum per annum from the time of the sale or the re- turn of a subsequent unpaid tax or assessment, after deducting any credits appearing in the account, the president shall on de- mand execute and deliver to the person making such payment, an assignment of the certificate of sale, or a satisfaction thereof, as may be required. Whenever the amount received from the use of such property equals the taxes, assessments, expenses and in- terest then due, the right of the village in such property shall cease and determine, and the president shall thereupon execute and deliver to the owner of the property a release and satisfaction of the interest of the village therein. If upon the execution of an assignment of the certificate, or of a release or satisfaction, a surplus derived from such property remains in the treasury, it shall be paid upon the order of the board of trustees to the person entitled thereto, on demand. S3 The Village Laws of Xew York Derivation. Former Village Laws (L. 1897, Ch. 414), see. 124. This section was new in former Village Law. Revisers' note (1897). An important change has been made in the pro- visions for the sale of real property for nonpayment of taxes. The present method of selling for a term of years had been retained, but the revision provides that if no bid is made, the property shall be bid in by the village for a term of fifty years. The village is then authorized to control the property, lease the same until the amount of tax due thereon is satisfied, or accept a redemption thereof in the same manner as if the property had been struck off to another purchaser at the sale. It is believed that this provision will obviate much of the difficulty which has arisen in connection ■with this subject, and will insure to the village the payment of taxes due. I 125. Redemption from sale by owner. A person who at the time of the sale was the owner of the property, or of a vested interest therein, or a lessee thereof, or his assigns, may redeem from the sale, either hy paying to the owner of the certificate of sale other than the village, or by de- positing with the treasurer for his benefit, the amount paid by the purchaser on such sale, with interest thereon at the rate of ten per centum per annum from the time of the sale to the time of deposit, and the fees lawfully paid to each county clerk for recording the certificate or any assignment thereof in any county in which the property or any part thereof is situated. If such payment be made to the owner of the certificate he shall there- upon execute and deliver to such person making the payment a written cancellation or receipt of the certificate of sale duly ac- knowledged in the same manner as a deed to be recorded, and epecifying the date of the sale, the amount paid thereon, the purchaser thereat, and the property sold. If such payment be made to the treasurer, he shall deliver to the person making it, a written receipt acknowledged in like manner and containing the like specifications. The recording of such cancellation or receipt in each clerk's office of the county in which any part of such property is situated shall effect a cancellation of such cer- tificate of sale. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 125; originally revised from L. 1870, Ch. 291, tit. 6, sec. 7. § 126. Actions to recover unpaid taxes. After the lapse of thirty days from the return of the collector, an action may be maintained, as upon contract, by the village, to The Village Laws of New Yoek 99 recover the amount of an unpaid tax, together with five per centum thereof, and interest from the time of such return at the rate of ten per centum per annum. A judgment in such action for any amount, when docketed in the office of the county clerk, shall he a lien upon the real property of the defendant. Supplementary proceedings may also be taken for such tax in accordance with the provisions of the tax law. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 12G; originally revised from L. 1870, Ch. 291, tit. 6, see. 9. § 127. Investment of sinking funds. If at any time the receipts of the water or light department exceed the amount needed for current expenses, and the payment of principal or interest due or to become due during the next fiscal year the surplus may be transferred to a fund to be known as the sinking fund of the department, and to be used in the payment of outstanding obligations, or for future expenses of the department if the rents or other income be insufficient for that purpose. A village sinking fund may be invested in 1. The bonds of the United States, the state of New York, or any city of this state, or the bonds, certificates or other obligations issued by the village for the payment of such indebtedness, which may be purchased at any time from such sinking fund at prices not exceeding the par value, and when so purchased the same shall be immediately canceled; or 2. Mortgages on improved land owned by the borrower in a county in which such village or a part thereof is located ; but be- fore such a mortgage is accepted the board of trustees must be satisfied that the borrower has a title in fee to such lands, and that the same are free and clear of all incumbrances and are worth twice the amount of the sum loaned, exclusive of buildings. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 127; originally- revised from L. 1875, Ch. 181, sec. 15, as amended by L. 1896, Ch. 310; L. 1894, Ch. 680, sec. 3. The provision of sec. 15 of the act of 1875 authorizing village to invest in endowment insurance, not re-enacted. § 128. Borrowing money generally. If authorized by a proposition adopted at an election, money mav be borrowed by a village upon its bonds or other obligations, payable in luture fiscal years. Such proposition shall specify the 100 The Village Laws of New York amount to be borrowed, tbe purpose to wbicb tbe same sball be ap- plied, and sball state, witbin tbe limitations prescribed by section one hundred and twenty-nine of tbis cbapter, tbe time or times wben sucb bonds or obligations sball become due ; wbicb proposi- tion sball be printed in full upon tbe ballot or ballot label, to be voted at such election. No money sball be so borrowed except for tbe purpose of purchasing, constructing and maintaining tbe fol- lowing village improvements : 1. A village or town ball. 2. Fire bouses, fire engines, fire alarm system and all other ap- paratus for use in extinguishing fires. 3. Laying out, widening, altering, grading or paving streets, and for the purchase of a steam roller, stone crusher and engine, and other road making machinery. 4. Sidewalks. 5. Bridges. 6. Water works. 7. Lighting system. 8. Sewerage. 9. Parks or a site for a free public library. 10. Cemeteries. 11. Drains and culverts, the regulation of water courses, ponds and watering places, and the protection of the property within the village from floods, freshets and high water. 12. Public docks or bulkheads. 13. For paying the additional expense of a state or county high- way through the village wben constructed or improved upon the modified plans of the state commission of highways, as provided by the highway law. And also for the purpose of paying certificates of indebtedness lawfully issued by the trustees under the provisions of section one hundred and fifty-eight of this chapter. Money may be borrowed in anticipation of taxes levied or to be levied for the current fiscal year, but not in excess of the amount previously estimated by the board of trustees, as necessary to be raised during said fiscal year, nor in excess of the amount of taxes of said fiscal year remaining unpaid at the time such money is borrowed, and the money so borrowed must be payable within such year. jSTo contract shall be made involving an expenditure by the village unless the money therefor has previously been estimated by the board of trustees as necessary to be raised during the then fiscal year, or unless a propo- sition has been adopted authorizing the board of trustees to raise such money. If a final judgment against a village exceeds one thousand dollars, money may be borrowed for the payment thereof, on the adoption of a proposition therefor at a village election, and bonds or other obligations of the village may be issued for that purpose, payable in instalments or otherwise as prescribed in sec- tion one hundred and twenty-nine of this chapter. The Village Laws of New York 101 Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 128, as amended ly L. 1900, Oh. 373; L. 1902, Oh. 280; L. 1903, Oh. 617; L. 1904, Oh. 193; L. 1907, Oh. 59 and L. 1908, Ohs. 176 and 509. Amended by L. 1910, Oh. 4; L. 1911, Chs. 57 and 738. In effect July 21, 1911. This section was new in former Village Law. Subdivision 13 added by L. 1910, Oh. 4, in effect Feb. 4, 1910. Cross references. Legitimate purposes of indebtedness, see Const., Art. 8, sec. 10; restriction on loan of credit, see Const., Art. 12, sec. 1; payments of judgments, see General Municipal Laws, sees. 70, 82, 83; taxpayers actions, see General Municipal Law, sees 4-5, Code Civ. Pro., sec. 1926. Fire commissioner may employ necessary officers and men although the tax for the fire fund has not yet been levied. People v. Board of Fire Com'rs, 90 Hun, 515 (1895), 35 N. Y. Supp. 964, aff'd 149 N. Y. 575. Prohibition of this section does not extend to a case where a village is authorized to contract for a supply of water and ligiht for a term of years. Port Jervis Waterworks v. Village of Port Jervis, 151 N. Y. Ill (1896). Resolution should indicate the installments in which the bonds are to be made payable and which are to be met each year. Village of Canandaigua v. Hayes, 90 App. Div. 336 (1904). The wording of resolution is immaterial so long as it is broad enough to warrant the issue of bonds for the purpose contemplated. New York, etc., Co. v. Keator, 62 App. Div. 577 (1901), 71 N. Y. Supp. 185; aff'd 173 N. Y. 235. Proposition should be submitted in the manner provided by the Village Law -and not by the special act under which the village is incorporated. Village of Canandaigua v. Hayes, 90 App. Div. 336.(1904), 85 N. Y. Supp. 488. Resolution providing for gross sum to be used for more than one purpose is invalid since it leaves the taxpayer no choice as between t'he several objects contemplated. Village of Hempstead v. Seymour, 34 Misc. 92 (1901). Women cannot vote upon a proposition to issue bonds for village water system. People v. Moir, 62 Misc. 35 (1908), 115 N. Y. Supp. 1029. Contract where no money is available. A contract made by the officials of an incorporated village with » certified public accountant to make an exami- nation of past taxes and assessments and various compilations therefrom and to devise a new and efficient system of bookkeeping and accounting and in- struct the village officers therein is void, where at the time said contract was made there were no funds on hand and no proposition .had been sub- mitted to raise the money. Wakefield v. Brop'hy (1910), 67 Misc. 298, 122 N. T. Supp. 632. | 129. Bonds or other obligations. Bonds or other obligations of the village shall he signed by the president and treasurer, and attested by the clerk under the cor- porate seal. They shall become due within thirty years from the date of issue, and, unless the whole amount of the indebtedness represented thereby is to be paid within five years from their date, they shall be so issued as to provide for the payment of the indebtedness in equal annual installments, the first of which shall be payable not more .than five years from their date. They shall bear interest at a rate not exceeding five per centum per annum, and shall be negotiated for not less than their par value. They shall be sold on sealed proposals or at public auction upon notice published in the official paper, if any, and also in each other newspaper actually printed in the village, and in such other newspapers as the board of trustees may determine, and posted 102 The Village Laws of New Yoek in three public places in the village, at least ten days before the sale, to the person who will take them at the lowest rate of in- terest. They shall be consecutively numbered from one to the highest number issued, and the clerk shall keep a record of the number of each bond or obligation, its date, amount, rate of in- terest, when and where payable, and the purchaser thereof or the person to whom they are issued. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 129. This section was new in former Village Law. Cross references. Municipal bonds generally, see General Municipal Law, sees. 6-12, 20; protection of purchasers, see General Municipal Law, sees. 52- 55; form of coupon bond, see post, Form 44. Bonds can: only impose liability in the manner prescribed by the law which, authorized their issue. Germania Sav. Bank v. Village of Suspension Bridge, 73 Hun, 590 (1893), 26 N. Y. Supp. 98. Bonds cannot be sold for less than par, and an agreement for sale at par, exclusive of interest is illegal and void. Village of Fort Edward v. Fish, 86 Hun, 548 (1895), 33 N. Y. Supp. 784; aff'd 156 N. Y. 363. Village may employ broker in sale and negotiations of its bonds, and pay reasonable compensation for his services. Armstrong v. Village of Fort Ed- ward, 84 Hurr, 261; 26 N. Y. Supp. 433 (1895), rev'd on another point 159 N. Y. 315. Delivery essential to validity of bond, and until made the bond has bo legal inception. Germania Sav. Bank v. Village of Suspension Bridge, 73 Hun, 590 (1893); 26 N. Y. Supp. 98. Taxpayer action lies to restrain the issue of bonds where there is no authority to carry out the proposition for which they have been voted. Potsdam, etc., Co. v. Village of Potsdam, 49 Misc. 18 (1905). § 130. Limitation of indebtedness. A village shall not incur indebtedness if thereby its total con- tract indebtedness, exclusive of liabilities for which taxes have already been levied and obligations issued to provide for the sup- ply of water, shall exceed ten per centum of the assessed valuation of the real property of such village, subject to taxation, as it ap- peared on the last preceding village assessment-roll. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 130, as amended by L. 1904, Ch. 680. This section was new in former Village Law. Cross references. Borrowing money generally, see ante, sec. 128; bonds or other obligations, see ante, sec. 129. Indebtedness for water supply should be excluded from the entire indebted- ness of the village in determining whether it has reached the ten per cent limitation. Lines v. Village of Otego, 91 N. Y. Supp. 785 (1904). The Village Laws of New Yokk 103 § 131. Second election upon proposition to raise money. If the vote at an election upon a proposition to purchase prop- erty or to raise a tax or to incur a debt shall be against such proposition, no proposition embracing the same object shall be again submitted before the elapse of ninety days thereafter. Derivation. Former Village Laws (L. 1897, Cli. 414), see. 131. This section was new in former Village Law. Amended L. 1910, Ch. 598, in effect June 23, 1910. Application. This section does not apply where one vote was taken at a. village election and the other at a school district meeting. Rept. of Atty.- Gen., April 21, 1911. Another election upon the same proposition cannot be held until the lap a- of ninety days where the vote upon such proposition was a tiu. 1-U.\»it 1 i Atty.-Gen., 1912, vol. 2, p. 369. § 132. Exemption from taxation of firemen and fire companies^ Upon the adoption of a proposition therefor, the members of any fire, hose, protective or hook and ladder company in any vil- lage may be exempted from taxation to the amount of five hun- dred dollars on any assessment for village purposes, in addition to the exemptions otherwise allowed by law, and the real and personal property of any such company may also be exempted, from like village taxation. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 132; originally- revised from L. 1873, Ch. 397, sec. 11, as added by L. 1879, Ch. 543. Exemption of volunteer firemen from taxation. Rept. of Atty.-Gen. (1903), 237. § 133. Absolute sales for non-payment of taxes in villages of the first class. If a tax or assessment on real property included in an annual or special assessment roll under this chapter, or a tax or assess- ment which was a lien on real property, or unpaid when the vil- lage law took effect, remains unpaid, and the treasurer or col- lector has made return that he cannot collect the same, the board of trustees may, by resolution, determine that such real property and the entire interest therein, instead of an interest for a term of years, be sold for the collection of such tax or assessment. Such sale shall be for cash, and the notice of sale shall be given in the manner provided by section one hundred and twenty of this chapter, except that the board of trustees may designate one- or more newspapers in the village, or in case no newspaper is published in said village, then in an adjoining city or village, in which the notice shall be published. The foregoing provisions of *Tiis iirtiplo in T.=in+; — *-''-- ' "a sale and the rights ami 104 The Village Laws of New Yoke remedies in respect to the real property sold shall not he ap- plicable, but the village treasurer and board of trustees shall pos- sess all the powers and be subject to all the liabilities and duties of a county treasurer and board of supervisors, under articles six and seven of the tax law ; and such articles shall, so far as prac- ticable, apply to a sale authorized by this section. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 133, as added ly L. 1899, Ch. 446, and amended by L. 1904, Ch. 101. ^ 134. Action to recover on tax certificate in certain villages. In each village in this state adjoining a city having a popula- tion of over three hundred thousand inhabitants situate within a county having a population of four hundred thousand or upwards, excluding New York and Kings counties, the number of such in- habitants in each instance to be ascertained by reference to the latest state enumeration, the holder, including such village, of any certificate of sale heretofore or hereafter executed by the village treasurer, may recover the amount paid, stated in said certificate, with all interest, additions- and expenses allowed by law, and for that purpose may maintain an action in the supreme court or in the county court of the county in which such village is situate. Jurisdiction of such action is hereby conferred upon said county court. Derivation. Added by L. 1913, Ch. 234. In effect Apr. 9, 1913. ■§ 135. Practice and pleading in such action; parties; determina- tion of rights of all parties; sale and disposition of proceeds. The action provided for in the last section may be commenced at any time after two years from the date that the tax or assess- ment on account of which the sale was had was payable and all the provisions of law and the rules of practice relating to actions for the foreclosure of mortgages shall apply to the action thereby au- thorized so far as practicable, except as herein otherwise specially provided. It shall be sufficient for the plaintiff to set forth in his complaint in such action a copy of or the substance of his certifi- cate of sale and the interest, additions and expense claimed by Mm, with a statement that the same have not been paid and that The Village Laws of New Yoek 104a the plaintiff elects to recover as herein provided, also that the de- fendants have or claim to have or may have some interest in or lien upon the property affected by the action. The plaintiff in such action shall include and join therein and may likewise re- cover upon all prior and subsequent certificates of sale held by him, executed by the village treasurer, relating to the same real property in whole or in part. He may include and join in one action all such certificates of sale relating to two or more separate and *district parcels of real property belonging to the same person or persons, notwithstanding the fact that other defendants in said action may not be interested or have liens upon all of the parcels included and joined in said action. He shall make parties to the action the owner or owners of and all other persons interested in the real property affected, or any part thereof, including the holders of all prior and subsequent certificates of sale as shown by the records in the village treasurer's office. He may make parties thereto any municipal corporation which claims an interest in or lien upon the premises described in the complaint or any part thereof, by reason of any tax or assessment levied by said munici- pal corporation or on account of any other claim which said municipal corporation may have or claim to have against said real property. The defendants in said action who are the holders of certificates of sale, shall be paid from the proceeds of sale the several amounts paid for the real estate as mentioned and described in the certifi- cates of sale held by them, with all interest, additions and expenses allowed by law, so far as the said proceeds shall suffice to pay the same, in the order of the lawful priority of the liens and the inter- ests of the respective parties in and against the premises as the same may be determined in the action. It shall be sufficient for any such defendant to set forth in his answer the certificate of sale or the substance thereof, with the other allegations in effect as therein provided, with regard to the complaint in the action. A defendant alleging irregularity or invalidity in any tax, assess- ment or ( sale shall particularly specify in his answer such irregu- larity or invalidity. The court shall have full power to determine and enforce in all respects the rights, claims and demands of the several parties to * So in original. 104b The Village Laws of New York said action, including the rights, claims and demands of the de- fendants as between themselves, to direct a sale of such property and the distribution or other disposition of the proceeds of such sale. Any party to the action may become the purchaser on any such sale. Derivation. Added by L. 1913, Oh. 234. In effect Apr. 9, 1913. § 136. Validity of tax certificate as evidence. Every certificate of sale on which the holder shall elect to re- cover, as herein provided, shall presumptively be valid and shall be presumptive evidence that the sale was regular and valid and that all previous steps and proceedings required by law were duly had and taken. No such certificate of sale and no tax or assessment for the nonpayment of which the same was executed shall be deemed invalid or impaired on account of any irregularity or illegality therein or in the proceedings relating thereto, unless it is shown that the person complaining thereof has suffered actual injury and damage therefrom and then only to the extent of such injury and damage, and no such tax, assessment or certificate of sale shall be deemed invalid or impaired on account of any error or omission in the description of the property assessed or sold if the description is sufficient to identify such property with reason- able certainty. Derivation. Added by L. 1913, Oh. 234. In effect Apr. 9, 1913. § 137. Nature of remedy; effect of judgment. The remedy herein provided shall be in addition to all other- remedies allowed by law, with regard to certificates of sale, and shall not be dependent upon them or any of them, and may be had whether notice to redeem has been given or not. A conveyance made pursuant to a judgment in any such action brought as herein provided shall vest in the purchaser all right, title, interest, claim, lien and equity of redemption in or against the premises sold of all the parties to the action and of all persons claiming under them or any or either of them, subsequent to the filing of the notice of the pendency of the action, or whose con- veyance or encumbrance is subsequent or is subsequently recorded, except subsequent taxes and assessments and sales on account thereof and except taxes and assessments which were liens on th& The Village Laws of New Yoek 104e premises at the time of the filing of a notice of the pendency of the action, but for the nonpayment of which no sale had been had prior thereto and any sales on account of such taxes and of such parties and persons shall be barred and forever foreclosed by the judgment in said action of all right, title, interest, lien and equity of redemption in and to the premises sold or any part thereof, except as aforesaid. Derivation. Added by L. 1913, Oh. 234. In effect Apr. 9, 1913. § 138. Duties of village treasurer; costs. The judgment in said action shall designate the village treasurer of such village as the officer to make sale of real property in any action brought as herein provided and said village treasurer for conducting said sale shall receive the same fees as are allowed by Jaw to a referee appointed by a judgment in an action to foreclose a mortgage upon real estate. Unless the judgment otherwise di- rects, the village treasurer making the sale must, out of the pro- ceeds, first pay as a part of the expenses of the sale all taxes and as- sessments which are liens upon the property sold, but which have become such subsequent to the filing of notice of pendency of the action or for the nonpayment of which no sale had been had prior thereto and redeem the property sold from any sales for unpaid taxes and assessments which were had subsequent to the filing of such notice of pendency and shall pay all unpaid taxes and assess- ments assessed against said property by any other municipal cor- poration and redeem such property from any sales for unpaid taxes and assessments made by any other municipal corporation. The plaintiff's costs and allowances, exclusive of disbursements, shall not exceed fifteen dollars if he recovers less than fifty dollars, or twenty-five dollars if he recovers more than fifty dollars and less than five hundred dollars, unless in such a case the court shall, in its discretion, otherwise direct. If the plaintiff recovers more than five hundred dollars, his costs shall be at the rate allowed by law in actions to foreclose mortgages upon real estate. The vil- lage treasurer may have made such tax and title searches of each parcel of land involved in any action brought as hereinbefore pro- vided, to which the village is a party, as he deems best in the interest of the village. Whenever the village is the owner and 104d The Village Laws of New Yoke holder of tax liens against the certificates of sale of premises di- rected in or by a judgment in any such action to he sold the village- treasurer may attend such sale and bid thereat such an amoiint as he deems best in the interest of the village not exceeding, how- ever, the aggregate amount due upon the liens and certificates of sale held by the village, plus the amount of all prior liens and the legal costs and expenses of the action and sale. Actions instituted hereunder on account of tax sale certificates held by any village shall be commenced by the village treasurer in his discretion or whenever instructed to do so by the village board of trustees. For the purpose of instituting such action, the village treasurer is authorized to employ an attorney, whose compensa- tion shall be limited to the costs recoverable in each action insti- tuted by him. Derivation. Added by L. 1913, Oh. 234. In effect Apr. 9, 1913. The Village Laws of New Yoek 105' ARTICLE VI. Streets, Sidewalks and Public Geounds. Section 140. Definitions. 141. Separate highway district. 142. Care of bridges. 143. When village may construct or repair bridges. 144. Dedication of streets. 145. Petition for street improvement. 146. Notice of meeting of board to consider petition. 147. Meeting and determination of board. 148. Effect of determination. 149. Application for commissioners; notice of application. 150. Appointment of commissioners. 151. Notice of meeting of commissioners. 152. Meeting and award of commissioners. 153. Appeal from award of commissioners. 154. Return by clerk. 155. Hearing of the appeal. 156. Compensation of commissioners. 157. Costs on appeal. 158. Payment for property acquired for street improvements. 159. Changing grade of street or bridge. 160. Streets on boundary lines. 161. Crosswalks and sidewalks. 162. Credit for flagging sidewalk. 163. Snow and ice on sidewalks. 164. Cleaning streets. 165. Sprinkling streets. 166. Pavements. 167. Trimming trees. 168. Local assessments under this article. 169. Acquisition of lands for parks and squares. 170. Lighting and care of streets and roads in certain subdivisions. 171. Dedication of land for parkway. 172. Village may acquire street for parkway. 173. Village board may improve dedicated streets. 174. Franchise rights in streets not to be included. § 140. Definitions. The term " street " as used in this chapter also includes a highway, road, avenue, lane or alley which the public have the right to use ; and the term " pavement " includes a macadam, tel- ford, asphalt, brick or other similarly improved roadbed, and is only applied to the portion of the street between the sidewalks or established curb lines. See Leavitt's Code of Negligence. ~~ 106 The Village Laws of Xew Yoek Derivation. Former Village Law (L. 1897, Ch. 414), sec. 140. This section was new in former Village Law. DEFINITION The term street in its ordinary acceptation means a public way, road or -thoroughfare in a, city or village. In re Godfrey, 95 N. Y. 135 (1884); Brace v. New York, etc., R. Co., 27 N. Y. 269 (1863); see Village of Fulton v. Tucker, 3 Hun, 529 (1875). The word " streets " includes the entire space between the outer lines "thereof, that is not only the roadway but also the sidewalks. Pomfrey v. Village of Saratoga, 104 N. Y. 459 (1887); Wallace v. Mayor, etc., of New York, 2 Hilt, 440 (1859). TITLE AND OWNERSHIP Title and ownership of streets may frequently be vested in the municipality ~by statute or charter provisions. DeWitt v. Elmira, etc., Co,, 134 N. Y. 495 (1892); see Adamson v. Nassau, etc., R. Co., 89 Jun, 261 (1895), 34 N. Y. Supp. 1073. While it is sometimes said to hold the title to the bed of the streets, its title is that of trustee for the public. Knickerbocker, etc., Co. v. Forty- second, etc., Co., 176 N. Y. 408 (1903); Adamson v. Nassau, etc., R. Co., 89 Hun, 261 (1895); People v. Kerr, 27 N. Y. 188, aff'g 37 Barb. 357; Milhau v. Sharp, 27 N. Y. 612, aff'g 28 Barb. 228. It cannot alienate or appropriate its streets and has no property rights therein. Adamson v. Nassau, etc., R. Co., 89 Hun, 261 (1895), 34 N. Y. Supp. 1073. Fee of land in village street is presumed to belong to the abutting owners. Ward v. Kropf, 120 N. Y. Supp. 476 (1910). CONTROL OF STREETS Control of streets is vested in the legislature, which may direct their use. Adamson v. Nassau, etc., R. Co., 89 Hun, 261 (1895), 34 N. Y. Supp. 1073. The municipality itself has no inherent power over its streets, Barhite v. Home, etc., Co., 50 App. Div. 25, 63 N. Y. Supp. 659; but such power of control is usually delegated by the state to some board or commission within the municipality, Ghee v. Northern, etc., Co., 158 N. Y. 510; Wormser v. Brown, 149 N. Y. 163, aff'g 72 Hun, 93, 25 N. Y. Supp. 553; Village of Haverstraw v. Eckerson, 192 N. Y. 54 (1908), aff'g 124 App. Div. 18; 108 N. Y. Supp. 506. Board of trustees has exclusive control of the streets of the village. Hunger- ford v. Village of Waverly, 125 App. Div. 311 (1908), 109 N. Y. Supp. 438. Trustees not personally liable for injuries caused by defects in the street, for their negligence is that of the corporation. Hungerford v. Village of Waverly, 125 App. Div. 311 (1908), 109 N. Y. Supp. 438. CARE OF STREETS In general. It is the duty of a municipality to keep its streets in a rea- sonably safe condition for all ordinary usage. Clemence v. City of Auburn, 66 N. Y. 334 (1876); Hubbell v. City of Yonkers, 104 N. Y. 434 (1887);' Twist v. City of Rochester, 165 N. Y. 619 (1900); Bullock v. Mayor, etc.', The Village Laws of New Yoke 107 •of New York, 99 N. Y. 654 (1885); Hunt v. Mayor, etc., of New York, 109 N. Y. 134 (1888); Vascarimi v. City of New York, 54 Misc. 600 (1907); Beltz v. City of Yonkers, 148 N. Y. 67 (1895); Kirk v. Village of Homer, 77 Hun, 459 (1894), 28 N. Y. Supp. 1009; Wilson v. City of Troy, 135 N. Y. 96 (1892) ; Getzoff v. City of New York, 51 App. Div. 450 (1900).; Tubesing v. 'City of Buffalo, 51 App. Div. 14 (1900); Dougherty v. Village of Horseheads, 159 N. Y. 154 (1899); Ring v. City of Cohoes, 77 N. Y. 83 (1879); Archer v. City of Mt. Vernon, 57 App. Div. 32 (1901) ; Sweet v. City of Poughkeepsie, 97 App. Div. 82 (1904) ; Bradner v. Village of Warwick, 91 App. Div. 408 (1904) ; Akers v. Mayor, etc., of New York, 14 Misc. 524 (1895); Roach v. City of Ogdensburg, 91 Hun, 8 (1895); Pomfrey v. Village of Saratoga, 104 N. Y. 459 (1887) ; Williams v. City of Brooklyn, 33 App. Div. 539 (1898) ; McKone v. Vil- lage of Warsaw, 187 N. Y. 336 (1907) ; Ehrgott v. Mayor, etc., of New York, 96 NY. 264 (1884); Russell v. Village of Canastota,98 N.Y.496 (1885); Nelson v. Village of Canastota, 100 N Y. 89 (1885); Ivory v. Town of Deerpark, 116 N Y. 476 (1889) ; Kunz v. City of Troy, 104 N. Y. 344 (1887) ; Requa v. City of Rochester, 45 N. Y. 129 (1871); Diveny v. City of Elmira, 51 N. Y. 506 (1873); Weed v. Village of Ballston Spa, 76 N. Y. 329 (1879); Hutson v. City of New York, 9 N. Y. 165 (1853) ; Lavadure v. Mayor, etc., of New York, 28 App. Div. 65 (1898); Frank v. Village of Warsaw, 116 App. Div. 618, aff'd May 17, 1910; see New York Law Journal, June 3, 1910. This liability extends to ordinary usage only. Ring v. City of Cohoes, '77 N. Y. 83 (1879) ; see Sweet v. City of Poughkeepsie, 75 App. Div. 274 (1902). Degree of care. Only ordinary and reasonable care is required. Pettingill v. City of Yonkers, 116 N. Y. 558 (1889); Vaccarini v. City of New York, 54 Misc. 600 (1907) ; Hubbell v. City of Yonkers, 104 N Y; 434 (1887) ; Beltz v. City of Yonkers, 148 N. Y. 67 (1895); Lane v. Town of Hancock, 142 N. Y. 510 (1894); Ring v. City of Cohoes, 77 N. Y. 83 (1879); Peard v. City of Mt. Vernon, 83 Hun, 250 (1894); Hamilton v. City of Buffalo, 173 N. Y. 73 (1903), rev'g 55 App. Div. 423; McKone v. Village of Warsaw, 187 N. Y. 336 (1907); McNish v. Village of Peekskill, 91 Hun, 324 (1895); Hume v. Mayor, etc., of New York, 47 N. Y. 639 (1872) ; Ivory v. Town of Deerpark, 116 N. Y. 476 (1889). The municipality is not an insurer, but its liability is bottomed on negli- gence which must be shown to warrant a recovery. King v. Village of Fort Ann, 180 N. Y. 496 (1905), rev'g 90 App. Div. 617; Hunt v. Mayor, etc., of New York, 109 N. Y. 134 (1888); Nelson v. Village of Canisteo, 100 N. Y. 89 (1885); Danaher v. City of Brooklyn, 51 Hun, 563 (1889); Vaccarini v. City of New York, 54 Misc. 600 (1907) ; Schreiber v. Mayor, etc., of New York, 11 Misc. 551 (1895) ; Hubbell v. City of Yonkers, 104 N. Y. 434 (1887) ; Beltz v. City of Yonkers, 148 N. Y. 67 (1895) ; Getzoff v. City of New York, 51 App. Div. 450 (1900); Ivory v. Town of Deerpark, 116 N. Y. 476 (1889) ; Tubesing v. City of Buffalo, 51 App. Div. 14 (1900); Peard v. City of Mt. Vernon, 83 Hun, 250 (1894) ; Archer v. City of Mt. Vernon, 57 App. Div. 32 (1901); Hamilton v. City of Buffalo, 173 N. Y. 73 (1903); Gorham v. Village of Cooperstown, 59 N. Y. 660 (1875); Williams v. City of Brooklyn, 33 App. Div. 539 (1898) ; McKone v. Village of Warsaw, 187 N. Y. 336 (1907) ; Smith v. City of Brooklyn, 36 Hun, 224 (1885). Slight defects which could not be anticipated or foreseen in the exercise of reasonable care will not render the municipality liable. Tubesins; v. City of Buffalo, 51 App. Div. 14 (1900); Beltz v. City of Yonkers, 148 N. Y. 67 108 The Village Laws op New Yoek {1895); Vaccarini v. City of New York, 54 Misc. 600 (1907); Hubbell t. City of Yonkers, 104 N. Y. 434 (1887); King v. Village of Fort Ann, 180 N. Y. 496 (1905), rev'g 90 App. Div. 617; O'Reilly v. City of Syracuse, 4& App. Div. 538 (1900); Getzoff v. City of New York, 51 App. Div. 450 (1900); Hamilton v. City of Buffalo, 173 N. Y. 72 (1903), rev'g 55 App. Div. 423; Gorham v. Village of Cooperstown, 59 N. Y. 660 (1875); Davidson v. City of New York, 117 N. Y. Supp. 185 (1909); McCarthy v. City of Lockport, 13 App. Div. 494 (1897), 43 N. Y. Supp. 693; Stone v. City of Troy, 21 N. Y. St. Rep. 639 (1889), 4 N. Y. Supp. 528; Corson v. City of New York, 78 App. Div. 481 (1903), 79 N. Y. Supp. 604; Butler v. Village of Oxford, 186 N. Y. 444 (1906), rev'g 101 App. Div. 611; MeKone v. Village of Warsaw, 187 N. Y. 336 (1907); O'Shaughnessy v. Village of Middleport, 93 App. Div. 93 (1904), 86 N. Y. Supp. 944; Rodrigues v. Village of Ossining, 111 App. Div. 297 (1906). This question, however, is frequently submitted to the jury. Goodfellow v. Mayor, etc., of New York, 100 N. Y. 15 (1886); Clemence v. City of Auburn, 66 N. Y. 334 (1876); Brush v. City of New York, 59 App. Div. 12 (1901). Proximate cause. The defect complained of must be the proximate cause of the injury. Halstead v. Village of Warsaw, 43 App. Div. 39 (1899); Vaccarini v. City of New York, 54 Misc. 600 (1907); Lane v. Town of Han- cock, 142 N. Y. 510 (1894); Ring v. City of Cohoes, 77 N. Y. 83 (1879); Storey v. Mayor, etc., of New York, 29 App. Div. 316 (1898); Rodrigues v. Village of Ossining, 111 App. Div. 297 (1906); McCarthy v. City of Lock- port, 13 App. Div. 494 (1897); Robinson v. Mayor, etc., of New York, 7" Misc. 645 (1894) ; Ehrgott v. Mayor, etc., of New York, 96 N. Y. 264 (1884) ; see Prank v. Village of Warsaw, 116 App. Div. 618 (aff'd 1910); see New York Law Journal, June 3, 1910. No liability attaches as a matter of course from falls upon a slippeTy pavement. Vaccarini v. City of New York, 54 Misc. 600 (1907); Kaveny v. City of Troy, 108 N. Y. 571 (1888); O'Reilly v. City of Syracuse, 49> App. Div. 538 (1900); Harrington v. Cit of Buffalo, 121 N. Y. 147 (1890); Kinney v. City of Troy, 108 N. Y. 567 (1888); Rodrigues v. Village of Ossining, 111 App. Div. 297 (1906); Muller v. City of Newburgh, 32 Hun, 24 (1884); Smith v. City of Brooklyn, 36 Hun, 224 (1885). Liability for injuries in streets. The municipality is liable for injuries resulting from failure to keep its streets in good condition and repair. Todd v. City of Troy, 61 N. Y. 506 (1875) ; Wallace v. Mayor, etc., of New York, 2 Hilt. 440 (1859); Clark v. City of Lockport, 49 Barb. 580 (1867); Conrad, v. Village of Ithaca, 16 N. Y. 158 (1857); Saulsbury v. Village of Ithaca,. 94 N. Y. 27 (1883); Nelson v. Village of Canisteo, 100 N. Y. 89 (1885); Masters v. City of Troy, 50 Hun, 485 (1888) ; Kirk v. Village of Homer, 77 Hun, 459 (1894); Bullock v. Mayor, etc., of New York, 99 N. Y. 654 (1885); Rehberg v. Mayor,- etc., of New York, 91 N. Y. 137 (1883); Archer v. City- of Mount Vernon, 51 App. Div. 32 (1901); Sweet v. City of Poughkeepsie,. 97 App. Div. 82 (1904); Brush v. City of New York, 59 App. Div. 12 (1901); Aslen v. Village of Charlotte, 35 App. Div. 625 (1898); Akers v. Mayor, etc.,. of New York, 14 Misc. 524 (1895) : Roach v. City of Ogdensburg, 91 Hun, 8 (1895); Pomfrey v. Village of Saratoga Springs, 104 N. Y. 459 (1887); Williams v. City of Brooklyn, 33 App. Div. 539 (1898); Burns v. City of Yonkers, 83 Hun, 211 (1894); Ehrgott v. Mayor, etc., of New York, 98 The Village Laws of New Yoek 109 N. Y. 264 (1884); Pettingill v. City of Yonkers, 116 N. Y. 558 (1889); Rus- sell v. Village of Canistota, 98 N. Y. 496 (1885); Wilson v. City of Troy, 135 N. Y. 96 (1892); Diveny v. City of Elmira, 51 N. Y. 506 (1873); Kunz v. City of Troy, 104 N. Y. 344 (1887) ; Requa v. City of Rochester, 45 N. Y. (1897); Weed v. Village of Ballston Spa, 76 N. Y. 329 (1879); Hutson v. Cit of New York, 9 N. Y. 165 (1853); Lavadure v. Mayor, etc., of New York, 28 App. Div. 65 (1898). Failure to place good rails or barriers in front of excavations will render the municipality liable. Russell v. Village of Canastota, 98 N. Y. 496 (1885) ; Wilson v. City of Troy, 135 N. Y. 96 (1892); Weed v. Village of Ballston Spa, 76 N. 1. 329 (1879); Ivory v. Town of Deerpark, 116 X. Y. 47G (1889). Liability dependent upon locality to some extent. McKone v. Village of Warsaw, 187 N. Y. 336 (1907); Roach v. City of Ogdensburg, 91 Hun, 9 (1895); Burns v. City of Yonkers, 83 Hun, 211 (1894). More care is required upon a populous street of a city than upon the streets or highways of a village or town. Glasier v. Town of Hebron, 131 N. Y. 447 (1892); McKone v. Village of Warsaw, 187 N. Y. 336 (1907). Similar accidents. That no accident of the same nature had occurred before will not relieve the municipality. Bradner v. Village of Warwick, 91 App. Div. 408 (1904); Brush v. City of New York, 59 App. Div. 12 (1901). Evidence to show that similar accidents have occurred at the same place must be definite and accurate and establish that they were due to the same cause. Carson v. City of New York, 78 App. Div. 481 (1903), 79 N. Y. Supp. 604; Pomfrey v. Village of Saratoga, 104 N. Y. 459 (1887); Williams v. City of Brooklyn, 33 App. Div. 539 (1898) ; Friedman v. City of New York, 116 N. Y. Supp. 750 (1909); see Fordham v. Gouverneur Village, 160 N. Y. 541 (1899). Question for jury. Question whether a street was kept in reasonably safe condition is for the jury. Murphy v. Village of Seneca Falls, 57 App. Div. 581 (1903); Roach v. City of Ogdensburg, 91 Hun, 9 (1895); Bullock v. Mayor, etc., of New York, 99 N. Y. 654 (1885); Ladrick v. Village of Green Island, 103 App. Div. 71 (1905), 92 N. Y. Supp. 622; Beck v. City of Buffalo, 50 App. Div. 621 (1900); Todd v. City of Troy, 61 N. Y. 506 (1875); Brush v. City of New York, 59 App. Div. 12 (1901); Bradner v. Village of War- wick, 91 App. Div. 408 (1904); Fordham v. Gouverneur Village, 160 N. Y. 541 (1899); Burns v. City of Yonkers, 83 Hun, 211 (1894); Russell v. Village of Canastota, 98 N. Y. 496 (1885) ; Rehberg v. Mayor, etc., of New York, 91 N. Y. 137 (1883) ; Morris v. Village of Saratoga, 55 App. Div. 263 (1900) ; Wallace v. Village of Canandaigua, 117 N. Y. Supp. 912 (1909); Frank v. Village of Warsaw, 116 App. Div. 618 (aff'd 1910) ; see New York Law- Journal, June 3, 1910. Notice. Municipalities are charged with notice of their own acts, and where an injury results from defective conditions due to the act of the municipality or its authorized agents, no notice is necessary. Wilson v. City of Troy, 135 N. Y. 96 (1892); Scanlon v. City of Watertown, 14 App. Div. 1 (1897); Brusso v. City of Buffalo, 90 N. Y. 679 (1882); Akers v. Mayor, etc., of New York, 14 Misc. 524 (1895); Stedman v. City of Rome, 88 Hun, 279 (1895); Turner v. City of Newburg, 109 N. Y. 301 (1888); Riddle v. Village of Westfield, 65 Hun, 432 (1892). In other cases notice, either actual or implied, is necessary to charge the municipality. Griffin v. City of New York, 9 N. Y. 456 (1854); Hume v. 110 The Village Laws of New Yoke: Mayor, etc., of New York, 47 N. Y. 639 (1872); Eehberg v. City of New- York, 91 N. Y. 137 (1883); King v. City of Troy, 104 N. Y. 344 (1887), rev'g 36 Hun, 615; Weed v. Village of Ballston Spa, 76 N. Y. 329 (1879); Requa v. City of Rochester, 45 N. Y. 129 (1871); Sweet v. City of Pough- keepsie, 75 App. Div. 274 (1902); McManus v. City of Watertown, 88 App. Div. 361 (1903); Benjamin v. Village of Tupper Lake, 110 App. Div. 426 (1905); Muller v. City of Newburgh, 32 Hun, 24 (1884); Gorham v. Village of Cooperstown, 59 N. Y. 660 (1875); Berger v. Mayor, etc., of New York, 65 App. Div. 394 (1901); Crawford v. City of New York, 68 App. Div. 107 (1902); McKee v. City of New York, 120 N. Y.Supp. 149 (1909). Notice to an officer or agent of the municipality is sufficient to charge the latter. Behberg v. Mayor, etc., of New York, 91 N. Y. 137 (1883), (police- man); McManus v. City of Watertown, 88 App. Div. 361 (1903), (superin- tendent of public works). Not liable where there is no notice of danger. McNish v. Village of Peeks- kill, 91 Hun, 324 (1895); Rogers v. City of Rome, 96 App. Div. 427 (1904); Muller v. City of Newburg, 32 Hun, 24 (1884) ; Neddo v. Village of Ticonderoga, 77 Hun, 524 (1894); McKee v. City of New York, 120 N. Y. Supp. 149 (1909). Express notice need not be shown, but if it appears that the municipality should have known of the defect in the exercise of reasonable diligence, it is liable. Laverdure v. Mayor, etc., of New York, 28 App. Div. 65 (1898); King v. City of Troy, 104 N. Y. 344 (1887); Hume v. Mayor, etc., of New York, 47 N. Y. 639 (1872); Weed v. Village of Ballston Spa, 76 N. Y. 329 (1879); McKee v. City of New York, 120 N. Y. Supp. 149 (1909); Rehberg v. City of New York, 91 N. Y. 137 (1883); Requa v. City of Rochester, 45 N. Y. 129 (1871); Pomfrey v. Village of Saratoga, 104 N. Y. 458 (1887); Williams v. City of Brooklyn, 33 App. Div. 539 (1898); Moriarty v. City of New York, 116 N. Y. Supp. 323 (1909). Reasonable time within which defect should be discovered and remedied is a question for the jury. Rehberg v. Mayor, etc., of New York, 91 N. Y. 137 (1883); McKee v. City of New York, 120 N. Y. 149 (1909). Snow and ice. Snow and ice allowed to accumulate upon the streets of a municipality will render the same liable for injury resulting therefrom. McManus v. City of Watertown, 88 App. Div. 361 (1903); Todd v. City of Troy, 61 N. Y. 506 (1875) ; Powers v. Village of Moravia, 123 App. Div. 191 (1908); Kopper v. City of Yonkers, 110 App. Div. 747 (1906). Something more than the presence of ice due to low winter temperature must be shown, however, to make the municipality chargeable with negli- gence. Foley v. City of New York, 95 App. Div. 374 (1904) ; Smith v. City of Brooklyn, 36 Hun, 224 (1885) ; Peard v. City of Mount Vernon, 83 Hun, 250 (1894); Kaveny v. City of Troy, 108 N. Y. 571 (1888); Taylor v. City of Yonkers, 105 N. Y. 202 (1887) ; Kinney v. City of Troy, 108 N. Y. 567 (1888); Harrington v. City of Buffalo, 121 N. Y. 147 (1890); Kleng v. City of Buffalo, 72 Hun, 541 (1893); Muller v. City of Newburg, 32 Hun, 24 (1884) ; Rogers v. City of Rome, 96 App. Div. 427 (1904) ; Hawkins v. Mayor, etc., of New York, 54 App. Div. 258 (1900) : Moran v. City of New York, 98 App. Div. 301 (1904); Berger v. Mayor, etc., of New York, 65 App. Div. 394 (1901) ; Crawford v. City of New York, 68 App. Div. 107 (1902) ; O'Keeffe v. Mayor, etc., of New York, 29 App. Div. 524 (1898). Notice. In this case, as with other defects, the municipality must have notice of same, or reasonable time before notice will be presumed. Taylor The Village Laws of New Yoke 111 v. City of Yonkers, 105 N. Y. 202 (1887); Berger v. Mayor, etc., of New York, 65 N. Y. 394 (1901); Muller v. City of Newburgh, 32 Hun, 24 (1884); Smith v. City of Brooklyn, 36 Hun, 224 (1885); Foley v. City of New York, 95 App. Div. 374 (1904); Moran v. City of New York, 98 App. Div. 301 (1904); Kaveny v. City of Troy, 108 N. Y. 571 (1888); Harrington v. City of Buffalo, 121 N. Y. 147 (1890); Kleng v. City of Buffalo, 72 Hun, 541 (1893); Crawford v. City of New York, 68 App. Div. 107 (1902); Hawkins v. Mayor, etc., of New York, 54 App. Div. 258 (1900); O'Keeffe v. Mayor, etc., of New York, 29 App. Div. 524 (1898). Where snow and ice accumulated for an unreasonable length of time the municipality is guilty of negligence without proof of actual notice. Todd v. City of Troy, 61 N. Y. 506 (1875). One may be guilty of contributory negligence in walking upon ice where he could have passed to the side in safety. Kleng v. City of Buffalo, 72, Hun, 541 (1893); Rogers v. City of Rome, 96 App. Div. 427 (1904); Durkin v. City of Troy, 61 Barb. 437 (1872); Weston v. City of Troy, 139 N. Y. 281 (1893); O'Keeffe v. Mayor, etc., of New York, 29 App. Div. 524 (1898). Contributory negligence. A person using a public street has a right to assume that it ia safe and is not required to be vigilant to discover danger. Brusso v. City of Buffalo, 90 N. Y. 679 (1882) ; Laverdure v. Mayor, etc., of New York, 28 App. Div. 65 (1898); Pettingill v. City of Yonkers, 116 N. Y. 558 (1889); Weed v. Village of Ballston Spa, 76 N. Y. 329 (1879); Ivory v. Town of Deerpark, 116 N. Y. 476 (1889). The presumption which a' wayfarer may indulge that the streets of a city are safe, and which excuses him from maintaining a vigilant outlook for danger has no application where the danger is known and obvious. Neddo v. Village of Ticonderoga, 77 Hun, 524 (1894); Weston v. City of Troy, 139 N. Y. 281 (1893); see Crecelius v. City of New York, 114 App. Div. 801 (1906). Where a. pedestrian approaches a point of danger it is his duty to do so with a care and caution commensurate with the dangers of the locality. Neddo v. Village of Ticonderoga, 77 Hun, 524 (1894); McNish v. Village of Peekskill, 91 Hun, 324 (1895); Crecelius v. City of New York, 114 App. Div. 801 (1906). H "': \ Persons standing on roadway of a street must exercise care commensurate with the danger, to avoid vehicles. Boker v. Kochler, etc., Co., 116 N. Y. Supp. 540 (1909). Question for jury. Question of contributory negligence is for the jury. Cronjeager v. City, etc., Co., 119 N. Y. Supp. 181 (1909); Pareells v. City of Auburn, 77 Hun, 139 (1894); Bradner v. Village of Warwick, 91 App. Div. 408 (1904) ; Bullock v. Mayor, etc., of New York, 99 N. Y. 654 (1885) ; Ladrick v. Village of Green Island, 103 App. Div. 71 (1905), 92 N. Y. Supp. 622; Beck v. City of Buffalo, 50 App. Div. 621 (1900) ; Todd v. City of Troy, 61 N. Y. 506 (1875); Brush v. City of New York, 59 App. Div. 12 (1901); Fordham v. Gouverneur Village, 160 N. Y. 541 (1889); Pomfrey v. Village of Saratoga, 104 N. Y. 459 (1887); Stedman v. City of Rome, 88 Hun, 279 (1885); Morris v. Village of Saratoga Springs, 55 App. Div. 263 (1900). It is only in very exceptional cases that contributory negligence can be determined as a legal conclusion from the facts proved. Stedman v. City of Rome, 88 Hun, 279 (1895). Where the evidence shows that the acts of the plaintiff have contributed 112 The Village Laws of New Yobk to or caused the injury complained of there can be no recovery. Durkin v. City of Troy, 61 Barb. 437 (1872); McNish v. Village of Peekskill, 91 Hun, 324 (1895) ; Rogers v. City of Rome, 96 App. Div. 427 (1904) ; Neddo v. Village of Ticonderoga, 77 Hun, 524 (1894); Weston v. City of Troy, 139 N. Y. 281 (1893); Kleng v. City of Buffalo, 72 Hun, 541 (1893); Crecelius v. City of New York, 114 App. Div. 801 (1906). Remedy of village against third persons. A municipality which has been held liable in an action for damages on account of an obstruction or defect in its streets, has a remedy over against a third person who has unlawfully created such defect or obstruction. City of Rochester v. Montgomery, 72 N. Y. 65 (1878); Village of Port Jervis v. First Nat. Bank, 96 N. Y. 550 (1884); Village of Seneca Falls v. Zalinski, 8 Hun, 571 (1876); City of Rochester v. Campbell, 55 Hun, 138 (1889); see Village of Fulton v. Tucker, 3 Hun, 529 (1875). Consent or license to excavate a public street does not relieve from liability "where the act is performed in a negligent or improper manner. Mairs v. Manhattan, etc., Ass'n., 89 N. Y. 498 (1882); Village of Port Jervis v. First Nat. Bank, 96 N. Y. 550 (1884); see Village of Seneca Falls v. Zalinski, 8 Hun, 571 (1876). In such case the licensee impliedly agrees to perform the act in such a manner as to protect the public from danger and the municipality from liability. Village of Port Jervis v. First Nat. Bank, 96 N. Y. 550 (1884). § 141. Separate highway district The streets and public grounds of a village, except as provided in the next section, are under the exclusive control and super- vision of the board of trustees. The board of trustees may ex- pend a portion of the street fund upon outside highways con- necting with the village streets. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 141; originally- revised from L. 1870, Ch. 291, tit. 7, sec. 1, in part, as amended by L. 1871, Ch. 870. Last sentence is new. Revisers' note (1897). The first sentence re-enacts the first part of section 1 of title VII of the act of 1870 without change. The provision authorizing the trustees to expend a portion of the street fund on the highways outside of the village is new, but is contained in many special charters. This section confers same power upon the village trustees as is conferred upon the highway commissioner of a town with respect to highways therein. Village of Oxford v. YVilloughby, 181 N. Y. 155 (1905), aff'g 87 App. Div. 609. § 142. Care of bridges. If at the time this chapter takes effect, the board of trustees of a village has the supervision and control of a bridge therein it shall continue to exercise such control under this chapter. In any other case, every public bridge within a village shall be under the control of the commissioners of highway of the town in which; The Village Laws of New Yokk 113 the bridge is wholly or partly situated, or such other officer as may be designated by special law, and the expense of constructing and repairing such bridge and the approaches thereto is a town charge, unless the village assumes the whole or part of such ex- pense. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 142; originally revised from L. 1870, Ch. 291, tit. 8, sec. 27. Editor's note. The provision in relation to care of bridges by officers desig- nated by special law was inserted by the Legislature. Village not bound to repair unless it elects to do so, and in the absence •of such election the town continues liable. Washburn v. Village of Mount Kisco, 35 Hun, 329 (18S5) ; Taylor v. Village of Mattewan, 122 App. Div. 40G (1907), 106 N. Y. Supp. 841. What constitutes a bridge within the meaning of this section. See Schell v. Town of German Flats, 54 Misc. 445 (1907), 104 N. Y. Supp. 116; aff'd 123 App. Div. 197. Care of Bridges. Care of a public highway bridge over railroad tracks on a, village street within a town limit rests upon the town and an action is not maintainable against the village for persona] injuries sustained because of a •defect in the sidewalk of the bridge. Murphy v. Village of Fort Edward (1913), 70 Misc. 296. § 143. When village may construct or repair bridges. A village may assume the control, care and maintenance of a bridge or bridges wholly within its boundaries, upon the adop- tion of a proposition therefor, at a village election; or a propo- sition may be adopted authorizing the board of trustees to enter into an agreement with the commissioners of highways of a town, in which any part of such village is situated, to construct or repair a bridge in any part of the village included in such town, at the joint expense of the village and town, which agreement s!u~>il lix the portion to be paid by each. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 143; originally revised from L. 1870, Ch. 291, tit. 8, sec. 27. Revisers' note (1897). Section 27 of the act of 1870 was amended by Laws 1890, chapter 542, section 2 of which provided that the act should only apply to Westchester county. The editor of the ninth edition, there- fore, omitted section 27 as having been made local by the act of 1890. It would seem to be the intention of the Legislature, however, that the amend- ment should only apply to Westchester county, and that as to other villages section 27 should stand as theretofore. Rule of liability not changed by the enactment of the General Village Law, which substantially re-enacted the provisions of the former statute. Taylor v. Village of Mattewan, 122 App. Div. 406 (1907), 106 ST. Y. Supp. 841. I 144. Dedication of streets. An owner of land in a village who has laid out a street thereon may dedicate such street, or any part thereof, or an easement therein, to the village for a public street, or an owner may dedi- 114 The Village Laws of New Yoek cate for such purpose land not laid out as a street. Upon an offer in writing by the owner to make such a dedication, the hoard of trustees shall meet to consider the matter ; and it may, by resolution, determine to accept a dedication of the whole or any part of the land described in such offer, or of the whole or any part of such street, to be described in such resolution. Upon the adoption of such a resolution the owner may execute and deliver to the village clerk a proper conveyance of the land to be dedi- cated. The board of trustees may, by resolution, accept the con- veyance, and a certified copy of such resolution, together with the conveyance, shall thereupon be recorded in the office of the county clerk. Upon the acceptance of the conveyance the land described therein shall become and be a public street of the village. No street less than two rods in width shall be accepted by dedication. All offers of dedication must be entered at length in the minutes of the board of trustees. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 144. This section was new in former Village Law. Cross references. Offer to dedicate street or land for street, see post, Form 45. § 145. Petition for street improvement. Five resident free-holders may present to the board of trustees a petition for laying out, altering, widening, narrowing or discon- tinuing a street in the village. The petitioners must deposit with such petition the sum of fifty dollars to cover all expenses for publishing, posting and serving notices of meeting of board to consider the petition. If petition be granted said deposit to be returned in full to the petitioners, but if denied, the surplus only, after paying expenses mentioned in this section. The petition must be addressed to the board of trustees and must contain a. statement of the following facts : 1. The names and residences of the petitioners. 2. If the petition be for the laying out of a street, the general course thereof, and a description of the land to be taken. 3. If the petition be for the alteration of a street, its name, the proposed alteration, and a description of the land if any, to be taken. 4. If the petition be for the widening of a street, its name and. description of the land to be taken. 5. If the petition be for the narrowing of a street, its name, its proposed width after such alteration, and the manner in whick such narrowing is to be effected. The Village Laws of New Yoek 115' 6. If the petition be for the discontinuance of a street, its name, and the part proposed to be discontinued. 7. If the petition be for the laying out, alteration or widening of a street, the names and residences of the owners of all land to be taken. 8. If the petition be for the narrowing or discontinuance of a street, the names and residences of the owners of adjoining lands, affected. Derivation. Former Village Laws (L. 1897), Ch. 414), sec. 145. Amended by L. 1911, Ch. 310, in effect June 12, 1911. This section was new in former Village Law. This section and sections 145 to 158, in former Village Law (identically numbered in Consolidated Law), provided a, new plan for street improvements and was a substitute for L. 1870, Ch. 291, tit. 7. Cross references. Petition for laying out street, see post, Form 46: Revisers' note (1897). This and the following sections, 145-158, are a substitute for title VII of the General Village Act of 1870, and furnish a new scheme for street improvements. Petition should be signed by the majority of the taxpayers upon the street. Folmsbee v. City of Amsterdam, 142 N. Y. 118 (1894), 66 Hun, 214; 58 N. Y. St. Rep. 626 ; Miller v. City of Amsterdam, 78 Hun, 609 ; 28 N. Y. Supp. 1021 (1894), aff'd 149 N". Y. 288, 149 ST. Y. 572. Failure to insert name of owner will deprive the board of jurisdiction. People v. Board of Trustees, etc., 32 Hun, 508 (1884), aff'd 102 N. Y. 81. In proceedings to discontinue street the trustees can only act at a session of the board. People v. Shaw, 34 App. Div. 61 (1898). § 145-a. Street improvement in villages of second class. A street in a village of the second class shall not be paid out, al- tered or widened if the entire cost of such improvement including the acquisition of necessary land and the construction of such street exceed one thousand dollars, unless a proposition therefor be submitted to and adopted at a village election. A petition for such improvement in a village of the second class shall contain an estimate of the cost thereof, and if such estimate exceed one thou- sand dollars, shall be accompanied by proof that such improvement has been authorized by the adoption of a proposition at a village election. Derivation. Added by L. 1911, Ch. 403, in effect June 23, 1911. § 146. Notice of meeting of board to consider petition. Upon the presentation of the petition the board shall imme- diately give notice that it will meet at a specified time and place, not less than ten nor more than twenty days from the date of such notice, to consider the petition. The notice must state the general object of the petition, and if it be for the laying out of a street, a general description of its proposed course, and in any other case, the name of the street proposed to be changed or dis- continued. The notice must be served upon the following persons, unless such service be waived by them in writing : 116 The Village Laws of New Yoek 1. If the petition be for the laying out of a street, upon each owner of land to be taken. 2. If the petition be for the alteration or widening of a street, upon each owner of land, if any, to be taken, and upon each ■owner of land adjoining the part of the street affected. 3. If the petition be for the narrowing of a street, upon each owner of land adjoining the part of the street affected. 4. If the petition be for the discontinuance of a street, upon oach owner of land adjoining the part of the street proposed to be discontinued, and also upon the owner of land otherwise affected by the proposed discontinuance. If a person other than the owner is in possession of such land, notice must also be served upon him. Such notice shall also be published in each newspaper in the village, and posted in five conspicuous places therein. The notice must be served, posted and published at least ten days before the hearing. 5. If the street petitioned to be laid out, altered, widened, nar- rowed or discontinued shall cross a railroad such notice shall be served upon the railroad company as required by section ninety of the railroad law. Derivation. Former Village Law (L. 1S97, Ch. 414), sec. 146. Subd. 5 added by L. 1912, Ch. 224, in effect April 8, 1912. Cross references. Service of notice, see post, sec. 330; notice of meeting of board to consider petition, see post, Form 47. Provisions of statute must be strictly complied with, or all proceedings will be held void. In Matter of South Market Street, 76 Hun, 85 (1894) ; People v. Board of Trustees, etc., 32 Hun, 508 (1884), aff'd 102 N. Y. 81; Merritt v. Village of Port Chester, 71 N. Y. 309 (1877). Oath prescribed by statute must be taken, and any material variation thereof will render the proceedings illegal. Merritt v. Village of Port Chester, 71 N. Y. 309 (1877). Preliminary notice should contain a correct description of the land to be taken. People v. Trustees of Village of Haverstraw, 132 N. Y. 88 (1893). Failure to serve notice upon one of the owners will invalidate all subse- quent proceedings. People v. Board of Trustees, etc., 32 Hun, 508 (1884), aff'd 102 N. Y. 81. § 147. Meeting and determination of board. The board shall meet at the time and place specified in the notice to consider the petition and also any objections thereto. A person affected by the proposed improvement, and upon whom notice has not been served, may appear upon the hearing. A voluntary general appearance of such a person is equivalent to personal service of the notice upon him. The board may ad- journ the hearing, and must determine the matter within twenty days from the date fixed for such hearing. If the board deter- mine to grant the petition an order must be entered in its minutes containing a description of the land, if any, to be taken. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 147, Cross references. Order of board granting petition, see post, Form 48. Requiring " written objections " is an unauthorized restriction upon the Tights of parties, and such a requirement is in excess of jurisdiction. Merritt v. Village of Port Chester, 71 N. Y. 309 (1877). Action under this section must be had at a session of the board. People v. Shaw, 34 App. Div. 61 (1898), 54 N. Y. Sudd. 218. The Village Laws of New Yoek 117 In calculating time under this section the day from which the reckoning Is made should be excluded. People v. Van Brunt, 99 App. Div. 564 (1904). Board of trustees should make a survey and definite description of the proposed street and determine in the first instance its boundaries and extent. People v. Trustees of Village of Haverstraw, 132 N. Y. 83 (1893), Affirmative decision should be made by resolution to be entered in the minutes of the board. People v. Board of Trustees, etc., 32 Hun, 508 (1884), aff'd 102 N. Y. 81. Action of board is judicial in its nature, and may be reviewed by cer- tiorari. People v. Shaw, 34 App. Div. 61 (1898), 54 N. Y. Supp. 218; People v. Van Brunt, 99 App. Div. 264 (1904). Cannot discontinue pending proceedings against u corporation without ■consent or leave of court. Matter of Folts Street, 29 App. Div. 69 (1898). May discontinue proceedings for the extension of a street, but cannot sub- sequently restore the proceedings as against interested parties who have acquired new rights. Matter of Folts Street, 29 App. Div. 69 (1898). § 148. Effect of determination. The determination by the board has the following effect : 1. If the petition for the laying out, alteration or widening of a street be granted, the board of trustees may acquire the land for such improvement by purchase or by proceedings under this article or by proceedings under the condemnation law. But no' street shall be laid out through a building or any fixtures or erec- tions for the purposes of trade or manufacture, or any yard or inclosure necessary to be used for the enjoyment thereof, with- out the consent of the owner, except upon the order of a justice of the supreme court residing in the judicial district in which the village or a part thereof is situated, to be granted upon an ap- plication by the board of trustees on a notice to the owner of not less than ten days. 2. If the petition for the narrowing of a street be granted, the board shall enter upon its records a description of the street after such narrowing, and the portion of the former street not included in such description is abandoned. 3. If the petition for the discontinuance of a street be granted, such street or the part thereof so discontinued is abandoned. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 148. Amended by L. 1913, Ch. 126, in effect March 25, 1913. Editor's note. The limitation in the first subdivision was inserted by the Legislature, conforming the section in part to section 90 (now section 200), of the Highway Law. Action for obstruction of light and air, on account of the discontinuance ■of a street, does not lie unless given by provisions of the charter. Egerer v. New York, etc., E. Co., 2 N. Y. Supp. 69 (1888). 118 The Village Laws of. New Yoek § 149. Application for commissioners; notice of application. If a petition for the laying out, alteration or widening of a street be granted, and the board can not agree with an owner upon the purchase-price of land necessary to be acquired, an applica- cation may be made by the board to the county court of the county in which such land is situated, for the appointment of three com- missioners to determine the compensation to be made t.o such owner. At least ten days before the making of such application a notice specifying the time and place thereof must be served upon such owner. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 149. Cross references. County court always open, see post, sec. 342; applica- tion for commissioners, see post, Form 49; notice of application, see post, Form 50. A jury selected by the board of trustees, possessing only the qualifications, required under the act for the incorporation of villages, even if assumed to be commissioners, does not meet the requirements of the law. People v. Trustees of Haverstraw, 151 N. Y. 75 (1896), rev'g 80 Hun, 385. Note. This decision was rendered upon the law as it existed before the amendment made by Laws 1896, Ch. 243 which provided for the appoint- ment of three commissioners. § 150. Appointment of commissioners. Upon such application the county court must appoint as such commissioners three resident disinterested freeholders of the county in which such land is situated, not residents of the village nor nominated by a person interested in the proceeding. In case of a vacancy another commissioner may be appointed in like manner. The order of appointment must contain the name of each person whose compensation is to be determined by the com- missioners. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 150. Cross references. Order appointing commissioners, see post, Form 51. Persons selected by trustees do not satisfy the requirements of the law. They should be appointed by a court of record. People v. Trustees of Village of Haverstraw, 151 N. Y. 75 (1896), rev'g 80 Hun, 385. Order appointing commissioners is not ipso facto violated or annulled by the delay of such commissioners to act. In Matter of Market Street, 76 Hun, 85 (1894). § 151. Notice of meeting of commissioners. The commissioners shall file with the village clerk the constitu- tional oath of office. They shall appoint a time and place for a The Village Laws of New Yoke 119 tearing and serve a notice thereof upon the board of trustees and Upon each person named in the order. Such notice must be served at least ten days before the hearing, which must be held Within twenty days after their appointment. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 151. Cross references. Notice of meeting of commissioners, see post, Form 52. § 152. Meeting and award of commissioners. The commissioners shall meet at the time and place appointed and may adjourn from time to time. They shall personally ex- amine the land, compensation for which is to be determined by them, and may take testimony in relation thereto- They shall keep minutes of their proceedings and reduce to writing all evi- dence taken by them. They shall award to each owner of land named in the order the compensation to which he may be entitled after making allowance for any benefit he may derive from the improvement. After the appointment of the commissioners and before any evidence is taken on the hearing, the board may make an agreement with an owner named in the order for the com- pensation to be made to him. If such an agreement be made, notice thereof must be served upon the commissioners, and there- upon the proceeding as to such owner is discontinued. The award shall be signed by a majority of the commissioners, and, together with the minutes of their proceedings, the evidence taken by them, and any notice of agreement served upon them, shall be filed in the office of the village clerk. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 152. Cross references. Notice of agreement, see post, Form 53; award of com- missioners, see post, Form 54. The measure of damages is governed by same rules that obtain in con- demnation proceedings generally. See Matter of Riverside Avenue, 83 Hun, 50 (1894); Matter of Forty-eighth Street, 19 App. Div. 602, 46 N. Y. Supp. 311 (1897). Discontinuance of proceedings is discretionary with the court, when applied to for that purpose. In Matter of Market Street, 76 Hun, 85 (1894). Statutory mode of compensation is exclusive when provided for in the act. Heiser v. Mayor, etc., 104 N. Y. 68 (1887). Ascertainment of compensation by conditional appeal is not a consti- tutional method of assessing the damages of a land owner. People v. Trustees of Village of Haverstraw, 151 N. Y. 75 (1896), reVg 80 Hun, 385. The function of commissioners is confined to making the award. People- -v. Trustees of Village of Haverstraw, 132 N. Y. 88 (1893). 120 The Village Laws oe New York § 153. Appeal from award of commissioners. The board of trustees, or an owner to whom an award has been made by the commissioners, may, within twenty days after the filing of the award, appeal therefrom to the county court by which the commissioners were appointed. Such appeal shall be taken by a notice of appeal to be served as follows : 1. If the appeal be taken by the board of trustees, notice thereof must be filed by the village clerk in his office, and addressed to and served upon each owner to whose award objection is made by the board. 2. If the appeal be taken by an owner, the notice of appeal must be addressed to the board of trustees and served upon the village clerk. The notice must in either case briefly state the grounds upon which the appeal is taken. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 153. Cross references. County Court always open, see post, sec. 342; service of notice, see post, sec. 330; notice of appeal, see post, Form 55. § 154. Return by clerk. Within ten days after such appeal the village clerk shall trans- mit to the county judge the petition filed with the board for the laying out, alteration or widening of the proposed street, all papers- and evidence in the proceeding subsequently filed in his office, and a certified copy of each resolution of the board of trustees, relating to the improvement. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 154. § 155. Hearing of the appeal. The appeal may be brought on by either party by a notice of not less than ten nor more than twenty days. If the appeal is by the board of trustees, it brings up for review all proceedings by or before the commissioners, and the award made by them. If the appeal is by an owner, it brings up for review all pro- ceedings relating to the proposed improvement. If the appeal is by the board of trustees, and two or more owners are made respondents, the county court may affirm or reverse the award of the commissioners as to the whole or any number of such owners ; and if the appeal is by an owner, the county court may affirm or reverse the award. The Village Laws of New Yoek 121 If the award be reversed, the order of reversal must state the reasons therefor, and if upon grounds relating to the amount of the award, or for errors in the proceedings by the commissioners, it must direct a rehearing before the same or other commissioners. If it appears from the order of the county court that the award is reversed solely upon grounds relating to the amount of com- pensation, or for errors in the proceedings by the commissioners, no further appeal shall be allowed. The order of the county court upon such appeal, together with the papers transmitted by the village clerk, must be filed by the county judge in the office of such clerk. The order must also be entered in the office of the county clerk. Derivations Former Village Law (L. 1897, Ch. 414), sec. 155. Cross references'. Notice to bring an appeal for hearing, see post, Form 56. § 156. Compensation of commissioners. Each commissioner is entitled to five dollars for each day actu- ally and necessarily spent in such proceeding, together with his necessary traveling and incidental expenses. Such compensation and expenses are a charge against the village. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 156. Board of street commissioners has no power to employ an attorney and the expense of so doing is not a proper item of their " current expenses." People v. Town, 1 App. Div. 127 (1896), 37 N". Y. Supp. 864; following, Collins v. Village of Saratoga Springs, 70 Hun, 583 (1893), 24 N. Y. Supp. 234. § 157. Costs on appeal. Costs on appeal may be allowed as follows : 1. If on appeal by the board of trustees the award of the com- missioners be affirmed, the county court may allow to the respon- dent costs of such appeal, against the village, not exceeding twenty-five dollars. 2. If on such an appeal the award be reversed on the ground that as to a specified owner it is excessive, the court may fix the amount of costs, not exceeding fifty dollars, to be stated in the order, to be paid by the village to such owner, if upon a rehearing the amount awarded to him is not more favorable to the village by the amount of such costs than the first award. 3. If on appeal by an owner the award be affirmed, costs not exceeding twenty-five dollars may be awarded against him, to- be recovered by the village. 122 The Village Laws of New Yobk 4. If on suck an appeal the award be reversed, the county court may allow to the owner a sum not exceeding twenty-five dollars for the costs of appeal, which shall be a charge against the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 157. § 158. Payment for property acquired for street improvement. Upon the making of an agreement for compensation to an owner under this article, or upon the final order or award fixing •the amount of such compensation in proceedings therefor, the board shall immediately pay such amounts and the costs, if any, allowed in such proceedings, if it has funds available for that purpose; if not, money may be borrowed and certificates of in- debtedness bearing interest issued therefor, or like certificates may be issued for such amounts, and payable, in either case, not more than one year from the date thereof; and the amount of such certificates shall be included in the next annual tax levy. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 158. § 159. Changing grade of street or bridge. 1. If a village has exclusive control and jurisdiction of a street or bridge therein, it may change the grade thereof. If such change of grade shall injuriously affect any building or land adjacent thereto, or the use thereof, the change of grade, to the extent of the damage resulting therefrom, shall be deemed the taking of such adjacent property for a public use. A person claiming damages from such change of grade must present to the board of trustees a verified claim therefor within sixty days after such change of grade is effected. The board may agree with such owner upon the amount of damages to be allowed to him, or make to him a verified offer to settle or compromise such claim. If no agreement be made within thirty days after the presentation of the claim, the person presenting it may apply to the supreme court for the appointment of three commissioners to determine the compensation to which he is entitled. Notice of the applica- tion must be served upon the board of trustees at least ten days before the hearing thereof. All proceedings subsequent to the appointment of the commissioners shall be taken in accordance with the provisions of the condemnation law, so far as applicable except that the commissioners in fixing their award must make an allowance for benefits, if any, derived by the claimant from The Village Laws of New Yoek 123 such improvement. The amount agreed upon for such damages or the award therefor, together with the costs, if any, allowed to the claimant shall be a charge against such village. Unless the award of the commissioners in favor of the claimant shall exceed the amount of the offer to settle or compromise such claim, he shall be liable for all costs of the proceeding. The board may borrow for the payment of the award, costs, amount agreed upon and expenses, or may issue certificates of indebtedness therefor, in the same manner as in case of damages for laying out a street. 2. Whenever the grade of any street, highway or bridge in any incorporated village in this state shall be changed or altered so as to interfere in any manner with any building or buildings situate thereon or adjacent thereto, or the use thereof, or shall injure or damage the real property adjoining such highway so •changed or altered, the owner or owners of such building or real estate may apply to the supreme court in the judicial district in which such property is situated for the appointment of three commissioners to ascertain and determine the amount of damage sustained thereby; due notice of such application shall be given to the person or persons having competent authority to make such change or alteration. All the provisions of the condemnation law in relation to the appointment of commissioners, their powers, duties., fees and expenses, shall be applicable to the appointment of, and the powers, duties, fees and expenses of the commissioners appointed in pursuance of the provisions hereof; but it shall be the duty of said commissioners in assessing and ascertaining the damages sustained by property owners adjoining such street or highway to take into consideration and to ascertain the value of and benefits or advantages to the property in consequence of the alteration of the grade; and in all cases the value of such bene- fits or improvements shall be offset against and deducted from the damages; and no person or property owner shall be entitled to recover any damages who shall, in writing, request or assent that the said grade of any such street shall be changed or altered. All damages ascertained and determined under the provisions of this subdivision, together with the costs of such proceedings, shall be a charge, when allowable, upon the village, town or other munic- ipality chargeable with the maintenance of the street, highway or bridge so altered and changed ; but no property owner or per- 124 The Village Laws of Xew Yoek son instituting proceedings to recover damages under the pro- visions of this subdivision shall be entitled to costs, unless the claim for such damages shall have first been presented to and rejected by, or neglected to have been adjusted for thirty days. after presentation by the trustees or other proper officers of said village, town or municipality, nor in case such trustees or other proper officers shall have made an effort to settle or compromise such claim, which offer is declined by said property owner, un- less he shall recover more than is so offered ; and in case he fails to recover any damages, or less than offered, he shall be liable- for the costs of such proceeding. When either party is entitled to costs under this subdivision, they shall be the same costs and. at the same rates as prescribed in the condemnation law, and the court may grant an additional allowance of costs to the prevail- ing party at the same rates as provided by the condemnation law. This subdivision shall not apply to the change of grade of streets, highways or bridges by village authorities. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 159, amended by L. 1901, Ch. 68. This section in the former Village Law was derived from L. 1883, Ch. 113, as amended by L. 1894, Ch. 122, but as such act related to the change' of grade of a street or bridge, in a village by authorities other than those of the village, the Statutory Revision Commission did not recommend its repeal. The Board of Statutory Consolidation, however, have included in subd. 2 all the provisions of the L. 1883, Ch. 113, and the entire act is repealed. Right to damage for change of grade is purely statutory and is based upon the moral obligation of the municipality to pay the resulting dam- ages. People v. Stillings, 134 App. Div. 480 (1909), 119 N. Y. Supp. 298. Property "benefited." It is a question for the commissioners to deter- mine whether property is "benefited." People v. Lohnas, 54 Hun, 604 (1889). Jurisdiction of commissioners to determine whether claim was properly filed cannot be given by stipulation. Matter of Coffrey, 52 App. Div. 264 (1900), 65 N". Y. Supp. 470. Grade may be established by long usage, acquiescence and recognition by the municipality. A formal ordinance is not essential. Folmsbee v. City of Amsterdam, 142 N. Y. 118 (1894), 66 Hun, 214; 58 N. Y. St. Rep. 626. Section not applicable to a proceeding instituted by abutting owners. Matter of Hoy v. Village of Salamanca, 57 Misc. 81 (1907), 107 N Y Supp 208. Section applies to specially incorporated villages which contain no specific authority in their charter. Matter of Grab, 31 App. Div. 610 (1898) This section authorizes compensation whether the change is from the natural grade or from a grade established by resolution. Matter of Greer 39 App. Div. 22 (1899); see In re Whitmore v. Village of Tarrytown 137 N. Y. 409 (1893). 'In*; Village Laws of New Yobk 125 The word " effected " is used in the sense of " completed " and the claim must be filed within sixty days after the completion of the work contem- plated in the whole improvement. Matter of Phillips v. Village of North Pelham, 61 App. Div. 442 (1901), 70 N. Y. Supp. 630. To warrant appointment of commissioners, claimant must establish: 1. That the village has exclusive control and jurisdiction of the street. 2. That it has changed the grade thereof. 3. That the change has injuriously affected his building, the land adjacent thereto or the use thereof. 4. That he has presented his verified claim for damges within sixty days. Comesky v. Village of Suffern, 179 N. Y. 393, rev'g 83 App. Div. 137, 81 N. Y. Supp. 1049 (1903). Diminution of rental value may be allowed as damages. Matter of Johns v. Village of Salamanca, 129 App. Div. 717 (1908), 114 N. Y. Supp. 707; compare, Matter of Hoy v. Village of Salamanca, 57 Misc. 81 (1907), 107 N. Y. Supp. 208. Damages need not be paid before the change of grade is made. Rogers v. Village of Attica, 113 App. Div. 603 (1906), aff'd 188 N. Y. 625. Remedy exclusive and where there is no closing of the street or inter- ference with the right of access, the award of commissioners, will be con- firmed as to fee damages and disallowed as to rental damages. Matter of Hoy v. Village of Salamanca, 57 Misc. 81 (1907), 107 N. Y. Supp. 208. Rights of turnpike company in the streets of a village are not such as will prevent a change of grade, but the village is liable in damages for tearing up and partly destroying the turnpike. Faletteville, etc., Co. v. Village of Fayetteville, 37 Misc. 223 (1902), 75 N. Y. Supp. 180. Under the Railroad Law notice of claim for change of grade must be filed with the railroad commissioners. (Railroad Law, see. 65.) Matter of Malen backer v. Village of Salamanca, 188 N. Y. 370 (1907), aff'g 116 App. Div. 691; 101 N. Y. Supp. 1073. Where proceedings are instituted for the construction of an undergrade, crossing by a railroad company, and the village under the provisions of the Railroad Law, the owner of abutting property is entitled to damages. (Rail- road Law, sees. 62-69.) New [91-99]. Matter of Forge v. Village of Sala- manca, 176 N. Y. 324, rev'g 86 App. Div. 211, 83 N. Y. Supp. 672 (1903). Petition not entitled to costs as a matter of right except in proceeding for the appointment of commissioners. Costs prior to that time are within the discretion of the court. Matter of Bley v. Village of Hamburg, 84 App. Div. 23 (1903), 82 N. Y. Supp. 35. Benefits conferred by the paving of a newly graded street are not properly an offset to the injuries done by regrading. Matter of Bradley (1910), 68 Misc. 514. Claim of damages by person who signed petition. A landowner is nit estopped from claiming damages because he joined in a petition for paving the street, if at the time of his signature the plans had not been made and he was told by the village trustees that the construction would not cause any appreciable change in the grade and the paving could have been done with- out such change. Matter of Stillman v. Village of North Olean (1911), 142 App. Div. 300, 126 N. Y. Supp. 728. Costs allowed to a landowner pursuant to this section are within the dis- cretion of the court under section 3240 of the Code of Civil Procedure. A landowner who has been awarded damages on account of a change in the grade of a street is entitled by virtue of section 3372 of the Code of Civil Procedure to recover costs of the proceeding subsequnt to th appointment of the commissioners at the same rate as is allowed to the defendant, when he is the prevailing party in an action in the Supreme Court. Matter c: Bradley (1911), 145 App. Div. 49, 129 N. Y. Supp. 450. § 160. Streets on boundary lines. Whenever a street is on a line between two villages, or between a village and a city or town, the higtway or street commissioners of such adjoining municipalities shall, on or before the first day 126 The Village Laws of New Yoek of May in each year, meet at a time and place to be determined by them, and divide such street. The officers present at such meeting shall allot a part of the street to each municipality in such manner that the labor and expense of keeping such street in repair may be equal as nearly as practicable. The officers mak- ing such division shall, within ten days thereafter, file in the office of the clerk of each municipality a certificate showing the part of such street allotted to each. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 160; originally- revised from L. 1870, Ch. 311. Revisers' note (1897). L. 1870, chap. 311; R. S., 9th ed., 2314, rewritten aB to villages. The original act is not repealed, as to other municipalities. § 161. Crosswalks and sidewalks. The board of trustees may construct and repair crosswalks upon the streets within the village. It may also construct and repair sidewalks upon such a street wholly at the expense of the village, or of the owners or occupants of the adjoining land, or partly at the expense of each, and may prescribe the manner of doing such work, and the kind of materials to be used therein. Upon the adoption of a proposition therefor in a village of the third or fourth class, all sidewalks shall thereafter be constructed and repaired wholly at the expense of the village. If a sidewalk is so required to be constructed or repaired wholly at the expense of the owners or occupants of the adjoining lands, a notice speci- fying the place and manner, and the time, not less than ten days in case of a new walk, or not less than twenty-four hours in case of repairs, within which the sidewalk is required to be constructed or repaired, shall be served upon such owners or occupants. If an owner or occupant shall not construct or repair the sidewalk as required by the notice, the board of trustees may cause the same to be so constructed or repaired, and assess the expense thereof upon the adjoining land. If a sidewalk is to be constructed or repaired at the joint ex- pense of the village and the owner or occupant, the board of trus- tees may cause the same to be constructed or repaired, and assess upon the adjoining land the proportion of the expense chargeable against the same ; or it may direct the owner or occupant to con- tribute labor or materials therefor. If the lands of a turnpike company are used as a street in a village and the company collect tolls on its road, then the expense of constructing or repairing a sidewalk on so much of the street as is owned or controlled by the turnpike company, shall be chargeable against and assessed on the turnpike company, and the owners of the adjoining land shalL not be chargeable therewith. The Village Laws of New York 127 Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 161, as amended by L. 1899, Ch. 326 and L. 1905, Ch. 98; originally revised from L. 1870, Ch. 491, tit. 3, sec. 4, as amended by L. 1895, Ch. 187. Cross references. Assessments, see post, sec. 168: lien of assessment, see ante, sec. 113; liability for defects, see ante, sec. 140, note. Revisers' note (1897). The provisions authorizing the adoption of a propo-- sition for the construction of all the sidewalks at the expense of the village was inserted by the Legislature. So, also, was the provision fixing the minimum notice in case of repairs at not less than twenty-four hours. Assessment void where it includes a sidewalk which had not been provided for by ordinance, and which an abutting owner had not by notice been required to construct. Folmsbee v. City of Amsterdam, 142 N. Y. 118 (1894), 66 Hun, 214; 58 N. Y. St. Rep. 626. Ordinance imposing duty of repair upon adjoining owners will not relieve the corporation of liability. Wallace v. Mayor, etc., of New York, 2 Hilt. 440 (1859). Construction of sidewalks by adjoining owners. Where the board of trustees adopt a resolution directing a property owner to construct a side- walk and at the same meeting adopts a resolution providing that the side- walks in the village " should be laid by the abutting property owners at the cost of such property owners as heretofore " the former resolution con- stitutes the consent required by section 162 of the Village Law, and entitles the property owner to one-half of the costs of constructing the sidewalk. Sanford v. Village of Warwick, 181 N. Y. 20 (1905), rev'g 83 App. Div. 120; 82 N. Y. Supp. 466. § 162. Credit for flagging sidewalk. Whenever the owner or occupant of lands adjoining a street shall, with the consent of the board of trustees that the village will bear a portion of the expense of construction thereof, evidenced by a vote of such board, construct along such street a sidewalk of stone, cement, brick or other similar material to be approved by the board, of the width of four feet or more, and of the value ox at least fifty-five cents per square yard, surface measure, the board of trustees shall credit such owner or occupant on account of his assessment for street taxes against the particular property along; which the walk is constructed in such village a sum to be fixed by the board of trustees, not exceeding three-fourths of the actual and necessary expense of constructing such sidewalk; or, instead of such credit, may pay to such owner or occupant from the street fund of the current year a sum to be fixed by the board of trustees not exceeding one-half of the cost of such sidewalk. If credit is al- lowed, such owner or occupant shall be credited therewith upon the taxes which shall be assessed and levied against him for street purposes upon the particular property along which said walk is constructed until the credit is exhausted, and in event of a sale or change of ownership of any property against which a credit is in operation for the purpose mentioned, said credit is to accompany or follow title to property until the credit is exhausted. Before 128 The Village Laws of New Yoek the board of trustees shall so consent to bear a portion of the ex- pense of construction of any such sidewalk, it shall fix the propor- tionate amount that shall be credited or paid by the village for all walks of the same kind which may thereafter, with such consent, be constructed therein ; and such proportionate amounts, or either of them, may be changed from time to time thereafter by the board of trustees, but at no time within one year from the date of the last fixing or changing thereof. Derivation. Former Village Laws (L. 1897. Ch. 414), sec. 162, as amended by L. 1904, Ch. 122; originally revised from L. 1870, Ch. 291, tit. 3, see. 22, as amended by L. 1896, Ch. 458. Amended by L. 1911, Oh. 515. In effect June 28, 1911. Revisers' note (1897). The words "cement, brick or other similar material" are new. The section is rewritten. Application of sections. Section 161 applies to sidewalks generally. Sec- tion 162 applies to those constructed of the materials specified therein, the consent being required to keep their costs within the control of the board of trustees. Sanford v. Village of Warwick, 181 N. Y. 20 (1905), rev'g 83 App. Div. 120; 82 N. Y. Supp. 466. § 163. Snow and ice on sidewalks. The board of trustees may require the owners or occupants of land fronting on sidewalks to keep them clear of snow and ice, and upon default, may cause such sidewalks to be cleared, and assess the expense thereof upon such adjoining land, or may cause the sidewalks on any street or portion thereof to be kept clear of snow and ice, and assess the expense upon the adjoining land. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 163; originally revised from L. 1870, Ch. 291, tit. 3, sec. 3, subd. 16, in part, as amended by L. 1895, Ch. 743. Cross references. Assessments, see post, sec. 168; lien of assessments, see ante, sec. 113; ordinances for clearing, see ante, sec. 90, subd. 11; liability for defect arising from, see ante, sec. 140, note. § 164. Cleaning streets. The board of trustees may require the owners of land fronting upon the streets to keep the portions of the streets between the land and the center of the street cleared of rubbish or other ac- cumulations thereon, injurious to the use or appearance thereof and to cause all grass and weeds growing therein to be cut and removed once in each month from May to October, inclusive. If the owner of such adjoining land shall fail to comply with such requirement the board of trustees may cause such work to be done, and assess the expense thereof upon such adjoining land. The Village Laws of New Toek 129 Deriviation. Former Village Laws (L. 1897, Ch. 414), sec. 164; originally Tevised from L. 1870, Ch. 291, tit. 3, sec. 3, subd. 16, in part, as amended by L. 1895, Ch. 743, subd. 25, in part, as amended by L. 1893, Ch. 212. Cross references. Assessments, see post, sec. 168; lien of assessment, see ante, sec. 113. ■§ 165. Sprinkling streets. The board of trustees may cause the streets of the village or any p>art thereof to be sprinkled with water, oil or other dust-laying -substance wholly at the expense of the village or may assess the expense thereof, in whole or in part, upon the owners or occupants of the adjoining land, and in villages, except in Franklin county, having a sufficient water supply, it shall be the duty of the board of trustees, upon the petition signed by a majority of the taxpayers -of any street or streets, to cause such street or streets to be sprinkled with water, oil or other dust-laying substance and assess the expense thereof in whole or in part as aforesaid. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 165, as amended bv L. 1904, Ch. 497; originally revised from L. 1870, Ch. 291, tit. 3, sec. 3, subd. 25, in part, as amended by L. 1893, Ch. 212. Amended by L. 1912, Ch. 125. in. effect April 4, 1912. Cress references. Lien of assessment, see ante, sec. 113; assessment, see post, sec. 168. § 166. Pavements and sidewalks. The board of trustees may cause a street in the village, or part thereof, to be graded or the sidewalk to be constructed of stone, ■cement, brick or similar substance or flagged or curbed or the street paved, or any one of more of such acts performed wholly at the expense of the village, or of the owners of the adjoining land, or partly at' the expense of each ; but such street shall not be so graded, flagged or constructed as above provided or curbed or paved wholly at the expense of the owners of the adjoining land, unless a petition therefor be presented to the board of trus- tees signed by the owners of at least two-thirds of the frontage on the street, or portion thereof, proposed to be so improved, if -the improvement is to consist of grading or curbing or paving, and by the owners of more than one-half of the frontage on the .street or on the side thereof proposed to be improved if the im- provement consists of flagging or otherwise constructing a side- walk as above provided, and a hearing given thereon to all persons interested, on a notice of at least ten days. If such improvement is so required to be constructed or repaired wholly at the expense of the owners of the adjoining lands, a notice specifying the 130 The Village Laws of Xew York place and manner, and the time, not less than thirty days, within which the said improvement is required to be constructed or re- paired, shall be served upon the owners. If an owner shall not construct or repair the street as required by the notice, the board of trustees may cause the same to be so constructed or repaired, and assess the expense thereof upon the adjoining land. If a street is to be so improved, constructed or repaired at the joint expense of the village and the owner of the adjoining land, the board of trustees may cause the same to be constructed or repaired, and assess upon the adjoining land the proportion of the expense- chargeable against the same; or it may direct the owner to con- tribute labor or materials therefor. The total amount expended for street paving in any fiscal year from the moneys raised dur- ing such year, for street purposes, otherwise than in pursuance of a village election, shall not be more than one-half thereof. No land owner shall be required to grade, flag, construct sidewalk, curb or pave or bear the expense of so doing any portion of the street not in front of such land, nor beyond the center of the street. All grading done or flagging or sidewalk laid or curb set or pavements laid by the owners of adjoining land shall be- laid under the supervision and in accordance with the directions of the board of trustees. The expense of constructing a pavement or of grading done or flagging or sidewalk laid or curb set or any part thereof may be raised in an entire amount or in smaller amounts from time to time, as the board of trustees may de- termine. If any portion of such expense is to be borne by the village, bonds or certificates of indebtedness may be issued. If such expense or any part thereof is to be assessed upon adjoining land, the board of trustees may apportion it upon the lands and assess the same as a whole or by installments. Notice of an assessment based upon such apportionment shall be given to the land owners, who may pay the amounts assessed within ten days after such notice. At the expiration of that time bonds or cer- tificates of indebtedness may be issued for the aggregate amount of such assessment then remaining unpaid. Taxes for the amount of such bonds or certificates issued on account of default in the payment of the amount apportioned upon the adjoining land shall be levied and collected in the manner prescribed by this chapter in case of unpaid assessments for the construction of sewers. The Village Laws of New Yokk 131 Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 166, as amended, by L. 1898, Oh. 365; L. 1906, Oh. 97; L. 1907, Ch. 44, and L. 1908, Oh. 461; originally revised from L. 1870, Ch. 291, tit. 3, sec. 3, subd. 25, in part, as amended by L. 1893, Oh. 212. Amended by L. 1909, Ch. 430, in effect May 21, 1909. Latter part of section added by L. 1898, Ch. 365. Cross references. Service of notice, see post, sec. 311; assessments, see- post, sec. 168; lien of assessment, see ante, sec. 113. Revisers' note (1897). The provisions of the act of 1870, relating to pave- ments, are very incomplete, but are fully covered by the foregoing section. Editor's note. The provision that a street should not be paved wholly at expense of adjoining owned without » petition, etc., was inserted by the- Legislature. Cement sidewalk is not within the meaning of section 166 of the Village. Law (L. 189/, p. 422, Ch. 414), as amended by Ch. 97, p. 185 of L. 1906. Alitor v. Village of St. Johnsville, 130 App. Div. 297 (1909), 114 N Y. Supp. 355. The intent of the legislature was to limit the liability of the owner to that which was in front and did not include the paving of the intersecting streets- O'Leary v. City of Glens Falls (1910), 200 N. Y. 218, 222, aff'g 128 App. Div. 683, 112 N. Y. Supp. 932. § 167. Trimming trees. The board of trustees may require the owners of land to trim, the trees in front thereof, and upon default, may cause such trees to be trimmed, and assess the expense thereof upon the adjoin- ing land. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 167. This section was new in former Village Laws. Cross references. Assessments, see post, sec. 168; lien of assessment, see ante, sec. 113; action for injury to tree, Code Civ. Pro., sees. 1667, 1668. § 168. Local assessment under this article. Whenever expenditures are made by the board of trustees for constructing or repairing sidewalks or pavements, trimming trees> sprinkling streets or keeping the sidewalks or streets cleared of weeds, ice, snow or other accumulations thereon, which under this article are assessable upon the land affected or improved, thereby, the board shall serve a notice of at least ten days upon the owner or occupant of such property, stating that such ex- penditure has been made, its purpose and amount, and that at a specified time and place it will meet to make an assessment of the expenditure upon such land. The board shall meet at the time- and place specified. It shall hear and determine all objections that may be made to such assessment, including the amount ther?- of, and shall assess upon the land the amount which it may deem just and reasonable, not exceeding, in case of default, the amount stated in the notice. 132 The Village Laws op New York If the amount so assessed be not paid within twenty days after such assessment, an action to recover the amount may be main- -tained by the village against the owner or occupant liable therefor, or a special warrant may be issued by the board of trustees for the collection of such assessment, or the amount thereof may be in- cluded in the next annual tax levy. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 168. This section was new in former Village Laws. The act of 1870 made no provision for a hearing on local assessments. Assessments are laid in the exercise of the taxing power and not that of eminent domain. Dyker v. Meadow Land, etc., Co., 3 App. Div. 164 (1896), 38 N. Y. Supp. 222; aff'd 159 N. Y. 6. Provisions of the statute must be strictly pursued and any substantial -departure therefrom will vitiate the entire proceedings. Merritt v. Village of Port Chester, 71 N. Y. 309 (1877), rev'g 8 Hun, 40; Miller v. City of Amsterdam, 149 N. Y. 288 (1896), aff'g 78 Hun, 609. A substantial and not a literal compliance is required. Bell v. City of Yonkers, 78 Hun, 197 (1894), aff'd 149 N. Y. 581. Where substantial portion void the entire assessment may be so treated. Hooker v. City of Rochester, 30 N. Y. Supp. 297 (1893). Notice of hearing indispensable, and failure to give will render assessment void. People v. New Rochelle, 83 Hun, 1894 (1894), 31 N. Y. Supp. 592. Substantial error must be shown to warrant setting assessment aside. Bell v. City of Yonkers, 78 Hun, 196 (1894), 22 N. Y. Supp. 947, aff'd 149 N. Y. 581. Omission of property within the district is good ground for setting the assessment aside. Bell v. City of Yonkers, 78 Hun, 196 (1894), 28 N. Y. Supp. 947, aff'd 149 N. Y. 581. Where assessment is void in its inception it may be set aside although objection was made at the hearing upon which it was confirmed. Miller v. City of Amsterdam, 149 N. Y. 288 (1896), aff'g 78 Hun, 609. Where assessment is paid without knowledge of the facts which avoid the proceedings, it may be recovered. Boas v. Mayor, etc., of New York, 85 Hun, 311 (1895), 66 N. Y. St. Rep. 398; 32 N. Y. Supp. 967. Assessment for street paving cannot be collaterally attacked where the trustees of the village proceed regularly and have jurisdiction of the person and the subject matter assessed. City of Glens Falls v. MMullen, 62 Misc. 134 (1909), 116 N. Y. Supp. 49. An assessment for local improvement is not a, tax within the provisions ■of a charter authorizing a municipal corporation to sell lands " for taxes of any description.'' In Matter of Mayor, eta, of New York, 11 Johns. 77 (1814); Bleecker v. Ballou, 3 Wend. 263 (1829); Sharp v. Speir, 4 Hill, 76 (1843); Sharp v. Johnson, 4 Hill, 92 (1843). Judgment against cemetery association may be recovered enforceable out of personal property or out of land "not actually used for cemetery pur- poses," which would be a lien upon the land if at any time they so ceased to be used. Gouverneur Village v. Gouverneur, etc., Ass'n., 120 N. Y.| 221 <1909). The Village Laws of New Yoek 133 § 169. Acquisition of lands for parks and squares. The board of trustees may, on behalf of the village, accept by grant or devise a gift of land for a public park or square within "the village, or wholly within three miles of the boundaries thereof, or may submit to a village election a proposition to purchase land so located for such purpose at an expense, specified in the propo- sition, specifying the maximum amount to be paid therefore and the mode of raising such amount. If the proposition be adopted, the board may purchase such land accordingly, or, if unable to agree with the owners for the purchase thereof, may acquire title thereto by condemnation; but if the commissioners appointed in the condemnation proceedings shall fix the value of the land at a larger amount than authorized to be paid therefor by such elec- tion, the condemnation proceedings shall be abandoned and the costs of the defendants shall be paid by the village unless payment of such larger amount shall be authorized at a village election. Upon the acquisition of land for the purposes of this section, either by gift or purchase, the board may establish and maintain a public park or square thereon and for that purpose shall have the power to perform all the duties of a separate board of park commissioners as provided for in this chapter. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 169; originally- revised from L. 1888, Ch. 525. Amended by L. 1909, Ch. 469, in effect May 24, 1909. There is no governmental duty to provide parks, pleasure grounds, etc. Gartland v. New York, etc., Soc, 120 N. Y. Supp. 24 (1909). § 170. Lighting and care of streets and roads in certain sub- divisions. Whenever prior to the incorporation of any village now or here- after incorporated, any portion of the territory subsequently in- cluded within the limits of such village has been subdivided on a map or plan thereof into building lots and designated as a park or by any other name, such portion of said territory being here- inafter designated as a " subdivision," and in such subdivision streets or roads are laid out not less than fourteen feet in width which the board of trustees of said village is unable to accept by ■dedication because such streets are too narrow, or for any other reason, or where in any such case said board of trustees is willing -to light and care for such streets and roads without the same be- 134 The Village Laws of Xew Yobk ing dedicated, and more than fifty dwelling houses shall have* been constructed in said subdivision, the board of trustees of said village may provide for the lighting and care of such streets and roads, or any part thereof, in like manner as the other streets and roads of said village, provided that the amount expended annually for such purposes shall not exceed one-fourth of one per centum of the assessed value of the real property in said sub- division. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 170, as added by L. 1907, Ch. 93. Section not unconstitutional as violating provision relating to village lending its aid to private individual or incurring indebtedness except for village purposes. Smith v. Smythe, 116 N. Y. Supp. 1071 (1909). § 171. Dedication of land for parkway. An owner of land in a village of the fourth class containing- a territory of less than one square mile who has laid out a street or streets thereon may dedicate such street or streets, or any part thereof, or an easement therein, to the village for a parkway or parkways, upon such terms, conditions, considerations, restric- tions, and reservations as he may elect to impose upon such dedi- cation. Upon an offer in writing by the owner to make such dedication, the board of trustees shall meet to consider the matter ; and it may, by resolution, determine to accept such dedication upon the terms, considerations, conditions, restrictions and reser- vations set forth in such dedication. Upon the adoption of such resolution the owner may execute and deliver to the village clerk a proper conveyance of the land within said street or streets to be dedicated, or of an easement therein, as the case may be, set- ting forth the terms, considerations, conditions, restrictions, and reservations upon which said dedication is made. Thereupon said village shall hold said lands only as a parkway or parkways and may improve the same, subject to such terms, considerations, con- ditions, restrictions and reservations and subject also to such rules and regulations as the board of trustees of such village from time to time shall adopt for the care thereof and for restricting or excluding from the use thereof not inconsistent with said terms, considerations, conditions, restrictions, and reservations in said dedication set forth. Provided, however, and only pro- vided that as to each and every resident in any such village and The Village Laws of 1STew Yoke 135 -as to each and every freeholder, owner of any land therein, his heirs, grantees, and assigns, the right of access in and over any such street, and any and all other easements therein, shall be as full and complete as if the said land had been dedicated as and for a public street. Derivation. L. 1901, Ch. 624, sec. 1. :§ 172. Village may acquire street for parkway. Any such private street or streets or easements therein may be acquired by any such village for the purpose of a parkway or parkways to be held by any such village as provided by section one hundred and seventy-one of this chapter, and subject to the rules and regulations of the board of trustees and to the rights of the freeholders and residents in said village as therein pro- vided. Such street or streets may be thus acquired for such park- way or parkways in the manner and as set forth in sections one hundred and forty-five to one hundred and fifty-eight both in- clusive of this chapter for laying out, widening, acquiring or discontinuing a street in a village. Derivation. L. 1901, Ch. 624, sec. 2. § 173. Village board may improve dedicated streets. Upon the acquisition of any such village of any private street or streets for a parkway or parkways as provided by either sec- tions one hundred and seventy-one or one hundred and seventy- two of this chapter, the board of trustees of any such village shall have authority to improve the same as a parkway or parkways, subject only to the rights and easements hereby conferred upon any such resident or freeholder within said village to use the same as streets as fully as if the same had been dedicated or ac- quired as streets and to the terms, conditions, restrictions aad reservations in any such dedication contained, and the board of trustees shall maintain and shall construct and repair driveways through and upon any such parkway or parkways, may construct and repair crosswalks upon any such driveways, may construct and repair sidewalks and sidewalk lawns along and upon any such parkways, may cause such sidewalks to be kept clear of snow and ice and sidewalk lawns to be kept properly trimmed, may keep the land within such driveways clear of rubbish or other accumu- lations thereon, injurious to the use or appearance thereof, and 136 The Village Laws of New Yoek may cause all grass or weeds growing therein to be cut and re- moved once in each month from May to October, inclusive, may cause such driveways or any part thereof to be sprinkled, and may plant trees and keep the trees within the said lawns or any such parkway or parkways trimmed, and may construct, repair and maintain a sewerage system and sewers through said park- ways and permit the same to be used by abutting property owners ; and the board of trustees may cause the expense of the proceed- ing to acquire any such street or streets for the purpose of such parkway or parkways, and the expense for improving or repair- ing any such driveway, crosswalk or sidewalk, and the expense of removing snow and ice from any such sidewalk, and the ex- pense of keeping such sidewalk lawns properly cut and trimmed, and the expense of cleaning and sprinkling any such driveway and planting and trimming the trees in any such parkway, and the expense of constructing, repairing and maintaining any such sewerage system and sewers, to be paid wholly by the village, or wholly by the owner of the adjoining land, or partly by each, and the provisions of section one hundred and sixty-eight of this chapter shall be applicable to any such expenditures made by the board of trustees of any such village and assessed upon the land affected or improved thereby. Derivation L. 1901, Ch. 624, sec. 3. § 174. Franchise rights in streets not to be included. In any proceeding authorized by section one hundred and seventy-two of this chapter to acquire any such street or streets for the purpose of a parkway or parkways in the manner and as set forth in sections one hundred and forty-five to one hundred and fifty-eight of this chapter the village may exclude from the right sought to be acquired any property rights in any franchises theretofore granted in any such street or streets and any property rights in any mains or pipes existing under the surface of any such street or streets, and when so excluded the value of said property rights in any such franchises and in any such mains or pipes shall form no part of the damages to be paid for the rights or easements sought to be acquired by the village in such pro- ceedings for the purposes in the last three sections set forth. Derivation. L. 1901, Ch. 624, see. 4. The Village Laws of jSTew Yoek 13T AKTICLE VII. The Police Depaetment. Section 180. Jurisdiction of violations of ordinances. 181. Disposition of penalties; fees of justices. 182. Criminal jurisdiction of police justice. 183. Record of police justice. 184. Compensation of police justice. 185. Accounts, reports and payments of fees and fines by salaried police justice. 186. Civil jurisdiction of police justice. 187. Acting police justice. 188. Village policemen. 189. Powers and duties of policemen. 190. Fees, salaries and expenses of policemen. § 180. Jurisdiction of violations of ordinances. Jurisdiction to hear, try and determine charges of violations of village ordinances is hereby conferred upon magistrates as follows : 1. A police justice, or in case of his absence or inability to act, the acting police justice has exclusive jurisdiction, in the first instance. 2. In case of the absence or inability to act of both the police justice and the acting police justice, or if the office of police jus- tice does not exist in the village, a justice of the peace of a town including any part of the village has jurisdiction exclusive of any other justice of the peace. 3. In cases not provided for in the foregoing subdivisions, any justice of the peace has jurisdiction. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 180; originally revised from L. 1870, Ch. 291; tit. 5, sec. 3, in part, as amended by L. 1882, Ch. 313. Justice of peace has no jurisdiction to try criminal cases if the office of police justice has been established. People v. Whitney, 24 Misc. 264 (1898), 53 N. Y. Supp. 570, aff'd 32 App. Div. 144. § 181. Disposition of penalties; fees of justices. Every penalty imposed by a justice of the peace for the viola- tion of a village ordinance shall be paid to the village treasurer. In such cases the fees of the justice are a village charge. See Cook's Annotated Criminal Code and Penal Law; Bender's Criminal Code and Penal Law; Bender's Justices' Manual; Wait's Law & Practice, 7th Edition, 3 volumes. 138 The Village Laws of New Yoek Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 181; originally . revised from L. 1870, Ch. 291, tit. 5, sec. 3, in part, as amended by L. 1882, Ch. 316. | 182. Criminal jurisdiction of village police justice. The police justice of a village may hold a court of special ses- sions therein and shall have in the first instance exclusive juris- diction to hear, try and determine charges of a misdemeanor com- mitted within such village and triable by a court of special ses- sions, subject to the right of removal, as provided by the code of criminal procedure, to a court having authority to inquire by the intervention of a grand jury into offenses committed within the county. Such police justice shall have exclusive jurisdiction to take the examination of a person charged with the commission in such village of a crime not triable by a court of special ses- sions; and also to hear, try and determine charges against a per- son of being a vagrant or disorderly person within such village, or of having committed disorderly conduct therein ; and to take such proceedings in either of such cases as may be taken by a justice of the peace, with all the powers and subject to all the duties and liabilities of a justice of the peace in respect thereto. Such police justice shall have all the power and authority, and be subject to all the duties and liabilities, of a justice of the peace in issuing warrants for the arrest of a person charged with the commission of a crime or disorderly conduct, in a county in- cluding any portion of such village, but if the offense is charged to have been committed outside of the village, the person arrested by such process shall be taken before another magistrate of the town in which such offense is charged to have been committed, and the papers upon which such process was issued shall be delivered to him, who shall proceed thereon as though such warrant had been issued by him upon such papers. A person arrested upon a crim- inal warrant issued by a justice of the peace upon a charge of committing a crime or an offense of a criminal nature within a village, shall be taken before the police justice of such village, and the papers upon which the process was issued delivered to him, who shall proceed thereon as though such warrant had been issued by him upon such papers. The term " proceeding " as used in this article also includes a special proceeding of a criminal nature. The Village Laws of New Yoke 139 Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 182; originally Tevised from L. 1870, Ch. 291, tit. 3, sec. 17, in part, as amended by L. 1891, Ch. 160, L. 1875, Ch. 614, sec. 2, in part, as amended by L. 1876, Ch. 308. Cross references. Jurisdiction of police courts, see Code of Crim. Pro., sec. 74; misdemeanors triable by Court of General Sessions, see Code Crim. Pro., fiec. 56; arrest under ordinances, see post, sec. 338; election of police justice, see ante, sec. 47; police justice in office continued, see post, sec. 351. Justice of peace has original jurisdiction of misdemeanors if the office of police justice has not been established. People v. Lovell, 21 Misc. 570 (1897), 48 N. Y. Supp. 879. Constitutionality of special acts relative to the powers of a police justice. See People ex rel. Holmes v. Lane, 53 App. Div. 531 (1900). § 183. Records of police justice. The board of trustees shall provide the police justice with suit- able books iu which he shall keep a record of all actions or pro- -ceedings for violations of village ordinances and of criminal ac- tions and proceedings, had or tried before him, or in a court of special sessions, held by him, which record in each case shall con- tain the names of the complainant and defendant, a statement of the nature of the offense charged and, under the proper dates, the proceedings therein, the minutes of all courts of special ses- sions held by him, and an accurate account of all fines, penalties, diees, expenses and costs imposed, received or ordered paid by him, in all such actions and proceedings. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 183; originally revised from L. 1875, Ch. 514, sec. 3, as amended by L. 1883, Ch. 118. § 184. Compensation of village police justice. If the police justice of a village shall not be paid a salary, he .shall be entitled to receive for his services the same fees as a justice of the peace for like services, to be paid in like manner, except that his fees in proceedings on account of violations of the village ordinances, shall be paid by the village. The board of trustees may determine that the police justice shall T)e paid a salary instead of fees, and may fix the amount thereof, and such salary shall not be increased or diminished during his term of office. Such salary shall be paid in equal monthly install- ments by the treasurer, except that a ratable proportion shall be deducted from his salary, because of any failure to perform his duties. The amount of such deduction shall be determined by the Joard of trustees and paid by the treasurer to the acting polio© 140' The Village Laws of New Yoek justice or other justice who shall have acted during such period. Such police justice and acting police justice shall each report to- the board of trustees at the first regular meeting thereof in each month, the time, if any, during the next preceding calendar month that the police justice of such village failed to perform the duties of his office and the time during which the acting police justice or other justice performed such duties. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 184; originally- revised from L. 1870, Ch. 291, tit. 3, see. 19, in part, as added by L. 1871, Ch. 688, and amended by L. 1886, Ch. 616. Cross references. Compensation, see Code Crim. Pro., sec. 78. Discretionary with board of trustees to determine whether justice shall be entitled to a salary or fees, and such discretion will not be interfered with by the court. Goring v. President, etc., of Wappinger Falls, 83 Hun, 130 (1894), 31 N. Y. Supp. 758, aff'd 144 N. Y. 616. § 185. Accounts, reports and payments of fees and fines by sala- ried police justice. If the police justice of the village is paid by salary, he shall not receive for his own benefit any fees, costs or expenses in any action or proceeding, but shall demand and receive the same fees, costs and expenses therein, as are provided by law to be paid t& a justice of the peace of a town, and shall keep an account thereof and of fines and penalties paid to him. All such costs, fees and expenses and all penalties or other money so paid to him in a proceeding for or on account of a violation of an ordinance of the village during any calendar month shall be paid to the village treasurer before the first regular meeting of the board of trustees in the next succeeding month. All other fees, costs, expenses, fines or penalties so collected shall be paid over and accounted for in the same manner as moneys collected by a justice of the peace in like cases. He shall, prior to such meeting in each month file with the village clerk a complete, detailed and verified statement of all moneys payable to the village treasurer, which were re- eived by him during the last preceding month, with the written receipt of the treasurer therefor attached thereto. No order for the salary of such police justice shall be drawn until such monthly statement and receipt are filed with the clerk. He shall keep an account of all fees in criminal actions and proceedings, which would be payable to him if he were not paid a salary, and which are a town or county charge, and shall present claims for suck The Village Laws of New Yoke 141 fees against the town or county to which chargeable. All orders or warrants for such claims shall be made payable to the treasurer of the village, who shall collect the amount thereof. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 185; originally revised from L. 1870, Ch. 291, tit. 3, sec. 19, in part, as amended by L. 1871, Ch. 688, and amended by L. 1886, Ch. 616, tit. 5, sec. 3, in part, as amended by L. 1882, Ch. 316, L. 1875, Ch. 514, sec, 2, in part, as amended by L. 1876, Ch. 308. Payment by town of fees which are a town charge, where police justice receives a salary. People v. Sutphin, 53 App. Div. 613 (1900), 66 N. Y. Supp. 49. § 1 86. Civil jurisdiction of police justice. The police justice shall have the same jurisdiction as a justice of the peace of a town in civil actions. The town clerk of each town in which a village or any part thereof is situated shall fur- nish to such police justice jury lists in the same manner as to the justices of the peace of his town. Amended by L. 1911, Ch. 501, in effect June 28, 1911. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 186; originally revised from L. 1870, Ch. 291, tit. 5, sec. 3, in part, as amended by L. 1882, Ch. 316, L. 1881, Ch. 615, sec. 3, as amended by L. 1881, Ch. 690. Amended by L. 1911, Ch. 501, in effect June 28, 1911. The jurisdiction of a village police justice in civil cases is concurrent with the justices of the peace within the limits of the village. Rept. of Atty.-Gen., Feb. 21, 1912. The amendment of 1911, providing that a police justice in a village shall have the same jurisdiction as a justice of the peace of a town in civil ac- tions, does not broaden the powers of a police justice to include the solemniza- tion of marriages. Rept. of Atty.-Gen., Jan. 19, 1912. § 187. Acting police justice. The board of trustees of a village in which the office of police justice is established shall designate a justice of the peace resid- ing in the village, if any, and otherwise, a justice of the peace residing in the town in which the village or a part thereof is situated, as acting police justice of the village. During the ab- sence or inability of the police justice to perform the duties of his office, the acting police justice has all the powers and is sub- ject to all the liabilities of a police justice within the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 187; originally- revised from L. 1875, Ch. 514, sec. 2, in part, as amended by L. 1876, Ch. 308- § 188. Village policemen. The president, each trustee and the street commissioner are ex- officio members of the police department, and have all the powers conferred upon policemen by this article. The board of trustees, or if a municipal board continued by section sixty-nine now acts as police commissioners, such board may appoint and fix the 142 The Village Laws of New Yoke terms, not extending beyond the current official year, of one or more village policemen, one of whom may be designated as chief of police. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 188; originally revised from L. 1870, Ch. 291, tit. 2, see. 4, tit. 3, sec. 3, subd. 3, as amended by L. 1883, Ch. 153, tit. 5, sec. 4, as amended by L. 1896, Ch. 457. Cross references. Extra force to suppress mobs, etc. See Code Crim. Pro., sees. 101, 106-110. § 189. Powers and duties of policemen. The policemen so appointed shall have all the powers and be subject to the duties and liabilities of constables of town in serv- ing process in any civil action or proceeding. Said policemen shall have power to execute any warrant or process issued by jus- tices of the peace of the county or counties in which such village is situated. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 189, as amended by L. 1907, Ch. 471; originally revised from L. 1870, Ch. 291, tit. 5, sec. 4, as amended by L. 1896, Ch. 457. Cross references. Free use of railroads, telegraph and telephone lines. See General Municipal Law, sees. 206, 207. S 190. Fees, salaries and expenses of policemen. The board of trustees may determine that each village police- man shall be paid a salary instead of fees and may fix the amount thereof. A village policeman shall receive the same fees as con- stables of towns for similar services, to be paid in like manner, except that his fees for services in proceedings on account of a violation of a village ordinance shall be paid by the village. If a village policeman receives a salary all fees collected or received by him belong to the village and he must account therefor and credit the same upon his salary, except those fees received for the execution of all process, civil or criminal, outside of the cor- porate limits of the said village. A village policeman shall not receive any present or reward for his services other than his fees or salary, except by the consent of the board of trustees. Every village policeman who receives a salary from the village for his services shall keep a book in which shall be entered all services performed by him, which are a town or county charge, and shall present claims therefor against the town or county to which. The Village Laws of New Yoke 143 chargeable. All orders or warrants for such claims, except those hereinabove specified, shall be made payable to the village treas- urer, who shall collect the amount thereof. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 190, as amended by L. 1907, Ch. 471; originally revised from L. 1870, Ch. 291, tit. 3, sec. 3, subd. 3, as amended by L. 1883, Ch. 153, tit. 5, sec. 4, as amended by L. 1896, Ch. 457. Rejection of claims may be reviewed by the court upon writ of certiorari issued within four months after adjournment of the board. People v. Sutphin, 166 N. Y. 163 (1901), modifying 53 App. Div. 613; 66 N. Y. Supp. 49. 144 The Village Laws of New Yoek AETICLE VIII. The Fiee Depabtment. Section 200. General powers of the board of fire commissioners. 201. Ordinances. 202. Organization of companies. 203. Incorporation of fire department. 204. Election of company officers and delegates. 205. Chief engineer and assistant engineers. 206. Council of fire department. 207. Meetings of fire department. 208. Duties of chief engineer and assistants. » 209. General exemptions of firemen. 210. Annual report of the fire commissioners. § 200. General powers of the board of fire commissioners. The board of fire commissioners of a village, 1. Has the care, custody and control of all property belonging to the fire department. 2. May purchase fire engines, hose, hose carts, horses, tools, im- plements and apparatus suitable and necessary to prevent and ex- tinguish fires within the village, and keep the same in good con- dition and repair. 3. May erect and maintain suitable and necessary buildings for the fire department. 4. May construct and maintain reservoirs and cisterns and supply them with water for use at fires. 5. May adopt rules for the admission, suspension, removal and discipline of the members, officers and employes of the fire de- partment, may prescribe their powers and duties, and fix their compensation. 6. Has the control and supervision of the members, officers and employes of the department, may direct their conduct at fires, and prescribe methods for extinguishing fires. 7. May appoint persons other than members or officers of the department to take charge of the property of the department, and may fix their compensation. 8. May, in villages of the first or second class, appoint not more than twenty duty or " call men," and fix their duties and com- pensation. The Village Laws oe New Yoek 145 9. May inquire into the cause and origin of fires occurring in the village, and may take testimony in relation thereto. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 200; originally revised from L. 1870, Ch. 291, tit. 3, sec. 3, subds. 11, 12 and 13, as amended by L. 1874, Ch. 474; mostly new. Quorum. See General Construction Law, sec. 41. § 201. Ordinances. The board of fire commissioners may adopt ordinances for the following purposes: 1. To protect and preserve the property and apparatus of the department. 2. To prevent danger from fires and to protect property exposed to destruction or injury by fire. 3. To provide for pulling down, blowing up and the removal of buildings and property to arrest the progress of fires or extinguish the same. The board may enforce observance of such ordinances by the imposition of penalties. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 201. This section was new in former Village Law. Cross references. When ordinances take effect, see ante, see. 95; approval by board of trustees, see ante, sec. 94; violation of ordinances, see ante, sec. 93. § 202. Organization of companies. The board of fire commissioners may organize and maintain fire, hose, protective, and hook and ladder companies, whenever in its judgment the public interests require, by appointing a suffi- cient number of suitable persons as members thereof, respectively, not exceeding sixty to each fire company, sixty-five to each hook and ladder company and thirty to each hose company or pro- tective company. In villages having a population of eighteen hundred or over, hose companies may have a membership of not exceeding fifty members. Vacancies shall be filled by the board of fire commissioners upon nomination by the company. ~No new appointment shall be made to a company, unless the number of members thereof shall be less than the number hereby limited. The board of fire commissioners may, by resolution, consent to the incorporation of any of the companies so organized by them, 146 The Village Laws of New Yoek or may consent to the incorporation of the organization withoufc- incorporation of as many companies voluntarily organized in said- village as may be deemed necessary. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 202, as amended by L. 1903, Ch. 202 and L. 1905, Ch. 220; originally revised from L. 1870,. Ch. 291, tit. 3, sec. 5, as amended by L. 1886, Ch. 600, L. 1847, Ch. 151, see. 1, L. 1887, Ch. 244, sec. 1, as amended by L. 1888, Ch. 342 and sec. 2. Cross references. Incorporation and powers of company, see Membership Corporation Law, sees. 100, 101; taking by devise, see Decedent Estate Law,, sec. 20; power to take and hold property, see General Corporation Law, sec. 11. Revisers' note (1897). The Membership Corporations Law, section 65, re- quires the consent of the trustees of a village to the incorporation of fire,. ete., companies. There is considerable diversity in the several laws as to the number of members in a company. The commission has followed section 5 of title III of the act of 1870. § 203. Incorporation of fire department. The members of all the fire, hose, protective and hook and. ladder companies of a village, organized and maintained in pur- suance of law, constitute a corporation by the name of the " fire- department of ." The term, fire department of a village,. as used in this chapter, refers to such a corporation. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 203; originally revised from L. 1887, Ch. 244, sec. 2. Revisers' note (1897). L. 18S7, chap. 244, sec. 2; R. S., 9th ed., 2696, with- out change of substance. The provisions of section 2 of the act of 1887, relating to general powers of the corporation, are fully covered by sections. 11, 12, of the General Corporation Law. § 204. Election of company officers and delegates. Each of the several companies whose members constitute the fire department of the village shall hold an annual meeting on the first Tuesday in April in each year. At such meeting the mem- bers of each company shall elect by ballot from their number a foreman and an assistant foreman, who must be approved by the board of fire commissioners, two wardens, and three delegates to the general convention of the fire department. The terms of office 01 the foreman, assistant foreman and wardens shall be one year, respectively, and any vacancies occurring in any of such offices shall be filled by election in like manner. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 204; originally- revised from L. 1870, Ch. 291, tit. 2, sec. 4, in part, L. 1887, Ch. 244, sees. 3, 6. Right to vote. Where a member of a volunteer fire company has not paid his dues and fines for non-attendance his right to vote at meetings for the election of officers may be questioned, if the by-laws so prescribe. Rept of Atty.-Gen., March 17, 1911. The Village Laws of New Yoek 147 § 205. Chief engineer and assistant engineers. The chief engineer and the first and second assistant engineers of the fire department shall each be a member thereof and an elector of the village. The delegates elected to the general con- vention of the fire department shall meet at the council room thereof on the Thursday following the first Tuesday in April and nominate a person for each of such offices ; but the fire commis- sioners of any village may adopt a rule requiring all such nomi- nations to be made on that day by a vote of the duly qualified members of the department, in which case the meeting of the delegates in general convention, as provided for in this section, shall be dispensed with. The person acting as secretary of such convention shall forthwith file in the office of the village clerk a certificate of such nominations. The board of fire commissioners at its next meeting shall consider the nominations and appoint such persons as it may approve to the offices to which they are respectively nominated. If a nomination is not approved the board shall appoint a qualified person to such office. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 205, as amended by L. 1898, Ch. 145; originally revised from L. 1887, Ch. 244, sees. 3, 4. The amendment by L. 1898, Ch. 145, added the provision authorizing the commissioners to adopt a rule, etc., as to nominations. Construction of former law. People v. Hayes, 20 App. Div. 36, 46 N. Y. Supp. 546. § 206. Council of fire department. In a village in which separate fire commissioners are not ap- pointed, the chief engineer, the assistant engineers and the war- dens of the several companies constitute the council of the fire department. The council shall meet on the third Tuesday in April in each year and choose from its own number a secretary, a treasurer and a collector of the fire department, who shall hold their respective offices for one year unless sooner removed by the council. A vacancy in the office of secretary, treasurer or col- lector shall be filled by the council at its next meeting for the balance of the unexpired term. Such council shall have all the powers and be subject to all the liabilities and perform all the duties of a separate board of fire commissioners, as prescribed in section two hundred of this chapter, except subdivisions two,, three, four and eight and the fixing of compensation under sub- 148 The Village Laws of New Yohk •divisions five and seven of such section, and as to the provisions ■of such subdivisions such council shall only recommend to the board of trustees of the village. A majority of the members of such council constitute a quorum, and may make and prescribe by-laws for the proper management of the affairs and the dis- position of the funds of the fire department, may call meetings of the members, and designate one or more days in each year for public exercise, inspection and review. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 206, as amended by L. 1904, Ch. 645 and L. 1908, Ch. 302; originally revised from L. 1S47, Ch. 151, sec. 2, L. 1887, Ch. 244, sees. 6, 8. Editor's note. The Legislature provided that there should be a council only in villages in which a separate board of fire commissioners does not «xist. Otherwise all its powers are possessed by the board of fire commis- sioners. Power to appoint a chief engineer of the fire department of Dobbs Ferry which has no board of fire commissioners rests with the board of trustees and not with the council of the fire department under sec. 89 of the Village Law, subd. 19. People ex rel. Wallace v. Carpenter (1912), 77 Misc. 244. | 207. Meetings of fire department. The members of the several companies constituting the fire de- partment shall hold a general meeting at the council room, or at such other place as the council may direct, on the first Friday following the first Tuesday in April of each year, at seven o'clock in the afternoon, to hear the annual report of the secretary and treasurer, and to transact any other proper business of the fire department. If a meeting or election of the fire department shall not be held on the day fixed by this article therefor the corpora- tion shall not on that account be dissolved, but the meeting or election may be held on a subsequent day in accordance with its by-laws. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 207; originally revised from L. 1887, Ch. 244, sees. 9, 10. % 208. Duties of chief engineer and assistants. The chief engineer shall be president of the council and of the meetings of the fire department. He shall, under the direction of a separate board of fire commissioners, if any, have exclusive control of the members at all fires, inspection and reviews the supervision of the engines, hose and other apparatus owned by ■the village for the prevention or extinguishment of fires, of all property owned by the fire department, and of all officers and employes thereof elected or employed by the council or by a The Village Laws of New Yoek 149 separate board of fire commissioners, if any. He shall, whenever- required by the board of fire commissioners, report to the board the condition of the property of the department and such other information respecting the department as may be required. He shall hold the members, officers and employes of the department strictly to account for neglect of duty, and may, in a village in which separate fire commissioners are not appointed, suspend or ■discharge them at any time, subject to the approval of two-thirds of the members of the council at the next meeting. He shall, upon application, and if authorized by the council, or a separate board of fire commissioners, if any, issue through the secretary of the fire department a certificate of the time of service of a member of the fire department, and shall give to each officer of the depart- ment immediately after his election a certificate thereof counter- signed by the secretary. In case of the inability or absence of the chief engineer, the first assistant engineer, and in case of the absence or inability of both the chief engineer and first as- sistant, the second assistant engineer, shall perform the duties and have all the powers of the chief engineer. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 208; originally Tevised from L. 1870, Ch. 291, tit. 3, see. 7, L. 1887, Ch. 244, sec. 5. Cross references. Duties of chief as to fire escapes, see General Business Xaw, sec. 205. ■§ 209. General exemptions of firemen. A full term of service in a fire department is five successive years. A person who has served in a fire department of a village, after becoming eighteen years of age, shall be entitled to a cer- tificate of such service, signed by the president, and under the corporate seal, or by the chief engineer and the secretary of the fire department, under the seal of the department, or by a majority of the members of the board of fire commissioners in a village in which separate fire commissioners are appointed. Such certifi- cate shall be presumptive evidence of the facts stated therein. A member of a fire department who removes from the village shall be allowed, as part of a full term, the time he has served con- tinuously as fireman therein, if, within three months thereafter, he becomes a member of the fire department of another village or city ; and, upon completing a full term, shall be entitled to all the privileges and exemptions thereby secured to firemen. 150 The Village Laws of New Yobk Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 209; originally- revised from L. 1870, Ch. 291, tit. 3, sec. 6, L. 1847, Ch. 151, sec. 3, L. 1887, Ch. 244, sees. 11-12. Cross references. Exemption from military duty, see Military Law, sec. 1, subd. 4; exemption from jury duty, see Judiciary Law, sec. 546, subd. 13; exemption from village taxation, see ante, sec. 132; payment to executors, of firemen, see General Municipal Law, sec. 205; free use of railroads, tele- graph and telephone lines, see General Municipal Law, sees. 206, 207. Revisers' note (1897). The Military Code, section 2 (Laws 1893, Ch. 550), exempts firemen and exempt firemen who have served a full term from military service. Code Civil Procedure section 1030, exempts firemen and exempt firemen who have served five years from jury duty. This section requires the service in another village or city to be resumed within three months. There is no limitation in the present law. Section 132 of this chapter authorizes villages to exempt firemen from taxation for village pur- poses. Repealed or superseded in effect by General Municipal Law, sections 20Q» 205. Rept. Atty.-Gen., March 28, 1911. § 210. Annual report of the fire commissioners. Between the first and fourth day of March in each year, the board of fire commissioners shall file with the village clerk a re- port containing a statement of the following facts: 1. The amount of money on hand at the beginning of the pre- ceding fiscal year, and the receipts from all sources during such year. 2. An itemized statement of the amount paid out during such year, and the balance on band. 3. The outstanding indebtedness of the department, either bonded or otherwise, separately stated. 4. A statement of the principal or interest which will become due during the current fiscal year on bonds or certificates of in- debtedness. 5. The improvements made during such preceding year, and the general condition of the property of the fire department. 6. Such other facts as the board deems important for the in- terest of the village, together with such recommendations concern- ing the department as may be deemed proper. Added by Legislature. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 210. This section was new in former Village Law. I The Village Laws of New Yoke 151 AKTIOLE IX. Watee. Section 220. Contracts for water supply. 221. Election for water works. 222. Acquisition of- existing system. 223. Establishment of water works. 224. Supervision and extension of system. 225. Acquisition of additional water rights. 226. Water pipes in highways outside of village. 227. Connections with mains. 228. Ordinances. 229. Establishment of water rents. 230. Assessment for fire protection. 231. Reservoirs. 232. Supplying water outside of corporate limits. 233. Outside extension of mains. 234. Contracts with other municipalities. 235. Annual report of water commissioners. ^ 220. Contracts for water supply. The board of water commissioners may contract in the name of the village, with an individual or corporation for supplying water to the village for extinguishing fires or for other public purposes ; but such contract shall not be made for a longer period than five years, nor at an expense for each fiscal year exceeding two and a half mills on every dollar of the taxable property of the village as appears on the last preceding village assessment- roll, unless authorized at a village election. The amount of such contract shall be paid in annual instalments, commencing with the date of the contract. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 220; originally revised from L. 1870, Ch. 291, tit. 4, sec. 7, as added by L. 1879, Ch. 129. Cross references. Incorporation and powers of water works corporations, see Transportation Corporation Law, sees. 80-85; contracts with municipali- ties, see Transportation Corporations Law, sees. 81, 85. Editor's note. Amended by the Legislature changing the maximum con- tract price from fifty cents per capita to two and one-half mills on every taxable dollar. There is no legal obligation upon a village to furnish water. Wainwright v. Queens, etc., Co., 78 Hun, 146 (1894), 28 N. Y. Supp. 987. Power of water commissioners limited and they cannot bind the village oy any contract beyond the powers conferred by statute. Village of Fort Edward v. Fish, 86 Hun, 548 (1895), 33 N. Y. Supp. 784. 152 The Village Laws of ]STew Yoek Water commissioners are agents of the village and it does not matter "whether the contract is made in the same of the board or the village- Fleming v. Village of Suspension Bridge, 92 N. Y. 368 (1883); King v. Village of Randolph, 28 App. Div. 25 (1898). Presentation of claim to treasurer of water works board sufficient to- entitle plaintiff to costs where contract was made with such board who were also trustees of the village, and the treasurer had sole control of the water works fund. Hallinan v. Village of Fort Edward, 26 Misc. 422 (1899). Common Council has no power, prior to the acquisition of its water supply system, to bind the municipality by a contract placing the system in charge of an engineer for an indefinite period and allowing him a percentage on the amounts expended upon addition to the plant. Witmer v. City of James- town, 125 App. Div. 43 11908). A charter provision requiring the trustees to contract for a term of years in advance will be construed as an exception to the rule forbidding the creation of any debt or liability beyond the amount of taxes applicable to- the payment thereof, voted to be raised according to law. Port Jervis, etc., Co. v. Village of Port Jervis, 151 N. Y. Ill (1896). Contract of water supply not extended to entire village where it originally- applied only to one of the towns incorporated therein. In re Beauty Springs- Water Co., 118 N. Y. Supp. 659 (1909). § 22i. Election for water works. A proposition may be submitted at a village election for the establishment of a system of water works for supplying the vil- lage and its inhabitants with water, or for the acquisition of an existing private system, at an expense in either case not exceed- ing the sum stated in the proposition. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 221; originally revised from L. 1875, Ch. 181, sec. 21, in part. This article is a substitute for L. 1875, Ch. 181 as a whole. Specific ref- erence to the source of each section is impractical. The act of 1875, Ch. 181, prior to its repeal was amended as follows: sec. 2 by L. 1891, Ch. 74; sec. 3 by L. 1894, Ch. 318; sec. 4 by L. 1895, Ch. 383; sec. 5 by L. 1885, Ch. 211; sec. 6 by L. 1885, Ch. 211; sec. 7 by L. 1885, Ch. 211; sec. 8 by L. 1881, Ch. 175; sec. 9 by L. 1892, Ch. 195; sec. 10 by L. 1889, Ch. 455; sec 12 by L. 1895, Ch. 383; sec. 15 by L. 1896, Ch. 310; sec. 16 by L. 1890, Ch. 527; sec. 17 by L. 1889, Ch. 455; sec. 18 by L. 1890, Ch. 527. Revisers' note (1897). The act of 1875 has been rewritten and its sub- stantial provisions incorporated in this article. There are many changes- in detail in furtherance of simplicity and uniformity. Requirement that voter be a taxpayer is not unconstitutional. Spitzer v. Village of Fulton, 172 N. Y. 285 (1902), aff'g 61 App. Div. 612. Submission of proposition should not be in the alternative. Either the- establishment or the acquisition of an existing system should be proposed. Village of Hempstead v. Seymour, 34 Misc. 92 (1901), 69 N. Y. Supp. 462. The Village Laws of New Yoek .155 The word " raised " used in a proposition submitted to the electors, for the purchase of a water system, is sufficient to have been understood by the voters as contemplating the raising of money by the issuing of bonds or other obligations. New York, etc., Co. v. Keator, 62 App. Div. 577 (1901), 71 N. Y_ Supp. 185, aff'd 173 N. Y. 235. It was the intention of the legislature to place in the hands of the voters of every village the determination of the question whether or not the village should own its water supply. Village of Waverly v. Waverly Water Works Co. (1910), 69 Misc. 373. § 222. Acquisition of existing system. If a proposition be adopted for the acquisition of an existing system of water works, the board of water commissioners may purchase the same at a price not exceeding the sum specified therein. If the board can not agree with the owners of the system for its purchase, proceedings may be taken to acquire the same by condemnation. If the value thereof fixed by the commissioners- appointed in the condemnation proceedings be greater than the sum specified in the proposition, such proceedings must be dis- continued, unless the payment of the additional amount be author- ized at a village election. If the proceedings be so discontinued the costs and disbursements of the defendants therein are a charge against the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 222. Property of existing plant need not be acquired. Skaneateles, etc., Co. v. Village of Skaneateles, 161 N. Y. 154 (1899), aff'g 33 App. Div. 642, aff'd 184 U. S. 354 (1902); see Colby Univ. v. Canandaigua, 69 Fed. 671 (1895), aff'd 96 Fed. 449. Refusal to enter into negotiations on the part of the water company will authorize proceedings by condemnation. Village of Waverly v. Waverly, etc., Co., 127 App. Div. 440 (1908), 111 N. Y. Supp. 541, aff'd 194 N. Y. 31. Existing water company's franchise not exclusive and the municipality has. the power to determine whether the right reserved upon the granting of the first franchise shall be exercised by a private corporation or the muni- cipal corporation itself. Skaneateles, etc., Co. v. Village of Skaneateles, 161 N. Y. 154 (1899), aff'g 33 App. Div. 642. § 223. Establishment of water works. If a proposition to establish a system of water works be adopted,., the board of water commissioners shall proceed to construct such system accordingly. It shall prepare a map and plans showing the sources of water supply and a description of the lands, streams, water or water rights to be acquired therefor, and the mode of constructing the proposed water works and the location thereof,, including reservoirs, mains, distributing pipes and hydrants. The water commissioners, their agents, servants and employes,, may enter upon any lands for the purpose of preparing such. 15i The Village Laws of [New Yoek map and plans. The map and plans shall be filed with the vil- lage clerk, and a certified copy of such map shall also be filed in the county clerk's office of each county in which any of the lands are situated. The board of water commissioners may acquire, in the name of the village, by purchase, if it can agree with the owners, or otherwise by condemnation, any land, streams, water or water rights necessary for such system. The board may amend the map and plans at any time and such amended map shall be filed in the office of the village clerk, and of the county clerk, in like manner as the original. The board may construct such water system by contract or otherwise, and may appoint and at pleasure remove a superintendent to take charge of the system, and may fix his compensation. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 223. Cross references. Condemnation proceedings, see Code Civ. Pro., sees. 3357- 3384. Board of water commissioners sole arbiters as to the source from which the water shall be procured and they are not required to present such question to the taxpayers. Lawrence v. Freeland, 29 N. Y. St. Rep. 284 (1890), 8 N. Y. Supp. 807. Proceedings in name of village should be taken and not in the name of the board of water commissioners. Matter of Roe, 59 Misc. 535 (1908), 111 N. Y. Supp. 755. Petition should allege the filing of the map and plans. See Village of Champlain v. MeCrea, 33 App. Div. 259 (1898), 53 N. Y. Supp. 1096, rev'd on another point 165 N. Y. 264. Allegation in petition that proceedings were instituted as provided in this section should not be treated as an averment that the water company was organized under such law and subject to the provisions of such section with respect to filing a map and plans, when, the petition, read as a whole •discloses that the company was organized under a former statute. Village of Champlain v. MeCrea, 165 N. Y. 264 (1901), rev'g 33 App. Div. 259. Entry made before condemnation proceedings is tortious, and the village and its agents are mere trespassers. The only entry which the statute authorizes, before condemnation is " for the purpose of making survevs and to agree with the owner" as to the amount of compensation. Village of Johnsville v. Smith, 184 N. Y. 341 (1906), rev'g 90 App. Div. 618. Village has right to construct its own system of water works and a prior water company has no exclusive franchise. Skaneateles Water Co. v. Village of Skaneateles, 161 N. Y. 154; citing, In re Beauty Springs Water Co., 118 N. Y. Supp. 659 (1909). Where in action by riparian owner to enjoin the diversion of a stream, it appeared that the same had been so diverted for a system of water works more than fifteen years before and that during that time there had been no assertion of right, the complainants are guilty of such laches as will defeat the action. Penrhyn, etc., Co. v. Granville, etc., Co., 181 N. Y. 80 (1905), rev'g 84 App. Div. 92; 82 N. Y. Supp. 547. The Village Laws of New Yokk 155 Village cannot be enjoined from condemning land purchased by a company for the purpose of thwarting the village in the acquisition of its water system. Tillage of Fultonville v. Fonda, etc., Works, 35 Misc. 426. § 224. Supervision and extension of system. A system of water-works acquired or established under this article shall be under the control and supervision of the board of water commissioners. The board shall keep it in repair and may, from time to time, extend the mains or distributing pipes within the village, if the expense thereof in any year in a village of the fourth class shall not exceed five hundred dollars, in a village of the third class one thousand dollars, in a village of the second class fifteen hundred dollars, and in a village of the first class two thou- sand dollars. If the estimated expense will exceed the above t.rnount, such extension can only be made when authorized by a proposition adopted at an election. A board may, in lieu of ex- tending the mains or distributing pipes, use the amount above specified, or a part thereof, in improving, bettering or perfecting the existing system, such as mains, reservoir, pumping station, filter and lands ; but where a village of the second class supplies two or more other villages with water, through a system of dis- tributing pipes, in such villages, owned and controlled by it, the board of water commissioners of such village, may expend for ex- tensions of distributing pipes of its system in any year the sum of fifteen hundred dollars in addition to the foregoing amount. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 224 as amended by L. 1903, Ch. 131; L. 1913, Ch. 557. In effect May 16, 1913. Word "may" in the provision that the board of water commissioners may extend the mains within the village, etc., has been construed to mean " must." People v. Pierce, 64 Misc. 627 (1907), 119 N. Y. Supp. 21. By operating water system the village assumes a duty of a governmental character, imposed upon it as one of the political subdivisions of the state and it is not liable for injuries by fire alleged to have been sustained by the negligent use of the powers so acquired. Springfield, etc., Co. v. Village of Keyesville, 148 N. Y. 46 (1895). § 225. Acquisition of additional water rights. A proposition may be submitted at a village election to author- ize the board of water commissioners to acquire additional water or water rights, or to construct additional reservoirs, at an ex- pense not exceeding the sum therein stated. If adopted, such improvements shall be made accordingly. For that purpose, the board has the same power and is subject to the same duties and liabilities as in the construction of the original system of water works. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 225. Eatry before acquisition by condemnation. St. Johnsville v. Smith, 184 N. Y. 341. 150 The Village Laws of Xew Yoek Mere making and filing of map does not authorize the village to take- possession of the premises described and erect a water plant thereon. It is only after condemnation proceeding had and confirmed and compensation awarded that the property can be so taken. Village of St. Johnsville v.. Smith, 184 N. Y. 341 (1906), rev'g 90 App. Div. 618. Improvements made while a trespasser should be considered in ascertain- ing the compensation to be paid. Village of St. Johnsville v. Smith, 184 N. Y. 341 (1906), rev'g 90 App. Div. 618. § 226. Water pipes in highways outside of village. The board of water commissioners of a village may cause water- pipes to be laid, relaid or repaired under any public highway in a county in which any part of such village is situated, or in an adjoining county, for the purpose of introducing water into and through the village; and shall cause the surface of such highway to be restored to its usual condition. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 226; originally revised from L. 1875, Ch. 181, sec. 12, in part, as amended by L. 1895, Ch. 383. § 227. Connections with mains. Supply pipes connecting with mains and used by private owners, or occupants shall be laid and kept in repair at their expense. Such pipes can only be connected with the mains by the permis- sion and under the direction of the board of water commissioners. A member of the board or its authorized agent may at any time enter a building or upon premises where water is used from sup- ply pipes, and make necessary examinations. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 227; originally revised from L. 1875, Ch. 181, sees. 13, 14. § 228. Ordinances. The board of water commissioners may adopt ordinances, not inconsistent with law, for enforcing the collection of water rents and relating to the use of the water, and may enforce observance thereof, by cutting off the supply of water, or by the imposition of penalties. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 228; originally revised from L. 1875, Oh. 181, see. 19. Cross references. Ordinances approved by trustees, see ante, sec. 94; vio- lation of ordinances, see ante, sec. 93; when ordinances take effect, see ante,, sec. 95. Power of water commissioners to fix water rates is practically the same as under earlier statutes. Village of Liberty v. Newkirk (1912) 77 Misc. 214. Clerk of board of water commissioners of a village is not known to the law and if one is emnlo;erl. he ac!s simply as agent of the board. Village of Liberty v. Newkirk (1 !>!?), 77 Misc. 214. The Village Laws of New Yoke 157 § 229. Establishment of water rents. The board of water commissioners shall establish a scale of rents for the use of water, to be called " water rents," and to be paid at such times as the board may prescribe. Such rents shall be a lien on the real property upon which the water is used, and such lien is prior and superior to every other lien or claim, except •the lien of an existing tax, and the board of water commissioners may bring and maintain an action in the name of the village for the foreclosure of such liens for such water rents. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 229; originally revised from L. 1875, Oh. 181, sec. 13, in part. Amended by L. 1913, Oh. 183. In effect Apr. 3, 1913. Last sentence new in former Village Law. Collector of rents may be appointed by the board. Rept. of Atty.-Gen- (1902), 210. Water rents may be levied on property although no water is actually taken; but the owner is entitled to be heard, and a levy without notice is a taking without due process of law. Dasey v. Skinner, 33 N. Y. St. Rep. 15 (1890), 11 N. Y. Supp. 821. Erroneous tax against the wrong property will not invalidate the entire assessment, but it is a proper subject for correction by the Common Coun- cil. Hooker v. City of Rochester, 30 N. Y. Supp. 297 (1893). Enforcement of a statutory lien for unpaid water rents may be 'had by foreclosure action. Rept. of Atty.-Gen., May 9, 1911. § 230. Assessment for fire protection. A building and the lot upon which it stands, in or on which water from the water works is not used, or which does not take water from the water works corporation, situated within five hundred feet of a hydrant, may be- assessed by the board of water commissioners for fire protection. Notice of the proposed assess- ment, and that the board will meet at a time and place specified therein to hear objection thereto, must be served upon the owner or occupant of the building at least ten days before such meeting. The board shall meet at the time and place specified in the notice, and after hearing objections, shall complete such assessment. Upon the completion of the assessment, the board shall make a certificate thereof and deliver the same to the village treasurer. The treasurer may receive such assessments for thirty days with- out fee; after that time an action may be brought to recover the assessment, or a special warrant may be issued therefor, or the amount may be included in the next annual tax levy. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 230, as amended by L. 1902, Oh. 591; originally revised from L. 1889, Oh. 507, as amended by L. 1894, Oh. 284. Editor's note. The Legislature changed the aistance within which property should be assessable from 200 feet of a hydrant to 500 feet. See note preceding section. loS The Village Laws of ^ew Yoek Personal property cannot be assessed for fire protection. Rept. of Atty.- Gen. (1904), 213. A statute authorizing commissioners to lay and assess water rates upon property not using water from the municipal system is invalid. Warsaw, etc., Co. v. Village of Warsaw, 161 N. Y. 176 (1899), mod'g 16 App. Div. 502; Skaneateles, etc., Co. v. Village of Skaneateles, 161 N. Y. 154 (1899), aff'g 33 App. Div. 642. § 231. Reservoirs. In the construction of a storage reservoir connected with the sytem of water works, all vegetable or other matter subject to de- cay shall be removed from the banks thereof between its highest and lowest possible flow line, or such space be covered by gravel or stone to prevent such decay. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 231; originally revised from L. 1875, Ch. 181, sec. 23. § 232. Supplying water outside of corporate limits. The board of water commissioners may sell to a corporation or individual outside the village the right to make connections with the mains for the purpose of drawing water therefrom, and fix the prices and conditions therefor. If the mains are or shall be laid in or through another municipal corporation not having a public system of water works, the board of water commissioners may itself lay additional pipes for the purpose of distributing water from such mains, and shall have the same rights in the streets or highways of such other municipal corporation as if the principal system were established therein. The board shall not sell nor permit the use of water under this section if thereby the supply for the village or its inhabitants will fee insufficient. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 232; originally revised from L. 1875, Ch. 181, sec. 12, in part, as amended by L. 1895, Ch. 383. § 233. Outside extension of mains. A proposition to extend water mains outside the village may be submitted at an election. Such proposition shall contain a general description of the proposed extension and the estimated expense thereof. If the proposition be adopted, the board of water commissioners shall make the extension accordingly. For that purpose the board shall have the same powers and be snb- The Village Laws of New Yoek 159 ject to the same duties and liabilities as in the construction of the original system of water works. Derivation^ Former Village Laws (L. 1897, Ch. 414), see. 233; originally- revised from L. 1886, Ch. 497, as amended by L. 1896, Ch. 329. § 234. Contracts with other municipalities. If the mains are or shall be laid into or through a town, a water supply district thereof, another village or a tire district in an. unincorporated village, the board of water commissioners may contract with the town board on behalf of the town or water supply district, or with the board of trustees of a village or the fire commissioners of a fire district, respectively, to furnish water for the extinguishment of fires or for sanitary or other public purposes. Such contract shall not be for a longer period than ten years, nor shall the amount agreed to be paid in any one year exceed two and a half mills for every dollar of the taxable prop- erty in such town, village, or fire or water supply district. The amount payable each year by such contract shall be raised as a part of the expense of such town, village or fire district, and paid to the treasurer of the village owning such system of water works. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 234, as amended by L. 1899, Ch. 82.. § 235. Annual report of water commissioners. Between the first and fourth day of March in each year the hoard of water commissioners shall file with the village clerk a report containing a statement of the following facts : 1. The amount of money on hand at the beginning of the pre- ceding fiscal year, and the receipts from all sources during such year. 2. An itemized statement of the amount paid out during suchi year, and the balance on hand. 3. The outstanding indebtedness of the department, either bonded or otherwise, separately stated. 4. The estimated deficiency in the amount necessary to pay principal or interest or the expenses of the department during the next fiscal year, after applying thereto to the probable amount of water rents or other income to be received, and any amount avail- able from the sinking fund. 160 The Village Laws of New Yoek 5. The improvements and extensions made during such pre- ceding year and the general condition of the water works. 6. Such other facts as the board deems important for the in- formation of the village, together with such recommendations con- cerning the department as may be deemed proper. Derivation: Former Village Laws (L. 1897, Ch. 414), sec. 235; originally a substitute for L. 1875, Ch. 181, sec. 17, as amended by L. 1889, Ch. 455, requiring report to board of supervisors. Cross references. Contracts for purification of water, see General Municipal Law, sec. 120. Board of water commissioners is not a corporation, the commissioners are merely the agents of the village. King v. Village of Randolph, 28 App. Div. 25 (1898), 50 N. Y. Supp. 902; Fleming v. Village of Suspension Bridge, 92 N. Y. 368 (1883). Water commissioners cannot sell bonds at less than their par value, and any contract so made by them is ultra vires and void. Village of Fort Edward v. Fish, 86 Hun, 548 (1895), 33 N. Y. Supp. 784, aflf'd 156 N. Y. 363. The Village Laws of New Yoek 161 AETICLE 2. Light. Section 240. Contracts for lighting. 241. Election for lighting system. 242. Acquisition of existing system. 243. Establishment of lighting system. 244. Supervision and extension of system. 245. Ordinances. 246. Establishment of light rents. 247. Annual report of light commissioners. | 240. Contracts for lighting. The board of light commissioners may contract, in the name -of the village, with an individual or corporation, for lighting the streets, public grounds and public buildings of the village by gas, •electricity or other substance ; but such contract shall not be made for a longer period than five years, nor at an expense for each fiscal year exceeding two and a half mills on every dollar of tax- ■able property of the village as appears on the last preceding vil- lage assessment-roll, unless authorized at a village election. The amount of such contract shall be paid in annual instalments, ■commencing with the date of the contract. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 240; originally revised from L. 1888, Ch. 452, as amended by L. 1896, Ch. 166; L. 1894, Ch. 673, as amended by L. 1896, Ch. 663; L. 1870, Ch. 291, tit. 4, see. 8, as -added by L. 1891, Ch. 139. Cross references. Powers of corporation having .contract, see Transpor- tation Corporations Law, sec. 61; organization and powers of gas and electric light corporations, see Transportation Corporations Law, sees. 60-66. Revisers' note (iSgj-). This section is a substantial re-enactment of the Act of 1888, except that the limitation of amount is raised from one and a half to two and a half mills per annum, to conform to the special act relating to Westchester and Rockland counties. (Laws 1894, chap. 673, as -amended by Laws 1896, chap. 663.) The provision that in villages of less than 3,000 population the amount shall not be more than $2,000 is omitted and all villages places on the same basis. This has already been done as to villages in Westchester, Richmond and Rockland counties. The act of 1888 provides that the act shall not apply to villages of over 8,000 popu- lation by the census of 1880. This exception is omitted. The provision of the act of 1870 (sec. 8 of tit. IV) is superseded by the act of 1888, as amended by Laws 1893, chap. 473. In that section there is no limitation upon the amount. The section also provides absolutely that the contract ~be for not more than five years. 1G2 The Village Laws of New Yoek Trustees may grant franchise to an individual or a corporation. Wakefield Y. Village of Theresa, 125 App. Div. 38 (1908), 109 N. Y. Supp. 414. Franchise cannot be impeached where it was originally made for five years with privilege of renewal, but the owner was allowed to continue from year to year without formal renewal. Wakefield v. Village of Theresa, 125- App. Div. 38 (1908), 109 N. Y. Supp. 414. § 241. Election for lighting system. A proposition may be submitted at a village election for the establishment of a system for supplying the village and its in- habitants with light by any approved method, or for the acquisi- tion of an existing private system, at an expense in either case not exceeding the sum stated in the proposition. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 241 f originally revised from L. 1894, Ch. 680, sees. 3-5. Proposition does not violate Election Law in stating more than one propo- sition, because the ballot as printed authorizes lighting by water power, purchased current or any approved combination of these methods. Everett v. Village of Potsdam, 112 App. Div. 727 (1906), 98 N. Y. Supp. 963. Propositions cannot be united so as to propose the acquisition of an exist- ing private system and the construction of an original plant. Village of Hempstead v. Seymour, 34 Misc. 92 (1901), 69 N. Y. Supp. 462. § 242. Acquisition of existing private system. If a proposition be adopted for the acquisition of an existing private lighting system, the board of light commissioners may purchase the same at a price not exceeding the sum specified therein. If the board can not agree with the owners of the system for its purchase, proceedings may be taken to acquire the same by condemnation. If the value thereof fixed by the commis- sioners appointed in the condemnation proceedings be greater than the sum specified in the proposition, such proceedings must be discontinued, unless the payment of the additional amount be; authorized at a village election. If the proceedings be so dis- continued, the costs and disbursements of the defendants therein, are a charge against the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 242; originally revised from L. 1894, Ch. 680, sec. 6. Cross references. Condemnation proceedings, see Code Civ. Pro., sees. 3357- 3384. The Village Laws of Xew York 16$ § 243. Establishment of lighting system. If a proposition to establish a lighting system be adopted, the- board of light commissioners shall proceed to construct such sys- tem accordingly. It shall prepare a map and plans of such system indicating the streets and localities in the village to be supplied with light thereby, and shall file the same in the office of the vil- lage clerk. The board of light commissioners may acquire in the- name of the village, by purchase, if it can agree with the owners, or otherwise by condemnation, any land necessary for such sys- tem. The board may amend the map and plans at any time and such amended map shall be filed in the office of the village clerk in like manner as the original. The board may construct such lighting system by contract or otherwise. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 243; originally revised from L. 1894, Ch. 380, sees. 3-5. No power to establish plant for supplying the village and its inhabitants without a certificate from the state commission of gas and electricity. Pots- dam, etc., Co. v. Village of Potsdam, 49 Misc. 18, 97 N. Y. Supp. 190, aff'd. 113 App. Div. 894. § 244. Supervision and extension of system. The lighting system acquired or established under this article shall be under the control and supervision of the board of light commissioners. The board shall keep it in repair and may, from time to time, if it has sufficient funds, extend such system, if the expense thereof in any year will not exceed one thousand dollars- If the estimated expense will exceed one thousand dollars, such extension can only be made when authorized by a proposition adopted at an election, in which event, it shall be so made. Such system may be so extended outside the village in, upon and along- the highways within a town in which the village is wholly or partly situated, provided, however, that if at the time of such ex- tension there shall be a private electric light corporation operating; within such village or within the territory into which such system. 164 The Village Laws of New Yoek shall be extended, such extension shall not be made without the permission and approval of the proper public service commission. If such system shall be so extended outside of a village into or through a town or a lighting district thereof, the board of light commissioners of the village may contract with the town board of such town for lighting the streets, highways, public grounds and public buildings of such town or lighting district, in pursuance of the provisions of article twelve of the town law, which shall be applicable to such contract and to the levying of a tax for the payment of the amounts which shall be payable thereunder to the treasurer of the village. Wherever such system shall be so ex- tended outside a village, occupants of premises adjacent to such -extended system outside the village shall be entitled to be supplied with light therefrom under the same conditions and at the same rates as occupants of premises in the village. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 244. Amended by L. 1912, Oh. 364. In effect Apr. 15, 1912. § 245. Ordinances. The board of light commissioners may adopt ordinances, not inconsistent with law, for enforcing the collection of light rents and relating to the use of light, and may enforce observance thereto, by cutting off the supply of light or by the imposition of penalties. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 245; originally revised from L. 1894, Oh. 680, sec. 3, in part. Cross references. Violation of ordinances, see ante, sec. 93; approval by board of trustees, etc., see ante, sec. 94; when ordinances take effect, see ante sec. 95. The Village Laws of New Yoek 164a § 246. Establishment of light rents. The board of light commissioners shall establish a scale of rents for the use of light, to be called " light rents," and to be paid at such times as the board may prescribe. Derivation. Former Village Laws (L. 1897, Gh. 414), sec. 246; originally Teviaed from L. 1894, Oh. 680, sec. 3, in part. Cross references. Establishment of water rents, see ante, sec. 229. Collector may be appointed by tihe commissioner. Eept. of Atty.-Gen (1902), 210. § 247. Annual report of light commissioners. Between the first and fourth day of March in each year, the board of light commissioners shall file with the village clerk a report containing a statement of the following facts : 1. The amount of money on hand at the beginning of the pre- ceding fiscal year, and the receipts from all sources during such year. 2. An itemized statement of the amount paid out during such year, and the balance on hand. 3. The outstanding indebtedness of the department, either bonded or otherwise, separately stated. 4. The estimated deficiency in the amount necessary to pay the principal or interest or the expenses of the department during the next fiscal year, after applying thereto the probable amount of light rents to be received, and any amount available from the sinking fund. 5. The improvements and extensions made during such preced- ing year, and the general condition of the lighting system. 164b The Village Laws oe New Yoek 6. Such other facts as the board deems important for the in- formation of the village, together with such recommendations con- cerning the department as may be deemed proper. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 247. This section was new in former Village Law. The Village Laws of New Yobk 165 AETICLE XL Sewees. Section 260. Establishment of sewer system. 261. Construction of sewer at expense of village. 262. Reimbursement for sewers constructed at private expense. 263. Construction of sewer at joint expense of village and of prop- erty benefited. 264. Constructed of sewers wholly at expense of property benefited. 265. Acquisition of property by condemnation. 266. Contracts for construction of system. 267. Supervising engineer; inspectors. 268. Apportionment of local assessment. 269. Appeal from apportionment. 270. Hearing of appeal. 271. Reapportionment. 272. Procedure by new commissioners. 273. Fees of commissioners. 274. Expense of construction; how raised. 275. Tax for unpaid assessments. 276. Contracts with other municipalities, sewer districts, etc. 277. Annual report of sewer commissioners. 278. Sewer connections. | 260. Establishment of sewer system. The board of sewer commissioners of a village may establish, extend and maintain a sewer system therein. Before taking any proceedings for the construction of any sewer, the board, at the expense of the village, shall, unless such map and plan have al- ready been officially approved by the state commissioner of health and copies filed in the state department of health and in the office of the village clerk, cause a map and plan of a permanent sewer system for such village to be made, with specifications of dimen- sions, connections and outlets or sewage disposal works. It may also include any existing sewer in the village, which on examina- tion by the village engineer shall be found feasible and proper to incorporate or include in the proposed system. Such map and plan shall be comprehensive and shall cover all portions of the village, but the village may construct the whole of the said sys- tem or may temporarily omit any portions thereof until such portions may be necessary, subject to the approval of such omis- See Joyce on Nuisance; Parker & Worthington on Public Health and. Safety. 166 The Village Laws of New Yoke sion by the state commissioner of health as hereinafter provided- Such map and plan shall he submitted to the state commissioner of health for his approval, and if approved shall be filed in his office. A copy thereof shall also be filed in the office of the village clerk. The map and plan may be amended, with the approval of the state commissioner of health, and when so amended and ap- proved shall be filed in the same offices as the original. No work of any kind shall be done on or for the construction, extension, reconstruction, removal or modification of any system of sewers or of any sewer thereof until a map and plan covering the entire system shall first have been duly approved and filed as above pro- vided, and in the execution of the construction, extension, recon- struction, removal or modification of any system of sewers or of any sewer thereof no deviations from the plans as finally approved and filed shall be made until plans or descriptions adequately showing such deviations are first approved and filed as above pro- vided. Whenever the board of sewer commissioners of the village shall deem it desirable to the interests of the village that a portion of the permanent general system of sewers and sewage disposal thereof may be temporarily omitted or deferred, it shall certify that fact in writing to the state commissioner of health, desig- nating by a map or otherwise the portions of the system to be omitted, or the portion not to be omitted, and on receipt of the same the state commissioner of health may approve of such tem- porary omission and shall certify his determination to the board of sewer commissioners of the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 260, as amended by L. 1906, Ch. 278; originally revised from L. 1889, Ch. 375, in part. This section is » substitute for L. 1889, Ch. 375. Specific reference to the source of each section is for the most part impractical. L. 1889, Ch. 375, before its repeal was amended as follows: sec. 2 by L. 1891, Ch. 306- sec. 3 by L. 1895, Ch. 202; 'sec. 4 by L. 1893, Ch. 422; sec. 7 by L. 1896, Ch. 409; sec. 8 by L. 1891, Ch. 316; sec. 10 by L. 1896, Ch. 409; sec. 14 by L. 1891, Ch. 316; sec. 15 added by L. 1892, Ch. 564. Cross references. Purification of sewage, see General Municipal Law, sec. 120; protection of waters from discharge of sewage, see Public Health Law sec. 87; colleges may connect sewer system with village system, see Educa- tion Law, sec. 1106; municipal liability for a nuisance, see Joyce on Nuisances sec. 353. Revisers' note (1897). This article is a substitute for the Sewer Act of 1889. There are many changes in detail in furtherance of simplicity and uniformity, but the general scheme has not been substantially changed. The Village Laws of New Yoek 167 This section not so strictly construed as to require the map and plan to embrace every lateral sewer which may be needful for future develop- ment. Mead v. Turner, 119 N. Y. Supp. 526 (1909). Statute authorizing a city and a village to enter into an agreement to provide a sewerage system for the village, is not unconstitutional. Mead v. Turner, 119 N. Y. Supp. 526 (1909). SEWERS AND DRAINS In general. In the construction and maintenance of a sewer or drainage system a municipality exercises a part of the governmental powers of the state for the local convenience and benefits of the people. Hughes v. City of Auburn, 161 N. Y. 96 (1899). There is no presumption of lawful authority arising from the commission of the act, merely because done or directed by a municipality having general powers in this regard. Bradt v. City of Albany, 5 Hun, 591 (1875) ; Butler v. Village of White Plains, 59 App. Div. 30 (1901), 69 N. Y. Supp. 193. Authority to construct, conferred by charter does not give a right to commit a nuisance. Sammons v. City of Gloversville, 175 N. Y. 346 (1903), aff'g 67 App. Div. 628. Injunction may be granted notwithstanding the fact that the trespasser is a municipality. Stoddard v. Village of Saratoga Springs, 127 N. Y. 261 (1891); Schriver v. Village of Johnstown, 71 Hun, 232 (1893); Sammons v. City of Gloversville, 175 N. Y. 346 (1903), aff'g 67 App. Div. 628; Gerow v. Village of Liberty, 106 App. Div. 357 (1905), 94 N. Y. Supp. 949. Duty to construct. Unless so required by statute, a municipality is not legally compelled to construct sewers and drains. Hughes v. City of Auburn, 161 N. Y. 96 (1899); Anchor, etc., Co. v. Village of Dobbs Ferry, 84 Hun, 274 (1895); Seifert v. City of Brooklyn, 101 N. Y. 136 (1886); Mills v. City of Brooklyn, 32 N. Y. 489 (1865); Munn v. City of Hudson, 61 App. Div. 343 (1901); McCarthy v. City of Syracuse, 46 N. Y. 194 (1871). •But this rule does not apply where the necessity for the drainage is caused by the. act of the corporation itself. Byrnes v. City of Cohoes, 67 N. Y. 204 (1876); Vogel v. Mayor, etc., of New York, 92 N. Y. 11 (18S3). Plan adopted discretionary. The plan adopted for the construction of sewers is a matter resting within the judicial discretion of the municipal authorities. McCarthy v. City of Syracuse, 46 N. Y. 194 (1871); Garratt v. Trustees of Canandaigua, 135 N. Y. 436 (1892); Hughes v. City of Auburn, 161 N. Y. 96 (1899) ; Mills v. City of Brooklyn, 32 N. Y. 489 (1865) ; Seifert v. City of Brooklyn, 101 N. Y. 136 (1886); Ahrens v. City of Rochester, 97 App. Div. 480 (1904); Munn v. City of Hudson, 61 App. Div. 343 (1901); see Watson v. Village of Kingston, 114 N. Y. 88 (1889). The exercise of this discretion must, however, be reasonable, and the municipality will be liable for injuries which might have been avoided by change of plan or more prudent methods. Seifert v. City of Brooklyn, 101 N. Y. 136 (1886); Ahrens v. City of Rochester, 97 App. Div. 480 (1904) ji Rochester, etc., Co. v. City of Rochester, 3 N. Y. 463 (1850) ; Munn v. City of Hudson, 61 App. Div. 343 (1901); Stoddard v. Village of Saratoga Springs, 127 N. Y. 261 (1891). 168 The Village Laws of Xew Yoek Duty of repair. Having once constructed sewers and drains it is the duty of the municipality to keep them free from defects and in good repair. ^Rochester, etc., Co. v. City of Rochester, 3 N. Y. 463 (1850); Barton v. City of Syracuse, 36 N. Y. 54 (1867); Seifert v. City of Brooklyn, 101 ST. Y. 136 (1886); Munn v. City of Hudson, 61 App. Div. 343 (1901); Falcott v. •City of New York, 58 App. Div. 514 (1901); Schumacher v. City of New York, 40 App. Div. 320 (1899); McCarthy v. City of Syracuse, 46 N. Y. 194 (1871). The municipality is not an insurer of the condition of its sewers and -drains. Weidman v. City of New York, 84 App. Div. 321 (1903); Falcott -v. City of New York, 58 App. Div. 514 (1901).. It is only required to exercise reasonable diligence in their care and use. Smith v. Mayor, etc., of New York, 66 N. Y. 295 (1876); Falcott v. City of New York, 58 App. Div. 514 (1901); Weidman v. City of New York, 84 App. Div. 321 (1903); Barton v. City of Syracuse, 36 N. Y. 54 (1867). Municipality not liable for overflow caused by unusual flood or heavy Tains. Smith v. Mayor, etc., of New York, 66 N. Y. 295 (1876). Negligence. In order to warrant a recovery a clear case of negligence must be shown. Weidman v. City of New York, 84 App. Div. 321 (1903); Smith v. Mayor, etc., of New York, 66 X. Y. 295 (1876). And the question of negligence in maintenance is for the jury. Burnett v. Mayor, etc., of New York, 36 App. Div. 458 (1899). Liability for trespass or nuisance. Where sewage or overflow of water is conducted into the house or upon the premises of an individual, owing to some defect in construction or failure to properly repair, the municipality is responsible in damage for the trespass or nuisance. Schumacher v. City of New York, 40 App. Div. 320 (1899) ; Anchor, etc., Co. v. Village of Dobbs Ferry, 84 Hun, 274 (1895); Noonan v. City of Albany, 79 N. Y. 470 (1880); Byrnes v. City of Cohoes, 67 X. Y. 204 (1876) ; Hughes v. City of Auburn, 161 N. Y. 96 (1899); Vogel v. Mayor, etc., of New York, 92 N. Y. 11 (1883); Seifert v. City of Brooklyn, 101 N. Y. 136 (1886) ; Ahrens v. City of Rochester, 97 App. Div. 480 (1904); Munn v. City of Hudson, 61 App. Div. 343 (1901); Rochester, etc., Co. v. City of Rochester, 3 X. Y. 463 (1850); Bast able v. City of Syracuse, 72 N. Y. 64 (1878); Munn v. City of Hudson, 61 App. Diy. 343 (1901); McCarthy v. City of Syracuse, 46 N. Y. 194 (1871); New York, etc., R. Co. v. City of Rochester, 127 N. Y. 591 (1891); Stoddard v. Village of Saratoga Springs, 127 X. Y. 261 (1891); Evers v. Long Island City, 78 Hun, 242 (1894); Gillett v. Trustees of Kinderhook, 77 Hun, 604 (1894). Municipality liable for nuisance created by the operation of its sewerage system. Bolton v. Village of New Rochelle, 84 Hun (1895), 28 N. Y. Supp. 825; Sammons v. City of Gloversville, 175 N. Y. 346 (1903), aff'g 67 App. Div. 628; Gerow v. Village of Liberty, 106 App. Div. 357 (1905), 94 N. Y. Supp. 949. Measure of damages is the depreciation in rental value. Schriver v. Village of Johnstown, 71 Hun, 232 (1893), 24 N. Y. Supp. 1083; Gerow v. Village of Liberty, 106 App. Div. 357 (1905), 94 N. Y. Supp. 949. Notice. No notice is necessary where the injury results from an omission of duty or a neglect to do an act which it is incumbent upon the municipality to perform. McCarthy v. City of Syracuse, 46 N. Y. 194 (1871); Barton v. City of Syracuse, 36 N. Y. 54 (1867) ; Falcott v. City of New York, 5& App. Div. 514 (1901). The Village Laws of New York 169 In ease of temporary obstruction there must have been some notice on "the part of the municipality in order to render it liable. Smith v. Mayor, etc., of New York, 66 N. Y. 295 (1876). In the absence of any extraordinary event which would cause obstruction a presumption of negligence arises which calls for an explanation on the part of the municipality. Falcott v. City of New York, 58 App. Div. 514 (1901); see Mazie v. City of Brooklyn, 18 App. Div. 22. Surface water. A municipality corporation has no greater right than an individual to collect the water from its streets into an artificial channel and discharge it upon the lands of another. Vogel v. Mayor, etc., of New York, 92 N. Y. 11 (1883); Noonan v. City of Albany, 79 N. Y. 470 (1880); Byrnes v. City of Cohoes, 67 N. Y. 204 (1876); Hentz v. City of Mount Vernon, 5 Hun, 602, 78 App. Div. 515 (1903); Miles v. City of Brooklyn, 98 App. Div. 195 (1904); Seifert v. City of Brooklyn, 101 N. Y. 136 (1886); Bradt v. City of Albany, 5 Hun, 591 (1875). But it is not liable, in the absence of negligence, for a change in the flow of surface water caused by improving and grading the streets. Miles v. City of Brooklyn, 98 App. Div. 195 (1904) ; Lynch v. Mayor, etc., of New York, 76 N. Y. 60 (1879); Rutherford v. Village of Holley, 105 N. Y. 632 (1887); Anchor, etc., Co. v. Village of Dobbs Ferry, 84 Hun, 274 (1895). § 261. Construction of a sewer at expense of village. Upon the adoption of a proposition therefor the whole or any part of the sewer system may be constructed at the expense of the village. The proposition shall describe the portion of the system proposed to be so constructed, and shall also contain a statement of the estimated maximum and minimum cost thereof. Derivation. Former Village Law (L. 1897, Ch. 414), sec. 261; originally revised from L. 1889, Ch. 375, sec. 4, in part, as amended by L. 1893, Ch. 422. Proposition must be in statutory form and adopted by a majority vote. A proposition merely embodying a prior resolution authorizing the trustees to borrow » certain sum for sewer construction and raise the money by a tax is insufficient and bonds issued in pursuance thereof are void. Village of Brockport v. Green, 39 Misc. 231 (1902), 79 N. Y. Supp. 416. Plans may not be altered without re-submission to a vote of the electors. Rept. of Atty.-Gen. (1904), 328. § 262. Reimbursement for sewers constructed at private expense. If the whole of the sewer system be constructed at the expense of the village and a sewer theretofore constructed wholly or partly at private expense be included in the map or plan of the system, the owners of the property upon which such expense was assessed shall be entitled to reimbursement therefor. Claims for such re- imbursement may be presented to and audited by the board of sewer commissioners, and the amounts allowed shall be paid in the same manner as other expenditures for the sewer system. 170 .The Village Laws of New Yoek Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 262; originally revised from L. 1889, Ch. 375, sec. 15, in part, as amended by L. 1892, Ch. 564. § 263. Construction of sewer at joint expense of village and of property benefited. Upon the adoption of a proposition therefor, the whole or any part of the sewer system may be constructed at the joint expense of the village and of the property benefited. The proposition shall describe the portion of the system proposed to be so constructed, shall contain a statement of the estimated maximum and minimum cost thereof, and also of the proportion of the expense to be as- sessed upon the village at large, and the aggregate proportion to be assessed upon the property benefited. If the proposition be adopted such aggregate proportion shall be equitably adjusted with reference to the benefits to be derived therefrom. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 263; originally revised from L. 1889, Ch. 375, sec. 4, in part, as amended by L. 1893, Ch. 422. For purpose of assessment the substitution of a larger sewer at a different depth and place in the street, is a new sewer. Denise v. Village of Fairport, 11 Misc. 199 (1895), 32 N. Y. Supp. 97. § 264. Construction of sewers wholly at expense of property benefited. The owners of two-thirds of the entire frontage of the portion of a street or streets in which a sewer is proposed to be con- structed may present to the board of sewer commissioners a peti- tion for the construction of such a sewer. The board shall cause a notice of at least ten days to be given to each person owning land fronting on such portion of such street or streets, of a time and place where it will meet and hear persons interested in the con- struction of such sewer. After such hearing the board may grant the petition in whole or in part, and shall construct a sewer as ordered, and assess the entire expense thereof upon the property benefited. Where such petition is for the construction of a sewer through different streets, such sewer shall be deemed one sewer, and such streets, one continuous street, for the purposes of this, section. A petition under this section may limit the maximum amount of the expense to be incurred in the construction of such- sewer. Derivation, Former Village Laws (L. 1897, Ch. 414), sec. 264; originally- revised from L. 1889, Ch. 375, sec. 8, in part, as amended by L. 1891, Ch. 316. The Village Laws oe New Yobk 171 § 265. Acquisition of property by condemnation. If the board of sewer commissioners is unable to agree with the owner for the purchase of real property necessary for the sewer system, it may acquire the same by condemnation. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 265; originally revised from L. 1889, Ch. 375, sec. 9. „ Cross references. Condemnation proceedings, see Code Civ. Pro. sees. 3357-3384. Property acquired for one purpose may be used for an additional pur- pose, not inconsistent with the first, and a taxpayers action will not lie to enjoin such additional use. Winkler v. Summers, 22 App. N. Cas. 80 (1888), 5 N. Y. Supp. 723. Charter provision authorizing the construction of sewers is a legislative permission, not a direction, and confers no right to appropriate land without compensation. Sammons v. City of Gloversville, 175 N. Y. 346 (1903), aff'g 67 App. Div. 628. § 266. Contracts for construction of system. The board of sewer commissioners of a village authorized to construct the whole or any part of a sewer system shall advertise for proposals for the construction thereof, either under an entire contract, or in parts or sections, as the board may determine. Such advertisement shall be published once in each of two successive weeks in each newspaper published in the village. The board may require a bond or a deposit from the' person submitting a proposal, the liability of such bond to" accrue, or such deposit to be forfeited to the village, in case such person shall refuse to enter into a contract in accordance with his proposal. The board may accept or reject any proposal, may contract with other than the lowest bidder, or may reject all proposals and advertise again. No contract shall be made by which a greater amount shall be agreed to be paid, than the maximum stated in the proposition or in the petition for the construction of such sewer. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 266; originally revised from L. 1889, Ch. 375, sec. 6, in part. Contract without advertisement is void and assessment paid thereunder may be recovered. Mutual, etc., Co. v. Mayor, etc., New York, 144 N. Y. 494 (1895), aff'g 79 Hun, 482; 29 N. Y. Supp. 980. § 267. Supervising engineer; inspectors. The board of sewer commissioners may employ a supervising engineer to superintend and inspect the construction of any sewer 172 The Village Laws of New Yoek or works connected therewith, and also such inspectors as may be necessary, and fix the compensation of such engineer and in- spectors. Such compensation shall be treated as a part of the expense of construction. Derivation. Former' Village Laws (L. 1897, Ch. 414), sec. 267; originally revised from L. 1889, Ch. 375, sec. 13. § 268. Apportionment of local assessment. If the whole or any part of the expense of constructing a sewer is to be assessed upon tbe lands benefited, the board of sewer com- missioners stall prepare and file in the office of the village clerk, a, map and plan of the proposed area of local assessment. Such expense shall thereupon be apportioned upon the lands within such area in proportion as nearly as may be to the benefit which each lot or parcel will derive therefrom, and the ratio of such benefit shall be established. After making such apportionment the board shall serve upon each land owner a notice thereof and of the filing of such map and plan, and that at a specified time and place a hearing will be had to consider and review the same. Such notice must be served at least six days before the hearing. The board shall meet at the time and place specified and hear objections to such apportionment. It may modify and correct the same, or exclude land from the area of local assessment. The board of sewer commissioners, upon the completion of such appor- tionment, shall file 'the same in the office of the village clerk. The apportionment shall be deemed final and conclusive, unless an appeal be taken therefrom within fifteen days after the filing •thereof. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 268 j originally revised from L. 1889, Ch. 375, sec. 7, as amended by L. 1896, Ch. 409, sec. 14, as amended by L. 1891, Ch. 316. In assessing cost of construction the commissioners should consideT the effect of the improvement upon the market value of the property, without regard to the present use or the purpose of the owner in relation to future enjoyment. Matter of Wheeler, 39 Misc. 484 (1902), 80 N. Y. Supp. 204; see also, Matter of Klock, 30 App. Div. 24 (1898), 51 N. Y. Supp. 807. Front foot rule should not be adopted where it results in assessments which do not comply with the statutory rule. Matter of Wheeler, 39 Misc. 484 (1902), 80 N. Y. Supp. 204; Matter of Klock, 30 App. Div. 24 (1898), 51 N. Y. Supp. 807. The Village Laws of New Yoek 173 In determining value of property the commissioners should consider the question whether the property is vacant or improved, and, if improved, the extent and value of such improvements. Matter of Wheeler, 39 Misc. 484 (1902), 80 N. Y. Supp. 204; see People v. Mayor, etc., of Syracuse, 63 N. Y. 291 (1875). § 269. Appeal from apportionment. A person aggrieved by an apportionment may, within fifteen days after the filing thereof, appeal therefrom to the county court of a county in which any part of the village is situated. Such appeal shall be taken by a notice, stating the grounds thereof, addressed to the board of sewer commissioners, and filed with the village clerk. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 269; originally revised from L. 1889, Ch. 375, sec. 7, in part, as amended by L. 1896, Ch. 409. § 270. Hearing of appeal. Either party may bring on the appeal upon a notice of not less than ten nor more than twenty days. All appeals from the same apportionment must be consolidated and heard as one appeal. The county court may affirm or reverse the apportionment. If it be re- versed upon the ground that it is erroneous, unequal or inequi- table, the court shall by the order of reversal appoint three dis- interested freeholders of the village as commissioners to make- a new apportionment, and no appeal shall be allowed from such order. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 270; originally revised from L. 1889, Ch. 375, sec. 7, in part, as amended by L. 1896, Ch. 409. § 271. Reapportionment. A reapportionment shall be made in the following cases: 1. By the commissioners appointed by the county court, where the original apportionment is reversed on the ground that it is erroneous, unequal or inequitable. 2. By the board of sewer commissioners where the original ap- portionment is reversed upon any other ground. A reapportion- ment under this subdivision shall be made in like manner as the original. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 271; originally revised from L. 1889, Ch. 375, sec. 7, in part, as amended by L. 1896, Ch. 409. 174 The Village Laws of New Yoek § 272. Procedure by new commissioners. Tie commissioners appointed by the county court shall give notice of the time and place at which they will meet to make sueh reapportionment, and shall serve notice thereof at least ten days before such meeting upon each owner of land within the area of local assessment as finally fixed by the board of sewer commis- sioners. They shall meet at the time and place specified and make such reapportionment in the manner herein prescribed for the board of sewer commissioners. They shall file such reappor- tionment in the office of the village clerk, and it shall be final and conclusive. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 272; originally revised from L. 1889, Ch. 375, sec. 7, in part, as amended by L. 1896, Ch. 409. § 273. Fees of commissioners. Each commissioner appointed by the county court is entitled to five dollars for each day necessarily spent in making such re- apportionment, beside his actual necessary expenses. Such fees and expenses are a charge against the village, and must be audited .by the board of trustees. The amount thereof shall be added to the portion of the expense of constructing such sewer or sewer system which is to be assessed against property specially benefited. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 273; originally revised from L. 1889, Ch. 375, sec. 7, in part, as amended by L. 1896, Ch. 409. § 274. Expense of construction; how raised. The expense of constructing a sewer or a sewer system may be raised in an entire amount or in smaller sums from time to time as the board of sewer commissi'oners may determine. If any por- tion of such expense is to be borne by the village, bonds or cer- tificates of indebtedness may be issued therefor. If such expense or any part thereof is to be assessed upon property benefited, the board may assess the same, or the instalment to be raised, on the several benefited lots or parcels, in accordance with the appor- tionment and ratio established under this article. Notice of such assessment shall be given to the owners, who may pay the amounts assessed within ten days after the service of such notice. At the expiration of such time bonds or certificates of indebtedness may be issued for the aggregate amount of such assessment then re- maining unpaid. • > . . The Village Laws of New Yoke 175 Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 274; originally revised from L. 1889, Ch. 375, sec. 10, in part, as amended by L. 1896, Ch. 409. Where due diligence is not used in collecting assessment the contractor may proceed by mandamus, but in case of abandonment or refusal to per- form the contract, he may proceed by action. Weston v. City of Syracuse, 158 N. Y. 274 (1899). § 275. Tax for unpaid assessments. The board of trustees shall include in the annual tax levy the principal or interest accruing during the same fiscal year upon bonds or certificates of indebtedness issued on account of default in the payment of local assessments under this article, and shall levy the same upon the lots or parcels in default. Such principal shall be apportioned among the lots or parcels in default so that the tax thereon will be the same as if an equal portion of the assessment were then to be paid. Interest on an un- paid assessment shall be added to such tax at the rate payable by the bond or certificate of indebtedness, which must be computed to the time when the principal or an instalment will become due; or if no principal will become due during the fiscal year, then the interest accruing during that year upon the assessment must be levied upon. such lot or parcel. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 275; originally revised from L. 18S9, 01). 375, sec. 10, in part, as amended by L. 1896, Oh. 409. § 276. Contracts with other municipalities, sewer districts, et cetera. The board of sewer commissioners may contract for the con- nection of the sewers thereof with the sewers of another village, or of a town, or city, or of a sewer district established under the provisions of article eleven of the town law or of chapter three hundred and forty-eight of the laws of nineteen hundred and one and the laws supplementary thereto or amendatory thereof; or jointly with such other village, or a town, or city, or sewer district established as aforesaid, may construct, maintain, operate or use sewers, outlets or disposal works ; or may contract with any such other village, or a town, or city, or sewer district established as aforesaid for the right to construct and maintain through any such other village, town or city, or sewer district established as afore- said, an outlet sewer, including the right to acquire real property for such sewer outlet, which thereupon may be acquired either at private sale or by condemnation as authorized by this act. But no such contract shall be made unless a proposition therefor be adopted, stating the maximum expense. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 276; originally revised from L. 1889, Oh. 375, sec. 3, as amended by L. 1895, Oh. 202. Amended by L. 1909, Oh. 212; L. 1912, Oh. 122. In effect Apr. 4, 1912. 176 The Village Laws of New York § 277. Annual report of sewer commissioners. Between the first and fourth day of March in each year, the- board of sewer commissioners shall file with the village clerk a report containing a statement of the following facts : 1. The amount of money on hand at the beginning of the pre- ceding fiscal year, and the receipts from all sources during such year. 2. An itemized statement of the amount paid out during such year, and the balance on hand. 3. The outstanding indebtedness of the department, either , bonded or otherwise, separately stated. 4. A statement of the principal or interest which will become due during the current fiscal year on bonds or certificates of in- debtedness. 5. The improvements and extensions made during such pre- ceding year, and the general condition of the sewer system. 6. Such other facts as the board deems important for the in- formation of the village, together with such recommendations con- cerning the department as may be deemed proper. Derivation. Former • Village Laws (L. 1897, Ch. 414), sec. 277; originally revised from L. 1889, Ch. 375, sec. 12. Legal character of commissioners is not that of independent officers acting for themselves but they are instruments of the municipal government. They perform a duty which is primarily charged upon the village, they exist solely for the benefit of the village, and have no duty disconnected with it. Bolton v. Village of New Rochelle, 84 Hun, 281 (1895), 28 N. Y. Supp. 825. § 278. Sewer connections. The board of sewer commissioners shall cause a notice to be published in the official newspaper of the village and in all other newspapers published therein requiring the owners or occupants of any and all property fronting or abutting on any street or por- tion thereof in or upon which any public sewer is about to be laid or is being laid or has been laid by the said board to make- and lay connection pipes to and from the sewer mains in said street or any portion thereof in front of each separate piece of property and where directed by said board, within such time and in such manner and under such inspection as said board shall prescribe, and whenever any such owner or occupant shall have made default in making such connections with said sewer mains The Village Laws of New Yoek 17T opposite the land and premises owned or occupied by him as directed in and required by said printed notice therefor in the manner and within the time specified, the said board shall have power and authority to so make, extend and complete the same to the property line of the lands and premises so owned or occu- pied opposite thereto and in front thereof, and to connect the same with any existing connecting pipes in front thereof, and the actual expense thereof, including all labor done and materials used in doing and completing the same, shall be assessed by the trustees ' of the village upon each separate piece of property opposite which the same shall be done and completed and shall be a lien and liens on said premises and lots of land respectively, and the same shall be collected in the same manner as other local assessments or as- sessments for local improvements as provided by the special charter of the village or the general village laws of the state as the case may be, and when so collected the amount thereof shall be paid into the sewer funds of the village. Derivation. Added by L. 1910, Ch. 259, in effect May 7, 1910. 178 The Village Laws of New Yoek AETICLE XI-A. Board of Public Woeks. (Added by L. 1910, Ch. 626) ,, Section 278. Establishment of board of public works; appointments. i 279. Organization of board; officers; meetings; general powers. 280. Further specific powers and duties of the board. 281. Eeports. 282. Funds; how raised and applied. 283. Application of other provisions. % 278.* Establishment of board of public works; appointments. After a proposition therefor has been duly adopted by the elect- ors at an annual or special election, any village, whether incor- porated under this chapter or other general law, or under a special act, may establish a board of public works therein which, when ■established as aforesaid, shall be subject to the provisions of this article. The board shall consist of four members. Upon the adoption of the proposition the president of the village shall forthwith, by and with the advice and consent of the board of trustees, appoint one member for a term ending on the next en- suing thirty-first day of March and the other member for such terms, respectively, that the term of one member shall expire annually on the thirty-first day of March. Thereafter one mem- ber shall be in like manner appointed annually on the last Monday in March to hold office from and including the succeeding first day of April for the term of four years; provided, however, •that appointments shall take effect at the time of their confir- mation by the board of trustees, and until such confirmation the incumbent whose regular term has expired shall hold over ; and provided further, that if the first and second appointments submit- ted to the board in any year are neither of them confirmed, no further appointment shall be made for such year but the member thus holding over shall continue to serve until the thirty-first day of March of the following year. A vacancy occurring at any time and for any cause shall be filled by the appointment in like man- ner of a member for the unexpired term of the member whose position is thus made vacant. Appointments shall be made in such *So in original. Duplication of section number 278 is due to passage of two bills at same session. — Ed. The Village Laws of New Yobk 179 manner that not over two members of the board at any time shalt belong to the same political party. All appointments, whether regular or to fill a vacancy, shall be made in writing and filed with the village clerk and a certified transcript of the motion or reso- lution confirming the same shall be attached thereto. The mem- bers are hereby severally designated " commissioners of public works " and may be referred to as such. No such commissioner shall hold any other village, school or town office during his term and no person shall be appointed such commissioner who is not a resident of the village and a qualified elector therein ; the commis- sioners shall serve without compensation and shall have no pe- cuniary interest in any contract or dealing with the said board of public works of the village, in any matter under the official man- agement of the board. Every commissioner shall, before entering upon the discharge of his duties, take and file with the village clerk the constitutional oath of office. Derivation. Added by L. 1910, Ch. 626, in effect June 24, 1910. | 279. Organization of board; officers ; meetings ; general powers. Within ten days from the original appointment of members of the board, and within a like period each year after the thirty-first day of March, the board shall meet in the trustees' rooms or in such other place as the trustees may provide as its office and choose from their number a president, to serve for one year, and a clerk to hold office at the pleasure of the board. The clerk shall receive such salary as the board of public works may, from time to time by resolution, determine, payable as the salaries of other village officers or employees are paid. It shall be the duty of the clerk to record the proceedings of the board of public works in a book to be kept for that purpose, and perform such other duties connected with the office as shall be required by said board. Said board shall meet each month and at such other times as they may decide. The said board is hereby authorized and empowered to make rules, not inconsistent with law, as to its meetings and all other matters under its control. Said board of public works shall in and for the village have all the powers and perform all tha duties of commissioners of highways in towns, except as herein otherwise provided. The said board is vested with the charge, management, control and maintenance of the highways, streets, 180 The Village Laws of New York storm water sewers, gutters, curbs, sidewalks, public parks, places and squares within the village and of all the machinery, tools and implements used in connection therewith, and of naming the streets and giving numbers to lots and tenements and changing the same. Upon the organization of said board of public works all of the property and effects owned by the village used or to be obtained for use in connection with the matters to which the pro- visions of article six of this chapter, or like provisions in the special act incorporating the village pertain, shall be under the direction and management of said board of public works. All the powers and duties vested by law in the board of trustees of said village, as to the streets, sidewalks, curbs, gutters, storm water sewers, public places, squares, parks and bridges are hereby trans- ferred to and conferred upon such board of public works. Derivation. Added by L. 1910, Ch. 626, in effect June 24, 1910. § 280. Further specific powers and duties of the board. The said board of public works shall have power : 1. To appoint and employ a superintendent of streets, who shall be a resident of said village, fix his salary and remove him at pleasure. He shall, under the direction and control of the board of public works, have the care and superintendence and repair and keep in order the highways, streets and parks in said village.' 2. To make contracts relating to the construction and repair of bridges, highways, streets, curbing, storm water sewers, sidewalks, public places, squares and parks, cleaning streets and the removal of dirt therefrom, the grading, paving, repaving and macadamiz- ing of all streets, public places and squares, and the provision of all materials, machinery, implements, utensils and labor therefor. 3. To construct, lay out, extend, alter, straighten all streets, sidewalks, curbs, gutters, storm water sewers, public places, squares and parks in said village ; no street shall be discontinued and no new street opened without the consent of all persons own- ing or interested in lands thereon, except by proceedings under the highway law. 4. To grade, pave, repave or macadamize any street or section of a street or any public place or square and to fix and regulate the grade line of streets and sidewalks, and to cause said walks and gutters to be made and curbs to be set of such materials as. it may direct. The Village Laws of New Yoke 181 5. To cause all necessary surveys, maps and profiles relating to streets and sidewalks, existing at the time or which may there- after exist, and to any work within its jurisdiction, to be made. 6. To regulate the planting, trimming, rearing or removing of trees in the streets, public parks, places and squares in the village. 7. To improve and ornament the public parks, pleasure grounds and to make regulations in the management and use thereof. 8. To regulate the use of storm water sewers and to grant per- mits therefor. Derivation. Added by L. 1910, Ch. 626, in effect June 24, 1910. § 281. Reports. After the close of the fiscal year and prior to the time when the annual financial report of the trustees is required to be pub- lished, the said board of public works shall make out and file with the village clerk a report, in writing, containing a statement of the following matters : 1. The amount of money on hand at the beginning of the pre- ceding fiscal year, under its control, and the receipts from all .sources during said year. 2. An itemized statement, in detail, of the amount paid out -during said year, to whom and what for, and balance on hand. 3. The outstanding indebtedness of said board. 4. The improvements and extensions made during said pre- ceding year and the general condition of its department. 5. An estimated statement of the amount necessary to defray the cost. (a) For cleaning the streets. (b) For ordinary repairs to. streets. (c) For the portion of the expense of paving and curbing. (d) For the maintenance, ornamentation and improvement of the public parks. (e) For the care and ordinary repairs of the storm water sewers. (f) For extending the storm water sewers. (g) For the purchase or repair of machinery, implements and utensils for the use of the board. (h) For salaries. 182 The Village Laws of New Yobk (i) For other expenses of said board not specifically men- tioned. (j) Such other facts as said board deems important for the information of the village, together with such recommendations- as it may deem proper. (k) Said report shall be published with the annual report of the board of trustees of said village. Derivation. Added by L. 1910, Ch. 626, in effect June 24, 1910. § 282. Funds ; how raised and applied. The board of trustees shall place the amount so stated and estimated in the village budget and tax assessment as part of the ordinary expenses of the village and raise the same by tax, pro- vided, however, that if the sum so estimated exceeds in the aggre- gate the sum of fifteen thousand dollars in a village of the first class, five thousand dollars in a village of the second class or twenty-five hundred dollars in a village of the third class, the same shall not be thus raised without the approval of the electors of the village as shown by a proposition therefor adopted at the annual election occurring next after the filing of such estimate. If any such estimate, submitted to the electors pursuant to the above requirements, is not approved then the amount to be raised as aforesaid for the board of public works, for the year to which. such estimate relates, shall be the maximum sum above specified for village of the class to which the village belongs. When avail- able therefor, the village treasurer shall place the moneys se raised to the credit of the street fund, which fund shall be apr plied only to the payment of drafts, or orders issued by said board of public works, signed by its clerk and president. In case the board of public works shall at any time determine that the amount so placed to the credit of the board of public works is more than will be necessary to defray the expenses of said board of public works for such current year, the said village treasurer shall by direction of said board of public works transfer the ex- cess thereof from the street fund to any other fund of said vil- lage. In a village having a board of public works all moneys required for exercising its powers and duties shall be payable exclusively from the street fund. Derivation. Added by L. 1910, Ch. 626, in effect June 24, 1910. The Village Laws of New York 183 § 283. Application of other provisions. All provisions of this chapter conferring powers or imposing- duties generally upon all municipal boards as such, without refer- ence to the particular functions of any such board, shall apply to the board of public works ; and a board of public works estab- lished under this article may be abolished in the manner provided by this chapter for the abolition of separate municipal boards. In the event of such abolition, the powers and duties of the board of public works, so far as they were previously imposed on and exercised by the board of trustees, shall revert to the latter board. Derivation. Added by L. 1910, Ch. 626, in effect June 24, 1910. 184 The Village Laws of New Yoke ARTICLE XII. Cemeteeies. Section 290. The acquisition of lands for cemeteries. 291. Division into lots; conveyances of lots. 292. Ordinances. 293. Interment of strangers. 294. Record of interments. 295. Property in trust. 296. Annual report of cemetery commissioners. 297. Powers of park commissioners. § 290. The acquisition of lands for parks or cemeteries. The board of park or cemetery commissioners of a village may, in behalf of the village, accept by gift, grant or devise thereto, land for a village park or village cemetery within the village, or wholly within three miles of the boundaries thereof; or may re- quire the board of trustees to submit to a village election, a propo- sition to purchase for such purpose any lands so located, specify- ing the maximum amount to be paid therefor and the mode of raising such amount. If the proposition be adopted, the board of cemetery commissioners may purchase such lands accordingly, or, if unable to agree with the owners for the purchase thereof, may acquire the title thereto by condemnation ; but if the commis- sioners appointed in the condemnation proceedings shall fix the value of the land at a larger amount than authorized to be paid -therefor by such election, the condemnation proceedings shall be abandoned and the costs of the defendant shall be paid by the village unless payment of such larger amount shall be authorized at a village election. All lands acquired for a village park or cemetery shall be a part of the territory of the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 290; originally revised from L. 1870, Ch. 760, sec. 1, as amended by L. 1892, Ch. 518 (not repealed) ; L. 1847, Ch. 209, sec. 1, as amended by L. 1872, Ch. 696 sees. 2, 3; L. 1870, Ch. 291, tit. 3, sec. 3, subd. 24. Amended by L. 1909, Ch. 469, in effect May 24, 1909. Cross references. Acquisition of land, see General Municipal Law sees. 160-162; sale and mortgage of cemeteries, see Real Property Law, sec. 450- injury to grave stones, see Penal Law, sec. 1427; killing or injuring birds or animals, etc., see Penal Law, sec. 1425, subd. 10; municipal power toi •declare cemetery a nuisance, see Joyce on Nuisances, sec. 338. The Village Laws of New York 185 Revisers' note (1897). The act of 1847, as amended by Laws 1872, chap. 696, prescribes that the amount to be expended for cemeteries shall not exceed $10,000 in villages of less than 4,000, or to exceed $20,000 in other cases. This section leaves the amount to be fixed by the electors. The act of 1870 (chap. 760) authorizes the acquisition of land without the village, but does not specify the distance. Section 290 of the revision fixes the distance at not more than three miles. Land may be condemned for the purpose of a public cemetery, where the public in general have a right to interment. Farneman v. Mt. Pleasant, etc., Ass'n. (Ind.), 35 N. E. Rep. 271. § 291. Division into Jots; conveyances of lots. The board of cemetery commissioners has the supervision and control of all village cemeteries. It shall cause the same to be divided into lots, and provide for the conveyance thereof to in- dividuals for the sole purpose of interments, and upon the pay- ment of the purchase-price of any lot, shall, in the name of the village, execute, acknowledge and deliver a conveyance to the purchaser thereof. The cleric of the village shall keep a record of the sale of each lot, its number, the date of sale and the name of the purchaser; and shall record each conveyance thereof. No sale, transfer or assignment of such lot or any interest therein subsequent to the sale by the village shall be valid, unless by an instrument in writing signed and duly acknowledged and recorded in the office of the village clerk. The clerk shall be entitled to receive ten cents per folio for the recording of each conveyance. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 291; originally revised from L. 1847, Ch. 209, sec. 5. § 292. Ordinances. The board of park or cemetery commissioners may adopt rea- sonable ordinances for: 1. The care, management and protection of the park or ceme- tery grounds. 2. The use, care and protection of lots in such cemeteries. 3. The conduct of persons within the park or cemetery grounds, and the exclusion of improper persons therefrom. 4. Regulating the dividing marks between the various lots and parts of lots in cemeteries and their size, shape and location. 5. Preventing improper monuments, effigies and structures within the same. 6. Regulating the introduction and growth of plants, trees and shrubs within such grounds. 186 The Village Laws of Xew Yoek 7. The prevention of the burial in any lot or part of any lot of any person not entitled to burial therein. The board of park or cemetery commissioners may fix the pen- alties, not to exceed twenty dollars, for violations of such ordi- nances. Such ordinances, when adopted, shall be printed and con- spicuously posted in at least five places upon the cemetery grounds. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 292; originally revised from L. 1847, Ch. 209, sec. 4. Amended by L. 1909, Ch. 469, in effect May 24, 1909. Cross references. Violation of ordinances, see ante, see. 93; approval by board of trustees, see ante, sec. 94; when ordinance takes effect, see ante, sec. 95. Revisers' note (i8g7). The last sentence is new. The provisions of the section are somewhat broader than the act of 1847. Ordinance may forbid burial of the dead within the city limits and this notwithstanding the fact that at the time the cemetery association took the conveyance of its lands, it was lawful to use them for cemetery pur- poses. People v. Pratt, 129 N. Y. 68 (1891). § 293. Interment of strangers. The board of cemetery commissioners shall reserve a portion of the ground in any such cemetery for the interment of strangers and other persons who may die in the village under circumstances which render it unreasonable to require payment for making such interment. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 293; originally revised from L. 1847, Ch. 209, see. 6. § 294. Record of interments. The board of cemetery commissioners shall cause an accurate record to be kept of every interment in such cemetery, specifying- the lot in which such interment is made, the time when made and the name, age and place of birth of the person interred if these particulars can be conveniently ascertained. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 294; originally revised from L. 1847, Ch. 209, sec. 7. § 295. Property in trust. The board of park or cemetery commissioners of a village may take and hold any property given, bequeathed or devised to it in trust, to apply such property or the income thereof for the im- provement or embellishment of such park or cemetery, or the. The Village Laws of New Yoek 187 erection or preservation of a building, structure, fence or walk therein, or, in any such cemetery, for the renewal, erection or preservation of a tomb, monument, stone, fence, railing or other erection or structure, on or around any lot therein or the planting or cultivation of trees, shubs, flowers or plants in or about a lot therein or for otherwise caring for and maintaining a lot therein, according to the terms of such grant, devise or bequest. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 295. This section was new in former Village Law. t Amended by L. 1909, Ch. 469, in effect May 24, 1909. This section is broad enough to apply to private lots, but must be con- strued with other provisions of law relative to the construction and validity of trusts, and is limited by statutes regulating the suspension of the power of alienation. Matter of Waldron, 57 Misc. 275 (1907), 109 N. Y. Supp. 681. § 2g6. Annual report of park and cemetery commissioners. Between the first and fourth day of March in each year, the* boards of park and cemetery commissioners shall file with the village clerk a report containing a statement of the following: facts : 1. The amount of money on hand at the beginning of the pre- ceding fiscal year, and the receipts from all sources during such year. 2. An itemized statement of the amount paid out during such year and the balance on hand. 3. The outstanding indebtedness of the department, either bonded or otherwise, separately stated. 4. The estimated deficiency in the amount necessary to pay principal or interest or the expenses of the department during the next fiscal year, after applying thereto the probable amount avail- able from the park or cemetery fund. 5. The improvements made during such preceding year and the general condition of the park or cemetery. 6. The number of interments made since its last annual report. 7. Such other facts as the board deems important for the in- formation of the village, together with such recommendations con- cerning the department as may be deemed proper. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 296; originally- revised from L. 1871, Ch. 696, but mostly new. Amended by L. 1909, Ch. 469, in effect May 24, 1909. 1S8 The Village Laws of *!N"ew Yoek Revisers' note (1897). L. 1871, chap. 696, aec. lj R. S., 9th ed., 2325, which requires cemetery commissioners to report to the board of trustees. This section provides for a fuller report, filed with the village clerk. § 297. Powers of park commissioners. The board of park commissioners has the supervision and con- trol of all village parks and the care and maintenance of the same. They shall keep any village park in repair and for that purpose shall have the use of such funds as may be appropriated by the village board therefor but the expenses thereof in any year of a village of the fourth class shall not exceed five hundred dollars; in a village of the third class, one thousand dollars ; in a village of the second class, fifteen hundred dollars, and in a village of the first class, two thousand dollars. If the estimated expense for maintaining the same in any one year will exceed the above amounts such estimated expense can only be incurred when au- thorized by a proposition adopted at an election. Derivation. Added by L. 1909, Ch. 469, in effect May 24, 1909. The Village Laws of New Yoek 189 ARTICLE XIII. Keincoeporation. Section 300. Reincorporation of special village finder this chapter. 301. Notice and conduct of election. 302. Certificate of election. 303. Effect of reincorporation. 304. Determination of number of trustees. 305. Reincorporation of certain villages confirmed. § 300. Reincorporation of special village under this chapter. A village incorporated by special law and subject to its pro- visions may be reincorporated under this chapter by adopting a proposition therefor. Such a proposition may be submitted at an annual election or at a special election to be called for that purpose. The board of trustees of such a village may, upon its own mo- tion, and shall, upon the petition of twenty-five electors assessed upon the last assessment-roll of the village; cause to be submitted at a village election a proposition for such reincorporation. The ballots to be used at such an election may be written or printed, and shall contain either the words " For the reincorporation of the village of (naming it) under the village law," or "Against the reincorporation of the village of (naming it) under the vil- lage law." A proposition for the reincorporation of a village under this article shall not be submitted at an election, either annual or special, during the months of February or March. Derivatiom Former Village Laws (L. 1897, Ch. 414), sec. 300. This article in the former Village Law was a substitute for L. 1870, Ch. 291, tit. 8, see. 30, as amended by L. 1875, Ch. 339. Adult resident woman may sign petition. Rept. of Atty.-Gen. (1898), 71. Frequency of submission of proposition of reincorporation. Rept. of Atty.- Gen. (1902), 225. A veteran, whose real estate, purchased with pension money, is exempt, may vote on question. Rept. of Atty.-Gen. (1898), 108. Time of submission is discretionary but such discretion is not arbitrary and must be reasonably exercised. The trustees should not delay the submission for a period of eight months in order that the question may be submitted at -a general election. People v. Daley, 89 App. Div. 156 (1903), 85 N. Y. Supp. 429. 190 The Village Laws of New Yoek § 301. Notice and conduct of election. If the proposition is to be submitted at an annual election notice thereof shall be given by the board of trustees by posting notices in five public places in the village, and publishing the same in each newspaper actually printed therein, if any, at least twenty days before such annual election. If it is to be submitted at a special election notice of such election and of the submission of such proposition thereat shall be given in the same manner and for the same time as for the submission of such a proposition at an annual election. Such a special election shall be held by the same officers and conducted and the result canvassed in the same manner as provided by law for an annual election in such village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 301. Pearsons entitled to vote are those who would have a right to vote at a village election held under the special law. Matter of Village of Sag Harbor, 32 Misc. 624 (1900), 67 N. Y. Supp. 574. Election for reincorporation not invalid because women taxpayers were not permitted to vote. Ward v. Kropf, 120 N. Y. Supp. 476 (1910). § 302. Certificate of election. The officers conducting such election shall make a certificate thereof, showing the whole number of votes cast upon such propo- sition, and the number in favor of and against it, and within twenty-four hours after the closing of the polls of such election, must file such certificate in the office of the village clerk. If the proposition be adopted the village clerk shall within ten days after the election file a certified copy of such certificate in the office of the clerk of each county in which any part of such village is situated, and also in the office of the secretary of state. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 302. County Court has no jurisdiction to hear and determine an appeal from a certificate filed by the village election officers who conducted the election relative to reincorporation. Matter of Village of Sag Harbor, 32 Misc. 624 (1901), 67 N. Y. Supp. 574. § 303. Effect of reincorporation. If the proposition be adopted the reincorporation of the village under this chapter shall take effect immediately upon the filing of the certificate of election in the office of the village clerk. From and after such filing such village shall be deemed incorporated The Village Laws of New Yokk 191 "under this chapter, and shall possess all the powers, enjoy all the privileges, and be subject to all the liabilities, in all respects and for all purposes, as if it had been originally incorporated there- under. Such reincorporation shall not affect any action then pending or cause of action existing by or against such village, nor property rights thereof under the provisions of any law to which it was then subject. The officers of the village in office when the reincorporation takes effect shall continue to hold their •offices until noon on the Monday following the date when the next annual election in such village may be held under this chap- ter, at which time their terms of office shall expire. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 303. Legislative may confirm result of a, special election held for the purpose of determining the question of reincorporation. See People v. Sutphin, 166 N. Y. 163 (1901), mod'g 53 App. Div. 613. § 304. Determination of number of trustees. A special election to determine the number of trustees to be -elected in such village at the first annual election after such re- incorporation, shall be held in the month of February next pre- ceding, in the manner and upon the notice prescribed by article two of this chapter. If the number of trustees be not determined before such first annual election the village shall elect two trus- tees. At such first annual election after reincorporation one-half of the trustees shall be elected for one year, and one-half for two years. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 304. § 305. Reincorporation of certain villages confirmed. All villages in the state incorporated by special laws and sub- ject to their provisions which have attempted to reincorporate under the provisions of chapter four hundred and fourteen of the laws of eighteen hundred and ninety-seven and the acts amenda- tory thereof, between- July one, eighteen hundred and ninety- seven, and January one, nineteen hundred and four, and which have held their elections, elected their officers and conducted their municipal affairs under or agreeably or substantially under or substantially agreeably to the provisions of said law for the period of one year, or longer, are hereby declared to be regularlv and 192 The Village Laws of !N~ew Toek duly incorporated villages under this chapter; and, so far as any defects, omissions or irregularities in the proceedings for such reincorporation affect their annual and special elections and meet- ings and their acts and proceedings at such elections and meetings and the election of their presidents and their other village officers and all the acts and proceedings of their boards of trustees and all the acts and proceedings of their officers, their said annual and special elections and meetings and their acts and proceed- ings at said elections and meetings and the election of their presi- dents and trustees and their other village officers and all the acta and proceedings of their boards of trustees and all the acts and proceedings of their officers, are hereby declared to be legal and valid and so far as any defects, omissions or irregularities in their proceedings for such reincorporation affect the title to the offices held by their presidents, trustees, and other officers, their said presidents, trustees, and other officers are hereby declared to be legally holding and entitled to their offices de jure until the ex- piration thereof as provided by this chapter. This section shall not affect any action or proceeding now pend- ing in any court. Derivation. L. 1905, Ch. 259, sees. 1, 2. Consolidator's note (1909). The words "the Village Law," in lines 4 and 9, changed to " chapter four hundred and fourteen of the laws of eighteen hundred and ninety-seven and the acts amendatory thereof " and " said law," to avoid misconstruction; the references in those places being to the present Village Law, which is repealed by this chapter. We also recommend that as there may be villages which have attempted to reincorporate since Janu- ary 1, 1904, that the words " nineteen hundred and four " be changed to " nineteen hundred and eight " in order to include them. Confirmation by special act and the lapse of twenty-five years will cure any defect or irregularity in regard to the time the polls were open for voting. People v. Sutphin, 53 App. Div. 613 (1900), 66 N. Y. Supp. 49. The Village Laws of New Yobk 195 ARTICLE XIV. Provisions Applicable to Cebtain Villages. Section 310. Application. 311. President's term of office. 312. Board of police commissioners. 313. Consolidation of boards. 314. Abolition of boards. 315. Treasurer's additional duties. 316. Salary of the president and trustees. 317. Tax levy. 318. Contract for lighting. 319. Collection of taxes by treasurer. 320. Borrowing money. 321. Submission of propositions. § 310. Application. This article shall apply to all villages whose population is shown by the last state census to exceed fourteen thousand inhabitants. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 339a, as added by L. 1906, Ch. 34. § 311. President's term of office. In every such village the term of office of the president shall be two official years. Derivation. Former Village Laws (L. 1897, Ch. 414), sees. 339b, as added by L. 1906, Ch. 34. § 312. Board of police commissioners. Every such village by adopting a proposition therefor at an. annual election may establish or abolish a separate board of police commissioners composed of five members who must at the time of their election and during their term be the owner of property assessed upon the last preceding assessment-roll of the village. If the proposition to establish such .board be adopted, the board of trustees at its next annual meeting shall appoint such commis- sioners for the term of one, two, three, four and five years re- spectively; and at each annual meeting thereafter the board of trustees shall appoint one commissioner for the full term of five years. Said board shall have all the powers and is subject to all 194: The Village Laws of Kkw Yukk the liabilities and must perform" all the duties of the president and board of trustees so far as the same Telate to the police or police department, and to the exclusion of said president and board of trustees. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 339c, as added by L. 1906, Ch. 34. Consolidator's note (1909). Word "owner" changed to "owners" to cor- rect an obvious error. As the section relates to more than one person the jdural should be used instead of the singular number. § 313. Consolidation of boards. In every such village the powers and responsibilities of one or more boards of commissioners may be conferred upon an exist- ing board by the adoption of a proposition therefor at an annual election and thereupon such board shall possess all the powers and responsibilities of such- other board or commission consolidated with it, until such consolidation be abolished by adopting a propo- sition therefor at an annual election.' Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 339d, as added T>y L. 1906, Ch. 34. § 314. Abolition of boards. A separate board of commissioners or a consolidation of one or more boards of commissioners may be abolished by adopting a proposition therefor at an election. The abolition of such a board or consolidation shall take effect immediately upon filing a certificate showing the adoption of the proposition. Within ten days after such certificate is filed, the abolished board shall deliver to the clerk of the village its records, books, and papers ; and shall also within the same time deliver to the treasurer all funds and to the president all other property in its possession or under its control, belonging to such department. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 339e, as added 1)7 L. 1906, Ch. 34. § 315. Treasurer's additional duties. In every such village the treasurer shall, if required by the board of trustees, maintain an office in a place designated and fur- nished by the board of trustees, and be in attendance thereat on The Village Laws of New Yobk 195 such days and during such reasonable hours of the day as the board of trustees may from time to time designate. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 339f, as added by L. 1906, Ch. 34. | 316. Salary of the president and trustees. Every such village by adopting a proposition therefor by a ma- jority vote of the taxpayers whose names appear on the last assess- ment-roll at any annual or special election may fix a compensation for the president not exceeding the sum of six hundred dollars per annum and for each of the trustees thereof not exceeding the sum of three hundred dollars per annum and which shall con- tinue until amended or abolished by adopting a proposition there- for by voters of the same eligibility at an annual or special elec- tion. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 339g, as added by L. 1906, Ch. 34. § 317. Tax levy. In every such village the board of trustees may include in the levy of taxes for the current fiscal year in addition to the items specified in section one hundred and ten of the village law, such sum as the board deems necessary to meet expenditures from the light fund for the current year not exceeding three-tenths of one per centum of the total valuation of the property assessed upon the annual assessment-roll of the last preceding year; and such additional sums as shall be deemed necessary to meet all other expenditures of the village for the current fiscal year not exceed- ing one-tenth of one per centum of such total valuation. Derivation'. Former Village Laws (L. 1897, Ch. 414), sec. 339h, as added by L. 1906, Ch. 34. § 318. Contract for lighting. In every such village the board of light commissioners may con- tract in the name of the village, with an individual or corporation, for lighting the streets, public grounds and public buildings of .the village by gas, electricity or other substance ; but such contract shall not be made for a longer period than five years, nor at an: 196 The Village Laws of New Yoke expense for each fiscal year exceeding three mills on every dollar of taxable property of the village as appears on the last preced- ing village assessment-roll, unless authorized at a village election. Derivation'. Former Village Laws (L. 1897, Ch. 414), sec. 339i, as added by L. 1906, Ch. 34. § 319. Collection of taxes by treasurer. -In every such village which has no collector, the tax roll and warrant shall be delivered to the treasurer of the village, and the provisions of the village law relating to the delivery of a tax roll and warrant, the extension of the time for the collection of taxes, the fees for collection, and the return of such tax roll and warrant, apply to the roll and warrant so delivered to a treasurer, so far as practicable. Upon the delivery of the roll and warrant to the treasurer, he shall publish in each newspaper actually printed in the village, once in each week for four consecutive weeks, and post in five public places in the village, a notice that such tax roll and warrant have been left with him for the collection of the taxes therein levied, and designating one or more convenient places in the village where he will receive taxes for thirty days after the first publication and posting of said notice, from nine o'clock in the morning until four o'clock in the afternoon. The treasurer- shall attend at the time and place specified in said notice, and shall proceed to collect the taxes and shall possess all the powers of a town collector. The fees for collecting said taxes belong to the village and the treasurer must account therefor. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 339j, as amended by L. 1906, Ch. 34. § 320. Borrowing money. In every such village money may be borrowed at any time in the fiscal year after the first day of April and prior to the annual levy of taxes, but not exceeding one per centum of the total valu- ation of the property assessed upon the annual assessment-roll of the last preceding year, or in anticipation of taxes already levied for the current fiscal year, but not in excess of the amount thereof after deducting any sums borrowed prior to said tax levy, and it must be payable within such year. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 339k, as added by L. 1906, Ch. 34. The Village Laws of New York 197 | 321. Submission of propositions. In every such village the board of trustees shall at least five days before the annual election cause to be published at least once in the official paper if such paper is published in the village and to be published in said paper at least twice thereafter and prior to said election and to be conspicuously posted in at least ten public places in said village a notice setting' forth in full all propositions to be voted upon. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 3391, as amended hy L. 1906, Ch. 34. 198 The Village Laws of New Yoek ARTICLE XV. Miscellaneous Pbovisions. Section 330. Notice; how served. 331. Notice; proof of posting. 332. Officer not to be interested in contracts. 333. Liability on unlawful contracts. 334. Competency of inhabitants as justices or jurors; undertakings- not required by village. 335. Board may take testimony. 336. Woman may institute proceeding. 337. Security by contractors. 338. Arrest of disorderly person. 339. Action to recover penalties. 340. Discontinuance of action. 341. Actions against the village. 342. County court always open. 343. Location of hospitals and pest-houses. 344. Destruction of garbage. 345. Violation of ordinance a, misdemeanor. 346. Expenses, how assessed and collected. 347. Change of name. 348. Extension of boundaries. 348a. Extension of boundaries by annexation of territory belonging to village. 349. Diminishing boundaries. 350. Dissolution of villages. 351. Expiration of terms of officers. 352. Consolidation of villages. 353. Filing certificates. 354. Effect of consolidation. 355. Number of trustees, wards, clerks. 356. First election in consolidated village. 357. Transfer of property to new village. 358. Report of treasurers. 359. Establishment of disputed, unknown or uncertain boundaries. § 330. Notice; how served. Service of a notice under this chapter must be personal, if the person to be served can be found in the village, otherwise the notice may be served personally or by mail by depositing a copy thereof in the post-office of the village, and addressed to such per- son at his last known place of residence. The provisions of the code of civil procedure, relating to the service of a summons in an action in the supreme court, except as to publication, apply, so far as practicable, to the services of notices under this chapter. If a person to be served can not with due diligence be found in the village where personal service is required, or his last known The Village Laws of New Yoek 199 place of residence can not be ascertained, the county judge of a county in which any part of the village is situated may, by order, direct the manner of such service, and service shall be made* accordingly. A service on one of two or more joint tenants, or tenants in common, shall be sufficient notice to all for any purpose requiring a notice under this chapter. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 311; originally- revised from L. 1870, Ch. 291, tit. 8, sec. 22. Cross references. Service of summon*, see Code Civ. Pro., sec. 426. § 331. Notice; proof of posting. Whenever by this chapter or by a rule, by-law or ordinance- made in pursuance thereof, a notice or ordinance is authorized or required to be posted, an affidavit thereof by the person posting the same is presumptive evidence of such posting. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 312; originally- revised from L. 1870, Oh. 291, tit. 8, sec. 8. Cross references. Proof of publication, see Code Civ. Pro., sec. 926. See Matter of Village of Lynbrook (1911), 142 App. Div. 487. § 332. Officer not to be interested in contracts. An officer shall not be directly or indirectly interested in a con- tract which he or a board of which he is a member is authorized to make on behalf of the village ; nor in furnishing work or mate- rials; nor shall such an officer act as such in any matter or pro- ceeding, involving the acquisition of real property then owned by him, for a public improvement. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 313; originally- revised from L. 1870, Oh. 291, tit. 8, sec. 12. Cross references. Violation a misdemeanor, see Penal Law, sec. 1868. Village treasurer is not a member of the board of trustees, and a corpora- tion of which he is president may lawfully contract with the village for work upon public improvements. Matter of Village of Kenmore, 59 Misc. 388 (1908), 110 N. Y. Supp. 1008. Employment by council of one of its members to render services for the municipality is against public policy, and no recovery can be had for the ser- vices so rendered. Smith v. City of Albany, 61 N. Y. 444 (1875). Statute declaratory of the Common Law which forbids member of the coun- cil from becoming a contractor, and such statute will not be strictly con- strued. Smith v. City of Albany, 61 N. Y. 444 (1875). Application. The provisions of this section are not applicable to the street superintendent of the village of Saratoga Springs, as to whom a different restriction contained in tihe law creating the office is applicable. Morrissey v. Sewer, Water and Street Commission (1911), 73 Misc. 432, 133 N. Y. Supp.. 365. Contracts between Village Board of Trustees and members of such board •are illegal and cannot be enforced. Kept, of Atty.-Gen., Mch. 14, 1911; Mohv 15, 1911. 200 The Village Laws of New Yoek | 333. Liability on unlawful contracts. An officer or person who assumes to create a liability or appro- priate money or property of the village without authority of law, or assents thereto, is personally liable for such debt, or to the village for such money or property. Each member of a village board present at a meeting thereof when such unlawful action is taken is deemed to have assented thereto, unless he expressly dissents and requests such dissent to be entered upon the minutes of the meeting. A village is not liable upon a contract made by an officer or a board in the name or on behalf of the village, unless it is authorized by law. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 313; originally revised from L. 1870, Ch. 291, tit. 8, sec. 11. Those dealing with municipal agents have no right to presume that they are acting within the line of their duty but must take care to learn the jiature and extent of their authority. McDonald v. Mayor, etc., of New York, 68 N. Y. 23 (1876). Unfaithfulness of agent in other transactions will not relieve municipality from obligation of the contract in action. Baird v. Mayor, etc, of New York, 96 N. Y. 567 (1884). Want of formal action on the part of a committee appointed by the council will not defeat a just claim for supplies furnished. Kramrath v. City of Albany, 53 Hun, 206 (1889), 6 N. Y. Supp. 54. Any defense may be pleaded to an action by a contractor for local im- provement, which would be available for the protection of the municipality by a suit under the Taxpayers Act. Weston v. City of Syracuse, 158 N. Y. 274 (1899), rev'g 82 Hun, 67; 31 N. Y. Supp. 186. There is no quantum meruit recovery for services performed upon a con- tract void for want of power to make it. Dickinson v. City of Poughkeepsie, 75 N. Y. 65 (1878); Bonesteel v. City of New York, 22 N. Y. 162 (1860); Brady v. Mayor, etc., of New York, 20 N. Y. 312 (1859); McDonald v. Mayor, etc., of New York, 68 N. Y. 23 (1876); such contract cannot be ratified, Smith v. City of Buffalo, 1 Sheldon, 493 (1875). Contractor has no recourse against the village in any form of action for work performed under an illegal contract. Ward v. Kropf, 120 N. Y. Supp. 476 (1910). Contract not ultra vires may be ratified by the municipality. McCloskey v. City of Albany, 7 Hun, 472 (1876); such ratification is equivalent to original authority, Smith v. Mayor, etc., of New York, 21 How. Pr. 1 (1861). Contract of president previously authorized and subsequently ratified by acceptance of services rendered will make the village liable. Kent v. Village of North' Tarrytown, 50 App. Div. 502 (1900). Village liable for materials used and accepted, although the contract therefor made by the village president was not authorized by the board of trustees. Lines v. Village of Otego, 91 N. Y. Supp. 785 (1904). The Village Laws of New Yoek 201 § 334- Competency of inhabitants as justices or jurors; under- takings not required by village. In an action brought by or against a village it shall not be an objection against the person acting as justice or juror in such action, that he is a resident of the village or subject to taxation therein. It shall not be necessary for the village to give a bond, undertaking or security to appeal or to obtain a provisional remedy, or to take or prevent any other proceeding; but the vil- lage shall be liable to the same extent as if it had given the bond, undertaking or security otherwise required by or in pursuance of law. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 315; originally- revised from L. 1870, Ch. 291, tit. 8, sec. 9, as amended by L. 1892, Ch. 222. I 335. Board may take testimony. The board of trustees or the board of fire, water, light, sewer or cemetery commissioners may take testimony in a proceeding pending before it. The village clerk or any member of the board of trustees may administer oaths and take affidavits upon any claim or account against the village. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 315; originally revised from L. 1870, Ch. 291, tit. 8, sec. 9, as amended by L. 1892, Ch. 222. Cross references. Power to take testimony includes power to administer oaths and issue subpoenas. Code Civ. Pro., sees. 843, 854. ^ 336. Woman may institute proceeding. Where a right is granted by this chapter to institute a pro- ceeding, make an application, present a petition, or take an appeal, such right may be exercised by an adult resident woman who owns property assessed upon the last preceding assessment-roll of the village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 217. This section was new in former Village Law. Women not authorized to sign or present petition referred to in sec. 56. Eept. of Atty.-Gen. (1901), 198. § 337- Security by contractors. All contracts under this chapter must be in the name of the village and the contractor must give adequate security to be ap- proved by the officer or board with whom the contract is made. 202 The Village Laws of New Yoek Derivation. Former Village Law (L. 1897, Ch. 414), sec. 318. This section was new in former Village Law. Board acts judicially in determining who is the lowest bidder upon a municipal contract. Gleason v. Peerless, etc., Co., 1 App. Div. 257 (1896), 72 N. Y. St. Rep. 592; 37 N. Y. Supp. 267. § 338. Arrest of disorderly persons. A disorderly person under this chapter is subject to arrest, with or without process. A member of the police department or a peace officer may arrest a disorderly person without process for a viola- tion of a village ordinance, committed in his presence. An officer making an arrest under this section shall immediately take the person arrested before the police justice of the village or a justice of the peace having jurisdiction, if such magistrate can be found, if not, he may detain the person arrested until such magistrate be found, not exceeding twenty-four hours. Unless the violation complained of is also a crime subject to indictment, the magis- trate shall proceed forthwith to hear, try and determine such complaint, or may adjourn the hearing not to exceed five days, and in the meantime commit the offender to the lock-up or place of confinement or county jail until such day, or suffer him to go at large on executing a bond for his appearance on the adjourned day. On conviction the magistrate shall impose the penalty pre- scribed by the ordinance, and may also require the defendant to pay the costs of the proceeding. Unless the penalty and the costs, if imposed, be paid upon the conviction, the magistrate shall com- mit the defendant to the county jail of a county in which any part of the village is situated for a term not exceeding one day for each dollar of the penalty imposed. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 319, as amended by L. 1899, Ch. 217; originally revised from L. 1870, Ch. 291, tit. 8, sees. 14, 19. The act of 1899 changed the term from not exceeding twenty days to not exceeding one day for each dollar of the penalty imposed. Policeman has no right to arrest, without a warrant, a person violating- a village ordinance, unless authorized to do so by law. Hennessey v. Con- nelly, 13 Hun, 173 (1878). Power to arrest for violation of ordinance does not authorize an arrest upon a warrant issued long after the violation. Fuller v. Redding 16 Misc. 634 (1896). The Village Laws of New Yoke 203 § 339- Action to recover penalties. An action may be maintained by a village to recover a penalty imposed for a violation of an ordinance, and in such action an order of arrest may be issued and executed in the manner pre- scribed by the code of civil procedure for orders of arrests in justices' courts. In such action it shall be lawful to declare or complain generally for such penalty, stating the section of this chapter, or the ordinance, under which the penalty is claimed, and briefly setting forth the alleged violation. If the defendant in such action has no property out of which the judgment can be collected, the execution shall require him to be imprisoned in the county jail of a county in which any part of the village is situated, for a term not exceeding twenty days. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 320; originally revised from L. 1870, Ch. 291, tit. 8, see. 6; sec. 7, as amended by L. 1878, Ch. 59. Form of judgment. See People ex rel. Cartmill v. Eochester, 44 Hun, 166 (1887). § 340. Discontinuance of action. If in an action brought by the village to recover a penalty for the violation of an ordinance, it appears from the complaint, or by the affidavit upon which an order of arrest is granted, that the person committing such violation is a disorderly person under this chapter, the magistrate may, upon the appearance of such person before him, by an order to be entered in his minutes, direct that all subsequent proceedings be taken in the same manner as if such person had been arrested without process as a disorderly person. Such subsequent proceedings shall be taken accordingly, and the action shall be thereupon discontinued. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 321; originally revised from L. 1870, Ch. 291, tit. 8, sec. 7, as amended by L. 1878, Ch. 59. § 341. Actions against the village. No action shall be maintained against the village for damages for a personal injury or an injury to property allegted to have been sus- tained by reason of the negligence of the village or of any officer, agent or employee thereof, unless the same shall be commenced within one year after the cause of action therefor shall have accrued nor unless a written verified statement of the nature of the claim 204 The Village Laws of New Yoek and of the time and place at which such injury is alleged to have been received shall have been filed * with the village clerk within sixty days after the cause of action shall have accrued. An action on such a claim shall not be commenced until the expiration of thirty days after it is presented. Derivation!. Former Village Laws (L. 1897, Ch. 414), sec. 322, as amended by L. 1908, Ch. 300; originally revised from L. >1870, Ch. 291, tit. 3, sec. 9, as amended by L. 1889, Ch. 440. Cross references. Security not required of village, see Code Civ. Pro., sec. 1990; presentation of claim to recover costs, see Code Civ. Pro., sec. 3245; general powers of board of trustees, see ante, sec. 89, subd. 21, notes; chief fiscal officer, see ante, sec. 81. Condition precedent to action is presentation of claim to chief fiscal officer of village. Judson v. Village of Olean, 40 Hun, 158 (1886), rev'd on other grounds, 116 N. Y. 655; Gage v. Village of Hornellsville, 41 Hun, 87 (1886), aff'd 106 N. Y. 667; Fisher v. Village of Cortland, 42 Hun, 173 (1886); Spaulding v. Village of Waverly, 12 App. Div. 594 (1897). Presentation of claim to board of trustees condition precedent and presen- tation to president and chamberlain is insufficient. Mark v. Village of West Troy, 69 Hun, 442; 23 N. Y. Supp. 422. Failure to file will not be excused by the fact that the village has not- been misled to its prejudice. Reuber v. Village of Wellsville, 83 App. Div. 581 (1903), 82 N. Y. Supp. 9. Filing copy instead of original is not sufficient ground for a, non-suit, where no objection was made by the village clerk, and the defendant was not misled or prejudiced. Scheer v. Village of Perry, 119 App. Div. 606 (1907), 103 N. Y. Supp. 1048. Under charter provision requiring claim to be presented to " the president or board of trustees in writing" a service upon the clerk of the village, who was also clerk of the board of trustees, was sufficient, although not made at a meeting of the board. Dobson v. Village of Oneida, 106 App. Div. 377 (1905), 94 N. Y. Supp. 958; see Mclntee v. City of Middleton, 80 App. Div. 434 (1903). (Service on president of council sufficient.) Authority to present must be shown and the presentation must be in such a manner as will afford sufficient information to enable the officer to have the same audited and paid by the proper authority. Spaulding v. Village of Waverly, 12 App. Div. 594 (1897). Presentation of claim to recover costs applies to actions ex delicto as well as actions ex contractu. Judson v. Village of Olean 40 Hun 158 (1886); see Dressell v. City of Kingston, 32 Hun, 526 (1884). Reasonable degree of certainty in notice is required. Forsyth v. City of Oswego, 107 App. Div. 187 (1905); Rauber v. Village of Wellsville, 83 App. Div. 581 (1903); Murphy v. Village of Seneca Falls, 57 App. Div. 438 (1901); Paddock v. City of Syracuse, 61 Hun, 8 (1891); Lee v. Village of Green- wich, 48 App. Div. 391 (1900). Time and place that the injury occurred should be definitely stated in the notice. Freleigh v. Village of Saugerties, .70 Hun, 593 (1893), 43 N. Y. Supp. 186; Saumby v. City of Rochester, 72 Hun, 489 (1893), 25 N. Y. Supp. The Village Laws or New Yoke: 205 1136; Werner v. City of Rochester, 77 Hun, 33 (1894), 28 N. Y. Supp. 266; Lee v. Village of Greenbush, 48 App. Div. 391 (1900), 63 N. Y. Supp. 160; Murphy v. Village of Seneca Falls, 57 App. Div. 438 (1901), 67 N. Y. Supp. 1013; Rauber v. Village of Wellsville, 83 App. Div. 581 (1903), 82 N. Y. Supp. 9. Notice must be definite, and one which does not describe the place where the accident occurred more definitely than to state that the plaintiff " was tripped up and fell into » hole in said sidewalk " of a designated street in said village is fatally defective. Rauber v. Village of Wellsville, 83 App. Div. 581 (1903), 82 N. Y. Supp. 9. Locus of accident upon a, designated street and between two cross streets is sufficient. Romanowski v. City of Tonawanda, 127 App. Div. 814 (1908), 112 N. Y. Supp. 105. Notice is insufficient which fails to state the date when the injury oc- curred, and is indefinite as to the place of occurrence. Forsyth v. City of Oswego, 107 App. Div. 187 (1905). Notice is insufficient which alleges the injury " on or about " a certain, day. Lee v. Village of Greenwich, 48 App. Div. 391 (1900), 63 N. Y. Supp. 1C0. Complaint may be amended to conform to the proof where the date of the accident as alleged therein is different from the date alleged in the notice of claim. Ladriek v. Village of'Green Island, 103 App. Div. 71 (1905).. Action should not be commenced until the expiration of thirty days after the claim is presented. This is a condition precedent which must be pleaded and proved. Thrall v. Cuba Village, 88 App. Div. 410 (1903); see Arthur v. Village of Glens Falls, 66 Hun, 136 (1892), 21 N. Y. Supp. 81. ( (Decided under former statute.) Objection: for failure to file notice of claim cannot be raised for the first time on appeal. McCarthy v. Village of Far Rockaway, 3 App. Div. 379 (1896), 38 N. Y. Supp. 989. Notice of claim unnecessary in an equitable action to obtain relief from an alleged nuisance. Gerow v. Village of Liberty, 106 App. Div. 357 (1905), 94 N. Y. Supp. 949; Sammons v. City of Gloversville, 175 N. Y. 346 (1903), aff'g 67 App. Div. 628. Notice must contain a description of the place where the accident happened. The provision as to filing of notice is prohibitive of a recovery until perform- ance be shown. Carson v. Village of Dresden (1911), 202 N. Y. 414, rev'g 137 App. Div. 927. § 342. County court always open. The county court is always open for the hearing of an applica- tion or appeal under this chapter. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 323. This section was new in former Village Law. § 343. Location of hospitals and pest-houses. A building or tent in a village shall not be used, occupied or maintained as a hospital or pest-house for the reception and care of public or private patients without the consent of the board of health of such village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 324; originally revised from L. 1893, Ch. U7. 206 The Village Laws of New Yoek ] § 344. Destruction of garbage. Within any village having over ten thousand inhabitants it shall be lawful for the trustees of such village to provide for the col- lection of and to cause to be consumed by fire or heat, and to prohibit the throwing, casting or deposit in any body or stream of water, or upon any ash heap or other place than such as may- be provided by them within such village, any animal or vegetable refuse, dead animal, carrion, offal, swill or garbage. And it shall be lawful for the trustees of any such village to contract for the collection and for the consumption by heat or fire of any such refuse or other aforesaid matter, or for the purchase, maintenance and operation of any appliances for the collection and consumption thereof. Derivation. L. 1894. Ch. 666, aee. I. § 345- Violation of ordinance a misdemeanor. Any person offending against any such provision as aforesaid made by any such trustees for the collection, or for the prohibi- tion of the throwing, casting or deposit of any such refuse or other aforesaid matter shall be deemed guilty of a misdemeanor. Derivation. L. 1894 4 Ch. 666, sec. 2. Cross references. Violation of ordinances, see ante, sec. 93. Where violation constitutes misdemeanor proceedings may be taken by indictment. Cronin v. People, 82 N. Y. 318 (1880), aff'g 20 Hun, 137. § 346. Expense, how assessed and collected. Any expense incurred in any village, pursuant to the provisions of the last two sections, shall be annually raised as a part of the expenses of such village, and shall be levied, assessed and collected in the same manner that other expenses of such village are raised and shall be kept separate from the other funds of such villao-© and shall be applied by the trustees thereof to the payment of such expense. Derivation). L. 1894, Ch. 666, sec. 3, in part. § 347. Change of name. The name of a village may be changed upon the adoption of a proposition therefor at an annual election. The proposition must contain the proposed new name, and be accompanied by the writ- ten consent of the postmaster-general of the United States to suclt The Village Laws of New Yoke: 207 change. If the proposition be adopted a certificate thereof, at- tested by the president and clerk of the village shall, within ten days after the election, be filed in the office of such clerk, in the office of the county clerk of each county in which any part of the village is situated, and also in the office of the secretary of state. The change of name takes effect upon the filing of the certificate in the office of the village clerk. Derivation. Former Village Laws (L. 1897, Ch. 414), see. 325; originally revised from L. 1870, Ch. 291, tit. 2, sec. 18, as added by L. 1893, Ch. 464. Cross references. Certificate of change of name, see post, Form 58. § 348. Extension of boundaries. Territory not in a city or village may be annexed to an ad- joining village. A petition for such annexation, describing the territory, stating the number of inhabitants thereof, and signed by a majority of the persons residing therein, if any, qualified to vote for town officers, and also by the owners of a majority in value of the property therein, assessed upon the last preceding town assessment-roll, may be presented to the board of trustees of such village. Each person signing the petition shall state op- posite his name the assessed valuation of the property, if any, owned by him in such territory. Such petition must be verified by at least three persons signing the same to the effect that the petitioners constitute a majority of the qualified electors, if any, of such territory, and that the petition represents a majority in value of the property as above described. The petition must also be acknowledged in the same manner as a deed to be recorded. Such petition must be accompanied by the written consent of a majority of the town board of the town in which such territory is situated, residing outside the village. Upon the presentation of such petition and consent, the board of trustees shall cause a proposition for such annexation to be submitted at a special elec- tion. If the proposition be adopted, the petition and consent and the certificate of the election shall be recorded in the village book of Tecords. Such annexation takes effect upon the receipt by the village clerk of the certificate of the secretary of state under the seal of his office, certifying that he has received and placed on file in his office an outline map and description of the corporate limits of such village as extended, together with the date of filing the same in his office. Such outline map and description shall 208 The Village Laws of New Yoek plainly snow and describe the territory annexed. The date of filing such outline map and description, as shown by the certifi- cate of the secretary of state, shall be deemed the date of the annexation of the territory to such village. And a certificate thereof containing a description of the territory annexed shall, within ten days after such election, be filed by the village clerk in the office of the clerk of the town and of the county in which such annexed^ territory is situated. Derivation. Former Village Laws (L. 1897, Oh. 414), sec. 326, as amended by L. 1907, Oh. 607; originally revised from L. 1870, Oh. 291, tit. 8, sec. 3, as amended by L. 1893, Oh. 503. Section 3 was amended by L. 1897, Oh. 332, but the amendatory act was only in effect until July 1, 1897, when it was repealed by the Village Law. Revisers' note (1897). L. 1870, Ch. 291, tit. VIII, sec. 33; E. a., 9th ed., 2314, rewritten. The provision of section 33, allowing the exclusion of the territory, is omitted. § 348-a. Extension of boundaries by the annexation of territory belonging to the village. If a village be the owner of uninhabited territory adjoining the village sucih territory may be annexed to the village if a majority of the members of the town board of the town in which such village is situated residing outside of the village consent thereto. Such consent shall be acknowledged in the same manner as a deed to be recorded, and shall be filed in the office of the village clerk. Upon the filing of such consent the board of trustees of such village may adopt a resolution annexing such territory without the presenta- tion of a petition and without the adoption of a proposition at a village elec- tion as provided by the last preceding section. Such annexation shall take effect at the same time and subject to the same conditions as if the adoption of sudh proposition by the board of trustees were the adoption at a special election of a proposition for annexation as provided in the last preceding section. Derivation. Added by L. 1912, Oh. 124. In effect Apr. 4, 1912. § 349. Diminishing boundaries. The boundaries of a village may be diminished by excluding from its cor- porate limits, territory abutting upon a street, which is not adjacent to nor benefited by either street or sidewalk improvements, electric lights, sewers, water works system or fire protection, when any of such benefits, improve- ments or system have been completed in a village. A petition for diminish- ing the boundaries of a village by excluding territory therefrom may be pre- sented to the board of trustees of sudh village. Such petition shall describe the territory sought to be excluded, and shall state the number of inhabitants thereof and the names of the owners and occupants of each parcel of land therein, and shall be signed and duly acknowledged by the owners of a majority in value of the real property sought to be excluded. Each person signing sudh petition shall state opposite his name the assessed valuation of all property owned by tan in such territory, together with the amount of village taxes paid thereon during the preceding year. Such statement of assessed valuation and taxes paid shall be duly verified by each person signing sudh petition. The petition must also be accompanied by the con- sent in writing of the supervisor of the town in which the territory sought to be excluded is situated. Upon the presentation of such petition and consent, the board of trustees shall, if it appears that the exclusion of such territory will not decrease the number of inhabitants re- The Village Laws of New Yoek 209- maining in the village so as to change its class, cause a proposition, for so diminishing such boundaries to be submitted at the next succeeding annual village election, or a special election called for the purpose of voting upon such proposition. If the proposition be adopted, the petition, consent and certificate of the result of the vote cast upon the proposition shall be recorded in the village book of records. The diminishing of such boundaries shall take effect thirty days after such election. Within ten days after the adoption of such proposition, a certificate containing a description of the territory sought to be excluded, stating the assessed valua- tion thereof and the number of inhabitants therein, shall be filed in the town clerk's office of each town, and. in the county clerk's office of each county in which the village is wholly or partly situated, and also in the office of the secretary of state. Territory so excluded from the village shall not be relieved from bearing its proportionate share of any liability or indebtedness incurred by such village while such territory was a part thereof, and until such liability is discharged, or such indebtedness paid, the proportionate share to which such territory would be liable if it had not been excluded shall be levied upon, assessed and col- lected from such territory by the proper officers of such village, in the same manner as if such territory had not been excluded therefrom. Provided however that this section shall not apply to any county in the state which has adopted, or may hereafter adopt, the system of highway improvement under chapter one hundred and fifteen of the laws of eighteen hundred and ninety-eight or the acts amendatory thereof. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 326a, as amended by L. 1903., Ch. 606. Under this section it seems that a, village has no authority to diminish its boundaries, if the county in which it is situate has adopted the system of highway improvement authorized by L. 1898, chap. 115, although the purpose of the change of boundaries be to withdraw from a union free school district and create a distinct school district. Union Free School Dis- trict of Brownville v. Village of Glen Park, 109 App. Div. 414 (1905), 96 N. Y. Supp. 428. § 350. Dissolution of villages. A proposition for the dissolution of a village may be submitted at a special election. If the proposition be defeated a second proposition for that purpose shall not be submitted within two- 210 The Village Laws of New Yoek years of the date of such special election. If a second propo- sition to dissolve a village has been defeated any subsequent proposition for that purpose shall not be submitted within five years of _the date of the special election at which the preceding proposition was defeated. If the proposition be adopted, it must be again submitted at the next annual election held not less than six months subsequent to the special election. If the proposi- tion be adopted at such annual election, a certificate thereof shall be filed in the office of the town clerk, and of the county clerk of each county in which any part of the village is situated, and also with the secretary of state. At the expiration of six months from such annual election the village shall be dissolved. Within that period, the board of trustees must submit at a special election a proposition for the disposition of the village property remaining after the payment of all claims for which the village shall be liable, and also for the raising by tax of any sum that may be necessary to pay and discharge its existing debts and lia- bilities. Upon the dissolution of the village all its records, books and papers shall be deposited with the town clerk of the town in which the principal portion of such village is situated, and they shall thereupon become a part of the records of such town. The supervisor of such town shall be the trustee of the property of the village. No suit in which the village is a party, nor any claim for or against the village shall be affected by its dissolution. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 327, as amended by L. 1901, Ch. 53; originally revised from L. 1847, Ch. 426, see. 90, as amended by L. 1880, Ch. 172, sec. 91. These sections were not repealed by L. 1870, Ch. 291, tit. 8, sec. 32, but were made part of such act to apply to villages incorporated under it. § 351. Expiration of terms of officers. A police justice or an assessor in office when this chapter takes effect shall continue in office until the expiration of the term for which he was elected or appointed. Except as otherwise provided in this chapter the terms of all other officers shall expire on the Monday following the third Tuesday in March, eighteen hundred and ninety-eight. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 328. This section was new in former Village Law. Cross references. Election of police justice, see ante, sec. 47; criminal jurisdiction of village police justice, see ante, sec. 182. The Village Laws of New York 211 § 352. Consolidation of villages. Two or more adjoining villages either wholly subject to this •chapter, or one or more wholly subject to this chapter and one or more incorporated by special act of the legislature, may be con- solidated by adopting a proposition therefor at any election, which shall be held in each of such villages on the same day, but not after the last day of January and before the date of the annual election. At least ten days before such special election the board of trustees of such villages shall meet in joint session and deter- mine on the name for the consolidated village, and shall forthwith file a certificate specifying such name in the office of the clerk of each village. The ballots to be used at such election may be written or printed and shall contain either the words for the con- solidation of the village of (naming it) with the village (or vil- lages) of (naming it or them) into one village by the name of (named fixed by trustees), or against the consolidation of the vil- ]age of (naming it) with the village (or villages) of (naming it or them) into one village by the name of (name fixed by trus- tees). Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 329, as added by L. 1899, Ch. 56, and amended by L. 1902, Ch. 520. § • 353- Filing certificates. The clerk of each of such villages shall within three days after the election file a certified copy of the certificate of such election in the office of each other village included in the proposed con- solidation. If the proposition for consolidation be adopted in all the villages, the clerks thereof shall within five days after the election file in the office of the clerk of each county in which any part of either of such villages is situated, and also in the office of the secretary of state, a joint certificate, stating the holding of the election, the adoption of the proposition for consolidation by each village and the name of the new village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 331, as amended by L. 1899, Ch. 56. § 354. Effect of consolidation. On the filing of such certificate in the office of the secretary of state, such villages shall be consolidated into one village by the named specified in such certificate. Such new village shall pos- 212 The Village Laws of New Yobk sess all the powers, enjoy all the privileges, and be subject to alL the liabilities, in all respects and for all purposes, as if it had been originally incorporated under this chapter; and from the date of the consolidation it shall belong to the class in which it would have been placed if the consolidation had taken effect im- mediately before the last preceding enumeration of the inhabitants of the several consolidating villages under this chapter, according to the aggregate returns of such enumeration on file at the date of the consolidation. Such new village shall become the owner of all the property of each of the consolidating villages, shall succeed to every right of action existing in favor of either of them, and shall become liable for all causes of action, debts or obliga- tions against either of such consolidating villages, and the same may be enforced as if such liability, debt or obligation had been originally incurred by it. Such consolidation shall not affect any action or proceeding then pending against either of the con- solidating villages, but such action or proceeding may be prose- cuted to final judgment as if such consolidation had not taken place, except that the court in which such action or proceeding is pending shall, upon application of the board of trustees of the new village, substitute it as a party to the action or proceeding, and in either case the judgment or order shall be enforcible in favor of or against the new village. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 331, as amended by L. 1899, Ch. 56. § 355- Numfoter of trustees ; wards ; clerk. Within five days after the consolidation takes effect the boards of trustees of the consolidating villages shall meet in joint session and determine, within the limitations prescribed by section forty- four, the number of trustees to be elected in the new village at the first election, and if such new village is a village of the first class, may also divide such village into wards of a number equal to one-half of the number of trustees to be elected. Such wards shall contain a population as nearly equal as may be, and be of convenient and contiguous territory, in as compact form as prac- ticable. They shall make a certificate of such division which shall contain a description of each ward, and file the same in the offi.ce of the village clerk, who shall at least fifteen days before The Village Laws of New Yoek 213 such first election post copies thereof in at least ten conspicuous public places in such village and publish a copy thereof at least once in each newspaper printed in the new village. They shall also at such joint meeting appoint a clerk of the new village, who shall hold his office until his successor is appointed. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 332, as added by L. 1899, Ch. 56. § 356. First election in consolidated village. At their joint meeting, the boards of trustees of the consolidat- ing villages shall fix the date of the first election, which must be held within twenty days after the joint meeting, except that if the election on the question of consolidation is held in the month of January, such first election must be held on the day of the next annual election under this chapter. They shall provide for giving notice of such election as in case of an annual election under this chapter. If such village is not divided into wards, the first election shall be held in the consolidating villages by elec- tion districts or otherwise as if such consolidation has not taken place. If such village is divided into wards, each ward shall ■constitute an election district for the first election and the boards of trustees of the consolidating villages at their joint meeting shall appoint two inspectors of election, a poll clerk and a ballot clerk for each ward to conduct such election therein. Such in- spectors shall not both be chosen from the same political party. Sec- tion twenty-nine of this chapter applies, so far as practicable, to the first election in the new village, except that if an election is held after the thirtieth day of September and on or before the date fixed for the next annual election, one-half of the number of trustees elected shall hold office until the end of the next official year, and one-half during the next two official years. If such vil- lage is divided into wards, two trustees shall be elected in each ward, and if the election is held after the thirtieth day of Sep- tember and on or before the date fixed for the next annual elec- tion, one of such trustees shall be elected to hold office until the end of the next official year, and one to hold office during the next two official years. Section fifty-six of this chapter applies, so far as practicable, and the joint boards of trustees shall constitute the canvassing board at such first election. The certificate of 214 The Village Laws of New Yoek suck first election shall be filed with the clerk of the new village- on the day of canvass, and thereupon the terms of office of th& •officers of the consolidating villages shall expire and the terms of officers elected for the new village shall commence. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 334, as amended by L. 1899, Ch. 56. § 357- Transfer of property to new village. Within five days after the qualification of the officers of the new village, the officers of the consolidating villages shall deliver to the proper officers thereof all money, records, books, papers or other property belonging to the village in their possession or un- der their control, and such new village shall thereupon become the owner thereof and its proper officers shall be the custodians- thereof as prescribed by this chapter. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 334, as added by L. 1899, Ch. 56. § 358. Reports of treasurers. The treasurer of each of such consolidating villages shall, im- mediately on the termination of his office, file with the clerk of the new village an accurate, detailed and verified statement, show- ing all moneys paid into the treasury of bis village during the current fiscal year, the persons by whom, and the funds for which the same were paid, all expenditures from the treasury during such period, the persons to whom, and the funds from which such moneys were paid, the balance in the treasury to the credit of each fund at the time of making such report, and all indebted- ness of the village outstanding, to whom, so far as practicable- the same is owing, upon what account, and when payable. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 335, as added, by L. 1899, Ch. 56. The Village Laws of New York 214a § 359. Establishment of disputed, unknown or uncertain boun- daries. If the boundary lines, or any of the boundary lines, of any in- corporated village organized or existing pursuant to general or special act, or whose incorporation is lawfully established, are un- certain or there is a reasonable doubt as to their exact location, for any reason, or if, in the statute or records by which the village was incorporated a boundary line or lines was not completed, leav- ing a hiatus therein, or if the records and papers showing the boundaries of a village incorporated under a general act are lost or cannot be identified, such boundary line or lines may be settled and established in the following manner : An application in writ- ing, subscribed by the president of the village, requesting the es- tablishment of such boundaries, may be presented to the board of supervisors of the county in which the village is located. It shall then be the duty of such board of supervisors to take action upon the application by resolution, at such time, within sixty days- thereafter, as it may determine; but the board shall not adopt any resolution determining or defining such boundary line or lines until after a public hearing is had thereon, before the board, upon a notice to be published for three consecutive weeks next preceding' the meeting of the board at which the matter is to be heard, in a newspaper published in the village, and if there be a newspaper published in the town outside of the village, in one such newspaper also. A copy of the notice shall also be served personally, at least fifteen days before the meeting of such board, on the supervisor and town clerk of the town or each of the towns in which the vil- lage is located. The board shall give a hearing to all persons ap- pearing in support of or in opposition to the adoption of such reso- lution or presenting statutes, records, documents or other facts affecting the boundaries of such village. The board may take proof and testimony relating to the subject-matter of such inves- tigation. The board may adopt a resolution determining and de- fining the boundary lines of the village, to include both the known and undisputed lines as well as those which are uncertain or un- known as aforesaid. A copy of the resolution, as adopted by the board, shall contain the courses, distances and fixed monuments necessary for an accurate description thereof, and a copy of such resolution duly certified by the clerk of the board, together with a map or survey of such boundaries as fixed by the board, shall be filed in the office of the secretary of state within thirty days after the adoption of the resolution. The filing of such map shall be 214b The Village Laws of New York equivalent to a compliance with the provisions of section eighty of this chapter; but where a map shall not have been filed pursuant "to the requirements of such section on account of the boundary lines of a village being uncertain or unknown, as provided in this section, proceedings for the establishment and settlement thereof shall be begun by the president of the village under the provisions of this section within three months after this section takes effect. The boundary lines shall be those fixed by the resolution, but this section shall not be deemed to authorize the inclusion within a vil- lage of any substantial area of territory which has not been either (1) commonly recognized as a part of the village or (2) treated and claimed by the village authorities, at some time previously, as a part of the village or, (3) the subject of a reasonable dispute, on a question of law or fact, as to its location within or without the -village. The expenses of making any map or survey accompany- ing the filing of such resolution, by whomsoever incurred, or in the production of papers, documents or statutes at the hearing re- lating to such boundary lines, shall be borne by the village and the payment thereof provided for by taxation in the village as other village expenses. Derivation. Added by L. 1912, Oh. 123. In effect Apr. 3, 1913. The Village Laws of New Yoek 215 AKTICLE XVI. Effect of Chapter. Section 380. Effect of chapter on special villages. 381. Effect of revision on general villages. § 380. Effect of chapter on special villages. A village incorporated under and subject to a special law, and each officer thereof, possesses all the powers and is subject to all the liabilities and responsibilities conferred or imposed upon a village incorporated under this chapter, or upon an officer thereof, not inconsistent with such special law. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 340; originally- revised from L. 1884, Ch. 308. Village incorporated in 1837, by » special act, is still an existing cor- poration, although it has never elected officers. Eept. of Atty.-Gen. (1899), 314. This section has been held to make the provisions of sec. 128 applicable to the Village of Port Chester. Wakefield v. Perkins, 120 N. Y. Supp. 635 (1910). § 381. Effect of revision on general villages. The following villages are subject to the provisions of thia chapter, as if incorporated thereunder: 1. Villages incorporated under chapter four hundred and twenty-six of the laws of eighteen hundred and forty-seven, or the acts amendatory thereof and supplemental thereto, and which have not been reincorporated under a special law. 2. Villages incorporated or reincorporated under chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, or the acts amendatory thereof and supplemental thereto. 3. Villages incorporated under chapter four hundred and four- teen of the laws of eighteen hundred and ninety-seven, or the acts amendatory thereof and supplemental therto. 4. Villages incorporated by special law and reincorporated un- der a general law and now subject to its provisions. Derivations. Former Village Laws (L. 1897, Ch. 414), sec 341. This section was new in former Village Laws. Consolida tor's note (1909). New matter added to make villages incor- porated under present law subject to this chapter. 216 The Village Laws of 2Tew Yoek AETICLE XVLL Laws Repealed: When to Take Effect. Section 390. Laws repealed. 391. When to take effect. § 390. Laws repealed. Of the laws enumerated in the schedule hereto annexed that; portion specified in the last column is hereby repealed. Thus amended by L. 1909, Ch. 240, sec. 83, in effect April 22, 1909. § 391. When to take effect. This chapter shall take effect immediately. SCHEDULE OF LAWS REPEALED. Laws of 1847... Chapter . .. 151 Section . All. 1847... . .. 209 . All. 1847... . .. 426 . All. 1850... . .. 176 . All. 1851... . .. 519 . All. 1852... . ... 184 . All. 1857. . . . .. 552 . All. 1861... ... 178 . All. 1861... ... 178 . All. 1864... ... 117 . All. 1868... . . . 462 . An. 1870... . .. 291 . AH. 1870, . . 1871... . .. 311 . .. 688 Part relating to division of streets on* boundary line between villages and. other municipal corporations. . All. 1871... . .. 696 . All. 1871... . . . 870 . All. 1872... . .. 357 . All. 1872... . .. 696 . All. 1873... 92 . All. 1873... . .. 397 . 11. The Village Laws of New IYobk Laws of Chapter Section 1874 ... 78 . All. 1874 ... 345 . . All. 1874 .. 474 . All. 1874 ... 628 . All. 1875 .. 149 . All. 1875 .. 181 . . All. 1875.... .. 197 . . All. 1875 ... 242 , . All. 1875 .. 339 , . All. 1875 .. 385 . All. 1875 . . 514 . . All. 1875.... .., 570 , . All. 1876 .... 92 . All. 1876 .. 134 . All. 1876 .. 308 . All. 1876 .. 317 .. All. 1877.... .., 16 . All. 1877 .. >244 . All. 1878 59 . All. 1878 . . 249 ., All. 1878 .. 281 . All. 1878 ... 396 . All. 1879 68 . All. 1879 ... 86 . All. 1879 . . 129 . All. 1879 . . 228 . All. 1879 . .. 250 . All. 1879 .. 337 . All. 1880 64 . All. 1880 . . 78 . All. 1880 . . 144 . All. 1880 . . 172 . All. 1880' . . 235 . All. 1880 . . 29'2 . All. 1880 . . 302 . All. 1880 . . 422 .. All. 1880 . . 496 . All. 1881 .. 17 . All. 217 218 The Village Laws oe New Yobk Laws of ' Chapter Section 1881 175 All. 1881 249 All. 1881 353 All. 1881 387 All. 1881 408 All. 1881 615 All. 1881 415 46. 1881 615 All. 1881 690 All. 1882 226 All. 1882 305 All. 1882 316 All. 1883 90 All. 1883 113 All. 1883 118 All. 1883 153 All. 1883 255 AH. 1883 459 All. 1883 465.. All. 1884 129 AH. 1884 131 AH. 1884 281 All. 1884 308 All. 1884 423 All. 1885 170 All. 1885 192. All. 1885 211 All. 1885 236 All. 1885 450 All. 1886 497 All. 1886 556 All. 1886 600...... All. 1886 616 All. 1887 68 All. 1887 244 All. 1887 504 All. 1887 513 All. 1887 514 All. The V: [llage Laws of New Yoek Laws of Chapter Section 1888 . . 172 .. . . . . All. 1888 . . 342 .. . . . . All. 1888 .. 452... . . . All. 1888 .. 525... . . . All. 1889 .. 174... . . . All. 1889 .. 186... . . . All. 1889 .. 229... . . . All. 1889 .. 246... . . . All. 1889 .. 375... . . . All. 1889 .. 440... . . . All. 1889 .. 455... . . . All. 1889 . . 507 .. . . . . All. 1890 82... . . . All. 1890 .. 196... . . . All. 1890 .. 213... . . . All. 1890 .. 235... . . . All. 1890 .. 236... . . . All. 1890 .. 371... . . . All. 1890 .. 527... . . . All. 1890 .. 542... . . . All. 1891 .. 74... . . . All. 1891 .. 116... . . . All. 1891 .. 139... . . . All. 1891 .. 160... . . . All. 1891 .. 201... . . . All. 1891 .. 306... . . . All. 1891 .. 312... . . . All. 1891 .. 316... . . . All. 1892 .. 194... . . . All. 1892 .. 195... . . . All. 1892 .. 222... . . . All. 1892 . . 349... . . . All. 1892 .. 564... . . . All. 1892 . . 593... . . . All. 1892 . . 640... . . . All. 1893 . . 212... . . . All. 189-3 . . 400... . . . All. 1893 . . 422 .. . . . . All. 219 220 The Village Laws of New Yoke Caws of Chapter Section 1893 447 All. 1893 464 All. 1893 473 All. 1893 503 All. 1893 617 All. 1893 618 All. 1893 624 All. 1893 662 All. 1893 694 All. 1894 161 All. 1894 172 All. '1894 284 All. 1894 318 AU. 1894 413 All. -L894 666 Part relating to vUlages. 1894 673 AU. 1894 680 All. 1895 113 All. 1895 146 All. 1895 154 AU. 1895 187 AU. 1895 202 AU. 1895 383 AU. 1895 430 AU. 1895 437 AU. 1895 743 All. 1895 879 AU. 1896 166 AU. 1896 209 AU. 1896 243 AU. 1896 310 All. 1896 341 All. 1896 329 AU. 1896 409 AU. 1896 457 All. 1896 458 AU. 1896 522 All. 1896 663 AU. 1896 688 AU. The Village Laws of New. ,Yobk 221 Laws of Chapter Section 1896 . . 923 . All. 1896 . . 978 . All. 1897 . . 332 . All. 1897 . . 414 . All. 1898 . . 145 . All. 1898 . . 195 . All. 1898 . . 365 . All. 1898 . . 539 . All. 1898 .. 668 . All. 1899 56 . All. 1899 82 , . All. 1899 .. 154 . . All. 1899 .. 217 . . All. 1899 .. 326 . . All. 1899 .. 391 . . All. 1899 .. 446 , . All. 1900 .. 373 . . All. 1901 7 , . All. 1901 50 . . All. 1901 53 . . All. 1901 68 . . All. 1901 .: 155 . . All. 1901 . . 509 . . All. 1901 .. 593 . . All. 1901 .. 624 . . All. 1902 .. 280.... . . All. 1902 .. 520 . . All. 1902 .. 591 . . All. 1903 .. 131 . . All. 1903 . . 139 . . All. 1903 . . 202 . . All. 1903 .. 313 . . All. 1903 .. 606 . . All. 1903 .. 617 . . All. 1904 34 . . All. 1904 35 . . All. 1904 . . 100 . . All. 1904 .. 101 . . All. 1904 .. 122 . . All. 222 The Village Laws of New Yoke Laws of Chapter Section 1904 . . 193 . . All. 1904 . . 231.... . . All. 1904 . . 497 . . All. 1904 . . 645 . . All. 1904 . . 680 . . All. 1905 66 . . All. 1905 98 . . All. 1905 . . 220 . . All. 1905 . . 259 . . All. 1905 . . 290.... . . All. 1905 . . 300 . . All. 1905 . . 404 . . All. 1905 . . 498 .. All. 1905 . . 500 .. AIL 1906 34 . . All. 1906 .. 57.... . . All. 1906 .. 97.... . . All. 1906 .. 278 .. All. 1906 .. 397 . . All. 1906 . . 404 . . All. 1906 .. 452 . . All. 1906 .. 577.... . . All. 1906 .. 602 . . All. 1907 38 . . All. 1907.... 44 . . All. 1907 59 . . All. 1907 82.... . . All. 1907 93.... . . All. 1907 .. 158 . . All. 1907 .. 471.... . . All. 1907 .. 607.... . . All. 1908 .. 100 . . All. 1908 .. 176.... . . All. 1908.... .. 300 . . All. 1908 .. 301.... . . All. 1908 .. 302.... . . All. 1908 .. 461 . . All. 1908 .. 509 . . All. Code Criminal Procedure, §§ 75-755. The Village Laws of Xew Yoke 223 Consolidatot's notes to schedule of repeals. Where a, statute has been, specifically repealed, that and the repealing statute are given without ex- planatory note. L. 1851, Ch. 519. Act amending L. 1847, Ch. 426. Section 2 was repealei by L. 1897, Ch. 414, sec. 342. Section 1 is a repealing section. Balance of act is absolete. As the statutes covered by express repealing acts have been repealed by the Consolidated Laws, the repealing statutes have been recommended for repeal. L. 1880, Ch. 302. Authorize cities and incorporated villages to charge license fees to persons doing a retail business on the canals of this state. Substance of this act is contained in " old " General City Law, sec. 8,, and Village Law, sec. 90, subd. 2; sec. 91, subd. 2, this law. Superseded and obsolete. L. 1883, Ch. 113, and amendatory acts. Part relating to change of grade- of streets and bridges by village authorities repealed by L. 1897, Ch. 414, see. 342, subd. 4. Balance of act consolidated in Highway Law. L. 1894, Ch. 666. Part of statute relating to villages. Consolidated in Village Law, sees. 344-346. Remainder of statute consolidated in Town Law. L. 1897, Ch. 414, sec. 342. This section has been omitted for the following- reasons : Subd. 1. The acts covered by this subdivision are contained in the schedule of repeals annexed to the Village Law. Section 390 is the uniform repealing clause adopted in the consolidated laws. Subd. 2. Inconsistent repeals have been accomplished and all such clauses have been omitted from the consolidated laws. Subd. 3. The repeals under this subdivision have been accomplished and the subdivision is of no further value. Subd. 4. L. 1883, Ch. 113, is repealed in the schedule. Subd. 5. The portion of L. 1870, Ch. 311, referred to in this subdivision has been included in the schedule of repeals. L. 1897, Ch. 414. This statute, which is the " old " Village Law, is recom- mended for repeal because its live provisions have been incorporated in th& Village Law, except sees. 46-48, 72, which provided for readjustment of affairs of villages at time Village Law took effect. Temporary and obsolete^ L. 1898, Ch. 145. Consolidated in Village Law, sec. 205. L. 1898, Ch. 539. " " " " " 113. L. 1898, Ch. 668. " " " " " 65. L. 1899, Ch. 56. Section 1, part adding sec. 329 to L. 1897, Ch. 414, amended to read as follows by L. 1902, Ch. 520, sec. 1. Balance of section consoli- dated in Village Law, sees. 353-358. Section 2 states when act shall take effect. L. 1899, Ch. 82. Consolidated in Village Law, sec. 234. L. 1899, Ch. 217. (( t ct C it 338. L. 1899, Ch. 391. tt i it t it 90, subd. 28 L. 1901, Ch. 7. (( t it t M 44. L. 1901, Ch. 50. ft ( it t it 89, subd. 23 L. 1901, Ch. 53. it t it t it 350. L. 1901, Ch. 68. it t it t t( 159. L. 1901, Ch. 155. (t t a i if 43. 224 The Village Laws of New Yoek L. 1901, Ch. 509. Section 1 amended to read as follows by L. 1906, Ch. 404, sec. 2. Balance of act disposed of in Town Law. L. 1901, Ch. 593. Consolidated in Village Law, sec. 89, subd. 24. L. 1901, Ch. 624. L. 1902, Ch. 520. L. 1902, Ch. 591. X. 1903, Ch. 131. L. 1903, Ch. 139. " 171-174. " " " " " 352. " " " " " 230. " " " " " 224. Sections 1, 2 amended to read as follows by L. 1904, Ch. 35, sees. 2, 3. Section 3 consolidated in Village Law, sec. 6. Section 4 states when act shall take effect. L. 1903, Ch. 606. Consolidated in Village Law, sec. 349. L. 1904, Ch. 34. " " " " " 120. L. 1904, Ch. 35. " " " " " 2, 3, 5. L. 1904, Ch. 100. Section 1 consolidated in Village Law, sec. 51. Sec. 2, part amending L. 1897, Ch. 414, sec. 55, amended to read as follows by L. 1904, Ch. 231, sec. 1. Balance of sec. 2 consolidated in Village Law, sec. 55. Section 3 states when act shall take effect. L. 1904, Ch. 101. Consolidated in Village Law, sec. 133. L. 1904, Ch. 122. L. 1904, Ch. 193. L. 1904, Ch. 497. L. 1904, Ch. 645. L. 1904, Ch. 680. L. 1905, Ch. 66. L. 1905, Ch. 98. L. 1905, Ch. 220. L. 1905, Ch. 259. L. 1905, Ch. 290. L. 1905, Ch. 300. L. 1905, Ch. 404. L. 1905, Ch. 498. L. 1905, Ch. 500. 162. 89, subd. 15, sec. 128. 165. 206. 130. 64. 161. 202. 305. 46, 52. 104. 25. 103. 89, subd. 25 L. 1906, Ch. 34. Section 1, part adding sec. 339-g to L. 1897, Ch. 414, amended to read as follows by L. 1907, Ch. 38, sec. 1. Balance of section consolidated in Village Law, sees. 310-315, 317-321. Section 2 states when act shall take effect. L. 1906, Ch. 57. Consolidated in Village Law, sec. 56. L. 1906, Ch. 278. { tt tt " 260. L. 1906, Ch. 397. C tt ft " 83. L. 1906, Ch. 404. t tc tt " 12, 41. L. 1906, Ch. 452. ( ft t( a 42 L. 1906, Ch. 577. t et tt " 90, subd. 9. L. 1906, Ch. 602. Section 1 is a repealing section. Section 2 consolidated in Village Law, sec. 40. Section 3 states when act shall take effect. L. 1907, Ch. 38. Consolidated in Village Law, sec. 316. L. 1907, Ch. 44. " L. 1907, Ch. 59. L. 1907, Ch. 82. L. 1907, Ch. 93. L. 1907, Ch. 158. L. 1907, Ch. 471. X. 1907, Ch. 607. « t ' 166. tt t ' 128, subd. 12 tt t * 48. " t ' 170. tt tt t t * 105. ' 189, 190. ' 21, 348. The Village Laws oe New Yoek 225 REPORT OF COMMISSIONERS OF STATUTORY REVISION IN RELA- TION TO VILLAGES. (Submitted Feb. 22, 1897.) To the Legislature: The Statutory Revision Commission, in connection with the proposed re- vision of the village laws, deemed it important to obtain, if possible, an accurate list of the villages of the State, showing the dates of their in- corporation, under what laws incorporated, namely, whether undei special act, the general act of 1847, or under the general act of 1870, and also their estimated population. While the proposed revision embraces, nominally, the general act of 1870, and subsequent general laws, we have included in the scheme all villages incorporated under the general law of 1847, which, by the terms of the new law, will become subject to its provisions. We find that a Iatge number of villages, incorporated under special law and also under the general law of 1847, have reincorporated under the general law of 1870. We have used all available means to make this list accurate in all respects. The population stated in the accompanying table is only an estimate, furnished, in most cases, by an officer of the village. In some instances the population is stated according to the Federal census of 1890. There seems never to have been a separate enumeration of the population of villages under a State census. The pending bill provides for an enumeration in each village in January, 1898, and in the same month in every fourth year thereafter, so that if this bill becomes a law, the popu- lation of villages can thereafter be readily ascertained. This suggestion is made principally in view of the classification of villages proposed by the bill, based upon population, and this classification cannot be complete until after the first enumeration. The pending bill also provides that hereafter a record shall be kept in the office of the Secretary of State of villages in- -«oporated, extended or dissolved. The annexed list of villages is divided into three classes, showing, first, villages now under the law of 1870, which includes not only those incorporated under that law, but also villages incorporated under any other law which have become subject to its provisions; second, villages incorporated and now governed by special law; and, third, villages now under the general law of 1847. List of incorporated villages in the State, prepared by the Statutory Re- vision Commission, February, 1897: I.— LIST OF VILLAGES UNDER GENERAL ACT OF 1870. Village County. Adams Jefferson Af ton Chenango Akron Erie Alden Erie Alexandria Bay Jefferson 1,300 Alfred Allegany Altamont Albany Altmar Oswego Estimated population. When Incorpo- rated. 1,400 1851 800 1891 1,800 1850 600 1869 1,300 1878 800 1887 800 1890 670 1876 226 The Village Laws of New Yoek When Estimated iucorpo- Village. bounty. population, rated. Amityville Suffolk 2,000 1894 Andes Delaware 450 1863 Andover Allegany 1,000 189a Angola Erie 750 187a Arcade Wyoming 1,000 1871 Ardsley Westchester 350 1896 Arverne Queens 2,000 1895 Athens Greene 2,000 1805- Avoca Steuben 1,200 1883 Babylon Suffolk 2,500 1894 Ballston Spa Saratoga 5,000 1855 Belleville Jefferson 375 1860 Belmont Allegany 1,200 1873 Bergen Genesee 700 1877 Black River Jefferson 1,000 1891 Bolivar Allegany 1,150 188? Boonville Oneida 1,800 1855- Brewster Putnam 1,150 1894 Bridgewater Oneida 400 1825 Brighton Monroe 70J 1885 Brockport Monroe 3,700 182* Brocton Chautauqua 1,000 1894 Caledonia Livingston 1,000 1891 Camillus Onondaga 600 1852: Canajoharie Montgomery 3,000 1829- Canaseraga Allegany 700 1892 Canastota Madison 2,800 1850- Canisteo Steuben 2,400 1873 Cape Vincent Jefferson 1,600 1871 Castile Wyoming 1,100 187r Cattaraugus Cattaraugus 1,400 1882 Castleton Rensselaer 1,500 1827" Cato Cayuga 500 1880* Cazenovia Madison 2,000 lSVy Celoron Chautauqua 500 189S Central Square Oswego 550 1889> Champlain Clinton 1,400 1873 Charlotte Monroe 900 1869- Chaumont Jefferson 800 1874 Chittenango Madison 800 1842 Cherry Creek Chautauqua 800 1893 Chester Orange 1,600 1893 Clayville Oneida 1,000 1881 Clayton Jefferson 2,000 1872. Cohocton Steuben 1,100 1891 Cold Spring Putnam 2,500 1846. Constableville Lewis 550 1885 Copenhagen Lewis 800 1869 Corinth Saratoga 3,000 1885 The Village Laws of New Yoek 227 "When Estimated incorpo- Village, County. population, rated. Cornwall Orange 2,500 1884 €oxsackie Greene 2,800 1867 Cuba Allegany 1,300 1870 Depew Erie 3,000 1894 De Ruyter Madison 800 1833 Dobbs Ferry Westchester 2,800 1873 Dolgeville Herkimer 2,500 1891 Dresden Yates 300 1867 Dundee Yates 1,450 1847 Earlville Chenango and Madison 1,000 1887 East Aurora Erie 2,000 1849 East Randolph Cattaraugus 900 1886 East Syracuse Onondaga 3,150 1881 Eastwood Onondaga 475 1894 Elba Genesee 500 1884 Elizabethtown Essex 600 1875 Ellicottville Cattaraugus 900 1837 Ellisburg Jefferson 300 1895 Elmira Heights Chemung 2,500 1896 Elwood Onondaga 1,000 1891 Fabius Onondaga 425 1880 Fairhaven Cayuga 800 1880 Falconer Chautauqua 1,000 1891 Farnham Erie 325 1893 Far Rockaway Queens 2,800 1889 Fayetteville Onondaga 1,500 1840 Fishkill Landing Dutchess 5,000 1864 Fonda Montgomery 1,200 1850 Fort Ann Washington 450 1820 Fort Covington Franklin 1,200 1889 Fort Edward Washington 5,000 1847 Fort Plain Montgomery 3,000 1878 Frankfort H«rkimer 3,000 1863 Franklin Delaware 800 1836 Franklinville Cattaraugus 1,300 1874 Freeport Queens 2,500 1892 Freeville Tompkins 300 1887 Fultonville Montgomery 1,100 1886 Gilbertsville Otsego 500 1896 Glens Falls Warren 13,000 1839 Goshen Orange 3,000 1870 Gowanda Cattaraugus and Erie 2,200 1850 Granville Washington 3,500 1885 Greene Chenango 1,200 1842 Greeneport Suffolk 3,200 1894 Greenwich Washington 2,500 1803 Groton Tompkins 2,000 1860 Hagamans Montgomery 750 1S92 Hamburg Brie 1,800 1874 228 The Village Laws oe New Yobk: When Estimated incorpor Village. County. population, rated. Hammondsport , Steuben 1,200 1856 Hancock Delaware 1,500 188* Hannibal Oswego ' 550 1860 Harrisville Lewis 750 1892- Hastings-on-Hudson Westchester 1,800 1879 Haverstraw Rockland 5,000 1854 Hempstead Queens 5,000 1853 Henderson Jefferson 430 1886 Herkimer Herkimer 5,000 1807 Hermon St. Lawrence 500 1877 Hillburn Rockland 950 1893 Hilton Monroe 600 1885 Hobart Delaware 800 1888- Holley Orleans 1,500 1867 Holland Patent Oneida 500 1885 Hunter Greene 450 1894 Irvington Westchester 2,500 1872 Keeseville '. Clinton and Essex 2,200 1878 Lacona Oswego 300 1880 Lakewood Chautauqua 600 1893- Larchmont Westchester 1,500 1891 Lestcrshire Broome 2,000 1892 Liberty Sullivan 1,200 1870- Limestone Cattaraugus 900 1877 Little Valley Cattaraugus 1,200 1876- Liverpool Onondaga 1,300 1830 Livonia Livingston .: 1,000 1882. Lowville : Lewis 3,500 1854 Macedon Wayne 600 1857 Madison Madison 350 1816 Mamaroneck Westchester 3,500 1895 Mannsville Jefferson 400 1879- Manchester Ontario 800 1892 Manlius Onondaga 1 loo 1842 Margaretville Delaware 850 1875- Marathon Cortland 1,200 1861 Marcellus Onondaga gOo 1846- Massena St. Lawrence 1 200 1887 Matteawan Dutchess 6 000 1886- Mayfield Fulton 700 1896- Meridan Cayuga ioo 1854 Mexico Oswego lj350 1851 Middleburgh Schoharie \ 200 1881 Middleville Herkimer @50 1890- Middleport Niagara 1 400 1859 Millbrook Dutchess 800 1895 Millford Otsego 900 1890- Millerton Dutchess 1 100 1875 Monroe Orange ' 90 o 1894 The Village Laws of New Yoke: 229' When Estimated incorpo* Village. County. population, rated. Morris Otsego 600 1870 Morristown St. Lawrence 475 1884 Morrisville Madison 750 1848. Mount Kisco Westchester 1,500 1875 Naples Ontario 1,200 1894 Nelliston Montgomery 800 1878 Uewfleld Tompkins 350 1895- New Paltz Ulster 1,000 1887 Newark Valley Tioga 850 1894 Newport Herkimer 900 1857 North Olean Cattaraugus 1,500 1894 North Pelham Westchester 800 189ft Northport Suffolk 2,500 1894 North Tarrytown Westchester 4,000 1874 North Tonawanda Niagara 10,000 1874 Northville Fulton 1,100 1873 Norwood St. Lawrence 1,600 1871 Nyack Rockland 4,500 1883 Oakfield Genesee 650 1858 Oneida Castle Oneida 320 1841 Oriskany Falls Oneida 1,000 1890 Ovid Seneca 700 1852 Oxford Chenango 1,600 1808 Painted Post Steuben 900 1893 Parish Oswftgo 550 1883 Patchogue Suffolk 3,500 1893- Pawling Dutchess 800 1893 Pelham Manor Westchester 450 1891 Phelps Ontario 1,400 1855 Philadelphia Jefferson 1,200 1872 Philmont Columbia 2,000 1882 Piermont Rockland 1,200 1847 Pike Wyoming 600 1848 Pine Hill Ulster 600 1895 Poland Herkimer 450 1890 Port Dickinson Broome 500 1876 Port Henry Essex 2,500 1869 Port Leyden Lewis 850 1870 Portville Cattaraugus 800 1S95 Potsdam St. Lawrence 4,000 1831 Prattsburgh Steuben 700 1848 Prattsville Greene 600 1883 Prospect Oneida 350 1890 Pulaski Oswego 1,800 1858 Randolph Cattaraugus 1,300 1867 Red Hook Dutchess : 1,000 1894 Remsen Oneida 500 1845 Richburg Allegany 500 1881 Richmond Hill Queens 2,700 1894 230 The Village Laws of 2vew Yoek When Estimated incorpo- Village. County. population, rated. Riehmondville Schoharie 800 1881 Kichville St. Lawrence 500 1880 Rockton Montgomery 900 1892 Iiockville Center Queens 2,000 1876 Rosendale Ulster 1,600 1890 House's Point Clinton 1,800 1877 Roxbury Delaware 500 1888 Rushville Ontario and Yates 500 1866 Salamanca Cattaraugus 5,000 1879 Sandy Creek Oswego '. 1,200 1878 Sandy Hill Washington 3,600 1810 Saranae Lake Franklin 1,800 1892 Savona Steuben 700 1882 Schenevus Otsego 700 1870 Schoharie Schoharie 1,000 1867 Schuylerville Saratoga 1,700 1831 Sea Cliff Queens 1,500 1883 Sharon Springs Schoharie 600 1871 Sherburne Chenango 925 1830 Sherman Chautauqua 1,000 1890 Shortsville Ontario 1,000 1889 Sidney Delaware 2,500 1888 Silver Springs Wyoming 700 1894 Silver Creek Chautauqua 2,000 1856 Sinclairville Chautauqua 700 1887 Skaneateles Onondaga 1,600 1833 Solvay Onondaga 3,500 1894 Southampton Suffolk 1,500 1894 South Glens Falls Saratoga 1,700 1895 South Nyack Rockland 1,200 1878 Spencer Tioga 900 1886 Spencerport Monroe 800 1884 Springville Erie 2,200 1834 St. Johnville Montgomery 2,000 1868 Suffern Rockland L.350 1896 Tannersville Greene 350 1895 Tarrytown Westchester 3,600 1870 Theresa Jefferson 1.200 1871 Ticonderoga Essex 3,000 1889 Tivoli Dutchess 1,400 1872 Tonawanda Erie and Niagara 9,000 3J853 Tottenville Richmond 2 500 1894 Trumansburg Tompkins 1,300 1872 Tully Onondaga 600 1876 Turin Lewis 450 1872 Unadilla Otsego 1,300 1889 Union Broome 800 1871 Unionville Orange 500 1871 Upper Nyack Rockland 550 1372 The .Village Laws of New Yoke: 231 When Estimated incorpo* V'llage. County. population. rated. "Valatie Columbia 1,350 1850 Van Ettenville Chemung 450 1876 Vernon Oneida 350 1827 Victor Ontario 800 1879 Victory Saratoga 650 1848 Walton Delaware 3,500 1851 Wappingers Falls Dutchess 4,300 1871 Washingtonville Orange 735 1895 Waterville Oneida 1,700 1871 Waverly Tioga 5,000 1854 Wayland Steuben 1,000 1877 Wellsburg Chemung 600 1872 Wellsville Allegany 4,000 1858 West Haverstraw Rockland 2,000 1883 West Salamanca Cattaraugus 500 1884 Windsor Broome 800 1897 Whitney's Point Broome 1,000 1871 Wolcott Wayne 1,200 1873 Wurtaboro Sullivan 450 1866 Youngstown Niagara „ . 350 1854 II.— VILLAGES UNDER SPECIAL ACT. Addison Steuben 2,500 1873 Albion Orleans 5",000 1828 Alexander Genesee 400 1834 Angelica Allegany 1,000 1835 -Argyie Washington 250 1838 Athens Greene 2,000 1805 Attica Wyoming 1,900 1837 A?on . . „ , Livingston 1,800 1867 Batavia Genesee 7,000 1823 Bath Steuben 3,300 1816 Bath-on-Hudson Rensselaer 3,500 1874 Bainbridge Chenango 1,200 1829 Brownville Jefferson 800 1828 Cambridge Washington 1,800 1866 Camden Oneida 2,300 1834 Canandaigua Ontario 6,100 1815 Canton St. Lawrence 2,500 l84t> Carthage Jefferson 2,900 1841 Catskill Greene 5,000 1806 Chateaugay Franklin 1,100 1869 Chatham Columbia 2,000 1870 Cherry Valley Otsego 800 1812 Churchville Monroe 1,000 1867 Clifton Springs Ontario 1,500 1859 Clinton Oneida 1,200 1842 Cleveland Oswego 800 1857 Oyde Wayne 3,000 1835 232 The Village Laws of New Yobk When Estimated incorpor Village. County. population, rated. Cobleskill Schoharie 2,400 186& Cooperstown Otsego 2,800 1807 College Point Queens 7,000 1867 Cortland Cortland 9,000 1864 Corfu Genesee 500 186» Dansville Livingston 3,800 1845 Delhi Delaware 2,200 1821 Deposit Broome and Delaware 2,500 1811 Dryden Tompkins 800 1857 Edgewater Richmond 16,000 1866 Esperance Schoharie 350 1818 Fairport Monroe 3,100 1867 Flushing Queens 10,000 1857 DTedonia Chautauqua 3,900 1829 Fulton Oswego 5,000 1835 Galway Saratoga 200 1835 Geneseo Livingston 2,300 1832 Geneva Ontario 11,000 1812 Gouverneur St. Lawrence 4,000 1868 Greenbush Rensselaer 8,000 1815 Green Island Albany Hamilton Madison 2,000 1868 Homer Cortland 4,500 1835 Honeoye Falls Monroe 1,300 1838 Hoosick Falls Rensselaer 7,000 1827 Horseheads Chemung 3,000 1832 Ilion Herkimer 5,000 1852 Jamaica Queens 7,000 1814 Jordan Onondaga 1,500 1S35 Kinderhook Columbia 1,000 1839 Lancaster Erie 3,500 1852 Lansingburgh Rensselaer 13,500 1798 Lewiston Niagara 800 1822 Laurens Otsego 300 1834 LeRoy Genesee 2,743 1834 Lima Livingston 1,000 1867 Lyons Wayne 5,000 1831 Mayville Chautauqua 1,200 1867 MeGrawville Cortland 1,000 1869 Mechanicville Saratoga 4,500 1870 Medina Orleans 4,900 1832 Mohawk Herkimer 2,000 1844 Montgomery Orange 1,150 1810- Monticello Sullivan 1,100 1830 Montour Falls Schuyler 1,500 1868 Mount Morris Livingston 2,500 1835 Moravia Cayuga 1,400 185£ Nassau Rensselaer 500 1866 New Berlin Chenango 1,400 181S The Village Laws of New Yoke 233 When Estimated fncorpo- Village County. population, rated. "New Brighton Richmond 20,000 1866 New Rochelle Westchester 13,000 1858 Newark Wayne 4,500 1839 Norwich Chenango 6,500 1857 Nunda Livingston l,20u 1839 Oneida Madison 7,000 1849 Oneonta Otsego 8,500 1870 Owego Tioga 6,000 1827 Palatine Bridge Montgomery 400 1867 Palmyra Wayne 2,300 1828 Panama Chautauqua 600 1861 Peekskill Westchester 12,000 1826 Penn Yan Yates 5,000 1810 Perry Wyoming 2,000 1830 Phoenix Oswego 1,500 1848 Pittsford Monroe 1,000 1827 Plattsburgh Clinton 9,000 1815 Port Byron Cayuga 1,200 1837 Port Chester Westchester 7,500 1868 Port Jervis Orange 10,000 1853 Port Richmond Richmond 8,000 1866 Richfield Springs Otsego 1,700 1861 Rhinebeck Dutchess 1,600 1867 Sacketts Harbor Jefferson 1,000 1821 Sag Harbor Suffolk 3,500 1803 Salem Washington 1,300 1803 Saratoga Springs Saratoga 13,000 1866 Saugerties Ulster 4,000 1831 Savannah Wayne '. 600 1867 Schaghticoke Rensse'aer 1,350 1867 Seneca Falls Seneca 7,000 1831 Sing Sing Westchester 8,500 1804 Stamford Delaware 1,000 1870 Stillwater Saratoga 1,000 1816 Trenton Oneida 500 1864 Waddington St. Lawrence 1,000 1839 Walden Orange 2,300 1870 Waterford Saratoga 3,200 1794 Waterloo Seneca 4,500 1807 Watkins Schuyler , 3,500 1842 Warsaw Wyoming 3,000 1843 Warwick Orange 1,800 1867 Weedsport Cayuga 2,000 1831 Westfield Chautauqua 4,000 1833 Williamsville Erie 1,000 18G9 Whitestone Queens 4,000 1SG9 Whitehall Washington 5,000 1806 Whitesboro Oneida 1,800 1813 White Plains Westchester 8,000 1866 234 The Village Laws of JNTew Yoke: III.— VILLAGES UNDER GENERAL ACT OF 1847. When Estimated incorpo- Village. County. population, rated. Antwerp Jefferson 1,000 1854 Baldwinsville Onondaga 4,000 1847 Cayuga Cayuga 525 1857 Dexter Jefferson 1,000 1855 Elbridge Onondaga 700 1848 Ellenville Ulster 3,500 185G Forestville Chautauqua 828 1S48 Lisle Broome 500 1866 Malone Franklin 5,300 1853 Nelsonville Putnam 500 1853 New Hartford Oneida 1,000 1870 Oswego Falls Oswego 1,600 1853 Red Creek Wayne 550 1852 Smyrna Chenango 350 1829 Union Springs Cayuga 1,000 1848 Wilson Niagara 600 1858 According to this list there are now 273 villages under the general law of 1870, 124 under special charters and 16 under the general law of 1847, making in all, 413. The total estimated population of general villages is 446,058, and of special villages, 458,143, making a total population of 904,201. The largest village is New Brighton, with a population of 20,000, and the smallest is Galway, with a population of 200. According to the list the oldest village in the State is Waterford, incorporated in 1794. We note a tendency among villages incorporated by special law to reincorporate under the general law of 1870, and that tendency will, perhaps, be increased if the pending bill becomes a law. According to the estimate of the population furnished to the commission there will be, under the pending bill, 46 villages of the first class, 46 of the second class, 179 of the third class and 142 of the fourth class; but this classification will, doubtless, be materially changed as a result of the enumeration to be taken in January, 1898. All of which is respectfully submitted. Dated, Albany, February 22, 1897. CHARLES Z. LINCOLN. WILLIAM H. JOHNSON, A. JUDD NORTHRUP, Commissioners of Statutory Revision. The list of Incorporated villages of the State, prepared by the Secretary of State in 1909 includes the following villages incorporated under the Vil- lage Law: When Estimated incorpo- Village. County. population, rated Akin Montgomery 530 1909 Allegany Cattaraugus 1,330 1905 Barker Niagara 404 1908 The Village Laws of New Yoke 235 When Estimated incorpo- Village. County. population, rated. Belfast Allegany 804 1905 Blasdell Erie 702 1898 Bloomingdale Essex 1,372 1905 Briar Cliff Manor Westchester 417 1902 Bronxville Westchester 994 1898 Burdett Schuyler 378 1898 Candor Tioga 802 1900 Cold Brook Herkimer 318 1903 Croghan Lewis 608 190ft Croton-on-Hudson Westchester 1,599 1898. Dannemora Clinton 633 1901 East Rochester Monroe 200 190G. East Rockaway Nassau 877 1900 Endicott Broome 1,317 1906. Farmingdale Nassau 1,234 1904 Fishkill Dutchess 579 1899' Moral Park Nassau 901 1908 Forestport Oneida 689 1903 Friendship Allegany 1,259 1898. Gainsville Wyoming 309 1902 Grandview-on-Hudson Rockland 356 1900- Hammond St. Lawrence 385 1901 Highland Falls Orange 2,992 1906; *Interlaken Seneca '. 717 1904 Kenmore Erie 506 1899 Lake George Warren 644 1903 Lake Placid Essex 1,514 1900 La Salle Niagara 1,023 1897 Lawrence Nassau 1,500 1897 Lydonville Orleans 512 1903 Lyons Falls Lewis 709 1899 Marlboro Ulster 776 190S Mineola Nassau 1,240 19Cf> Mooers Clinton 537 1890 Moscow Livingston 252 1907 Nichols Tioga 452 1903 Odessa Schuyler 354 1903 Old Forge Herkimer 200 1903 Pleasant Valley Dutchess 429 1903 Pleasantville Westchester 1,585 1897 Rifton Ulster 581 1901 Rye Westchester 4,076 1904 Scotia Schenectady 2,166 1904 Sherman Park ." Westchester 288 1906 Spring Valley Rockland 2,583 1902 Tuckahoe Westchester 1,580 1902 Tupper Lake Franklin ,.. 2,769 1902 Valley Falls Rensselaer 888 1904 *Formerly Farmer. 236 The Village Laws of New Yobk When Estimated incorpo- Village. County. population, rated. Voorheesville Albany 479 1899 Wampsville Madison 206 1907 Webster Monroe 850 1905 Westport Essex 659 1907 West Winfield Herkimer 749 1898 Woodhull .;.. Steuben 342 1899 YorkviUe Oneida 524 1902 PART II The Village Laws of New Yoek 237 PART II. MISCELLANEOUS LAWS AFFECTING VILLAGES. I. General Construction Law, an act to prescribe rules for construction of Consolidated Laws. II. General Municipal Law. III. Public Officers Law. IV. Transportation Corporation Law. V. Town Law. VI. County Law. VII. Public Health Law. VIII. Election Law. IX. Education Law. X. Highway Law. XI. Tax Law. XII. Penal Law. XIII. Miscellaneous Laws. 1. Civil Service Law. 2. Decedent Estate Law. 3. Drainage Law. 4. General Business Law. 5. General Corporation Law. 6. Insurance Law. 7. Judiciary Law. 8. Labor Law. 9. Liquor Law. 10. Membership Corporation Law. 11. Military Law. 12. Personal Property Law. 13. Public Building Law. 14. Public Service Commissions Law. 15. Railroad Law. 16. Eeal Property Law. 17. State Board and Commissions Law. I. GENERAL CONSTRUCTION LAW. (Chapter 22 of the Consolidated Laws.) Act to Prescribe Rules for Construction of Consolidated Laws (L. 1909, ch. 596.) GENERAL CONSTRUCTION LAW. (L. 1909, ch. 27.) Article 1. Short title (§1). 2. Meaning of terms (§§ 10-58). 3. Ancient statutes and resolutions (§§ 70-72). £38 The Village Laws of Xew Yoke: 4. References, title and head notes (§§ 80, 81). 5. Effect of repeals (§§ 90-96). 6. Effect of consolidated laws (§§ 100, 101). 7. Application of chapter (§ 110). 8. Laws repealed; when to take effect (§§ 120, 121). ARTICLE i. Short Title. .Section 1. Short title. 5 i. Short title. This chapter shall be known as the "General Construction Lair." ARTICLE ■*. Meaning of Terms. Section 10. Acknowledge and acknowledgment. 11. Acknowledgment or proof of instrument. 12. Affidavit. 13. Adjournment of meeting. 14. Bond and undertaking. 15. Chattels. 16. Choose. 17. Civil code and criminal code. 18. Consolidated laws. 19. Day, calendar. , 20. Day, computation. 21. Folio. 22. Gender. 23. Heretofore and hereafter. 24. Holiday and half holiday. 25. Holiday in contractual obligations. 26. Judge. 27. Last, preceding, next and following. 28. Lunatic and lunacy. 29. Hen. 30. Month, computation. 31. Month in statute, contract and public or private instrument. 32. Municipal officers. 33. Notice. 34. Now. 35. Number, singular and plural. 36. Oath, affidavit and swear. 37. Person. 38. Property. 39. Property, personal. 40. Property, real. 41. Quorum and majority. 42. Register of county. 43. Seal of court, public officer or corporation. The Village Laws of New Yoek 23£ 44. Seal, private. 45. Seal, private as corporate seal. 46. Signature. 47. State. 48. Tense, present. 49. Territory. 50. Time, computation. 51. Time, night. 52. Time, standard. 53. Time, use of standard. 54. Village. 55. Women. 56. Writing and written. 57. Year, common and leap. 58. Year in statute, contract and public or private instrument. 1 io. Acknowledge and acknowledgment. The terms acknowledge and acknowledgment, when used with reference to the execution of an instrument or writing other than a deed of real property, include a compliance with the provisions of the next section by either such proof or acknowledgment. i ii. Acknowledgment or proof of instrument. When the execution of any instrument or writing is authorized or required by law to be acknowledged, or to be proven so as to entitle it to be filed or recorded in a public office, the acknowledgment may be taken or the proof made before any officer then and there authorized to take the acknowledgment or proof of the execution of a deed of real property to entitle it to be recorded in a county clerk's office, and shall be made and certified in the same manner at such acknowledgment or proof of such deed. 5 i2. Affidavit. When an affidavit is authorized or required it may be sworn to before any officer authorized by law to take the acknowledgment of deeds in this state, unless a particular officer is specified before whom it is to be taken. § 13. Adjournment of meeting. Any meeting referred to in section forty-one of this chapter may be ad- journed by a less number than a quorum. § 14. Bond and undertaking. A provision of law authorizing or requiring a bond to be given shall be deemed to have been complied with by the execution of an undertaking to> the same effect. § 15. Chattels. The term chattels includes goods and chattels. § 16. Choose. The term choose includes elect and appoint. 240 The Village Laws of New Yoek § 17. Civil code and criminal code. The term civil code means the code of civil procedure. The term criminal code means the code of criminal procedure. § iS. Consolidated Laws. The term Consolidated Laws shall mean the compilation of the statutes prepared by the board of statutory consolidation and the amendments thereof. § ig. Day, calendar. A calendar day includes the time from midnight to midnight. Sunday or any day of the week specifically mentioned means a calendar day. § 20. Day, computation. A number of days specified as a period from a certain day within which, or after or before which an act is authorized or required to be done means such number of calendar days exclusive of the calendar day from which the reckoning is made. Sunday or a public holiday, other than a half holiday, must be excluded from the reckoning if it is the last day of any such period, or if it is an intervening day of any such period of two days. In computing any specified period of time from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The- day from which any specified period of time is reckoned shall be excluded in. making the reckoning. Amended by L. 1910, ch. 347, in effect May 21, 1910. § 21. Folio. A folio is one hundred words, counting as a word each figure necessarily used. § 22. Gender. Words of the masculine gender include the feminine and the neuter, and. may refer to a corporation, or to a board or other body or assemblage of persons; and, when the sense so indicates, words of the neuter gender may refer to any gender. § 23. Heretofore and hereafter. Each of the terms, heretofore, and hereafter, in any provision of a statute, relates to the time such provision takes effect. § 24. Holiday and half holiday. The term holiday includes the following days in each year: The first day of January, known as New Year's day; the twelfth day of February, known as Lincoln's birthday; the twenty- second day of February, known as Washing- ton's birthday; the thirtieth day of May, known as Memorial day; the fourth day of July, known as Independence day; the first Monday of September, known as Labor day; the twelfth day of October, known as Columbus day; and the twenty-fifth day of December, known as Christmas day, and if either of such days is Sunday, the next day thereafter; each general election day and each day appointed by the president of the United States, or by the governor of this state as a day of general thanksgiving, general fasting and' The Village Laws of New Yoke 241 prayer, or other general religious observances. The term half holiday includes the period from noon to midnight of each Saturday which is not a holiday. Amended by L. 1909, ch. 112. § 25. Holiday in contractual obligations. Where a contract by its terms requires the payment of money or the per- formance of a condition on a public holiday, such payment may be made or ■condition performed on the next business day succeeding such holiday, with the same force and effect as if made or performed in accordance with the terms of the contract. § 26. Judge. The term judge includes every judicial officer authorized, alone or with others, to hold or preside over a court of record. § 27. Last, preceding, next and following. A reference to the last or preceding section, or other provision of a statute, means the section or other division immediately preceding, and a reference to the next or following section or other division of a statute means the section or other division immediately following. § 28. Lunatic and lunacy. The terms lunatic and lunacy include every kind of unsoundness of mind except idiocy. § 29. Men. The term men includes boys. § 30. Month, computation. A number of months after or before a, certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the month in the last month so counted having the same numerical order in days of the month as the day from which the computation is made, unless there be not so many days in the last month so counted, in which case the period com- puted shall expire with the last day of the month so counted. § 31. Month in statute, contract and public or private instrument. In a statute, contract or public or private instrument, unless otherwise provided in such contract or instrument or by law, the term month means a calendar month and not a lunar month. § 32. Municipal officers. A reference to several officers of a municipal corporation holding the same office, or to a board of such officers, shall be deemed to refer to the single officer holding such office, when but one person is chosen to fill such office in pursuance of law. 3 33. Notice. When a notice is required to be given to a board or body, service of such notice upon the clerk or chairman thereof shall be sufficient. 242 The Village Laws of New Yoek S 34- Now. The term now in any provision of a statute referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the person in office, or to the facts or circumstances existing, respectively, immediately before the taking effect of such provision. § 35. Number, singular and plural. Words in the singular number include the plural, and in the plural number include the singular. § 36. Oath, affidavit and swear. The terms oath and affidavit include every mode authorized by law of attesting the truth of that which is stated. The term swear includes every mode authorized by law for administering an oath. § 37. Person. The term person includes a corporation and a joint-stock association.- When used to designate a party whose property may be the subject of any offense, the term person also includes the state, or any other state, govern- ment or country which may lawfully own property in the state. § 38. Property. The term property includes real and personal property. § 39. Property, personal. The term personal property includes chattels, money, things in action, and all written instruments themselves, as distinguished from the rights or in- terests to which they relate, by which any right, interest, lien or incumbrance in, to or upon property, or any debt or financial obligation is created ac- knowledged, evidenced, transferred, discharged or defeated, wholly or in part, and everything, except real property, which may be the subject of ownership. Oil wells and all fixtures connected therewith, situate on lands leased for- oil purposes and oil interests, and rights held under and by virtue of any lease or contract or other right or license to operate for or produce petroleum oil, shall be deemed personal property for all purposes except taxation. § 40. Property, real. The term real property includes real estate, lands, tenements and heredita- ments, corporeal and incorporeal. § 41. Quorum and majority. Whenever three or more public officers are given any power or authority, or three or more persons are charged with any public duty to be performed or exercised by them jointly or as a board or similar body, a majority of all such persons or officers at a meeting duly held at a time fixed by law, or by any by-law duly adopted by such board or body, or at any duly adjourned meeting of such meeting, or at any meeting duly held upon reasonable notice to all of them, may perform and exercise such power, authority or duty, and if one or more of such persons or officers shall have died or have become mentally incapable of acting, or shall refuse or neglect to attend any such- The Village Laws of New Yoek 24$ meeting, a majority of the whole number of such persons or officers shall be- a quorum of such board or body, and a majority of a quorum, if not less than a majority of the whole number of such persons or officers may perform and exercise any such power, authority or duty. 5 42. Register of county. Any act done in pursuance of law by the register of a, county shall be- deemed to be a compliance with any provision of law authorizing or requir- ing such act to be done by the county clerk of such county, and any instru- ment or writing filed, entered or recorded in pursuance of law in the office of a register of a county, shall be deemed to be a compliance with any pro- vision of law authorizing or requiring such paper to be filed, entered or re- corded, as the case may be, in the office of the clerk of such county. The term county clerk when used in relation to conveyances of real property or the filing or recording of instruments which are or may be filed in the- office of the register of a county, shall include the register of each county in which there is a register. § 43. Seal of court, public officer or corporation. A seal of a court, public officer or corporation may be impressed directly upon the instrument or writing to be sealed, or upon wafer, wax or other adhesive substance affixed thereto, or upon paper, or other similar substance affixed thereto by mucilage or other adhesive substance. § 44. Seal, private. The private seal of a person, other than a corporation, to any instrument or writing shall consist of a wafer, wax or other similar adhesive substance- affixed thereto, or of paper or other similar substance affixed thereto, by mucilage or other adhesive substance, or of the word " seal," or the letters. " L. S.," opposite the signature. § 45. Seal, private as corporate seal. An instrument or writing duly executed, in the corporate name of a corpo- ration, which shall not have adopted a corporate seal, by the proper officers of the corporation under their private seals, shall be deemed to have been exe- cuted under the corporate seal. § 46. Signature. The term signature includes any memorandum, mark or sign, written or placed upon any instrument or writing with intent to execute or authenticate- such instrument or writing. § 47. State The term state, when used generally to include every state of the United States, includes also every territory of the United States and the District of Columbia. 5 48. Tense, present. Words in the present tense include the future. .244 The Village Laws of Sew Yobk ii 49. Territory. The term territory when used generally to include every territory of the "United States, includes also the District of Columbia. § 50. Time, computation. Time shall continue to be computed in this state according to the Gregorian or new style. The first day of each year after the year seventeen hundred and fifty-two is the first day of January, according to such style. § 51. Time, night. Night time includes the time from sunset to sunrise. § 52. Time, standard. The standard time throughout this state is that of the seventy-fifth meri- dian of longitude west from Greenwich, and all courts and public officers, and legal and official proceedings, shall be regulated thereby. § 53. Time, use of standard. Any act required by or in pursuance of law to be performed at or within a prescribed time, shall be performed according to the standard time. § 54. Village. The term village means an incorporated village. § 55. Women. The term women includes girls. § 56. Writing and written. The terms writing and written include every legible representation of letters upon a material substance, except when applied to the signature of an instrument. § 57. Year, common and leap. For the purpose of computing and reckoning the days of the year in the same regular course in the future, every year, the number of which in the Christian era is a multiple of four, is a bissextile or leap year consisting of three hundred and sixty-six days, unless such number of the year is a mul- tiple of one hundred and the first two figures thereof treated as a separate number is not a multiple of four, and every year which is not a leap year is a common year consisting of three hundred and sixty-five days. § 58. Year in statute, contract and public or private instrument. The term year in a statute, contract or any public or private instrument, means three hundred and sixty-five days, but the added day of a leap year and the day immediately preceding shall for the purpose of such computation he counted as one day. In a statute, contract or public or private instru- ment, the term year means twelve months, the term half year, six months, and the term a quarter of a year, three months. The Village Laws of New Yoek 245 ARTICLE 3. Ancient Statutes and Resolutions. Section 70. Statutes of England and Great Britain inoperative in this state. 71. Acts of the legislature of the colony of New York inoperative. 72. Resolutions of the congress of the colony and the convention of New York inoperative. 5 70. Statutes of England and Great Britain inoperative in this state. A statute of England or Great Britain shall not be deemed to have had any force or effect in this state since May first, seventeen hundred and eighty- sight. § 71. Acts of the legislature of the colony of New York inoperative. Acts of the legislature of the colony of New York shall not be deemed to have had any force or effect in this state since December twenty-ninth, eighteen hundred and twenty-eight. § 72. Resolutions of the congress of the colony and the convention of New York inoperative. The resolutions of the congress of the colony of New York and of the con- vention of the state of New York, shall not be deemed to be the laws of this state hereafter. ARTICLE 4. References, Titles and Head Notes. Section 80. References to repealed provisions. 81. Titles and head notes. § 80. References to repealed provisions. If any provision of a law be repealed and, in substance, re-enacted, a refer- ence in any law to such repealed provision shall ,be deemed a reference to such re-enacted provision. 5 81. Titles and head notes. If the title of any article or other division of a statute, or the head note of a section shall be amended or repealed in the body of the statute, or if » new article or other division having a title, or a new section having a new head note be added to a statute, the corresponding title or head note, if any, in an abstract of contents at the beginning of the article or other division of the statute shall be deemed to be correspondingly amended or repealed, although there be no express reference thereto. ARTICLE 5. Effect of Repeals. Section 90. Effect of the repeal of a repealing statute. 91. Effect of the repeal of a statute upon amendments thereof. ! 92. Effect of the repeal of an amending statute. 93. Effect of repealing statute upon existing rights. 94. Effect of repealing statute upon pending actions and proceedings. 95. Effect of the repeal of a statute by another statute substantially re-enacting the former. 96. Effect of hyphen in schedule of repeals. ,' 246 The Village Laws of ]STew Yoke S go. Effect of the repeal of a repealing statute. The repeal hereafter or by this chapter of any provision of a statute, which, repeals any provision of a prior statute, does not revive such prior provision. § 91. Effect of the repeal of a statute upon amendments thereof. The repeal by the Consolidated Laws of a statute includes a statute amendatory of the statute repealed. § 92. Effect of the repeal of an amending statute. The repeal hereafter or by this chapter of any provision of a statute, which amends a provision of a prior statute, leaves such prior provision in force unless the amendatory statute be a substantial re-enactment of the statute amended. § 93. Effect of repealing statute upon existing rights. The repeal of a statute or part thereof shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or in- flicted, as fully and to the same extent as if such repeal had not been effected. § 94. Effect of repealing statute upon pending actions and proceedings. Unless otherwise specially provided by law, all actions and proceedings, civil or criminal, commenced under or by virtue of any provision of a statute so repealed, and pending immediately prior to the taking effect of such re- peal, may be prosecuted and. defended to final effect in the same manner as they might if such provisions were not so repealed. § 95. Effect of the repeal of a statute by another statute substantially re- enacting the former. The provisions of a law repealing a prior law, which are substantial re- enactments of provisions of the prior law, shall be construed as a continua- tion of such provisions of such prior law, modified or amended according to the language employed, and not as new enactments. § g6. Effect of hyphen in schedule of repeals. When two numbers in a schedule of repeals of the consolidated laws are connected by a hyphen both such numbers are included as well as all inter- mediate numbers. ARTICLE 6. Effect of Consolidated Laws. Section 100. Effect of consolidation upon laws passed at same session or before consolidation takes effect. 101. Effect of consolidated laws on penal law and civil and criminal codes. { 100. Effect of consolidation upon laws passed at same session or before- consolidation takes effect. No provision of any chapter of the consolidation of the general laws, of which this chapter is a part, shall supersede or repeal by implication any The Village Laws of New Yobk 247 law passed at the same session of the legislature at which any such chapter was enacted, or passed after the enactment of any such chapter and before it shall have taken effect; and an amendatory law passed at such session or at any subsequent session begun before any such chapter takes effect, shall not be deemed repealed, unless specifically designated in the repealing schedule of such chapter. § 101. Effect of consolidated laws on penal law and civil and criminal codes. The Consolidated Law shall not be construed to amend, repeal or other- wise affect any provision of the penal law, code of civil procedure or code of criminal procedure unless expressly so stated. ARTICLE 7. Application of Chapter. Section 110. Application of chapter. § no. Application of chapter. This chapter is applicable to every statute unless its general object, or the context of the language construed, or other provisions of law indicate that a different meaning or application was intended from that required to be given by this chapter. ARTICLE 8. Laws Repealed; When to Take Effect. Section 120. Laws repealed. 121. When to take effect. § 120. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion speci- fied in the last column is hereby repealed. § lai. When to take effect. This chapter shall take effect immediately. AN ACT TO PRESCRIBE THE RULES FOR THE CONSTRUCTION OP THE CONSOLIDATED LAWS AND CODE AMENDMENTS. (L. 1909, ch. 596.) Section 1. In construing the consolidated laws and the amendments to the code of civil procedure and the code of criminal procedure reported to the legislature by the board of statutory consolidation constituted under the provisions of chapter six hundred and sixty-four, of the laws of nineteen hundred and four, entitled "An act to provide for the consolidation of the statutes of the state," and enacted by the legislature of nineteen hundred and nine and in construing the act amendatory thereof, known as chapter two hundred and forty of the laws of nineteen hundred and nine, for the purpose of determining the effect of any of the provisions or sections thereof or any other provision or section thereof, or on any special laws theretofore enacted, the several provisions and sections of such law and code amendments and 248 The Village Laws of 2fae\r Yoek said act amendatory thereof shall not be considered as having been enacted or re-enacted by the legislature at the time of the passage of the consolidated laws or such code amendments or said act amendatory thereof but as having been enacted as of the various times when such provisions and sections first became laws by any earlier statutes, provided, however, that when any pro- vision of law after its first enactment by the legislature has been amended or re-enacted then for the purpose of its construction for the determination of its effect on other sections or provisions of the consolidated laws, it shall be considered as having been enacted at the date of such amendment or re- enactment. If in any such consolidated law and such amendments to the code of civil procedure and the code of criminal procedure as enacted by the legislature of nineteen hundred and nine of said act amendatory thereof there shall have been incorporated any provisions of the law that have heretofore been superseded or impliedly repealed, the incorporation of any such pro- visions shall not be construed as a legislative intent to revive such superseded or repealed provisions, nor shall such incorporation in such consolidated laws be construed to indicate any legislative determination that such provisions had not been heretofore so superseded or repealed. The true purpose and intent of this act is to prescribe that the statute law of the state, so far as it has been reproduced in such consolidated laws and in such amendments to the code of civil procedure and the code of criminal procedure, and in said chapter two hundred and forty of the laws of nineteen hundred and nine, and all special laws in force at the time of the enactment of such consolidated laws, shall be of the same force and effect as they were before the enactment of such consolidated laws or code amendments or said act amendatory thereof. The Village Laws of New Yoek 249 II. GENERAL MUNICIPAL LAW. (Chapter 24 of the Consolidated Laws.) GENERAL MUNICIPAL LAW. Article 1. Short title; definitions (§§ 1, 2). 2. General municipal finances (§§ 3-20). 3. Report of financial condition (§§ 30-38). 4. Negligence and malfeasance of public officers; taxpayers' remedies (§§ 50-55). 5. Powers, limitations and liabilities (§§ 70-87). 6. Public health and safety (§§ 120-125). 7. Trusts for parks and libraries in villages and towns (§§ 140-146). 8. Cemeteries (§§ 160-163.) 9. Regulation of use of bicycles and similar vehicles (§§ 180-182). 10. Firemen and policemen (§§ 200-207). 11. Acquisition of lands by the United States (§§ 210-212). 12. Railroad aid bonds (§§ 220-233). 12a. City and village planning commissions. 13. Laws repealed; when to take effect (§§ 240, 241). ARTICLE *. Short Title; Definitions. Section 1. Short title. 2. Definitions. § i. Short title. This chapter shall be known as the " General Municipal Law." § z. Definitions. The term "municipal corporation," as used in this chapter, includes only a county, town, city and village. The term " governing board " includes the board of supervisors of a county, the town board of a town, the common council of a city, and the board of trustees of » village. ARTICLE 2. General Municipal Finances. Section 3. Limitation of indebtedness. 4. Investigation of expenditures of towns and villages. 5. Temporary loans. 6. Funded debt. 7. Payment of municipal bonds. 8. Funded and bonded debts. ■€. Issuance of municipal bonds. 10. Registry of municipal bonds. 11. Conversion of coupon into registered bonds. 12. Defects not invalidating municipal bonds. 13. Municipal taxes of railroads payable to county treasurer. 14. Appointment of railroad commissioners. 15 Oath and undertaking of commissioners. 50 The Village Laws ot Xew Yoek. 16. Abolition of office of railroad commissioners. 17. Exchange or sale of railroad stock and bonds. 18. Annual report of commissioners and payment of bonds. 19. Accounts and loans by commissioners. 20. Reissue of lost or destroyed bonds. 21. Maximum rate of interest on municipal bonds. 22. Legalizing proceedings. 23. Petition. 24. Notice of presentation of petition; filing; answer. 25. Hearing. 26. Determination of court. 27. Appeal. 28. Effect of determination. 29. Definitions. S 3. Limitation of indebtedness. No county containing a city of more than one hundred thousand inhabi- tants, nor any such city shall contract any debt, the amount of which, exclu- sive of its outstanding debt, shall exceed a sum equal to five per centum of the aggregate valuation of the real property within its bounds, as assessed for state and county purposes upon the then last corrected assessment-roll, nor shall it contract any such debt if the amount thereof inclusive of its outstanding debts shall exceed a sum equal to ten per centum of such valu- ation. This section shall not be construed to prevent the issuing of certifi- cates of indebtedness or revenue bonds issued in anticipation of the collection of taxes of amounts actually contained or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issuing of bonds to provide for the supply of water, but the term of the bonds issued to provide for the supply of water shall not exceed twenty years, and the sinking fund shall be created on the issuing of said bonds for their redemp- tion by raising annually a sum which will produce an amount equal to the amount of the principal of said sum and interest of said bonds at their maturity. This section shall not apply to debts contracted for the purpose of retiring or paying any existing indebtedness pursuant to the provisions of this chapter. § 4. Investigation of expenditures of towns and villages. If twenty-five freeholders in any town or village shall present to a justice of the supreme court of the judicial district in which such town or village is situated, an affidavit, stating that they are freeholders and have paid taxes on real property within such town or village within one 3*ear, that they have reason to believe that the moneys of such town or village are be- ing unlawfully or corruptly expended, and the grounds of their belief, such justice, upon ten days' notice to the supervisor, and the officers of the town disbursing the funds to which such moneys belong, or the trustees and treasurer of the village, shall make a summary investigation into the finan- cial affairs of such town or village, and the accounts of such officers, and, in his discretion, may appoint experts to make such investigation, and may cause the result thereof to be published in such manner as he may deem proper. The costs incurred in such investigation shall be taxed by the justice, and paid, upon his order, by the officers whose expenditures are investigated, if the facts in such affidavit be substantially proved, and otherwise, by the freeholders making such affidavit. If such justice shall be satisfied that any of the moneys of such town or village are being unlawfully or cor- ruptly expended, or are being appropriated for purposes to which they are not properly applicable, or are improvidentlv squandered or wasted, he shall forthwith grant an order rostrai ' — "-•' — *■ 4;i — or such other improper n=e of su The Village Laws of New Yokk 251 S 5 : Temporary loans. Moneys shall not be borrowed by a municipal corporation on temporary loan, except in anticipation of the taxes of the current fiscal year, and for the purposes for which such taxes are levied, and shall not be in excess of the amount of such taxes. Such loans shall always be made payable Within eight months, and in no case shall interest run on any such loan after such taxes are paid into the treasury of the corporation. § 6. Funded debt. A funded debt shall not be contracted by a, municipal corporation, except, for a specific object, expressly stated in the ordinance or resolution propo ing it; nor unless such ordinance or resolution shall be passed by a tw t« thirds vote of all the members elected to the board or council adopting i% or submitted to and approved by the electors of the town or county, m taxpayers of the village or city when required by law ; provided, howeve " that a funded debt contracted by a city of the second class for the building of a school building or for the construction or reconstruction of » school building shall require for its passage only a majority vote of all the members elected to the common council adopting it. Such ordinance or resolution shall provide for raising annually, by tax, a sum sufficient to pay the in- terest and the principal, as the same shall become due. Amended by L. 1910, ch. 677, in effeet June 25, 1910. § 7. Payment of municipal bonds. Where the bonds of a municipal corporation have been lawfully issued, and the payment of the principal or interest thereof shall not have been otherwise paid or provided for, the same shall be a charge upon such cor- poration, and shall be levied and assessed, collected and paid the same as other debts and charges. When for any reason any portion of the principal or interest due upon such bonds shall not have been paid; the same shall be assessed, levied and collected at the first assessment and collection of taxes by such corporation after such omission. § 8. Funded and bonded debts. The bonded indebtedness of a municipal corporation, including interest due or unpaid, or any part thereof, may be paid up or retired by the issue of the new substituted bonds for like amounts by the board of supervisors or supervisor, board, council or officers having in charge the payment of such bonds. Such new bonds shall only be issued when the existing bonds ca be retired by the substitution of the new bonds therefor, or can be paid " oy money realized by the sale of such new bonds. Where such bonded in debtedness shall become due within two years from the issue of such nei bonds, such new bonds may be issued and sold to provide money in advanc to pay up such existing bonds when they shall become due. Such ne\» bonds shall contain a recital that they are issued pursuant to this section, which recital shall be conclusive evidence of their validity and of the regu- larity of the issue; shall be made payable not less than one or more than thirty years from their date; shall bear date and draw interest from the date of the payment of the existing bondB, or the receipt of the money to pay tho same, at not exceeding the rate of five per centum per annum, pay- able quarterly, semi-annually or annually; and an amount equal to not less 252 The Village Laws of ^ew Yoek than two per centum of the whole amount of such new bonds may be pay- able each year after the issue thereof. Such new bonds shall be sold and negotiated at the best price obtainable, not less than their par value; shall be valid and binding on the municipal corporation issuing them. All bonds and coupons retired or paid shall be immediately canceled. A certificate shall be issued by the officer, board or body issuing such new bonds, stating the amount of existing bonds, and of the new bonds so issued, which shall be forthwith filed in the office of the county clerk. Except as provided in this section, new bonds shall not be issued in pursuance thereof, for bonds of a municipal corporation adjudged invalid by the final judgment of a com- petent court. A majority of the taxpa3 - ers of » town, voting at a general town meeting, or special town meeting duly called, may authorize the issue in pursuance of this section of new bonds for such invalid bonds, and each new bond so issued shall contain substantially the following recital: "The ssue of this bond is duly authorized by a vote of the taxpayers of the said ^jwn," which shall be conclusive evidence of such fact. The payment, ad- * istment or compromise of a. part of the bonded indebtedness of a municipal »' jrporation shall not be deemed an admission of the validity or a recognition t any part of the bonded indebtedness of such municipal corporation not paid, adjusted or compromised. All bonds of a municipal corporation, until payable, shall be exempt from taxation for town, county, municipal or state purposes. *g. Issuance of municipal bonds. Each bond issued by a municipal corporation shall be signed by each officer issuing the same, with the designation of his office; and the interest coupons attached thereto, if any, shall be signed by one of their number. Each such bond shall state the place of payment and, if no coupons are attached thereto, the name of the payee. § 10. Registry of municipal bonds. Each municipal corporation shall keep in the office of its clerk suitable books, in which shall be entered a full description of the amount, rate of interest, class, number, date of issue, pursuant to what law, and maturity of all bonds issued by any of its officers, and, if such statement is not al- ready entered, of all bonds converted from coupon into registered bonds. A bond to which no coupons are attached may be registered, at the request of the payee, in the books so kept in the office of such clerk, and a certificate of such registry shall be indorsed upon the bond by such clerk, and attested by his seal, if he has one. The clerk shall be entitled to a fee of twenty- five cents for each bond so registered. The principal and interest of a regis- tered municipal bond shall be payable only to the payee, his legal repre- sentatives, successors or assigns, and shall be transferable only upon presen- tation to such clerk, with a written assignment duly acknowledged or proved. The name of the assignee shall be entered upon such bond so transferred id the books so kept in the office of the clerk. It shall be the duty of the 7, erk or other officer having charge of the office where such registry is kept, '.i transmit a statement of such indebtedness to the clerk of the board of jjS ipervisors of the county in which such office is situated, annually, on or ibjfore the first day of November. Except that in cities of the second class, * § omitted in original. The Village Laws of New Yobic 253 the books of the municipal corporation in which there shall be entered a description of the amount, rate of interest, class, number, date of issue, pur- suant to what law, and the maturity of all bonds issued by any of its officers, and of all bonds converted from coupon into registered bonds, as above pro- vided, shall be kept in the office of the comptroller of said city instead of in the office of the city clerk, and all the duties to be performed by the clerk of the municipal corporation, as hereinbefore provided, shall, in cities of the second class, be performed by the comptroller of said city instead of by the clerk; and all municipal bonds in cities of the second class shall be registered with the comptroller instead of with the clerk. Amended by L. 1910, ch. 129, in effect April 21, 1910. § ii. Conversion of coupon into registered bonds. When the owner of coupon bonds of a municipal corporation shall present any such bonds to the officers who issued the same, or their successors, with a written request for their conversion into registered bonds, such officer shall cut off and destroy the coupons and stamp, print or write upon each of the bonds a statement, properly dated, of the amount and value of such coupons, and that the interest, at the rate and on the date, as was provided by the coupons, as well as the principal, is to be paid to such owner, his legal representatives, successors or assigns, at a, place therein stated, which shall be the place stated in the coupons, unless changed with the written consent of the owner; and thereupon such bonds may be registered in the office of the clerk of the municipal corporation. This section shall not apply where provision is otherwise made by law or local ordinance, for the conversion or exchange of coupon for registered bonds. § 12. Defects not invalidating municipal bonds. When the bonds of a municipal corporation have been issued and sold by the proper authorities, and the timi fixed for their maturity shall be for a longer period than provided by thd law under which they were issued, a variance of not exceeding sixty days shall not affect their validity. % 13. Municipal taxes of railroads payaDle to county treasurer. If a town, village or city has outstanding unpaid bonds, issued, or sub- stituted for bonds issued, to aid in the construction of a railroad therein, so much of all taxes as shall be necessary to take up such bonds, except school district and highway taxes, collected on the assessed valuation of such railroad in such municipal corporation, shall be paid over to the treas- urer of the county in which the municipal corporation is located. Such treasurer shall purchase with such moneys of any town, village or city, such bonds, when they can be purchased at or below par, and shall imme- diately cancel them in the presence of the county judge. If such bonds can not be purchased at or below par, such treasurer shall invest such moneys in the bonds of the United States, of the state of New York, or of any town or village or city of such state, issued pursuant to law; and shall hold such bonds as a sinking fund for the redemption and payment of such outstanding railroad aid bonds. If a county treasurer shall unreasonably neglect to comply with this section, any taxpayer of the town, village or city having so issued its bonds may apply to the county judge of the county in which such municipal corporation is situated, for an order compelling such trpa=- 254 The Village Laws of New Yoek urer to execute the provisions of this section. Upon application of the town board of any town, the board of supervisors of the county in which said. town is situated may authorize payment by the county treasurer of all moneys thus paid to him in any year by the railroads mentioned in this section, to the supervisor of such town, for its use and benefit; to be applied either to the purchase of outstanding railroad aid bonds or the payment of interest thereon, and any payment heretofore made in good faith by the treasurer of any county to any town or to the supervisor thereof, of the taxes reeeived in any year by such treasurer, from railroad corporations in that town, is hereby validated. The county treasurer of any county in which one or more towns therein shall have issued bonds for railroad purposes, shall when directed by the board of supervisors or county judge of the county, execute and file in the office of the clerk of the county an under- taking with not less than two sureties, approved by such board or judge, to the effect that he will faithfully perform his duties pursuant to this section. The annual report of a county treasurer shall fully state, under the head of "railroad sinking fund," the name and character of all such investments made by him or his predecessors, and the condition of such fund. § 14. Appointment of railroad commissioners. The county judge of any county within which is a municipal corporation having or being entitled to have railroad commissioners, on October first, eighteen hundred and ninety-two, and in which the duties imposed upon such commissioners are not fully performed, shall continue to appoint and com- mission, upon the application of twenty freeholders within such corporation, three persons, who shall be freeholders and resident taxpayers therein, com- missioners for the purpose of performing the duties and completing the busi- ness required of them pursuant to this chapter or any law. Such commis- sioners shall hold their office for five years, and until others are appointed by the county judge, unless their duties shall be sooner performed, or the office shall be abolished, who shall also, in like manner, fill any vacancies that may exist therein. Such commissioners shall each receive the sum of three dollars per day for each day actually engaged in the discharge of their duties, and the necessary disbursements to be audited and paid by the usual auditing and disbursing officers of such municipal corporation. A majority of such commissioners, at a meeting of which all have notice, shall constitute a quorum. S 15. Oath and undertaking ef commissioners. Before entering upon their duties such commissioners shall take the con- stitutional oath of office, and make and file with the county clerk of their county, their joint and several undertaking, with two or more sureties to be approved by the county judge of their county, to the effect that they will faithfully discharge their duties as such commissioners, and truly keep, pay over and account for all moneys belonging to such corporation coming into their' hands. S 16. Abolition of office of railroad commissioners. The board of supervisors of any county may, upon the application of the auditinr' lirs»rd of any municinal corporation therein, by resolution, abolish The Vix.lage Laws of .New Yoek 255 the office of railroad commissioners of such municipal corporation, and direct the manner of the transfer of their duties to the supervisor of the town,, or the treasurer of the municipal corporation other than a town, and upon his compliance with such directions, such transferee shall be vested with all the powers conferred upon such railroad commissioners and subject to all the duties imposed upon them. § 17. Exchange or sale of railroad stock and bond's. The railroad commissioners or officers of a municipal corporation, having the lawful charge and control of any railroad stock or bonds, for or in pay- ment of which the bonds of such municipal corporation have been lawfully issued in aid of such railroad corporation, may exchange the stock or bonds of such railroad corporation for and in payment of such bonds, or the new substituted bonds of such municipal corporation, when such exchange can be made for not less than the par value of the stocks or bonds so held by them. If they can not make such exchange they may sell such stocks or bonds at not less than par; but they may, on the application and with the approval of the governing board of the municipal corporation owning such stock or bonds, exchange, sell or dispose of such stock or bonds, at the best price and upon the best terms obtainable, for the municipal corporation they represent, and shall execute to the purchaser the necessary transfers there- for. All moneys received for any stock or bonds shall only be applied to the payment and extinguishment of the bonds of the municipal corporation, law- fully issued in aid of any such railroad, or substituted therefor; except that if thp bonds so issued or substituted have all been paid, or the moneys so realized shall be more than sufficient to pay them in full, and all the costs and expenses of the sale, such proceeds or balance thereof shall be paid by the officers making the sale, to the supervisor of the town, or the treasurer of the municipal corporation, and applied to such lawful uses as the gov- erning board of the municipal corporation, entitled to the same, may directs The provisions of this section shall apply to all such commissioners or officers of ji municipal corporation elected or appointed or acting under the provisions of any special act, and the authority hereby conferred shall not be limited by the provisions of any such special act. § 18. Annual report of commissioners and payment of bonds. The railroad commissioners of a municipal corporation, having in charge the moneys received and collected, and who are responsible for the payment of the interest of the bonds lawfully issued by such municipal corporation, in aid of railroads, shall annually report to the governing board of the municipal corporation, the total amount of the municipal indebtedness of the municipal corporation they represent, \ipon such bonds or such new bonds substituted therefor, the date of the bonds and when payable, the rate of interest thereon, the acts under which they were issued, the amount of principal and interest that will become due thereon before the next annual tax levy and collection of taxes for the next succeeding year, and the amount in their hands applicable to the payment of the principal or interest thereon. Each year such governing board shall levy and collect of the municipal corporation sufficient money to pay such principal and interest, as the same shall become due and payable. When collected; such, moneys, with the unpaid sums on hand, shall be forthwith paid over to- 256 The Village Laws of Isiew Yoek such commissionerSj and applied by them to the purposes for which col- lected or held. When paid, such bonds shall be presented by such railroad commissioners to the governing board of the municipal corporation, at least five days before the annual town meeting, village or city election, or meet- ing of the board of supervisors, next thereafter held, who shall cancel the same, and make and file a record thereof in the clerk's office of the municipal ■corporation, whose bonds were so paid or canceled. § 19. Accounts and loans by commissioners. Such railroad commissioners shall present to the auditing board of the municipal corporation they represent, at each annual meeting of such board, a, written statement or report, showing all their receipts and expenditures, with vouchers. They shall also loan on proper security or collaterals, or deposit in some solvent bank or banking institution, at the best rate of in- terest they can obtain, or invest in the bonds of the municipal corporation they represent, or in bonds of the state, or of any town, village, city or county therein, issued pursuant to law, or in the bonds of the United States, all moneys that shall come into their hands by virtue of their office, and not needed for current liabilities; and all earnings, profits or interest accruing from such loans, deposits or investments, shall be credited to the municipal corporation they represent, and accounted for in their annual settlement with the governing board thereof. § 20. Reissue of lost or destroyed bonds. When any bonds lawfully issued by a municipal corporation in aid of any railroad, or in substitution for bonds so issued, shall be lost or destroyed, the railroad commissioners may issue new bonds in the place of the ones so lost or destroyed, at the same rate of interest, and to become payable at the same time, upon the owner furnishing satisfactory proof, by affi- davit, of such ownership, and loss or destruction, and a written indemnity, with at least two sureties, approved as to form and sufficiency by the county judge of the county in which such municipal corporation is situated, livery npw bond so issued shall state upon its face the number and denomination of the bond for which it is issued, that it is issued in the place of such bond claimed to have been lost or destroyed, that it is issued as o. duplicate thereof, and that but one is to be paid. Such affidavit and indemnity, duly indorsed, shall be immediately filed in the county clerk's office. ARTICLE 3. § 21. Maximum rate of Interest on municipal bonds. If in any general or special law heretofore passed authorizing or requiring an issue of bonds by a municipal corporation, or by any department, board, commission, or officer thereof, a maximum rate of interest on the bonds to be issued thereunder be prescribed, the rate of interest on such bonds hereafter issued in pursuance of such general or special law may be fixed by the de- partment, board, to.niiiisblon or officer charged by law with the duty of issuing such bonds at any rate not more than the legal rate of interest, notwithstand- ing the provisions of such general or special law prescribing a different maximum rate. The term " municipal corporation " as used in this section The Village Laws of New Tobk. 25Ga includes a city, county, village, town, school district, sewer district, water district, lighting district or any other district or territory authorized by law to issue bonds, and the term " bonds " includes bonds, corporate stock, certifi- cates of indebtedness or any other obligation whereby a municipal corporation agrees to pay a stated sum of money. Added by L. 1911, eh. 573. § 22. Legalizing proceedings. Proceedings heretofore or hereafter taken by a municipal corporation au- thorized by law to issue bonds, or by its officers, agents or voters, pursuant to a statute authorizing or requiring such proceedings, may be legalized and confirmed by the supreme court in the manner and with the effect provided by this article. A proceeding may be instituted hereunder for the purpose of legalizing and confirming such proceedings taken prior to the issuance and sale of such bonds, or for the purpose of legalizing and confirming such pre- liminary proceedings and also the issuance, sale and form of such bonds. Such a proceeding may be instituted by the officer or officers of such municipal corporation authorized or required by law to sell such bonds, or if the purpose of such proceeding also includes the legalizing and confirming of the proceed- ings in respect to the issuance, sale and form of such bonds, by any taxpayer of the municipal corporation or by a purchaser or holder of such bonds. Added by L. 1911, ch. 769. ! 22. Petition. The officer or person commencing such proceeding shall present a verified petition to a special term of the supreme court held within the judicial dis- trict in which such municipal corporation is wholly or partly situated, stating the statute under which it is proposed to issue such bonds or under which such bonds were issued, the purpose thereof, the aggregate amount of bonds proposed to be issued or issued, the time when such bonds are payable, and all proceedings that have been taken by the municipal corporation, or by its officers, agents or voters, in respect to the issuance and sale of such bonds, and praying that such court shall investigate the law and facts in relation to such proceedings and determine whether such proceedings substantially com- plied with the statute under which it is proposed to issue and sell such bonds, or under which such bonds were issued and sold. Such petition may also state any particular in which the petitioner deems that such proceedings may not have complied with the statute under which it is proposed to issue and sell such bonds, or under which the same were issued and sold. Added by L. 1911, ch. 769. § 24. Notice of presentation of petition; filing; answer. A notice stating the time and place of the presentation of such petition and briefly describing the proceedings sought to be legalized and confirmed shall be published at least twice in a newspaper, if any, published in the municipal corporation, or if no newspaper be published therein, in a news- 256b The Village Laws of New Yoke. paper published in the city, village or town nearest to such municipal corpora- tion. Such publication shall be made at least twenty and not more than thirty days prior to the date of such hearing. Such notice shall also be posted in at least ten conspicuous public places in the municipal corporation. If . such proceeding be instituted by a taxpayer, or a purchaser or holder of bonds which have been issued, such notice shall also be served upon the mayor of a city, the president of a village, the supervisor of a town, or the officer, board or commission authorized or required by law to sell such bonds, and upon any known purchaser or holder of such bonds. Such notice shall be so served personally or by mail at least twenty days before the date of such hearing and shall be accompanied by the petition proposed to be presented at such hearing, and at least ten days prior to such hearing such municipal corpora- tion may serve on the petitioner a verified answer to such petition. If such proceeding be instituted by a municipal officer or officers, a copy of the petition proposed to be presented at the hearing shall be filed in the office of the officer or officers authorized or required by law to sell such bonds. At any time prior to such hearing a taxpayer of such municipality, or if such bonds have been issued, a holder or purchaser may file in such office a verified answer to such petition. Added by L. 1911, ch. 769. § 25. Hearing. At the time of such hearing any taxpayer of the municipal corporation, or if such bonds have been issued, any holder or purchaser thereof may intervene and with the consent of the court be made a party thereto. Upon such hearing any party to such proceeding may appear, by counsel, and may produce and examine witnesses as to the proceedings taken in respect to the issue and sale of such bonds. Such witnesses shall be subject to cross-examination by any party appearing at such hearing. The court may appoint a referee to take testimony in respect to the proceeding for the issuance and sale of such bonds and may otherwise require the parties thereto to produce proof, by affidavit or otherwise, of any facts which may tend to enable the court to make a full and complete determination in respect to the proceedings for the issuance and sale of such bonds. Added by L. 1911, ch. 769. § 28. Determination of court. If, after such hearing and investigation, such court is satisfied that the statute under which such proceedings were taken authorized bonds to be issued by the municipal corporation for the aggregate amount for which it is pro- posed to issue the same, or for the amount of bonds issued and sold thereunder if such bonds have been already issued and sold, and that the proceedings taken by such municipal corporation, its officers, agents or voters, prior to the issuance and sale of such bonds, or including the issuance and sale of such bonds have been already issued, substantially complied with the statute under which it is proposed to issue such bonds, or under which such bonds were issued and sold, the court may, by order, legalize and confirm the proceedings The Village Laws or New Yobk. 256c i taken prior to the issue and sale of such proposed bonds, or if such bonds have been issued, including the proceedings on the issuance and sale thereof and the form of the bonds issued thereunder, with the same force and effect as though all the provisions of law in relation to such proceedings and form had been strictly complied with. The court may determine that such statute was substantially complied with if it authorized the aggregate amount of bonds proposed to be issued or issued thereunder, that the proposition to issue such bonds was adopted at the election, if any, to which it was submitted or by tiie required vote of the meeting of the body or board to which it was sub- mitted, and that such bonds, if issued and sold were sold at not less than par and at a rate of interest no greater than was authorized by the statute under which such bonds were issued, notwithstanding any irregularity or technicality in the form of proposition or resolution proposing or authorizing such issue, or in the notice of the election or of the meeting of the board or body adopting such resolution or authorization, or in the time or manner of service thereof, or in the conduct of the election or meeting at which such proposition or authorization was adopted, or in that such proposition was submitted more than once within one year or other shorter period than au- thorized by law, or, if such bonds have already been issued in the manner of issuance or sale thereof, or in the time or times of payment thereof, or not- withstanding any other technical or formal irregularity of like nature in such proceedings. If the court is satisfied that the proceedings for the issuance and sale of such bonds did not substantially comply with the statute under which it was proposed to issue and sell the same or under which the same were issued and sold, he may make an order accordingly specifying the par- ticulars in which he deems that such proceedings failed to comply with such statute. Added by L. 1911, ch. 769. § 27. Appeal. An appeal may be taken to the appellate division from the order of the supreme court legalizing and confirming such proceedings, or refusing to legalize and confirm the same. Such appeal must be taken within ten days after the entry of the order, by the service of the notice of appeal upon all the parties to such proceeding who appeared personally or by counsel at the hearing before the supreme court. The decision of the appellate division thereon shall be final. Added by L. 1911, ch. 769. § 28. Effect of determination. If the order of the supreme court legalizes and confirms such proceedings, upon the expiration of the time to appeal therefrom if no appeal be taken, or upon the entry of the final order of the appellate division confirming such order of the supreme court, such proceedings shall be deemed legalized and confirmed. If such proceeding was instituted to legalize and confirm pro- ceedings prior to the issuance and sale of such bonds, the officer or officers of such municipal corporation authorized to issue such bonds may issue and sell 26 6d The Village Laws of !New Yobk. the same accordingly, and the validity of such honds shall not thereafter be in any manner questioned by reason of any defect or irregularity in such preliminary proceedings, and notwithstanding any such irregularity or defect shall be binding and legal obligations upon the municipal corporation issuing and selling the same. If such proceeding was instituted to legalize and con- firm the proceedings for the issue and sale of bonds that were issued and sold at the time such proceeding was instituted, such bonds shall be valid and binding obligations upon the municipal corporation, in like manner, and the validity thereof shall not in any manner be questioned by reason of any irregu- larity or defect in the proceedings for the issue and sale of such bonds, or in the form thereof. Added by L. 1911, ch. 769. § 29. Definitions. The term " municipal corporation " as used in this article includes a city, county, village, town, school district, sewer district, water district, lighting district or any other district or territory authorized by law to issue bonds. The term " bonds " as used in this article includes bonds, corporate stock, certificates of indebtedness or any other obligations whereby a municipal cor- poration agrees to pay a stated sum of money. Added by L. 1911, ch. 769 ARTICLE 3. Report of Financial Condition. Seetion 30. Reports. 31. Form of reports. 32. Comptroller to furnish blank forms. 33. Accounts of fiscal officers to be examined. 34. Chief accountant and examiners of accounts. 35. Powers and duties of examiners. 36. Uniform system of accounts. 37. Comparison of statistics. 38. Expenses of examination. The Village Laws of New Yoke 257 § 30. Reports. Every county, other than those comprising the city ef New York, every city of the second and third classes, every incorporated village and every town shall annually make a report of its financial condition to the comp- troller. Such reports slhall be made by the treasurers of the various counties, the comptrollers of cities of the second and third classes, the treasurers of village and the supervisors of towns, but if, for any reason, the comptroller slhall deem it necessary that additional informaton be furnished by any othor officer of the municipalities named herein, he may require such additional information from such other officer in such form as he may deem necessary to carry into effect the purposes of this article. All reports shall be duly verified by the oath of the officer making the same and shall be filed with t'la comptroller within sixty days after the close of the fiscal year of suoh munici- pality. Every such officer shall also, within sixty days after the expiration of his term of office, or his resignation or removal therefrom, make a report to the comptroller of the financial condition of such municipal corporation on the date of the expiration of his term of office, or his resignation or removal from office, as the case may be. The refusal or willful neglect of such officer to file a report as herein prescribed shall be a misdemeanor. Amended by L. 1911, Oh. 544. In effect June 29, 1911. f 31. Form of reports. The reports shall be in the form to be prescribed by the comptroller and shall contain:, 1. A statement of the receipts of such municipality from all sources and of all accounts or revenue which may be due and' uncollected at the close of the fiscal year. 2. A statement of the disbursements for all branches of the municipal government during the fiscal year. 3. A detailed statement of the indebtedness of the municipality at the close of the fiscal year, the provisions made for the payment thereof, to- gether with the purposes for which it was incurred. 4. A statement of the costs of ownership and operation and of the income of each and every public service industry owned, maintained or operated by any such municipal corporation. 5. Such fmrther or more specific information in relation to the cost of any branch of the municipal service or any improvement therein as may be required by the comptroller. § 32. Comptroller to furnish Want forms. The comptroller shall annually furnish to the officers required to make reports by the provisions of this article, at least ninety days before the time such reports are required to be filed with him, printed blanks and forms on which shall be indicated the information required, together with suitable printed instructions for filling out the same. § 33. Accounts of fiscal officers to be examined. The comptroller shall cause the accounts of all fiscal officers of each such municipal corporation to be inspected and examined by one or more exam- iners to be appointed by him at such periods as he shall deem necessary. On every such examination inquiry shall be made as to the financial condi- tion and resources of the municipal corporation, and into the method and accuracy of its accounts. 258 The Village Laws of New York § 34. Chief accountant and examiners of accounts. The comptroller shall appoint a chief accountant who, under his direc- tion, shall be charged with the preparation of the forms of the reports Tequired by the provisions of this article, the compilation of the compara- tive statistics and the inspection and examination of municipal accounts. He shall also appoint not to exceed fifteen examiners, who shall be charged with the duty of inspecting and examining the accounts of such municipal corporations. The chief accountant shall receive a salary of not to exceed two thousand five hundred dollars and his necessary traveling and other actual expenses; the examiners of accounts shall each receive .vhen employed not less than five nor more than fifteen dollars » day and their necessary traveling expenses. Amended by L. 1910, ch. 301, in effect May 16, 1910. § 35. Powers and duties of examiners. The comptroller, the chief accountant and each examiner of accounts shall have power to examine into the financial affairs of every municipal corpora- tion enumerated herein and to administer an oath to any person whose testimony may be required, on any such examination, and to compel the appearance and attendance of such person for the purpose of any such examination and investigation, and the production of books and papers. But no such person shall be compelled to appear or be examined elsewhere than within such municipality. Wilful false swearing in such examination shall' be perjury and shall be punishable as such. A report of such examination shall be made and shall be a matter of record in the office of the comptroller and in the office of the chief fiscal officer of the municipality, each of which shall be open to public inspection. § 36. Uniform system of accounts. The comptroller may formulate and prescribe a system of keeping accounts, which system shall be uniform for each class of municipal corporations speci- fied in section thirty of this chapter, and from time to time, whenever he shall deem it necessary, direct the instalment of such system by any one or more of the municipal corporations comprising such class. Any officer of such municipal corporation who shall refuse o* - wilfully neglect to comply with such direction of the comptroller within such reasonable time as the comptroller may prescribe shall be guilty of a misdemeanor. The comp- troller, may, however, and upon good and sufficient cause shown shall, ex- tend such prescribed time as may be reasonable and necessary. The ex- pense of installing a system of keeping accounts in pursuance of this section shall be paid out of such appropriation as shall be made to carry this article into effect. § 37. Comparison of statistics. The substance of the reports required by the provisions of this article shall be arrangpd by the comptroller in such form as shall indicate the com- parative receipts from the various sources of revenue and the comparative costs of the several branches of government in the specified municipal cor- porations, and shall be published in an annual statement of comparative statistics, which shall bo issued for each class of municipal corporations at The Village Laws of Sew Yoeic 259- the expense of the state as a public document and shall be submitted by the comptroller to the legislature at each regular session. Copies- thereof shall also be furnished by him to each municipality named therein. § 38. Expenses of examination. The expenses of examining the public accounts of any municipal corpora- tion shall be paid out of such appropriation as shall be made to carry the provisions of this article into effect. ARTICLE 4. Negligence and Malfeasance of Public Officers; Taxpayers' Remedies. Section 50. Cause of action not barred. 51. Prosecution of officers for illegal acts. 52. Holder of bond may bring action. 53. Municipal corporation may bring action against its officers. 54. Statute of limitation; order of arrest. 55. Appeals. § 50. Cause of action not barred. A cause of action in law or equity against any municipality in the state of New York, or- its proper officers, arising from the action of such munici- pality in derogation of its previous grant or covenant, where a previous action shall not have succeeded, in whole or in part, owing to the failure cf the said municipality to produce or prove certain written evidence, which was essential to the plaintiff's claim, shall not be barred by the operation of the statutes limiting the time for the enforcement of civil remedies in favor of the successor in interest to the person entitled to any benefit or dam- ages by reason of such grant, covenant or action of said municipality. § 51. Prosecution of officers for illegal acts. All officers, agents, commissioners and other persons acting, or who have acted, for and on behalf of any county, town, village or municipal corpora- tion in this state, and each and every one of them, may be prosecuted, and an action may be maintained against them to prevent any illegal official act on the part of any such officers, agents, commissioners or other persons, or to prevent waste or injury to, or to restore and make good, any property, funds or estate of such county, town, village or municipal corporation by any person or corporation whose assessment, or by any number of persons or corporations, jointly, the sum of whose assessments shall amount to one thousand dollars, and who shall be liable to pay taxes on such assessment in the county, town, village or municipal corporation to prevent the waste or injury of whose property the action is brought, or who have been assessed or paid taxes therein upon any assessment of the above-named amount within one year previous to the commencement of any such action. Sueh person or corporation upon the commencement of such action, shall furnish a bond to the defendant therein, to be approved by a justice of the supreme court or the county judge of the county in which the action is brought, in such pen- alty as the justice or judge approving the same shall direct, but not less than two hundred and fifty dollars, and to be executed by any two of the plain- tiffs, if there be more than one party plaintiff, providing said two parties 260 The Village Laws of New Yoek plaintiff shall severally justify in the sum of five thousand dollars. Said bond shall be approved by said justice or judge and be conditioned to pay all costs that may be awarded the defendant in such action if the court shall finally determine the same in favor of the defendant. The court shall re- quire, when the plaintiffs shall not justify as above mentioned, and in any case may require two more sufficient sureties to execute the bond above provided for. Such bond shall be filed in the office of the county clerk of the county in which the action is brought and a copy shall be served with the summons in such action. If an injunction is obtained as herein pro- vided for, the same bond may also provide for the payment of the damages arising therefrom to the party entitled to the money, the auditing, allowing or paying of which was enjoined, if the court shall finally determine that the plaintiff is not entitled to such injunction. In case the waste or injury complained of consists in any board, officer or agent in any county, town, village or municipal corporation, by collusion or otherwise, contracting, audit- ing, allowing or paying, or conniving at the contracting, audit, allowance or payment of any fraudulent, illegal, unjust or inequitable claims, demands or expenses, or any item or part thereof against or by such county, town, village or municipal corporation, or by permitting a judgment to be recovered against such county, town, village or municipal corporation; or against him- self in his official capacity, either by default or without the interposition and proper presentation of any existing legal or equitable defenses, or by any such officer or agent, retaining or failing to pay over to the proper authorities any funds or property of any county, town, village or municipal corporation, after he shall have ceased to be such officer or agent, the court may, in its discretion, prohibit the payment or collection of any such claims, demands, expenses or judgments, in whole or in part, and shall enforce the restitution and recovery thereof, if heretofore or hereafter paid, collected or retained by the person or party heretofore or hereafter receiving or retaining the same, and also may, in its discretion, adjudge and declare the colluding or defaulting official personally responsible therefor, and out of his property, and that of his bondsmen, if any, provide for the collection or repayment thereof, so as to indemnify and save harmless the said county, town, village or municipal corporation from a part or the whole thereof; and in case of a judgment the court may, in its discretion, vacate, set aside and open said judgment, with leave and direction for the defendant therein to interpose and enforce any existing legal or equitable defense therein, under the direc- tion of such person as the court may, in its judgment as order, designate and appoint. All books of minutes, entry or account, and the books, bills, vouchers, checks., contracts or other papers connected with or used or filed in the office of, or with any officer, board or commission acting for or on behalf of any county, town, village or municipal corporation in this state are hereby declared to be public records, and shall be open, subject to rea- sonable regulations to be prescribed by the officer having the custody thereof, to the inspection of any taxpayer. This section shall not be so construed as to take away any right of action from any county, town, village or municipal corporation, or from any public officer, but any right of action now existing, or which may hereafter exist in favor of any county, town, village or municipal corporation, or in favor of any officer thereof, may be enforced by action or otherwise by the persons hereinbefore authorized to prosecute and maintain actions: and whenever by the provisions of this sec- The Village Laws of New Yoke: 261 tion an action may be prosecuted or maintained against any officer or other- person, his bondsmen, if any, may be joined in such action or proceeding and their liabilities as such enforced by the proper judgment or direction of the court; but any recovery under the provisions of this article shall be for the benefit of and shall be paid to the officer entitled by law to hold and disburse the public moneys of such county, town, village or municipal cor- poration, and shall, to the amount thereof, be credited the defendant in determining his liability in the action by the county, town, village or munic- ipal corporation or public officer. The provisions of this article shall apply as well to those cases in which the body, board, officer, agent, commissioner or other person above named has not, as to those in which it or he has. jurisdiction over the subject-matter of its action. § 52. Holder of bond may bring action. Any bona fide purchaser and holder of any bonds or other obligations for the payment of money payable to bearer and transferable by delivery, and any such purchaser and holder of any interest bearing coupon or obligation originally attached to such bonds, which said bonds or coupon shall have been issued or put in circulation by means of the misfeasance, malfeasance or negligence of any public officer, of any of the civil or municipal divisions of this state, whose right of recovery or cause of action upon any such bond or coupon has been or shall be determined by the judgment of a court of competent jurisdiction in any suit or action, or who has been or shall be a privy to such suit or action, may within three years after the determina- tion of said right of recovery and cause of action begin an action against such officer and recover all damages which said purchaser, holder or privy shall have suffered because of the misfeasance, malfeasance or negligence- of such public officer. § 53. Municipal corporation may bring action against its officers. Any municipal corporation within this state, or any civil division of this- state, which has been or shall be compelled to pay any negotiable bond, or any coupon originally attached to such bond, by the judgment of a court of competent jurisdiction, because of the misfeasance, malfeasance or negli- gence of any public officer or agent of such municipal corporation or civil division, may within three years from the time when such payment shall have been compelled as aforesaid, begin an action against any such officer in any court of competent jurisdiction and recover the amount so paid with, interest from the time of such payment. § 54. Statute of limitation; order of arrest. No limitation of the time for commencing an action shall affect any of the actions hereinbefore mentioned except as herein provided, and in such action an order of arrest and an execution against the person of the de- fendant may be issued in the manner and form provided by the code of civil procedure against a person who shall have wrongfully misappropriated, money held by him in a fiduciary capacity. § 55. Appeals. 55. Appeals. In any suit or action upon any coupon hereinbefore mentioned, or upon.' »t t Tinn/To i»oToiTiTip-fnTp TTTpnfinnpfT nr tn mpnvpr any damages hereinbefore- 262 The Village Laws of JKew Yoek •mentioned, any jparty to such action shall have and is thereby granted a right of appeal, to the general term or appellate .division of the supreme court from the judgment of any trial court, or to the court of appeals, from any judgment of the general term or of the appellate division of the supreme court, although the amount in controversy in such action has been or may be less than five hundred dollars. Appeals from any inferior court to any appellate court including an appeal to the court of appeals although the amount in controversy may be less than five hundred dollars, from any judgment in any suit or action to recover against any municipal corpora- ■fcion or civil division of this state upon any negotiable bonds or upon any ■coupon originally attached thereto, issued or put in circulation by the agents or officers of such municipal corporation or civil division of this state, may be taken by any person who has been or shall be bound as a privy by such judgment within sixty days after such privy shall have been served by any of the parties to such civil action, with a copy of the said judgment and with a written notice of the entry thereof, and said appeal may be taken in the name of such party without entering an order of substitution as •such party by said person so bound as a privy, upon his giving the seourity and serving the notices of appeal prescribed by the code of civil procedure concerning an appeal by a party to such an action, and also upon giving to the party in whose name such an appeal is taken an undertaking with two sufficient sureties conditioned in the penal sum of five hundred dollars, to save such party to such action in whose name such appeal shall be taken harmless of and from all costs and disbursements which raay be recovered against him upon such appeal, which said undertaking shall be approved as to its form and as to the sufficiency of the sureties thereon by justices of the supreme court. Said appeal when so taken by said privy shall be con- ducted and determined in the same manner as if taken by said party of the said action except as herein otherwise provided. ARTICLE 5. Bowers, Limitations and Liabilities. Section 70. iPayment of judgments against municipal corporation. 71. .Liability for damages by mobs and riots. .72. Acquisition of lands for erection of monuments. 72a. Acquisition and development of forest lands. 73. Cities and villages may hold property in trust for certain pur- poses. 74. Condemnation of real property. 75. Limitation on acquisition of water rights in Dutchess county. 76. Limitation on acquisition of water rights in Westchester «nft "Putnam counties. 77. Leases of public buildings to Grand Army>po8ts. 78. Insurance of property. 79. Free public libraries. 80. Discrimination against non-residents. 81. Teddling and hawking farm produce. 82. Levy to pay a final judgment; to be in addition to amount authorized by law; money to be paid to judgment creditor. 83. Limitation as to amount of money to be raised; special pro- vision in "New "York ^^^^^^^^^^^^^^^^^^""^^^^^^^™ The Village Laws of New York 263 i 84. Refunding illegal assessments. 85. Licenses to conduct transient retail business. 86. Contracts not to assign contracts with municipality without its consent. 87. Support and maintenance of charitable and other institutions. 88. Separate specifications for certain contract work. 5 70. Payment of judgments against municipal corporation. When a final judgment for a, sum of money shall be recover? .1 rjain^t & municipal corporation, and the execution thereof shall not be stayed pursuant to law, or the time for such stay shall have expired, the treasurer or other financial officer of such corporation having sufficient moneys in his hands belonging to the corporation not otherwise specifically appropriated, shall pay such judgment upon the production of a certified copy' of the docket thereof. § 71. Liability for damages by mobs and riots. A city or county shall be liable to a person whose property is destroyed. or injured therein by a mob or riot, for the damages sustained thereby, if the consent or negligence of such person did not contribute to such destruc- tion or injury, and such person shall have used all reasonable diligence to prevent such damage, shall have notified the mayor of the city, or sheriff of the county, of a, threat or attempt to destroy or injure his property by a mob or riot, immediately upon acquiring such knowledge, and shall bring an action therefor within three months after such damages were sustained. A mayor or sheriff receiving notification of a threat or attempt to destroy or injure property by a mob or riot shall take all lawful means to protect such property; and if he shall neglect or refuse, the person whose property shall be destroyed or injured, may elect to bring his action for damages against such officer instead of the city or county. § 72. Acquisition of lands for erection of monuments. The governing board of a village or town, or the trustees of a monument association, may acquire not to exceed three acres of land, for the erection of a soldiers' monument, or a monument or other structures as a memorial of some distinguishing or important event in the history of the state or nation, and for laying out such lands as a public park or square, if such lands are vacant or have buildings thereon not exceeding two thousand five hundred dollars in value, and if a judge of the county, or a, justice of the supreme court of the district, in which such memorial is to be erected, shall give his written approval of the acquisition of such lands for such purpose. g 72a. Acquisition and development of forest lands. The governing board of a county, town or village may severally acquire for such county, town or village, by purchase, gift, lease or condemnation, and hold as the property of such municipality, tracts of land having forests. or tree growth thereon, or suitable for the growth of trees, and may appro- priate therefor the necessary moneys of the county, town or village for which the lands are acquired. Such lands shall be under the management and con- 263a The Village Laws of New Yoek trol of such board and shall be developed and used for the planting and rearing of trees thereon and for the cultivation thereof according to the principles of scientific forestry, for the benefit and advantage of the county, town or village. The determination of any such board to acquire lands under the provisions of this section shall be by resolution; but the question of the final adoption of such resolution shall be taken up by the board only after public notice thereof has been published for at least two weeks, as follows: If it be a resolution of a board of supervisors, the publication shall be made in the newspapers in which the session laws and concurrent resolutions are required to be published; if it be a resolution of a town board or of a board of trustees of a village, the publication shall be made in a newspaper pub- lished in the town or village, respectively. The board shall give a hearing to all persons appearing in support of or in opposition to such proposed resolu- tion. If it be determined to purchase such lands the moneys necessary there- for may be provided as follows: If the acquisition be by a county, the board of supervisors may cause such moneys to be raised by taxation and levied and collected as other county taxes or may borrow money therefor on the credit of the county by the issuance and sale of county bonds in the manner provided by law for the issuance and sale of other county obligations; if the acquisition be by a town, the moneys necessary therefor shall constitute a town charge and be raised by taxation as other town charges, or, the town board may in its discretion, cause town bonds to be issued and sold in the manner provided by law for the issuance and sale of town bonds, under the town law, to pay judgments; if the acquisition be by a village, the moneys therefor may be raised by taxation, as other village taxes, or by the issu- ance and sale of village bonds in the manner provided by the laws govern- ing such village relating to village obligations, after the adoption of a resolu- tion therefor by the board of trustees, without other authorization. All revenues and emoluments from lands so acquired shall belong to the munici- pality and be paid to its chief fiscal officer for the purposes of such munici- The Village Laws of New York 263b pality and in reduction of taxation therein. Such forest lands shall be subject to such rules and regulations as such governing board of the muni- cipality shall prescribe; but the principal object to be conserved in the main- tenance of such lands shall be the sale of forest products in aid of the public revenues and the protection of the water supply of the municipality. Such lands or portions thereof may be sold and conveyed, or leased, if a resolution therefor be adopted by the affirmative vote of two-thirds of all the mem- bers of such governing board; but no such resolution directing an absolute conveyance shall be effectual unless adopted after a public hearing, held upon notice given in the manner required in the case of » resolution to ac- quire such lands. A deed of conveyance or lease of such lands, when au- thorized as aforesaid, shall be executed by the county treasurer of the county, supervisor of the town or president of the village by which the conveyance or lease is made. Moneys may be appropriated for the care and maintenance of such lands and the development and use of forests thereon annually, by the county, town or village, respectively, and the amount thereof raised by taxation in the same manner that other expenditures of such county, town, or village are provided for by law. Added by L. 1912, ch. 74. In effect Mar. 26, 1912. § 73. Cities and villages may hold property in trust for certain purposes. Real and personal estate may be granted and conveyed to the corporation of any city or village of this state, to be held in trust for any purpose of education, or the diffusion of knowledge, or for the relief of distress; or for parks, gardens, or other ornamental grounds, or grounds for the purposes of military parades and exercise, or health and recreation, within or neir such incorporated city or village, upon such conditions as may be prescribed by the grantor or donor, and agreed to by such corporation; and all real estate so granted or conveyed to such corporation, may be held by the same, subject to such conditions as may be prescribed and agreed to as aforesaid. 204 The Village Laws of Xew Yoek § 74. Condemnation of real property. A municipal corporation authorized by law to take and hold real property for the uses and purposes of the corporation, may, if it is unable to agree with the owners for the purchase thereof, acquire title to such property by condemnation. § 75. Limitation on acquisition of water rights in Dutchess county. Notwithstanding the provisions of any general or special law, a municipal or other corporation shall not have power to acquire by condemnation for the purpose of increasing or improving its water supply, any stream or water, situated outside the boundaries of such municipal corporation, that flows through the town of Fishkill, Wappingers or Poughkeepsie into the Hudson river, which stream or water affords the chief source of power to, or is necessary in the process of manufacturing, washing or dyeing in, a mill situated in a city or village within the county of Dutchess, the in- habitants whereof are chiefly dependent on such mill for employment and support. i 76. Limitation on acquisition of water rights in Westchester and Putnam counties. ' Notwithstanding the provisions of any general or special law, a municipal or other corporation not situated within the county of Westchester or the county cf Putnam shall not have power to acquire by condemnation, for the purpose of increasing or improving the water supply of any such cor- poration, or for supplying the inhabitants thereof with water, any lands, easements, streams of water, or water rights within the county of West- chester or the towns of Carmel and Putnam Valley in the county of Putnam, except that this section shall not apply to the contemplated reservoir known as the Cross river reservoir, nor to the contemplated reservoir at or near Croton falls, nor to the contemplated acquisition of land in the vicinity of Rye lake; nor shall this section operate to prevent the city of New York from acquiring real estate in said counties necessary for the purpose of constructing, maintaining and operating aqueducts, dams, reservoirs, culverts, sluices, canals, bridges, tunnels, pumping works, blow-offs, shafts, niters and appurtenances for the purpose of conveying to the city of New York and to the said counties, water from sources outside of the said counties, or for the purpose of connecting supplies of water already established within said counties. Amended by L. 1909, ch. 240, in effect April 22, 1909. § 77. Leases of public buildings to Grand Army posts. A municipal corporation may lease, for not exceeding five years, to a post or posts of the Grand Army of the Republic, or other veteran organization of honorably discharged union soldiers, sailors or marines, a public buildin<* or part thereof, belonging to such municipal corporation, except school-houses in actual use as such, without expense, or at a nominal rent, fixed by the board or council having charge of such buildings. § 78. Insurance of property. Public officers having by law the care and custody of the public buildings and other property of a. municipal corporation, may insure the same at the expense and for the benefit of such corporation. The Village Laws of New Yoek 265 5 79. Free public libraries. Any municipal corporation may establish and maintain a free public library or museum in accordance with the library provisions of sections ten hundred and twenty-seven to ten hundred and forty-four, both inclusive of educa- tion law. § 80. Discrimination against non-residents. Any restriction or regulation imposed by the governing board of a munic- ipal corporation upon the inhabitants of any other municipal corporation within this state, carrying on or desiring to carry on any lawful business or calling within the limits thereof, which shall not be necessary for the proper regulation of such trade, business or calling, and shall not apply to citizens of all parts of the state alike, except ordinances or regulations in reference to traveling circuses, shows and exhibitions, shall be void. § 81. Peddling and hawking farm produce. The governing board of a municipal corporation shall not by ordinance •or otherwise regulate or prohibit the pursuit or exercise of hawking and ped- dling farm produce except hay and straw within the limits of any such municipal corporation, if such farm produce is hawked or peddled by the producer thereof, or his servants or employees; nor shall the governing board of any such municipal corporation pass an ordinance requiring such pro- ducer of farm produce to secure a license for peddling and hawking such farm produce within the limits of such municipal corporation. Nothing con- tained herein shall affect any pending action or proceeding to recover pen- alties imposed for violations of existing ordinances and regulations. Nothing in this section shall be construed to permit wagons from which farm produce is sold to stand in front of stores or private residences for a longer time than may be necessary for the sale and delivery of produce purchased by the occupants of such stores or residences; nor to permit the congregating of such wagons upon any street or thoroughfare not set apart by the municipality as a public market for the sale of farm produce. This section shall not apply to cities of the first class. § 82. Levy to pay a final judgment; to be in addition to amount authorized by law; money to be paid to judgment creditor. If a final judgment for a sum of money, or directing the payment of money shall have been, or shall hereafter be recovered against any county, town, city or incorporated village within this state, and the same remains, or shall hereafter remain unpaid, and the execution thereof is not, or shall not be stayed as required by law, or if so stayed, the stay has expired, or shall hereafter expire, it shall be the duty of the board of supervisors, if the judgment is, or shall be, recovered against a county or town, or of the common council of the city, or the board of trustees of the village, if the judgment is, or shall be, recovered against a city or an incorporated village, and the said board of supervisors, common council or board of trustees is hereby empowered to assess, levy, and cause to be collected at the same time and in like manner as other moneys for the necessary expenses of the county, town, city or village, as the case may be, are then next thereafter to be assessed, levied and collected, and in addition to the moneys now authorized by law to be assessed, levied and collected for that purpose, a sum of money 266 The Village Laws or New Yoek sufficient to pay the said judgment with the interest thereupon, and the fees and expenses chargeable by law upon the execution, if any, issued to- collect the same. The moneys so assessed and levied as soon as collected and paid to the proper receiving and disbursing officer, or so much thereof as may be necessary, shall, from time to time, be paid by him to the judg- ment creditor, administrator or assignee, or other person entitled to receive the same by reason of the said judgment, without any deduction for his fees or commissions. § 83. Limitation as to amount of money to be raised; special provision in New York City. No restriction or limitation imposed by law as to the sum to be raised in any year in any city or village shall apply to the moneys to be raised for the purposes specified in the last preceding section; but the said moneys shall be raised in addition to any sum so restricted or limited. In the city of New York the powers and duties devolved upon the common, council of a city by section eighty-two of this chapter shall be exercised by the board of estimate and apportionment. § 84. Refunding illegal assessments. Whenever an assessment for a local improvement has been annulled by the judgment or order of any court any sum of money which has been hereto- fore or shall be hereafter paid thereon, may be refunded with interest from the time of such payment. If not so refunded within one year, from the time of such judgment or order annulling such assessment, an action may be-, maintained to recover such sum with interest thereon. § 85. Licenses to conduct transient retail business. No person whether acting as principal or as agent for another, shall con- duct a transient retail business in any store in any city of the third class,, village or town of this state for the sale of goods which shall be represented or advertised as a bankrupt stock, or as assigned stock, or as goods damaged by fire, water or otherwise, or by any such like representation or device, without first taking out a license therefor from the mayor of such city,, president of such village or the supervisor of such town. The amount of the fee for such license in any city shall be fixed by resolution duly passed by the board of aldermen or common council, and in a village by resolution duly passed by the board of trustees of such village; and in a town by resolution of the town board of such town. Such fee shall not be less than twenty-five dollars nor more than one hundred dollars per month in a city or an incorporated village, and not less than ten dollars nor more than fifty dollars per month in a town. No such license shall be issued for a less period than one month and it shall be renewed monthly during the con- tinuance of such business. The sum paid as license fees shall, in a city or village, be paid to the treasurer of such city or village, and in a town to the supervisor thereof, to be used for city, village or town purposes. Any person as principal or agent conducting a transient retail business as described in this section, without obtaining a license therefor, shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum of not less than one hundred dollars nor more than two hundred dollars, and in default of the payment thereof shall be imprisoned for a period of not more than sixty days. The Village Laws of New York 267 5 86. Contractors not to assign contracts with municipality without its consent. A clause shall be inserted in all specifications or contracts hereafter made or awarded by any municipal corporation, or any public department or offi- cial thereof, prohibiting any contractor, to whom any contract shall be let, granted or awarded, as required by law, from assigning, transferring, con- veying, subletting or otherwise disposing of the same, or of his right, title or interest therein, or his power to execute such contract to any other per- son, company or corporation, without the previous consent in writing of the department or official awarding the same. If any contractor, to whom any contract is hereafter let, granted or awarded, as required by law, by any municipal corporation in the state, or by any public department or official thereof, shall, without the previous written consent specified in the first paragraph of this section, assign, trans- fer, convey, sublet or otherwise dispose of the same, or his right, title or interest therein, or his power to execute such contract, to any other person, company or other corporation, the municipal corporation, public department, or official as the case may be, which let, made, granted or awarded said contract shall revoke and annul such contract, and the municipal corpora- tion, public department or officer, as the case may be, shall be relieved and discharged from any and all liability and obligations growing out of said contract to such contractor, and to the person, company, or corporation to whom he shall assign, transfer, convey, sublet or otherwise dispose of the same, and said contractor, and his assignee, transferee, or sub-lessee, shall forfeit and lose all moneys, theretofore earned under said contract except so much as may be required to pay his employees; provided, that nothing herein contained shall be construed to hinder, prevent or affect an assign- ment by such contractor for the benefit of his creditors, made pursuant to the statutes of this state. § 87. Support and maintenance of charitable and other institutions. Boards of estimate and apportionment, common councils, boards of alder- men, boards of supervisors, town boards, boards of trustees of villages and all other boards or officers of counties, cities, towns and villages, authorized to appropriate and to raise money by taxation and to make payments there- from, are hereby authorized, in their discretion, to appropriate and to raise money by taxation and to make payments from said moneys, and from any moneys received from any other sourse and properly applicable thereto, to- charitable, leemosynary, correctional and reformatory institutions wholly or partly under private control, for the care, support and maintenance of their inmates, of the moneys which are or may be appropriated therefor; such payments to be made only for such inmates as are received and retained therein pursuant to rules established by the state board of charities; except that boards of trustees of villages and town boards of towns in which there is no hospital located, and which are situated upon and adjoin the bound- ary line of a neighboring state, are hereby authorized, in their discretion, to appropriate and to raise money by taxation and to make payments from said moneys, and from any moneys received from any other source and properly applicable thereto, to hospitals in such adjoining state for the purpose of maintaining a bed or beds in such hospital for the benefit of and to be used exclusively by the inhabitants of such village or town. Boards of trustees of villages and town boards of towns situate upon the boundary line of a neighboring state, which have appropriated and raised money by taxation for the purpose of maintaining a bed or beds in a hos- pital in such adjoining state and have not paid the same, are hereby author- ized to use said money for the purpose for which it was appropriated and raised. Payments to such hospital in an adjoining state shall be made only 268 The Village Laws of New Yoke: for such inmates as are received and retained therein pursuant to rules established by the state board of charities. § 88. Separate specifications for certain contract work. Every officer, board, department, commission or commissions, charged with -the duty of preparing specifications or awarding or entering into contracts for the erection, construction or alteration of buildings in any county or city, or the borough of any city, when the entire cost of such work shall exceed one thousand dollars, must have prepared separate specifications for each of the following branches of work to be performed. 1. Plumbing and gas fitting. 2. Steam heating, hot water and ventilating apparatus. Such specifications must be so drawn as to permit separate and independent lidding upon each of the classes of work enumerated in the above subdivisions. All contracts hereafter awarded by any county, city or borough, or a depart- ment, board, commission, or commissioner or officer thereof, for the erection, •construction or alteration of buildings or any part thereof, shall award the respective work specified in the above subdivisions separately to responsible and reliable persons, firms or corporations. Nothing in this section shall be construed to prevent the authorities in charge of any county or municipal building from performing any such branches of work by or through their regu- lar employees, or in the case of public institutions, by the inmates thereof. Added by L. 1912, Ch. 514. On effect Sept. 1, 1912. ARTICLE 6. Public Health and Safety. Section 120. Contracts for purification of water and sewerage. 121. Establishment and maintenance of free public baths. 122. Refusal to take persons to hospitals prohibited. 123. Erection and operation of life-saving apparatus. 124. Supervision and charge of apparatus. 125. Cost and expense of operation. 126. Establishment of public general hospitals. 127. Appointment and terms of office of managers. 128. General powers and duties of managers. 129. General powers and duties of superintendent. 130. Admission and maintenance of patients. 131. Training school for nurses. 132. Room for detention and examination of persons who are sus- pected of being insane. 133. Visitation and inspection. 134. Existing town, city or village public general hospitals. 135. Application of preceding sections. 135a. Workshops in connection with tuberculosis hospitals. | 120. Contracts for purification of water and sewerage. The local authorities of the several cities, towns and villages of the state having charge of the supply of water and the care of sewerage in their re- spective localities, are hereby authorized, on behalf of their cities, towns and villages, respectively, to enter into contracts with the owners of any process or apparatus for the purification of water and sewerage whether protected by patents or not, and either contract for the use of apparatus and process for a term of years or for the purchase of the same, as to them shall seem advisable. § i2i. Establishment and maintenance of free public baths. All cities of the first and second class shall establish and maintain such number of free public baths as the local board of health may determine to be necessary; each bath shall be kept open not less than fourteen hours for each day and both hot and cold water shall be provided. The erection and maintenance of river or ocean baths shall not be deemed a compliance with the requirements of this section. Any city, village or town having less than fifty thousand inhabitants may establish and maintain free public See Bender's Health Officers' Manual, also Parker and Worthington's Law of Public Health and Safety. The Village Laws of New Yoke 269 baths, and any city, village or town may loan its credit or may appropriate of its funds for the purpose of establishing such free public baths. 5 122. Refusal to take persons to hospital prohibited. In any city, county, town or village of this state wherein exists, or is hereafter created, an ambulance system, supported wholly or partly at public expense, or which is wholly or partly under the care, management or control of the public authorities, no person in charge of an ambulance, hospital, or house or place of reception for the sick or injured, shall refuse, in answer to a call or demand for an ambulance, if such call has been answered by the attendance of an ambulance, to take such person for whom a call may be made to the hospital or place of reception for the sick or injured from which the ambulance came, for examination and treatment by the house authorities of the said hospital or place of reception for the sick or injured. Any person neglecting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor. This section shall apply to the drivers of and to the physician in charge of an ambulance. I 123. Erection: and operation of life-saving apparatus. The common council of any city, the board of trustees of any incorporated village and the town board of any town in this state, may upon the appli- cation of ten or more taxpayers furnish, erect and locate such life-saving apparatus, appliances and paraphernalia, and do all things necessary for the practical operating of the same as they may deem advisable, along the shores or banks of any streams, rivers or waters within their respective boundaries. 5 124. Supervision and charge of apparatus. All life-saving apparatus, appliances and paraphernalia furnished and erected as provided by section one hundred and twenty-three shall be under the supervision and charge of the respective common council, board of trus- tees and town board so directing the furnishing and erecting of the same, and they shall be invested with the power to make such rules and regula- tions as they may deem proper for the proper maintenance, care and operat- ing of the same, and for the improving, altering or changing of the same at any time when in their judgment they deem it in the interest of their respective localities so to do. § 125. Cost and expense of operation. The cost and expense of the furnishing, erecting, care and operating of the apparatus, appliances and paraphernalia as provided by section one hun- dred and twenty-three, shall be paid in like manner as other debts and obligations of the city, village and town furnishing, erecting, maintaining and operating the same. § 126. Establishment of public general hospitals. The governing board of any town, city or village may by resolution de- termine that there shall be in said town, city or village a public general hospital for the care and treatment of the sick. In any city in which a board of estimate and apportionment or other board is required to approve 270 The Village Laws of New Yoek appropriations for public purposes, the resolution of the governing board to establish a public general hospital shall be effective only after the neces- sary appropriation for lands and buildings for suclj public general hospital shall have been approved by said board of estimate and apportionment or other board, in the same manner and by the same vote by which it is re- quired by law to approve other appropriations for public purposes. In any town, or in any city of the third class, or in any village, the resolution of the governing board to establish a public general hospital shall be effective only after the necessary appropriation for lands and buildings for such pub- lic general hospital shall have been approved at a town, city or village elec- tion by a majority of the voters qualified to vote upon a proposition to raise town, city or village funds. When the governing board of any town, city or village shall have voted to establish a public general hospital and the- estimated expenditure for lands and buildings shall have been approved as- hereinabove provided, such governing board shall have the following powers: 1. To purchase and lease real property therefor, or acquire such real prop- erty an'd easements therein by condemnation proceedings in the manner pre- scribed in the condemnation law, in any locality within the jurisdiction of such governing board. 2. To cause to be assessed, levied and collected such sums of money as shall have been approved as hereinbefore provided for suitable lands and buildings, and as it shall deem necessary for equipment and improvements for said hospital, and for the maintenance thereof, and for all other neces- sary expenditures therefor; and to borrow money for the purchase of a site and for the erection and equipment of such hospital on the credit of the town, city or village of which it is the governing board, and issue obligations- therefor, in such manner as it may do for other town, city or village pur- poses, respectively. 3. To accept and hold in trust for the town, city or village of which it is the governing board, any grant or devise of land, or any gift or bequest of money or other personal property, or any donation to be applied, prin- cipal or income, or both, for the benefit of said hospital, and apply the same in accordance with the terms of the gift. Added by L. 1910, ch. 558, in effect June 21, 1910. § 127. Appointment and terms of office of managers. ^Yhen a governing board of a town, city or village shall have determined to establish u public general hospital for the care and treatment of the sick,, the supervisor of the town, the mayor of the city or the president of the board of trustees of the village shall appoint five citizens of the town, city or village, respectively, who shall constitute a board of managers of the said hospital. The term of office of each member of said board shall be five years, and the term of one of such managers shall expire annually; the first appoint- ments, however, being made for the respective terms of five, four three two and one years. Appointments of successors shall be for the full term of five years, except that the appointment of a, person to fill a vacancy occurring by death, resignation or cause other than the expiration of a term shall be made for the unexpired term. Failure of any manager to attend three con- secutive meetings of the board shall cause a vacancy in his office, unless said absence is excused by formal action of the board of managers. The man- agers shall receive no compensation for their services, but shall be allowed' The Village Laws of New Yoek 271 their actual and necessary traveling and other expenses, to be audited by the governing board, and paid in the same manner as the other expenses of the hospital. Any manager may be removed from office at any time by the ap- pointing authority after having received notice in writing of the cause of the proposed removal and after an opportunity te be heard thereon. The treasurer of the town, city or village by which the hospital is maintained shall be treasurer of the hospital. Added by L. 1910, ch. 558, in effect June 21, 1910. § 128. General powers and duties of managers. The board of managers shall: 1. Elect from among its members annually a president, a vice-president, And a secretary. It shall appoint a superintendent of the hospital, who shall not be a member of the board of managers, and who shall hold office at the pleasure of said board. 2. Erect all necessary buildings; make all necessary improvements and repairs and alter any existing buildings, for the use of said hospital, pro- vided that all expenditures for new buildings or alterations, other than ordi- nary repairs, shall first be authorized by the governing board of the town, •city or village and the plans thereof approved by the state board of charities. 3. Fix the salary of the superintendent and the number and salaries of all other employees, within the limits of the appropriation made therefor by the governing board, and such salaries shall be compensation in full for all services rendered. The board of managers may determine the amount of time required to be spent at the hospital by said superintendent in the discharge of his duties. 4. Provide for the medical care and treatment of all persons admitted to the hospital; and shall appoint and may at pleasure remove resident, visit- ing and consulting physicians and surgeons; and shall establish rules and regulations governing the service thereof. 5. Having the general superintendence, management and control of the said hospital and of the grounds, buildings, officers, employees and inmates "thereof; and of all matters relating to the government, discipline, contracts and fiscal concerns thereof; and make such rules and regulations as may seem to them necessary for carrying into effect the purposes of such hos- pital. 6. Maintain an effective inspection of said hospital, and keep itself in- formed of the affairs and management thereof; shall meet at the hospital at least once in every month, and at such other times as may be prescribed in the by-laws; and shall hold its annual meeting at least three weeks prior -to the meeting of the governing board at which appropriations for the ensuing year are to be considered. 7. Keep in a book provided for that purpose a proper record of its pro- ceedings, which shall be open at all times to the inspection of its members, -of the members of the governing board and of duly authorized represen- tatives of the state board of charities. 8. Certify all bills and accounts, including salaries and wages, and trans- mit them to the governing board, who shall provide for their payment in the same manner as other charges against the town, city or village. 9. Make to the governing board of the town, city or village by which the hospital is maintained, at such times as said board shall direct, a detailed. 272 The Village Laws cf Xew Yobs annual report of the operations of the hospital, the number of patients re- ceived, the methods and results of their treatment, and such other matters as may be required of them. Such reports shall include full and detailed estimates of the appropriations required during the ensuing year for all purposes, including maintenance, erection of buildings, repairs, improve- ments and other necessary purposes. Added by L. 1910, ch. 558, in effect June 21, 1910. § 129. General powers and duties of superintendent. The superintendent shall be the chief executive officer of the hospital and, subject to the by-laws, rules and regulations thereof, and to the general control of the board of managers, shall: 1. Equip the hospital with all necessary furniture, appliances, fixtures and other needed facilities for the care and treatment of patients and for the- use of officers and employees thereof, and purchase all necessary supplies. 2. Have general supervision and control of the records, accounts, and buildings of the hospital and all internal affairs, and maintain discipline therein, and enforce compliance with, and obedience to, all rules, by-laws and regulations adopted by the board of managers for the government, discipline- and management of said hospital, and the employees and inmates thereof. He shall make and enforce such further rules, regulations and orders as he- may deem necessary, not inconsistent with law, or with the rules, regula- tions and directions of the board of managers. 3. Appoint such employees as he may think proper and necessary for the: efficient performance of the business of the hospital, and prescribe their duties; and for cause stated in writing, after an opportunity to be heard, discharge any such employee at his discretion. 4. Cause proper accounts and records of the business operations of the hospital to be kept regularly from day to day, in books and on forms pro- vided for that purpose; and see that such accounts and records are correctly made up for the annual report of the governing board, as required by sub- division seven of section one hundred and twenty-eight of this chapter, and present the same to the board of managers, who shall incorporate them in their annual report to the said governing board. 5. Receive into the hospital, under rules established by the board of man- agers, any person in the town, city or village who is sick or maimed or injured and who is in need of hospital care, irrespective of whether such person is able to pay for his care or not; and may also receive persons from without the town, city or village, provided there is a vacancy in the hos- pital, and provided the reception of such persons does not interfere with the proper care and treatment of persons received from the town, city or village. 6. Cause to be kept proper records of the admission of all patients, their name, age, sex, color, marital condition, residence, occupation, place of last employment and the names and addresses of their nearest relatives or friends. He shall also cause a careful examination to be made of the phvsical con- dition of all persons admitted to the hospital; and shall cause » record to- be kept of the condition of each patient when admitted, and from time to time thereafter. 7. Discharge from said hospital any patient who is found to have recovered from his illness sufficiently to be no longer in need of hospital care, or who The Village Laws of !N"ew Yoek &73 shall wilfully or habitually violate the rules thereof, or who for any other jeason is no longer a suitable patient for treatment therein; and shall make a full report thereof at the next meeting of ,the board of managers. 8. Collect and receive all money due the hospital, keep an accurate ac- count of the same, report the same at the ensuing monthly meeting of .the board of managers, and transmit the same within ten days after such meeting to the treasurer of the town, city or village by which the hospital is maintained. 9. Give a bond before entering upon the discharge of his duties, in such sum as the board of managers may determine, to secure the faithful per- formance of such duties. Added by L. 1910, ch. 558, in effect June 21, 1910. § 130. Admission and maintenance of patients. Whenever a ,patient shall have been admitted to such hospital, the super- intendent shall cause to be made such inquiry as he may deem necessary, relative to the ability of such patient, or of the relatives of such patient legally liable for his support, to pay for his care and treatment. If he find that such fpatient, or said relatives, are able to pay for his care and treat- ment in whole or in part, an order shall be made by the superintendent directing such patient, or said relatives, to pay to the treasurer of such hospital for the support of such patient a specified sum per week, iin pro- portion to their financial ability, but such sum shall not exceed the actual cost of maintenance. The superintendent shall have the same .power and authority to collect such sums ffrom the patient, or his relative's legally liable for his support, as is possessed :by an overseer of the poor in like circumstances. If 'the superintendent find that such patient, or said rela- tives, are not able to pay, .either in whole or in part, for his care and treat- ment in such hospital, the unpaid cost of his maintenance shall become a charge upon the town, city or village by which the hospital is maintained; provided, however, , that in case such patient is not a resident, of said town, • city or village, the cost of his .maintenance shall be a charge upon the civil division of the state upon which he would be a charge as a poor person. No employee of such hospital shall accept from any patient thereof any fee, ipayment or gratuity whatsoever for his service. Added ! by L. 1910, eh.. 558, in effect June 21, 1910. ■§ 131. Training school for nurses. ,The 'board < of .managers, of any hospital under this. act. may establish, and •maintain in connection therewith and as a ,part of the , public .hospital a 'training school for nurses. The board may, in its discretion, appoint .an advisory 'board 'for such training sehool and define the functions of such, advisory board. Added by L. 1910, el;. 5o8, in effect June 21, 1910. 1 132. Room for .jieteiition and, examination of pers.oflS' who , are .suspected /Of being insane. The board qf managers may provide a suitable room for the temporary detention, observation and care . of persons who are suspected of being in- sane and shall do so upon the direction of ,tjie, governing board or of the state commission in lunacy; provided, however, that the state .commission 274 The Village Laws of New Yokk in lunacy before making such direction shall give to both the board of man* agers and the governing board due notice and opportunity to be heard thereom. Added by L. 1910, Oh. 558, in effect June 21, 1910. § 133. Visitation and inspection. Members of 'the board of managers shall be admitted to every part of the hospital and premises, and shall have access to all books, papers, accounts and records pertaining to the hospital and shall be furnished with copies, abstracts and reports whenever required by them. All hospitals established or maintained under the provisions of sections one hundred and twenty-six, one hundred and twenty-seven, one hundred and twenty-eight, one hundred, and twenty-nine, one hundred and thirty, one hundred and thirty-one, one hundred and thirty-two, one hundred and thirty-three and one hundred and thirty-four of this act shall be subject to inspection by any duly authorized representative of the state board of charities, of the state charities aid association, and of the governing board of the town, city or village by which the hospital is maintained; and the resident officer in charge shall admit such representatives into every part of the hospital and premises, and give them access on demand of all records, reports, books, papers and accounts, pertaining to the hospital. Added by L. 1910, ch. 558, in effect June 21, 1910. S 134. Existing town, city or village public general hospitals. Wherever a town, city or village has, previous to the passage of 'this act,, established a public general hospital, the governing board of said town, city or village may by resolution provide that thereafter such hospital shall be controlled and maintained in accordance with the provisions of this act. Any public general hospital which may hereafter be established by any governing board of any town, city or village shall be subject to all the pro- visions of sections one hundred and twenty-six to one hundred and thirty- four, inclusive, of this chapter. Added by L. 1910, ch. 558, in effect June 21, 1910. § 135. Application of preceding sections. Sections one hundred and twenty-six to one hundred and thirty-four, both inclusive, shall not apply to the city of New York. Added by L. 1910, oh. 558, in effect June 21, 1910. f 135-a. Workshops in connection with tuberculosis hospitals. Any municipal corporation maintaining a hospital or a sanatorium for the treatment of tuberculosis may establish and maintain workshops in connec- tion therewith for the production of articles or supplies required by such hos- pital or sanatorium, or by any other institution or department of such municipality. Except in a supervisory capacity no person shall be employed in such workshop or workshops unless he is or shall have been a patient suffer- ing from tuberculosis in such hospital or sanatorium. The appropriate munici- pal authorities may appropriate or provide funds for the establishment and maintenance of the said workshops in the same manner as for the estab- lishment and maintenance of such hospital or sanatoria. Notwithstanding the provisions of the prison law in relation to the sale of articles manufac- tured in the state prisons, the products of such workshop may be used in such hospital or sanatorium or by any other institution or department of such municipality. Such workshops shall be under the direction' and control of the municipal authority having direction and control of the hospital or sanatorium to which they may be attached. Added by L. 1913, ch. 341, in effect Apr. 19, 1913. §§ 136.139b. (These new sections were added in 1911 by ch. 700. They relate only t» -treatment of public intoxication in cities and not in villages.) ARTICLE 7. Trusts for Parks and Libraries in Tillages and Towns. Section 140. Trusts for public parks and libraries. 141. Trustees a corporation. 142. Eligibility of trustees. 143. Management and appropriation of property. 144. Parks and libraries to be free. 145. Subject to visitation of supreme court. 146. Devises and bequests restricted. The Village Laws of New Yokk 275 5 140. Trusts for public parks and libraries. It shall be lawful to grant and devise real estate, and to give and bequeath personal property to trustees and their successors in trust, for the purpose of creating, continuing and maintaining, according to the terms, conditions and provisions of such grant, gift, devise or bequest, one or more public parks, or a public library, or for the purpose of aiding and instructing chil- dren, or for any one or more of such purposes, in any city, village or town of this state. The number of such trustees shall not be less than three nor more than nine. Amended by L. 1910, ch. 163, in effect April 25, 1910. § 141. Trustees a corporation. Whenever any grant, gift, devise or bequest shall have been made, under the provisions of this article, such trustees shall thereupon become and be a body politic and corporate with the name which shall have been specified by the donor in making the donation, and with a number of trustees, within the foregoing limits, named by the donor ; and such corporation shall have full power to take and hold all property which shall have been and also which shall thereafter be granted, given, devised or bequeathed to it as aforesaid for said uses and purposes, and shall possess the powers and be subject to the provisions and restrictions contained in general corporation law. If no name shall have been specified by the donor as aforesaid, the name of the corporation shall be such as the said trustees shall adopt, certify and file in the county clerk's office of the county in which the interested city, village or town is located. Amended by L. 1910, ch. 163, in effect April 25, 1910. 1 142. Eligibility of trustees. In case of the death of a trustee or of his resignation, removal from office, or inability to discharge the duties of his office, his place shall be deemed to be vacant, and may be filled by the remaining trustees; and, in default of their so making an appointment within three months, the appointment to fill the vacancy shall be made by the supreme court, on the petition of any inhabitant of the interested city, village or town, and after due notice to the other trustees and to the mayor of the city, president of the village or supervisor of the town. Said trustees shall be subject to removal by said court for malfeasance or misfeasance in office, upon such notice and after trial in such manner as said court shall direct. Amended by L. 1910, ch. 163, in effect April 25, 1910. § 143. Management and appropriation of property. Trustees created under the provisions of this article shall have the custody and management of all the property of such corporation, and shall appro- priate the same, so far as the terms, provisions and conditions of the dona- tions will permit, for the purpose of aiding and instructing children, or for providing suitable grounds for such a public park or parks and properly pre- paring, beautifying, embellishing and keeping up and maintaining the same, or for furnishing and supplying such library with a suitable and proper edifice, rooms, furniture, books, maps, magazines and whatever may *>e necessary to make, keep up and maintain a good and complete library, or for one or more of such purposes, and paying the expenses of the trust. 276 The Village Laws or Xew Yoek Demising lands donated to the corporation and investing and keeping money- invested at interest, and using the rents and interest therefrom for aiding and instructing children or for park purposes or library purposes, shall be deemed to be an appropriation of such property for said purposes. Amended by L. 1910, ch. 163, in effect April 25, 1910. § 144. Parks and libraries to be free. All parks and libraries existing under this article shall be free and open to the public for use and enjoyment, subject only to such reasonable rules and regulations as the trustees from time to time shall adopt and promulgate. § 145. Subject to visitation of supreme court. All corporations existing under this article, together with their books and vouchers, shall be subject to the visitation and inspection of the justices of the supreme court, or of any person or persons who shall be appointed by the supreme court for that purpose; and it shall be the duty of the trustees or a majority of them, in the month of December in each year, to make and file in the office of the county clerk of the county in which the interested city, village or town is situate, a certificate under their hands, stating the names of the trustees and officers of such corporation, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such inventory and certificate. Said trustees shall be entitled to such com- pensation as said court shall fix. Said court shall also have power to con- trol the- discretion of said trustees in determining what property may be- demised and for how long; also how much money may be invested and kept invested on interest to produce an income for the purpose of aiding and in- structing children or to keep up and maintain the parks or libraries, or either of such purposes; and also in a summary way to determine the reasonable- ness of any rules and regulations, upon complaint of any inhabitant of the interested city, village or town, and upon notice to said trustees. Amended by L. 1910, ch. 163, in effect April 25, 1910. § 146. Devises and bequests restricted. This article shall not be constiued or held to authorize any devise or. be- quest whatever, unless the' will was executed at least two months before the decease of the testator or testatrix, nor of more than one-half of the estate of the testator or testatrix over and above the payment of debts, liabilities and expenses, in case he or she shall leave a husband, wife, child, or parent him or her surviving. ARTICLE 8. Cemeteries. Section 160. Acquisition of lands for cemetery purposes. 161. Title may be acquired by condemnation. 162. Money may be borrowed for the purposs. 163. Lot owners' rights. § 160. Acquisition of lands for cemetery purposes. It shall be lawful for the common council of any city, or the trustees of - any incorporated village in this state, although such cemetery is discon- The Village Laws of New Yoek 277 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 and the proper ornamentation in connection therewith, or land for such purposes, in addition to such land as it may already hold, or is authorized to hold; and to hold, use and possess the same in like manner with the like rights, privi- leges and authority, and subject to the like duties and liabilities as apply to the other lands so held by said city or village. The provisions of this section shall not apply to the counties of New York, Kings, Queens and Westchester. § 161. Title may be acquired by condemnation. If the said common council or board of trustees shall be unable to agree with the owners of such lands for the purchase thereof, the said common council or board of trustees may proceed to acquire the title thereto in the manner prescribed by the condemnation law. The amount paid for such lands, by such common council or board of trustees as aforesaid, and all the expenses attending the same, with the expenses of fences and improving the same, shall be assessed and collected by a general tax upon all the taxable property of such city or village, in the same manner as other city or village taxes are assessed and collected. § 162. Money may be borrowed for the purpose. / The common council of said cities and the board of trustees of said villages are authorized to borrow the sum of money provided for by section one hundred and sixty-one of this article and in anticipation of the tax afore- said, or so much thereof as may be necessary to purchase the burial lot aa aforesaid, and procure a good title in fee to the same. § 163. Lot owners' rights. Lots in such cemeteries shall be held indivisible, and upon the decease of a. proprietor of such lot the title thereto shall descend to his heirs-at-law or devisees, subject, however, to the following limitations and conditions:. If he leaves a widow and children, they shall have in common the possession, care and control of such lot during her life. If he leaves a widow and no children, she shall have the possession, care and control of such lot during her life. If he leaves children and no widow, they, or the survivors of them, shall in common have the possession, care and control of such lot during the life of the survivor of them. The parties having such possession, care an:l control of such lot during the term thereof, may erect a monument and make other permanent improvements thereon. The widow shall have the fight of interment for her body in such lot, or in a tomb in such lot, and a rinilit to have her body remain permanently interred or entombed therein, except that. her body may be removed therefrom to some other family lot or tomb with the consent of her heirs. At any time when more than one person is entitled to the possession, care or control of such lot, the persons so entitled thereto shall designate in writing to the clerk of the corporation which of their number shall represent the lot and on their failure to designate, the board of trustees or directors or commissioners of the corporation or commission shall enter of record which of said parties shall represent the lot, while such failure continues. The widow may at any time release her right in such lot, but no conveyance or devise by any other person shall deprive her of such right. 278 The Village Laws of Xew Toek ARTICLE 9. Regulation of Use of Bicycles and Similar Vehicles. t Section 180. Ordinances to regulate use of bicycles and similar vehicles. 181. Limitation of power to make ordinances. 182. Security for appearance upon arrest. § 180. Ordinances to regulate use of bicycles and similar vehicles. The municipal officers and boards in the several cities, towns and villages of this state now having the authority to enact such ordinances, may pass ordinances regulating the use of bicycles, tricycles and similar vehicles on the public highways, streets, avenues, walks, parks and public places within their limits in accordance with the following provisions, and not otherwise: 1. To require all bicycles, tricycles and similar vehicles when ridden on such public highways, streets, avenues, walks or public places to have at- tached thereto or carried therewith a light of such illuminating power as to be plainly seen two hundred feet ahead, and kept lighted between one hour after sunset and one hour before sunrise; but this section shall not apply to any rider whose light has become extinguished or who is necessarily absent from his home without a light, when going at a pace not exceeding six miles an hour, when an audible signal is given as provided in subdivision two of this section, as often as thirty feet are passed over. 2. To require riders of all such bicycles, tricycles or similar vehicles to give an alarm by bell, whistle or otherwise, which may be heard one hun- dred feet distant, when about to meet or pass pedestrians and when abov.t to meet or pass other vehicles. 3. To regulate the rate of speed at which it may be lawful to ride such bicycles, tricycles or similar vehicles; provided, however, that cyclists shall not be restricted to a rate of speed slower than is allowed any other kind or class of vehicle. 4. To regulate or prohibit coasting or proceeding by inertia or momentum with the feet off the pedals; the carrying of children under five years of age upon bicycles; the observance by cyclists of such rules of the road as are established by the highway law; to permit the authorities of such municipality having charge of the public highways, streets, squares or parks, in their discretion, upon any special occasion, to grant permits to anv person or persons to ride such machines during a specified time, upon specified portions of the public streets or highways of such city, town or village, at any rate of speed, and annex such other reasonable conditions to such permits as they shall deem proper; and the said authorities of such munieipalitv mav also, under such conditions as they may deem proper, permit the use of velocipedes and other similar machines by children on any sidewalk in any public way, square or park in such municipality. 5. To regulate or prohibit the riding of any bicycles, tricycles or similar vehicles upon the sidewalks, within the limits of any city, town or village; except that no city, town or village shall have any power to prohibit the riding of any bicycles upon any sidewalk within the limits of such citv, town or village when said sidewalk shall have been or shall be hereafter constructed solely at the expense of wheelmen or cyclists by and with the consent of the officers having jurisdiction therein, unless the road or street in front of said sidewalk is paved with some smooth and permanent pave- The Village Laws op New York 279 merit like asphalt or brick, and maintained in a condition suitable for the use of cycles. The term " sidewalk," as used in this article, means any side- walk laid out as such by any city, town or village, or by the owners of the abutting lands, which is reserved by custom for the use of pedestrians, and which has been especially prepared for their use, but not including foot- paths or portions of public roads lying outside of the thickly settled parts of cities and towns which are worn only by travel, and are not improved by the public authorities, or by the abutting owners. 6. To provide that every person violating any such ordinances shall be punished by a fine not exceeding the sum of five dollars for each offense, and in case of the nonpayment of such fine, by imprisonment in the county jail not exceeding one day for each dollar of such fine, in the discretion of the court or magistrate. § 181. Limitation of power to make ordinances. No city, town or village shall have any power to make any ordinance, by- law or regulation respecting the use of bicycles or tricycles except as pro- vided in this article; and except as provided in this article, no ordinance, by-law or regulation heretofore or hereafter made by a city, town or vil- lage in respect to bicycles or tricycles shall have any force or effect. Noth- ing in this article shall affect the jurisdiction of sidepath commissioners nor the use of sidepaths. 1 182. Security for appearance upon arrest. Any person arrested for the violation of any of the provisions of any ordinance or by-law adopted as provided in this article, may tender at the time of his arrest, or at any time before the hearing thereon, either five dollars in current money, or his bicycle or similar vehicle, as security for his appearance in court to make answer to the charge of violating the pro- visions of any ordinance or by-law adopted as provided in this article; and the officer making the arrest shall accept the security which the rider may offer, as aforesaid, for his appearance, before the most convenient court or magistrate, to be specified by said officer at a time to be fixed by him not less than one day, in said city, village or town having jurisdiction of the offense, and such security shall be forthwith delivered, by such officer, to such court or magistrate. In case the person arrested shall fail to appear and answer to such charge at the time so specified or at such other time to which the matter shall have been adjourned, such security shall be forfeited, and if money, shall be disposed of in the same manner as other fines are dis- posed of by such court or magistrate; and if a bicycle or similar vehicle, it may be sold under the direction of such court or magistrate at public sale, a notice of which sale shall be posted in three public places in such city, town or village, and a copy thereof served personally or by mail upon the person who tendered the same at least six days before such sale, and five dollars of the money received upon such sale shall be disposed of in the same manner as other fines collected by such court or magistrate, and the remainder of the money received upon such sale shall be paid to the owner of such bicycle or other similar vehicle on demand. 280 The Village Laws oe New Yoek ARTICLE 10. Firemen and Policemen. Section 200. Defining qualifications of exempt volunteer firemen. 200a. Person serving in more than one company or department. 201. Eights and privileges of exempt volunteer firemen. 202. Certificate to be issued to exempt volunteer firemen. . 203. List of exempt volunteer firemen to be filed. 204. Qualifications necessary to entitle to certain "privileges. 205. Payment to representative of deceased volunteer firemen. 206. Certificate to policemen and firemen; free transportation; use of telegraph lines and telephones. 207. Penalty for improper use of certificates. § 200. Defining qualifications of exempt volunteer firemen. , An exempt volunteer fireman is hereby declared to be a person who as a member of a volunteer fire company duly organized under the laws of the state of New York shall have at any time after attaining the age of eighteen years faithfully actually performed service in the protection of life and property from fire within the territory immediately protected by the com- pany of which he is a member and while a bona fide resident and, if of full age, an elector therein for a period of five consecutive years, or, if such company shall have been sooner disbanded upon the organization of a paid fire department, for a period of at least one year and shall also have been a member of such volunteer fire company at the time it shall have been disbanded; but the limitation of one year's service shall not apply to a volunteer fireman who was a member of a fire company which was dis- banded prior to January first, nineteen hundred and two. S 200-a. Person serving in more than one company or department. When any person has served as a volunteer fireman as provided in section two hundred, for less than five years, and while in good standing in the company or department of which he was a member, has resigned therefrom or has been transferred from one company to another, he shall be entitled to a certificate as provided in section two hundred and two for the time he has actually served. And when any person has served five years as a volun- teer fireman in one or more companies or departments as provided in section two hundred, with an intermission of not more than three months between his time of service in one company or department and another, he shall be deemed an exempt volunteer fireman and entitled to all the rights of a volun- teer fireman in the same manner and to the same extent as if he had served the full period of five years in one company or department. Added by L. 1910, ch. 119, in effect April 20, 1910. § 20i. Rights and privileges of exempt volunteer firemen. In case any city, town or village in this state shall organize a paid fire department and thereby deprive any volunteer fireman who has faithfully actually performed service in the protection of life and property within the territory immediately protected by his company and while a bona fide resi- dent and if of full age an elector therein, of the right to serve a full term * So in original. See § 204. The Village Laws oe New Yobk 281 of five consecutive years such fireman shall be entitled to a full and honor- able discharge; and to all the rights and privileges granted by the laws of this state to volunteer firemen, provided, however, that if such paid de- partment has been organized since the first day of January in the year nineteen hundred and two, he shall have so served for a consecutive period of at least one year immediately preceding the installation of said paid fire department. § 202. Certificate to be issued to exempt volunteer firemen. Any person described in section two hundred or two hundred and one shall be entitled to a certificate from the company in which he served or of which he was a member at the time of its disbandment which shall show the date of the entrance of such fireman upon his service, the period of his consecutive service, that he was a bona fide resident and if of full age an elector within the territory immediately protected by his company during the time of such service, that he was honorably discharged from such com- pany after five years' consecutive service; was in good standing in his com- pany after completing such five years of consecutive service and at the time of applying for such certificate; or that he was in good standing in his company at the time of the disbandment thereof. Such certificate shall be signed by the president, captain, foreman or secretary of the company and shall be acknowledged by such officers before an Officer commissioned to take acknowledgments, and shall also have attached thereto a certificate attested by the affidavit of the secretary, clerk or other person having the custody of the company's record of membership, that the statements of fact con- tained in said certificate are true, and the affidavit and acknowledgment shall be substantially in the following form: State of New York, i v ss. County of , \ On this day of , in the year , before me per- sonally came , to me known and by me known to be the same -person described in and who executed the foregoing certificate and they severally duly acknowledged to me that they executed the same and the said being by me duly sworn, deposes and says, that he is of the company aforesaid and is the custodian of the records of its membership and that the facts above stated relating to the service and residence of the person described in such certificate are true. Notary Public. Such certificate so attested shall in all courts of the state and in the offices of all persons clothed with power of appointment or removal in the service of this state and in the several cities, counties, towns and villages thereof, be presumptive evidence of the facts therein stated. Amended by L. 1909, Ch. 240. In effect April 22, 1909. § 203. List of exempt volunteer firemen to be filed. In case of a company disbanded by the organization of a paid department in lieu thereof, the officers of every volunteer fire, engine, hose and hook and ladder company shall within ninety days after such company has been dis- banded file in the office of the clerk of the county in which said company 282 The Village Laws of New Yoek was located a list containing the name of every person who was a member of such volunteer company and who is entitled to the exemption certificate in accordance with the provisions of this article. Upon such list being filed, the county clerk of the county in which such company operated shall sign and deliver the exemption certificate provided for in this article to the person, entitled thereto whose name appears upon the list filed with him as afore- said, but the same shall, nevertheless, be attested by the secretary or clerk or other person having the custody of the membership records of the dis- banded company and in the manner specified in this article. § 204. Qualifications necessary to entitle to certain ^exemptions. No person who became a member of » volunteer fire organization within the state since the first day of January nineteen hundred and two, or who shall have thereafter become such member who shall not possess the quali- fications prescribed by this article shall be entitled to any of the exemptions and privileges secured to volunteer firemen by the civil service law of this- state. § 205. Payment to representative of deceased volunteer fireman. If an active member of a volunteer fire company in any city, incorporated, village or in any fire district of a town outside of an incorporated village, dies from injuries incurred while in the performance of his duty as such fireman within one year thereafter, the city, village or town shall pay to the executor or administrator of such person the sum of five hundred dollars. In cities such sum shall be a city charge and shall be audited and paid in the same manner as other city charges. In villages such sum shall be a village charge and shall be audited and paid in the same manner as other village charges, and shall be assessed upon the property and persons liable to taxa- tion in said village, and levied and collected in the same manner as other village taxes. If such fireman was a member of a fire company in a fire district outside of a city or an incorporated village, such sum shall be a town charge, audited and paid in the same manner as other town charges, and shall be assessed upon the property and persons in such fire district liable to taxation, and levied and collected in the same manner as other town charges. Such money shall be distributed in the manner provided by law for the distribution of personal property. § 206. Certificate to policemen and firemen; free transportation; use of tele- graph lines and telephones. The mayor of each city of this state and the president of each incorporated village may issue, under the seal of his office, to each policeman and fireman appointed by the duly-constituted authorities of such city or village, a cer- tificate of the appointment and qualification of such policeman or fireman as such, and specifying the duration of his term of office; and it shall there- upon be the duty of every street surface and elevated railroad company carrying on business within such city or village, to transport every such policeman or fireman free of charge while he is traveling in the course of the performance of the duties of his office. Every telegraph or telephone company engaged in business within such city or village, shall afford to such policeman or fireman the use of its telegraph lines or telephones for * So in original. The Village Laws of New Yoek 283. the purpose of making and receiving reports and communications in the- course of the performance of his official duties. § 207. Penalty for improper use of certificates. Every policeman or fireman who shall permit any other person to use the certificate issued to him as provided by the last section, or shall present or make use of the same, except while acting in the course of the performance of his official duties, or who shall use such certificate after the expiration of his term of office or his resignation or removal therefrom, shall be deemed, guilty of a misdemeanor. ARTICLE 11. Acquisition of Lands by the United States. Section 210. United States may acquire land in cities. 211. Certified copy of transfer to be filed. 212. Jurisdiction of state not affected. § 210. United States may acquire land in cities. The United States is hereby authorized to acquire by condemnation, pur- chase or gift in conformity with the laws of this state, one or more pieees- of land not exceeding two acres in extent, in any city or village of this state,, for the purpose of erecting and maintaining thereon a public building for the accommodation of post-offices and other governmental offices in any such city or village. § 211. Certified copy of transfer to be filed. Whenever the United States, by any agent authorized under the hand and seal of any head of an executive department of the government of the United States, shall cause to be filed and recorded in the office of the secre- tary of state of this state, certified copies of the record or transfer to the United States of any such pieces of land which had been acquired by the United States for the purposes specified in section two hundred and ten of this article, together with maps and descriptions of such lands by metes and bounds, exclusive jurisdiction, except as provided in section two hundred and twelve, is thereupon ceded to the United States over the lands so described, during the time that the United States shall be or remain the owner thereof. § 212. Jurisdiction of state not affected. The jurisdiction ceded to the United States as prescribed by this article- shall not prevent the execution on the land acquired for the purposes speci- fied in section two hundred and ten of any process civil or criminal, issued under the authority of the state, except a3 such process might affect the property of the United States thereon. ARTICLE 12. Railroad Aid Bonds. Section 220. Apportionment on formation of new towns. 221. Duty of railroad commissioners. 222. Assessors to make separate lists. 223. Duty of supervisor. 284: The Village Laws of New Yoek 224. Application of the last four sections. 225. Supervisor to execute a bond. 226. Transfer of duties of railroad commissioners to supervisors. 227. Such supervisors to give security. 228. itailroad commissioners to deliver to supervisor property. 229. Penalty of bond to be fixed by town auditors. 230. Compensation of supervisor. 231. Presentation of claims to court of claims. 232. Investment and application of award. 233. Award or judgment. I 220. Apportionment on formation of new towns. Whenever any board of supervisors shall form a new town within its respective county, from parts of other towns, or town which shall have bonded to aid in the construction of any railroad under any act authorizing the same, and such bonds, or any part thereof, shall remain unpaid, or when any board of supervisors shall change the line of any town which shall have bonded to aid in the construction of any railroad in this state, and such bonds, or any part thereof, shall remain unpaid, the new town so formed .and the part taken from a town and added to another town shall pay a proportionate share of such bonds as shall remain unpaid, which share shall be ascertained from the assessed valuation of such town or towns as con- tained in the last equalized valuation of the assessment-roll, made prior to "the formation of such town or the change of any such town line. § 22i. Duty of railroad commissioners. It shall be the duty of the railroad commissioners of the town, any part •of whose territory shall have been detached as aforesaid, to render a true statement to the board of supervisors, as required by law, of the amount necessary to pay the proportionate share belonging to the territory de- tached from their town, which may be then coming due, and the board of -supervisors shall add such proportionate share to the sums to be collected from the town so formed, or to the part which shall have been detached from a town and added to another town, to be collected as prescribed by law. 1 222. Assessors to make separate lists. The assessors of the town to which shall have been added a part of another -town, shall yearly, until such bonds be paid, make a separate and distinct list of the taxable inhabitants and lands contained in the territorv so an- nexed in the assessment -roll of the said town, in all respects similar in form and manner to the assessment-roll as now made. Said list shall be designated in such roll "List of annexed lands and inhabitants.'' § 223. Duty of supervisors. Such proportionate share of moneys collected as provided in section two hundred and twenty-one of this article shall be paid by the supervisor of -the town wherein collected to the railroad commissioners of the town or -towns from which such territory shall have been detached, and such com- missioners shall use such moneys for the payment of the bonds issued in -the same manner as they are required to use the moneys raised in their own -town. Thk .YiJLi-Aa-K Laws of Mdw Yoek 285 § 224. Application of the last four sections. The provisions of sections two hundred and twenty to two hundred and twenty-three, inclusive, shall apply to all cases where a new town shall have been formed, or the line of any town shall have been changed by the board of supervisors of any county since the first day of January, eighteen hun- dred and seventy-nine, where no proceedings have been taken under chapter live hundred and ninety-seven of the laws of eighteen hundred and seventy. 5 225. Supervisor to execute a bond. The supervisor of any town or ward of any city receiving or disbursing any funds on account of the bonded railroad debt of said town or ward, before receiving or disbursing any such funds by virtue of any law of this state, shall execute to the town a bond with sureties who shall be able to justify in at least double the amount of the money to be received by him, as near as can be ascertained, said bond to be approved by the town clerk and conditioned for the proper and due disbursement of moneys received on account of bonded railroad debt and the faithful accounting thereof, which bond when given will be filed with the town clerk. £ 226. Transfer of duties of railroad commissioners to supervisors. Every town in which railroad commissioners heretofore appointed or •elected under the provisions of any general or special statute of this state authorizing towns to incur indebtedness in aid of the construction of any railroad, remain in office, and in which the duties imposed by such statutes, upon such commissioners, are not yet fully performed, is hereby authorized and empowered, at an annual town meeting, or at a special town meeting called for such purpose in the manner prescribed by law, to authorize the transfer of the powers and duties of such railroad commissioner or commis- sioners to the supervisor of such town, by a resolution to such effect passed and adopted by a majority vote of all persons voting at such town meeting. § 227. Such supervisor to give security. Within twenty days after the passage of such resolution at such town meeting the said supervisor shall file in the office of the town clerk of said town a bond running to the people of the state of New York, executed by Tiimself and two or more sureties, in a penalty to be fixed by the board of town auditors of said town as hereinafter provided, and conditioned for the faithful performance of the duties of railroad commissioners transferred to him under said resolution, and the payment over according to law of all moneys coming into his hands by reason of such transfer; such bonds also to be approved as to form and sufficiency of sureties by the county judge of the county in which said town is located. 1 228. Railroad commissioners to deliver to supervisor property. Forthwith, upon the filing of such bond as aforesaid, the town clerk of the town shall indorse upon copies of such bond to be provided by the said supervisor, a certificate to the effect that the said bond has been filed in the office of such town clerk, and said supervisor shall serve such copies and certificate upon the railroad commissioners respectively, and thereupon it shall be the duty of such railroad commissioners to paj over to such supervisor all moneys remaining in their hands as railroad commissioners of 286 The Village Laws oe New Yoek such town, and to deliver all books, papers, securities and other property" belonging to said town and remaining in their hands as such commissioners- unto the said supervisor, and to take his receipt therefor, which receipt shall be to them a proper and sufficient voucher. Immediately upon the delivery of said moneys and property by the said railroad commissioners to the supervisor, as aforesaid, and in the manner aforesaid, the office of railroad commissioner of such town shall wholly cease, and the said supervisor shall thereupon be invested with all the powers conferred upon such railroad com- missioners by the statute and proceedings under and by which they were appointed, and shall be subject to all the duties imposed upon such commis- sioners by such Btatute, and all securities and evidences of debt transferred by said commissioners to said supervisor as aforesaid, which by the terms thereof are payable to the said railroad commissioners, shall be paid when_ due to said supervisor, upon his indorsement as supervisor, in the same- manner and to the same effect as if indorsed by said railroad commissioners. S 229. Penalty of bond to be fixed by town auditors. The board of town auditors shall meet for the purpose of fixing the penalty of the bond of said supervisors, as provided in section two hundred ancL twenty-seven of this article, at the office of the town clerk within ten days- after the town meeting at which the resolution hereinbefore provided for was passed, upon a day to be fixed by said town clerk, whereof each member of said board shall be notified by said clerk either personally or by mail, at least three days before the time fixed for said meeting. In fixing the; penalty of the bond to be given by said supervisor under the provisions of section two hundred and twenty-seven of this article, said board of town auditors shall take into consideration the amount of moneys likely to come- into the hands of such supervisor by reason of the additional duties im- posed upon him by this article. Hereafter, in a town in which the duties of railroad commissioner have been transferred to the supervisor, the general bond given by such officer, conditioned to safely hold and pay over all moneys coming into his hands and belonging to said town, shall be deemed to include and be a security for the payment over of all moneys coming- into the hands of such supervisor under and by reason of the provisions, of this article. § 230. Compensation of supervisor. For the performance of the additional duties devolved upon him under the- provisions of this article, such supervisor shall be entitled to reasonable^ compensation, to be fixed by the board of town auditors of such town. § 231. Presentation of claims to court of claims. Any county of this state, containing one or more towns, villages or cities which have heretofore issued bonds to aid in the construction of any rail- road passing through such towns, villages or cities may present to the court of claims a claim for the amount of state taxes collected from or paid by any such railroad within the several towns, villages or cities of such county which were so bonded to aid in the construction of any such railroad, since- the eighteenth day of May, eighteen hundred and sixty-nine, and which said- taxes were paid by the county treasurer of such county to the state treas- urer. Jurisdiction is hereby conferred upon the court of claims to hear, The Village Laws of New Yoke 2S7 audit and determine such claims and to make awards and render judgments therefor against the state and in favor of such claimants. § 232. Investment and application of award. The amount which shall be awarded to any county as provided in section two hundred and thirty-one of this chapter, shall be paid to the county treasurer of such county; and such county treasurer shall invest or apply the same in the manner and for the purpose provided by section thirteen of this chapter, except that in case such county shall have heretofore paid to any such town, village or city, such state taxes or any portion thereof, or in. •case such county treasurer has heretofore set aside such state taxes or any portion thereof, for the benefit of such town, village or city, in the manner provided by said section thirteen of this chapter, then and in that case, such moneys or the portion thereof so paid or set aside as aforesaid, shall be used and applied by such county treasurer for the general purposes of the county. 3 233. Award or judgment. No award shall be made or judgment rendered herein against the state unless the facts proved shall make out a case against the state, which would create a liability, were the same established in a. court of law or equity against an individual or corporation or municipality; and in case such lia- bility shall be satisfactorily established, then the court of claims shall award to and render judgment for the claimants for such sums as shall be just and equitable, notwithstanding the lapse of time since the accruing of said damages, provided any claim hereunder accruing prior to the twenty-ninth day of April, nineteen hundred and seven, shall have been filed with the court of claims within one year thereafter and provided any claim here- under accruing after said twenty-ninth day of April, nineteen hundred and seven, shall be filed with the court of claims within two years after the accrual thereof. ARTICLE 12-a.* City and Village Planning Commissions. Section 234. Creation, appointment and qualifications. 235. Officers, expenses and assistance. 236. General powers. 237. Maps and recommendations. 238. Private streets. 239. Pules. 239a. Construction of article. § 234. Creation, appointment and qualifications. Each city and incorporated village is hereby authorized and empowered to create a commission to be known as the city or village planning commis- sion. Such commission shall be so created in incorporated villages by resolu- tion of the trustees, in cities by ordinance of the common council, except that in cities of the first class, having more than a million inhabitants it shall be by resolution of the board of estimate and apportionment or other * Note.— This article added by L. 1913, ch. 699. In effect May 24, 1913. 287a The Village Laws of New Yoek similar local authority. In cities of the first class such commission shalL consist of not more than eleven, in cities of the second class of not more than nine, in cities oi the third class and incorporated villages of not more than seven members. Such ordinance or resolution shall specify the public officer or body of said municipality, that shall appoint such commissioners, and shall provide that the appointment of as nearly as possible one-third of them shall be for a term of one year, one-third for a term of two years, and one-third for a term of three years; and that at the expiration of such terms, the terms of office of their successors shall be three years; so that the term of office of one-third of such commissioners, as nearly as possible, shall expire each year. All appointments to fill vacancies shall be for the unex- pired term. Not more than one-third of the members of said commission, shall hold any other public office in said city or village. Added by L. 1913, ch. 699. In effect May 24, 1913. § 235. Officers, expenses and assistance. The commission shall elect annually, a chairman from its own members. It shall have the power and authority to employ experts, clerks, and a secre- tary, and to pay for their services and such expenses as may be necessary and proper, not exceeding, in all, the annual appropriation that may be made by said city or village for said commission. The body creating the commis- sion shall by ordinance or resolution provide what compensation if any, each of such commissioners shall receive for his services as such commis- sioner. Each city and incorporated village is hereby authorized and em- powered to make such appropriation as it may see fit for such expenses and compensation, such appropriations to be made by those officers or bodies in such city or village having charge of the appropriation of the public funds. Added by L. 1913, ch. 699. In, effect May 24, 1913. § 236. General powers. The body creating such planning commission may, at any time, by ordin- ance or resolution, provide that the following matters, or any one or more of them, shall be referred for report thereon, to such commission by the board, commission, commissioner or other public officer or officers of said city or village which is the final authority thereon before final action thereon by such authority; the adoption of any map or plan of said city or incorporated village, or part thereof, including drainage and sewer or water system plans or maps, and plans or maps for any public water front, or marginal street, or public structure upon, in or in connection with such front or street, or for any dredging, filling or fixing of lines with relation to said front; any change of any such maps or plans; the location of any public structure upon, in or in connection with, or fixing lines with relation to said front; the location of any public building, bridge, statute or monument, highway, park, parkway, square, playground or recreation ground, or public open place^ The Village Laws of New York 287b» of said city or village. In default of any such ordinance or resolution all of said matters shall be so referred to said planning commission. The body creating such planning commission may, at any time, by ordin- ance or resolution, fix the time within which such planning commission shall report upon any matter or class of matters to be referred to it, with or without the further provision that in default of report within the time so fixed, the planning commission shall forfeit the right further to suspend action, as aforesaid with regard to the particular matter upon which it has so defaulted. In default of any such ordinance or resolution, no such action shall be taken until such report is so received, and no adoption, change, fixing or location as aforesaid by said final authority, prior thereto, shall be- valid. No ordinance or resolution shall deprive said planning commission of its right or relieve it of its duty, to report, at such time as it deems .proper upon any matter at any time referred to it. This section shall not be construed as intended to limit or impair the power of any art commission, park commission or commissioner, now or hereafter existing by virtue of any provision of law, to refuse consent to the accept- ance by any municipality of the gift of any work of art to said municipality, without reference of the matter, by reason of its proposed location or other- wise, to said planning commission. Nor shall this section be construed as- intended to limit or impair any other power of any such art commission or affect the same, except in so far as it provides for reference or report, or both, on any matter before final action thereon by said art commission. Added by L. 1913, ch. 699. In effect May 24, 1913. § 237. Maps and recommendations. Such planning commission may cause to be made a map or maps of said city or village or any portion thereof, or of any land outside the limits of said city or village so near or so related thereto that in the opinion of said. 287c The Village Laws of New Yoke planning commission it should be so mapped. Such plans may show not only such matters as by law have been or may be referred to the planning ■commission, but also any and all matters and things with relation to the plan of said city or village which to said planning commission seem neces- sary and proper, including recommendations and changes suggested by it; and any report at any time made, may include any of the above. Such planning commission may obtain expert assistance in the making of any such maps or reports, or in the investigations necessary and proper with relation thereto. Added by L. 1913, ch. 699. In effect May 24, 1913. § 238. Private streets. The body creating such planning commission may at any time, by ordin- ance or resolution provide that no plan, plot or description, showing the lay- out of any highway or street upon private property, or of building lots in connection with or in relation to such highway or street shall, within the limits of any municipality having a planning commission, as aforesaid, be received for record in the office of the clerk of the county where such real property is situated, until a copy of said plan, plot or description has been filed with said commission and it has certified, with relation thereto, its approval thereof. Such certificate shall be recorded as a part of the record of said original instrument containing said plan, plot, or description. No such street or highway which has not received the approval of the planning commission shall be accepted by said city or village until the matter has l)een referred to such commission under the provision of section two hundred and thirty-six of this article. But if any such street is plotted or laid out in accordance with the map of said municipality, adopted according to law, then it shall not be necessary to file such copy, or obtain or record such certificate. Added by L. 1913, ch. 699. In effect May 24, 1913. The Village Laws of New York 287d S 239. Rules. Such commission may make rules not contrary to law, to govern ita ac- tion in carrying out the provisions of this article. Added by L. 1913, ch. 699. In effect May 24, 1913. § 239a. Construction of article. This article shall be construed as the grant of additional power and au- thority to cities and incorporated villages, and not as intended to limit or impair any existing power or authority of any city or village. Any city or incorporated village in order to appoint a planning commis- sion under this article shall recite, in the ordinance or resolution so creating the commission, the fact that it is created under this article. Added by L. 1913, ch. 699. In effect May 24, 1913. ARTICLE 13. Laws Repealed; When to Take Effect. Section 240. Laws repealed. 241. ^"hen to take effect. § 240. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. .8 241. When to take effect. This chapter shall take effect immediately. Schedule of Laws Repealed. Laws of Chapter Section 1843.... 57.... All 1847.... 294.... All 1853.... 603.... All 1855 334.... All 1855.... 428 All Laws of Chapter Sectioe 1862... 281... AH 1866... 695... All 1869. . . 727... All 1869... 907... All 1870... 173... All 288 The Village Laws of New Yobk Laws of Chapter Section Laws of Chapte r Section 1870.. . 300.. . All 1888... 62... All 1870. . . 760.. . All 1888... . 328... All 1870.. . 789.. . All 1889... . 402... All 1871.. . 64.. . All 1889... . 526... All 1871.. . 146. . . All 1890... . 160. . . All 1871.. . 260. . . All 1892... . 25... All 1871.. . 283.. . All 1892. . . . 301... . All 1871.. . 388.. . All 1892... . 330. . . All 1871.. . 537.. . All 1892. . . . 456... All 1871.. . 925. . . All 1892... . 473... All 1872.. 54.. . All 1892... . 518. . . All 1872.. . 62.. . All 1892... . 685... All 1872. . . 161.. . All 1893... . 122... All 1872.. . 307.. . All 1893... . 349... All 1872.. . 458.. . All 1893... . 466... All 1872. . . 516.. . All 1893... . 490. . . All 1872. . . 689.. . All 1894. . . . 667... All 1873.. . 452. . . All 1895... . 350... All 1873.. . 720. . . All 1895... . 351... All 1875.. . 206.. . All 1895... . 417... All 1875.. . 328.. . All 1895... . 615... All 1875.. . 421.. . All 1895. . . 754. . . All 1875.. . 585. . . All 1895... . 792... All 1877.. . 320. . . All 1896... . 53... All 1877.. . 349.. . All 1896... . 576... All 18/8.. . 75.. . All 1896... . 873 All 18(8.. . 212. . . All 1896... . 910... All 1878 . 317.. . All 1897... . 54... All 1879.. . 62.. . All 1897... . 444... Part relating to> 1879. . . 307.. . All counties and 1879. . . 417.. . All municipal cor- 1879. . . 526.. . All porations 1880.. 12.. . All 1898... . 141... All 1880.. 21.. . All 1898... . 543... All, except part 1880. . . 204.. . All relating to re- 1880.. . 336.. . 1-5 ligious corpora- 1880.. . 435.. . All tions 1880. . . 554. . . All 1899... . 242... All 1881.. . 226.. . AH 1899... . 634. . . All 1881.. . 308.. . All 1900... . 342... All 1881.. . 522.. . All 1900... . 449... All 1881.. . 531.. . All 1901... . 333... All 1882.. 68.. . All 1901... . 389... All 1882.. . 293.. . All 1901... . 659... All 1883.. . 124.. . All 1902... . 155... All 1883.. . 453 . . . All 1903... . 515... All 1884. . 1885.. 1885. . 1886. . . 244. . . 426.. . 479. . . 278.. . A11 . All . All . All 1904... 1905... 1905... . 752... . 705... . 738... All All All 1886.. . 316.. . All 1906. .. 49... All 1886.. . 572. . . All, except so far 1906.. . . 59... All ' as it applies to 1907... . 215... All the city of New 1907. .. . 237... All York 1907... . 375... All 1886.. . 644. . . All 1908... . 187... All 1887.. . 282. . . All 1908... . 256... All 1887.. . 525.. . All 1908... . 259. . . All 1887. . . 673.. . All 1908... . 325... All The Village Laws of New Yoek 289 III. PUBLIC OFFICERS LAW. (Chapter 47 of the Consolidated Laws.), PUBLIC OFFICERS LAW (L. 1909, ch. 51.) Article 1. Short title; definitions (§§ 1, 2). 2. Appointment and qualification of public officers (§§ 3-15). 3. Creation and filling or vacancies (§§ 30-42). 4. Powers and duties of public officers (§§ 60-70). 5. Delivery of public books (§ 80). 6. Construction; lawB repealed; when to take effect (§§ 90-92). ARTICLE i. Short Title; Definitions. Section 1. Short title. 2. Definitions. § i. Short title. This chapter shall be known as the "Public Officers Law." § 2. Definitions. The term " state officer " includes every officer for whom all the electors of the state are entitled to vote, members of the legislature, justices of the supreme court, regents of the university, and every officer, appointed by one or more state officers, or by the legislature, and authorized to exercise his. official functions throughout the entire state, or without limitation to any political subdivision of the state, except United States senators, members of congress, and electors for president and vice-president of the United States. The term " local officer '' includes every other officer who is elected Tjy the electors of a portion only of the state, every officer of a political subdivision or municipal corporation of the state, and every officer limited in the execution of his official functions to a portion only of the state. The office of a state officer is a state office. The office of a local officer is a local office. ARTICLE 2. Appointment and Qualification of Public Officers. Section 3. Qualifications for holding office. 4. Commencement of term of office. 5. Holding over after expiration of term. 6. Mode of choosing state officers if not otherwise provided. 7. Appointment by the governor and senate. 8. Commissions of officers. 9. Deputies, their appointment, number and duties. 10. Official oaths. 290 The Yil:lage Laws of ISTew Toek 11. Official undertakings. i 12. Force and effect of official undertaking. 13. Notice of neglect to file oath or undertaking. 14. Effect of consolidation on terms of office. ! 15. Validation of official acts performed before filing official oath or undertaking. 16. Qualifications of certain judicial officers in cities of the first class. S 3. Qualifications for holding office. No person shall be capable of holding a civil office who shall not, at the time he shall be chosen thereto, be of full age, a citizen of the United States, a resident of the state, and if it be a local office, a resident of the political subdivision or municipal corporation of the state for which he shall be chosen, or within which the electors electing him reside, or within which his official functions are required to be exercised. 3 4. Commencement of term of office. The term of office of an elective officer, unless elected to fill a vacancy then existing, shall commence on the first day of January next after his election, if the commencement thereof be not otherwise fixed by law. § 5. Holding over after expiration of term. Every officer except a judicial officer, a notary public, a. commissioner of deeds and an officer whose term is fixed by the constitution, having duly entered on the duties of his office, shall, unless the office shall terminate or be abolished, hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his suc- cessor shall be chosen and qualified; but after the expiration of such term, the ■ office shall be deemed vacant for the purpose of choosing his successor. An officer so holding over for one or jnore entire terms, shall, for the pur- pose of choosing his successor, be regarded as having been newly chosen for such terms. An appointment for a term shortened by reason of a predecessor holding over, shall be for the residue of the term only. § 6. Mode of choosing state officers if not otherwise provided. If the law shall not otherwise provide the mode of choosing a state officer, he shall be appointed by the governor by and with the advice and consent of the senate. 5 7. Appointment by the governor and senate. An appointment to an office by the governor by and with the advice and consent of the senate, shall be made by communicating to the senate, while in session, a written nomination of a person for the office, designating the residence of the nominee, and if nominated to be an officer of a political sub- division of the state, designating also such subdivision, and if nominating two or more persons to the same office for different terms, designating the term for which each is nominated. If such nomination be of a successor to a prede- cessor in the same office, it may be made and acted upon by the senate after the expiration of the term or occurrence of a vacancy in the office of such predecessor, or at any time during the legislative session of the calendar year in which the term of office of such predecessor shall expire or in which the office shall become vacant. If the appointment be made before the expiration. The Village Laws of New Yoek 291 of the term of such predecessor, the term of office of the appointee shall com- mence upon the expiration of the term of such predecessor, or if made to fill a vacancy, upon the occurrence of such vacancy, or immediately if a vacancy already exist. If the senate shall reject such nomination, the clerk of the senate shall forthwith communicate, by writing, signed by the president and clerk of the senate, to the governor the fact of such rejection. If the senate shall confirm such nomination the appointment shall be deemed complete, and thereupon duplicate certificates of the confirmation shall be made and signed by the president and clerk of the senate, who shall cause one to be delivered to the governor and the other to the secretary of state, who shall record the same in his office in a book kept for that purpose. § 8. Commissions of officers. The commission of every officer appointed by the governor, or by the gov- ernor by and with the consent of the senate, shall be signed by the governor and attested under the seal of this state, by the secretary of state, who shall make and record in his office a copy of such commission, and deliver the orig- inal to the officer appointed, by a messenger, if the governor shall so direct, and otherwise, by mail, or as the secretary of state shall deem proper. Com- missions of notaries public may be signed by the secretary to the governor, and shall be sent to the county clerk of the county in which such notaries public respectively reside. Every other appointment of an officer, made by one or more state officers, shall be in writing, and signed by the officer or officers, or by a majority of the officers, or by the presiding officer of the board , or body making the appointment. Every such written appointment ,shall be deemed the commission of the officer appointed, and if of a state officer, a, duplicate or a certified copy thereof shall be recorded in the office of the secretary of state; if of a local officer it shall he sent to the clerk of the county in which the officer appointed shall then reside, who shall file the same in his office, and notify the officer appointed of his appointment. I 9. Deputies, their appointment, number and duties. Every deputy, assistant, or other subordinate officer, whose appointment or election is not otherwise provided for, shall be appointed by his principal officer, board or other body, and the number thereof, if not otherwise pre- scribed by law, shall be limited in the discretion of the appointing power. If there is but one deputy, he shall, unless otherwise prescribed by law,, possess the powers and perform the duties of his principal during the absence or inability to act of his principal, or during a vacancy in his principal's office. If there be two or more deputies of the same officer, such officer may desig- nate, in writing, the order in which the deputies shall act, in cases of his. absence from the office or his inability to act, or in case of a vacancy in the' office, and if he shall fail to make such designation, the deputy longest in office present shall so act. If two or more deputies present shall have held the office for the same period, the senior deputy in age shall so act. Such written designation by a state officer shall be filed in the office of the secre- tary of state; and by any other officer, in the office of the clerk of the county in which the principal has his office. If a vacancy in a public office- shall be caused by the death of the incumbent, the deputies shall, unless other- wise provided by law, continue to hold office until the vacancy shall have teen filled in accordance with law. 292 The Village Laws of New Yobk § io. Official oaths. Every officer shall take and file the oath of office required by law before he shall be entitled to enter upon the discharge of any of his official duties. An oath of office may be administered by a judge of the court of appeals or by any officer authorized to take, within the state, the acknowledgment of the execution of a deed of real property, or by an officer in whose office the oath is required to be filed, or may be administered to any member of a body of officers, by a presiding officer or clerk, thereof, who shall have taken an oath of office. The oath of office of a notary public or commissioner of deeds shall be filed in the office of the clerk of the county in which he shall reside. The oath of office of every state officer shall be filed in the office of the sec- retary of state; of every officer of a municipal corporation, with the clerk thereof; and of every other officer, in the office of the clerk of the county in which he shall reside, if no place be otherwise provided by law for the filing thereof. Amended by L. 1913, oh. 59. In effect Mar. 6, 1913. $ 11. Official undertakings. Every official undertaking, when required by or in pursuance of law to be hereafter executed or filed by any officer, shall be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer, in accordance with law, or in default thereof, that the parties executing such undertaking will pay all damages, costs and expenses resulting from such default, not exceeding a sum, if any, specified in such undertaking. The undertaking of a state officer shall be approved by the comptroller both as to its form and as to the sufficiency of the sureties and be filed in the comptroller's office. The undertaking of a municipal officer shall, if not otherwise provided by law, be approved as to its form and the sufficiency of the sureties by the chief executive officer or by the governing body of the municipality and be filed with the clerk thereof. The approval by such governing body may be by resolution, a certified copy of which shall be attached to the under- taking. The sum specified in an official undertaking shall be the sum for which such undertaking shall be required by or in pursuance of law to be given. If no sum, or a different sum from that required by or in pursuance of law, be specified in the undertaking, it shall be deemed to be an undertaking for the amount so required. If no sum be required by or in pursuance of law to be so specified, and a sum be specified in the undertaking, the sum so specified shall not limit the liability of the sureties therein. Every official undertaking shall be executed and duly acknowledged by at least two sure- ties, each of Whom shall add thereto his affidavit that he is a freeholder or householder within the state, stating his occupation and residence and the street number of his residence and place of business if in a city, and a sum which he is worth over and above his just debts and liabilities and property exempt from execution. The aggregate of the sums so stated in such affi- davits must be at least double the amount specified in the undertaking. If the surety on an official undertaking of a state or local officer, clerk, or em- ployee of the state or political subdivision thereof or of a. municipal corpo- ration be a fidelity or surety corporation, the reasonable expense of procur- ing such surety, not exceeding one per centum per annum upon the amount of such undertaking, shall be a charge against the state or political subdi- vision or municipal corporation respectively in and for which he is elected or appointed. The failure to execute an official undertaking in the form or by the number of sureties required by or in pursuance of law, or of a surety thereto to make an affidavit required by or in pursuance of law, or in the form so required, or the omission from such an undertaking of the approval required by or in pursuance of law, shall not affect the liability of the sureties therein. Amended by L. 1911, eh. 424; L. 1912, ch. 481; L. 1913, ch. 325. In effect Apr. 19, 1913. The Village Laws OF New Yoke: 293 3 12. Force and effect of official undertaking. An officer of whom an official undertaking ia required, shall not receive any money or property as such officer, or do any act affecting the disposition of any money or property which such officer is entitled to receive or have the custody of, before he shall have filed such undertaking; and any person aaving the custody or control of any such money or property shall not deliver the same to any officer of whom an undertaking is required until such undertaking shall have been given. If a public officer required to give an official under- taking, enters upon the discharge of any of his official duties before giving such undertaking, the sureties upon his undertaking subsequently given for or during his official term shall be liable for all his acts and defaults done or suffered and for all moneys and property received during such term prior to the execution of such undertaking, or if a new undertaking is given, from the "time notice to give such new undertaking is served upon him. Every official undertaking shall be obligatory and in force so long as the officer shall con- tinue to act as such and until his successor shall be appointed and duly quali- fied, and until the conditions of the undertaking shall have been fully per- formed. When an official undertaking is renewed pursuant to law the sure- ties upon the former undertaking shall not be liable for any official act done or money? received after the due execution, approval and filing of the new undertaking. 5 13. Notice of neglect to file oath or undertaking. The officer or body making the appointment or certificate of election of a public officer shall, if the officer be required to give an official undertaking to be filed in an office other than that in which the written appointment or cer- tificate of election is to be filed, forthwith give written notice of such ap- pointment or election to the officer in whose office the undertaking is to be filed. If any officer shall neglect, within the time required by law, to take and file an official oath, or execute and file an official undertaking, the officer, with whom or in whose office such oath or undertaking is required to be filed, shall forthwith give notice of such neglect, if of an appointive officer, to the authority appointing such officer; if of aD elective officer, to the officer, board or body authorized to fill a vacancy in such office, if any, or -if none and a, vacancy in the office may be filled by a special election, to the officer, board or body authorized to call or give notice of a special election to fill such vacancy; except that the notice of a failure of a justice of the peace to file his official oath, shall be given to the town clerk of the town for which the justice was elected. § 14. Effect of consolidation on terms of office. If an office be continued by the consolidated laws constituting the con- solidation of which this chapter is » part, the person lawfully holding such office at the time of the taking effect of such consolidated laws shall, sub- ject to the provisions of such consolidated laws, continue therein for the term for which he was chosen, or if holding over after the expiration of his term, until his successor shall be chosen and shall have qualified. 3 15. Validation of official acts performed before filing official oath of under- taking. If a public officer, duly chosen, has heretofore entered, or shall hereafter *nter on the performance of the duties of his office, without taking or filing 294 The Village Laws of New Yoek en official oath, or executing or filing an official undertaking, as required by the constitution, or by any general or special law, his acts as such officer, so- performed, shall be as valid and of as full force and effect as if such oath had been duly taken and filed, and as if such undertaking had been duly ex- ecuted and filed, notwithstanding the provisions of any general or special law declaring any such office vacant, or authorizing it to be declared vacant,. or to be filled as in case of vacancy, or imposing any other forfeiture or penalty for omission to take or file any such oath, or to execute or file any suoh undertaking; but this section shall not otherwise affect any provision of any general or special law, declaring any such office vacant, or authorizing- it to be declared vacant, or to be filled as in case of vacancy, or imposing any other forfeiture or penalty, by reason of the failure to take or file any such oath or to execute or file any such undertaking; and this section shall not relieve any such officer from the criminal liability imposed by section eighteen (hundred twenty of the penal law, for entering on the discharge of his official duties without taking or filing such oath or executing or filing such under- taking. § 16. Qualifications of certain judicial officers in cities of the first class. A person shall be eligible for appointment to the office of magistrate, judga or justice of an inferior court of criminal jurisdiction in a city of the first class, who shall at the time of such appointment be of full age, a citizen of the United States, a resident of the city, an attorney and counselor-at-law admitted to practice for the period prescribed by special law, or in lieu thereof shall have been a member of the legislature of the state for at least twelve- consecutive years, notwithstanding the provisions of any general or special law inconsistent herewith. Added by L. 1913, ch. 586. In effect May 17, 1913. ARTICLE 3. Creation and Filling of Vacancies. Section 30. Creation of vacancies. 31. Resignations. 32. Removals by senate. 33. Removals by governor. 34. Evidence in proceedings for removal by governor. 35. Removals from office. 36. Removal of town or village officer by court. 37. Notice of existence of vacancy. 38. Terms of officers chosen to fill vacancies. 39. Filling vacancies in office of officer appointed by governor and senate. 40. Vacancy occurring in office of legislative appointee, during legis- lative recess. 41. Vacancies filled by legislature. 42. Filling other vacancies. § 30. Creation of vacancies. Every office shall be vacant upon the happening of either of the following- events before the expiration of the term thereof: 1. The death of the incumbent; 2. His resignation; 3. His removal from office; 4. Hs ceasing to be an inhabitant of the state, or if he be a local officer,, of the political subdivision, or municipal corporation of which he is required to be a resident when chosen; 5. His conviction of » felony, or a crime involving a violation of his oath of office; 6. The judgment of a court, declaring void his election or appointment, or that his office is forfeited or vacant; 7. His refusal or neglect to file his official oath or undertaking, if one iB. The Village Laws of New York 295- required, before or within fifteen days after the commencement of the term of office for which he is chosen, if an elective office, or if an appointive office, within fifteen days after notice of his appointment, or within fifteen days after the commencement of such term; or to file a renewal undertaking within the time required by law, or if no time be so specified, within fifteen days after notice to him in pursuance of law, that such renewal undertaking is required. When a new office or an additional incumbent of an existing office shall be created, such office shall for the purposes of an appointment or election, be vacant from the date of its creation, until it shall be filled, by election or appointment. § 31. Resignations. Public officers may resign their offices as follows: 1. The governor, lieutenant-governor, secretary of state, comptroller, attor- ney-general, state engineer and surveyor, to the legislature; 2. All officers appointed by the governor alone, or by him with the consent of the senate, to the governor; 3. Senators and members of assembly, to the presiding officers of their respective houses; 4. Sheriffs, coroners, county clerks, district attorneys and registers of counties, to the governor; 5. Every othei county officer, to the county clerk; 6. Every town officer, to the town clerk; 7 The officer of any other municipal corporation, to clerk of the corpo- ration ; 8. Every other appointive officer, where not otherwise provided by law, to- the body, board or officer that appointed him, and every other elective officer, where not otherwise provided by law, to the secretary of state. Every resignation shall be in writing addressed to the officer or body to- whom it is made. If addressed to an officer, it shall take effect upon de- livery to him at his place of business or when it shall be filed in his office. If addressed to the legislature or to the presiding officer of either House thereof it shall be delivered to and filed with the secretary of state, and shalL take effect when so delivered, and he shall forthwith communicate the fact of such resignation to the legislature or to such house, if in session, or if not, at its first meeting thereafter. If addressed to any other body it shall be delivered to the presiding officer or clerk of such body, if there be one, and if not, to any member thereof, and shall take effect upon such delivery, and shall be filed with the clerk, or if there be no clerk, with the other records of such body. A delivery at the- office or place of residence or business of the person to whom any such resignation may be delivered shall be a sufficient delivery thereof. § 32 Removals by senate. The governor before making a recommendation to the senate for the re- moval of any officer may in his discretion take proofs, for the purpose of determining whether such recommendation shall be made. The secretary of state, comptroller, treasurer, attorney-general, or the- state engineer and surveyor, may be removed by the senate, on the recom- mendation of the governor, for misconduct or malversation in office, if two- thirds of all the members elected to the senate shall concur therein. No> 296 The Village Laws of New Yoek such removal shall be made unless the person who is sought to be removed, shall have been served with a copy of the charges against him and have an opportunity of being heard. On the question of removal, the yeas and nays shall be entered on the journal. The governor may convene the senate in extra session for the investigation of such charges. The senate shall have power to make such rules as it may see fit for the practice before it. At the time appointed for the investigation, the senate shall proceed to hear and try the charges against such officer, and may take proofs in relation thereto. The governor may direct the attorney-general, or may appoint any suitable person to conduct the trial of such charges before the senate. An officer appointed by the governor by and with the advice and consent of the senate, may be removed by the senate upon the recommendation of the governor. If the senate shall reject a recommendation of removal the clerk of the senate shall, by a writing signed by him and by the president and clerk of the senate, communicate the fact of such rejection to the governor. If the senate shall concur in such a recommendation the removal shall take effect upon the passage of the resolution of concurrence, and duplicate copies of such resolu- tion, certified by the clerk and president of the senate, shall be executed and ■delivered by the clerk to the secretary of state. 5 33.. Removals by governor. An officer appointed by the governor for a full term or to fill a vacancy, any county treasurer, any county superintendent of the poor, any register of a county, any coroner or any notary public, may be removed by the governor within the term for which such officer shall have been chosen, after giving to such officer » copy of the charges against him and an opportunity to be .heard in his defense. ? 34. Evidence in proceedings for removal by governor. The governor may take the evidence in any proceeding for the removal by him of a public officer or may direct that the evidence be taken before a jus- tice of the supreme court of the district, or the county judge of the county in which the officer proceeded against shall reside, or before a commissioner appointed by the governor for that purpose by an appointment in writing, filed in the office of the secretary of state. The governor may direct such judge or commissioner to report to him the evidence taken in such proceeding, or the evidence and the findings by the judge or commissioner of the material facts deemed by such judge or commissioner to be established. The commis- sioner or judge directed to take such evidence may require witnesses to attend ^before him, and shall issue subpoenas for such witnesses as may be requested by the officer proceeded against. The governor may direct the attorney-general, or the district attorney of the county in which the officer proceeded against shall reside to conduct the examination into the truth of the charges alleged as ground for such removal. If the examination shall be before a commissioner or judge, it shall be held at such place in the county in which the officer proceeded against shall reside as the commissioner or judge shall appoint, and at least eight days after written, notice of the time and place of such examination shall have been given to the officer proceeded against. The Village Laws of New Yoke 297 All sheriffs, coroners, constables and marshals to whom process shall be ■directed and delivered under this section shall execute the same without unnecessary delay. 3 35- Removals from office. Every removal of an officer by one or more state officers, shall be in written •duplicate orders, signed by the officer, or by all or a majority of the officers, making the removal, or if made by a body or board of state officers may be evidenced by duplicate certified copies of the resolution or order of removal, signed either by all or by a majority of the officers making the removal, or by the president and clerk of such body or board. Both such duplicate orders or certified copies shall be delivered to the secretary of state, who shall record in his office one of such duplicates, and shall, if the office removed is a state officer, deliver the other to such officer by messenger, if required by the gov- ernor, and otherwise by mail or as the secretary of state shall deem advisable, and shall, if directed by the governor, cause a copy thereof to be published in the state paper. If the officer removed be a local officer, he shall send the other of such duplicates to the county clerk of the county in which the officer removed shall have resided at the time he was chosen to the office, and such <;lerk shall file the same in his office, and forthwith notify the officer removed •of his removal. § 36. Removal of town or village officer by court. Any town or village officer, except a justice of the peace, may be removed :from office by the supreme court for any misconduct, maladministration, mal feasance or malversation in office. An application for such removal may be made by any citizen resident of such town or village and shall be made to the appellate division of the supreme court held within the judicial department embracing such town or village. Such application shall be made upon notice- to such town officer of not less than eight days, and a, copy of the charges upon which the application will be made must be served with such notice. % 37. Notice of existence of vacancy. When a judgment shall be rendered by any court convicting an officer of a felony, or of a crime involving a violation of his oath of office, or declaring the election or appointment of any officer to be void, or that the office of any -officer has been forfeited or become vacant, the clerk of such court shall give notice thereof to the governor, stating the cause of such conviction or judg- ment. Whenever a public officer shall die before the expiration of his term of office, •or shall cease to be a resident of the political subdivision of the state or a municipal corporation in which he is required to be a resident as a condition of continuing in the office, the county clerk of the county in which such officer shall have resided immediately prior to such death or removal, shall imme- diately give notice of such death or removal to the governor. If the governor is not authorized to fill any vacancy of which he shall have notice, he shall -forthwith give notice of the existence of such vacancy to the officer or officers, or to the body or board of officers authorized to fill the vacancy, or if such -vacancy may be filled by an election, to the officers authorized to give notice- of such election. 298 The Village Laws oe New Yobk § 38. Terms of officers chosen to fill vacancies. If an appointment of a person to fill a vacancy in an appointive office b» made by the officer, or by the officers, body or board of officers, authorized to- make appointment to the office for the full term, the person so appointed to such vacancy shall hold office for the balance of the unexpired term. Tha term of office of an officer appointed to fill a vacancy in an elective office, shall be until the commencement of the political year next succeeding the first annual election after the happening of the vacancy, if the office be made elective by the constitution, or at which the vacancy can be filled by election,, if the office be otherwise made elective. § 39. Filling vacancies in office of officer appointed by governor and senate. A vacancy which shall occur during the session of the senate, in the office of an officer appointed by the governor by and with the advice and consent of the senate, shall be filled in the same manner as an original appointment. Such a vacancy occurring or existing otherwise than by expiration of term, while the senate is not in session, shall be filled by the governor for a term which shall expire at the end of twenty days from the commencement of the next meeting of the senate. § 40. Vacancy occurring in office of legislative appointee, during legislative recess. When a vacancy shall occur or exist, otherwise than by expiration of term, during the recess of the legislature, in the office of any officer appointed by the legislature, the governor shall appoint a person to fill the vacancy for a term which shall expire at the end of twenty days from the commencement of the next meeting of the legislature. 5 41. Vacancies filled by legislature. When a vacancy occurs or exists, other than by removal, in the office of the secretary of state, comptroller, treasurer, attorney-general, or state engineer and surveyor, or a resignation of any such office to take effect at any future day shall have been made while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a person to fill such actual or prospec- tive .vacancy. § 42. Filling other vacancies. If a vacancy shall occur, otherwise than by expiration of term, with no- provision of law for filling the same, if the office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be- filled by an election. But if the term of such officer shall expire with th» calendar year in which the appointment shall be made, or if the office bfc appointive, the appointee shall hold for the residue of the term. ARTICLE 4. Powers and Duties of Public Officers. Section 60. Official seals of court of appeals and state officers. 61. Investigation by state officers. 62. Business in public offices on public holidays. 63. Leave of absence for veterans on Memorial day. - r The Village Laws of New Yoek 299 64. Payment of expenses of public officers. 65. Use of typewriters for recording public records. i 66. Persons having custody of papers in public offices to search files and make transcripts. 67. Fees of public officers. 68. Allowance of additional fees and expenses. 69. Fee for administering certain official oaths prohibited. 70. Accounting for fees. 71. Vacations for employees of the state and the several civil sub- divisions thereof. 3 6o. Official seals of court of appeals and state officers. The seal of the court of appeals and of each state officer authorized to use an official seal, shall be of metal with the device of the arms of the state sur- rounded with the inscription, State of New York, and the name of the court or official designation of the officer. The seal of such court, the privy seal of the governor, and the seal of the secretary of state, comptroller, treasurer, state engineer and surveyor, the adjutant-general, and of each of the other state officers at the capital, required to have an official seal, shall be two and one-quarter inches in diameter, and of each other state officer authorized to have an official seal, shall be one and three-quarters inches in diameter. Such seals heretofore provided by the secretary of state shall continue to be used "by such courts and officers, and when defective from wear or otherwise, shall T>e delivered to the secretary of state who shall cause them to be repaired and returned, or to be defaced with a suitable mark, or deposited with the ancient •seals in the state library, and new seals to be provided for use instead. I 6i. Investigations by state officers. Every state officer, in any proceeding held before him, or in any investiga- tion held by him for the purpose of making inquiry as to the official conduct of any subordinate officer or employee, shall have the power to issue sub- poenas for and require the attendance of witnesses and the production of all books and papers relating to any matter under inquiry. All such subpoenas «hall be issued under the hand and seal of the state officer holding such proceeding. If a person duly subpoenaed fails to obey such subpoena without reasonable cause, or shall, without such cause, refuse to be examined or to answer any legal or pertinent question or to produce any such book or paper called for, he may be punished as for a contempt. The testimony of wit- nesses in any such proceeding shall be under oath and the state officer in- stituting the proceeding shall have power to administer oaths. In case of state boards or commissions, any member of the same, or, when duly author- ized by resolution, the secretary of such board or commission, shall have power to issue subpoenas and administer oaths for the purposes of this section. 5 62. Business in public offices on public holidays. Holidays and half holidays shall be considered as Sunday for all purposes Telating to the transaction of business in the public offices of the state, and of each county. On all other days and half days, excepting Sundays, such, offices shall be kept open for the transaction of business. 300 The Village Laws of New Yoek $ 63. Leave of absence for veterans on Memorial day. It shall be the duty of the head of every public department and of every «ourt of the state of New York, of every superintendent or foreman on the public works of said state, of the county officers of the several counties of said state, and of the head of every department, bureau and office in the government of the various cities and villages in this state, to give leave of absence with pay for the twenty-four hours of the thirtieth day of May, or- such other day as may, according to law, be observed as Memorial day, to every person in the service of the state, the county, the city or village, as the case may be, who served in the army or the navy of the United States in the war of the rebellion, or who served in the regular or volunteer army or the navy or the marine corps of the United States during the war with.. Spain or during the insurrection in the Philippine islands, or who has served in the regular army or navy or marine corps of the United States, and who was honorably discharged from such service. A refusal to give such leave.- of absence to one entitled thereto shall be neglect of duty. Amended L. 1910, ch. 335. In effect May 19, 1910. § 64. Payment of expenses of public officers. Every public officer who is not allowed any compensation for his services shall be paid his actual expenses necessarily incurred in the discharge of his official duties. § 65. Use of typewriters for recording public records. The public officers of the state or of any municipal corporation therein, having charge of the recording of public records, papers, documents or matters- required by law to be recorded in their respective offices are hereby author- ized and empowered to use typewriting machines for recording the same. § 66. Persons having custody of papers in public offices to search files and- make transcripts. A person, having the custody of the records or other papers in a public- office, within the state, must, upon request, and upon payment of, or offer to pay, the fees allowed by law, or, if no fees are expressly allowed by law, fees at the rate allowed to a county clerk for a similar service, diligently search the files, papers, records, and dockets in his office; and either make one or more transcripts therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper, of which the custody legally belongs to him, can not be found. § 67. Fees of public officers. 1. Each public officer upon whom a duty is expressly imposed by law, must execute the same without fee or reward, except where a fee or other com- pensation therefor is expressly allowed by law. 2. An officer or other person, to whom a fee or other compensation is al- lowed by law, for any service, shall not charge or receive a greater fee or reward, for that service, than is so allowed. 3. An officer, or other person, shall not demand or receive any fee or com- pensation, allowed to him by law for any service, unless the service was actu- ally rendered by him ; except that an officer may demand in advance his fee,, where he is, by law, expressly directed or permitted to require payment thereof, before rendering the service. The Village Laws of New Yobk 301 An officer or other person, who violates either of the provisions contained in this section, is liable, in addition to the punishment prescribed by law for the criminal offense, to an action in behalf of the person aggrieved, in which, the plaintiff is entitled to treble damages. § 68. Allowance of additional fees and expenses. Where an officer or other person is required, in the course of a duty im- posed upon him by law, to take an oath, to acknowledge an instrument, to cause an instrument to be filed or recorded, or to transmit a paper to another officer, he is entitled, in addition to the fees, or other compensation for the service, prescribed by law, to the fees necessarily paid by him, to the officer who administered the oath, or took the acknowledgment, or filed or recorded the instrument; and to the expense of transmitting the paper, including postage, where the transmission is lawfully made through the post-office. § 69. Fee for administering certain official oaths prohibited. An officer is not entitled to a fee, for administering the oath of office to a. member of the legislature, to any military officer, to an inspector of election, clerk of the poll, or any town officer; or to more than ten cents, for admin- istering an official oath to any other officer. § 70. Accounting for fees. Where a public officer is required, by law, to keep an account of, or to pay over, the fees or other moneys, received by him for official services, he must include therein all sums, received by him, to which he was entitled, by reason of any act, performed by him in his official capacity; whether the act did or did not pertain to his office, or the business thereof. § 71. Vacations for employees of the state and the several civil subdivisions thereof. The executive officers of every public department, bureau, commission, or board of the state and of each county, city or other civil division thereof are authorized and empowered to grant to every employee under their super- vision, who shall have been in such employ for at least one year, a vacation of not less than two weeks in each year, and for such further period of time as in the opinion and judgment of the executive officers, the duties, position, length of service and other circumstances may warrant, at such time as the executive officers may fix and during such vacation the said employee shalL be allowed the same compensation as if actually employed. Added by L. 1910, Ch. 680. In effect June 25, 1910. ARTICLE 5. \ Delivery of Public Books. Section 80. Delivery of books and papers. § 80. Delivery of books and papers. A public officer may demand from any person in whose possession they may be, a delivery to such officer of the books and papers belonging or appertain- ing to such office. If such demand is refused, such officer may make com- plaint thereof to any justice of the supreme court of the district, or to the 302 The Village Laws of Sew Yobs: -county judge of the county in which the person refusing resides. If such justice or judge be satisfied that such books or papers are withheld, he shall grant an order directing the person refusing to show cause before him at a time specified therein, why he should not deliver the same. At such time, or at any time to which the matter may be adjourned, on proof of the due service of the order, such justice or judge shall proceed to inquire into the circumstances. If the person charged with withholding such books or papers makes affidavit before such justice or judge that he has delivered to the officer all books and papers in his custody which, within his knowledge, or to his belief belong or appertain thereto, such proceedings before such justice or judge shall cease, and such person be discharged. If the person complained against shall not make such oath, and it appears that any such books or papers are withheld by him, such justice or judge shall commit him to the county jail until he delivers such books and papers, or is otherwise dis- charged according to law. On such commitment, such justice or judge, if required by the complainant, shall also issue his warrant directed to any sheriff or constable, commanding him to search, in the daytime, the places designated therein, for such books and papers, and to bring them before such justice or judge. If any such books and papers are brought before him by virtue of such warrant, he shall determine whether they appertain to such office, and if so shall cause them to be delivered to the complainant. ARTICLE 6. Construction; Laws Repealed; When to Take Effect. Section 90. Application of chapter. 91. Laws repealed. 92. When to take effect. § go. Application of chapter. This chapter applies to civil officers only. I gi. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion speci- fied in the last column is hereby repealed. J 92. When to take effect. This chapter shall take effect immediately. The Village Laws of New Yobk 363 IV. TRANSPORTATION CORPORATION LAW- MISCELLANEOUS PROVISIONS. (Chapter 63 of the Consolidated Laws.) § 46. Construction of pipe lines through villages and cities. No pipe line shall be constructed into or through any incorporated vil- lage or city in this state, unless authorized by a resolution prescribing the route, manner of construction and terms upon which granted, adopted at a regular meeting of the board of trustees of the village or the common council of the city by a two-thirds vote of such board or council, but such resolution shall not affect any private right. No pavement shall be removed in any city under the provisions of this article, unless done under the direction of the common council, nor until auoh corporation shall give a bond in such sum as the common council may require for the replacing of any pavements which shall have been removed. In case any pavement shall ihave been removed and not properly relaid, the common council may bring suit in any court of record, for the cost of relaying such pavement against any such corporation. No gas-houses shall be erected in any city under the provisions of this article, for supplying gas to the inhabitants, unless consent is first given by the corporate authorities of the city. ARTICLE 7. Gas and Electric Light Corporations. Section 60. Incorporation. 61. Powers. 62. Gas and electric light must be supplied on application. 63. Deposit of money may be required. 64. Buildings may be entered for the examination of meters, pipes, fittings, wires and works. 65. Refusal or neglect to pay rent. 66. No rent for meters to be charged. § 60. Incorporation. Three or more persons may become a corporation for manufacturing and supplying gas for lighting the streets and public and private buildings of cities, villages and towns in this state, or for manufacturing and using electricity for producing light, heat or power, and in lighting streets, avenues, public parks and places, and public and private buildings of cities, villages and towns within tlhis state, or for two or more of sueh purposes, by making, signing, acknowledging and filing a certificate stating the name of the corpo- ration, its objects, the amount of its capital stock, the term of its exist- ence not to exceed fifty years, the number of shares of which the stock shall consist, the number of directors not less than three nor more than thirteen, the names and places of residence of the directors for the first year, and the names of the towns, villages, cities and counties in which the operations of the corporation are to be carrieJ on, and thereupon the persons who shall have signed the same, their associates and successors shall be a corporation by the name stated in the certificate. 304 The Village Laws of New Yoke: § 61. Powers. Every such corporation shall have the following additional powers: 1. If incorporated for the purpose of supplying gas for light, to manufac- ture gas, and to acquire by purchase or otherwise natural gas and to sell and furnish such quantities of gas as may be required in each city, town and village named in its certificate of incorporation, for lighting the streets, and public or private buildings or for other purposes; and to lay conductors for conducting gas through the streets, lanes, alleys, squares and highways, in each such city, village and town, with the consent of the municipal authori- ties thereof, and under such reasonable regulations as they may prescribe; and such municipal authorities shall have power to exempt any such corpo- ration from taxation on its personal property for a period not exceeding three years from the organization of the corporation. Any corporation authorized under any general or special law of this state to manufacture and supply gas shall have the like powers and privileges. 2. If incorporated for the purpose of using electricity for light, 'heat or power, to carry on the business of lighting by electricity or using it for heat or power in cities, towns and villages within this state, and the streets, avenues, public parks and places thereof, and public and private buildings therein; and for the purposes of such business to generate and supply elec- tricity; and to make, sell or lease all machines, instruments, apparatus and other equipments therefor, and to lay, erect and construct suitable wires or other conductors, witih the necessary poles, pipes or other fixtures in, on, over and under the streets, avenues, public parks and places of such cities, towns or villages, for conducting and distributing electricity, with the consent of the municipal authorities thereof, and in such manner and under such, reasonable regulations, as they may prescribe. Any electric light company in any town or village in this state (having a. contract with any town or incorporated village for the lighting of streets, parks, squares or public buildings in any town or village, shall have the right and is hereby vested with the power and authority to acquire such real estate as may be necessary for the purposes of its incorporation, or acquire the right of way through any property in the same manner as is now vested by law in water-works companies. Such real estate or right of way shall be acquired in the manner and form prescribed by the general condemnation law of this state. 3. Subject to the permission and approval of the proper public service com- mission, any two or more corporations organized under this article or under any general or special law of the state for the purpose of carrying on anv business which a corporation organized under this article might carry on, may consolidate such corporations into a single corporation, and any such corporation may with the like permission and approval be merged with any other such corporation, upon complying with the provisions of the 'business corporations law relating to the consolidation of business corpo- rations, and the stock corporation law relating to the merger of stock corporations. 4. Any corporation organized under this article or under any general or special law of this state for the purpose of using electricity for light, heat or power in cities, other than of the first class, towns or villages within this state, may have and acquire the following additional powers, to wit: the power of supplying steam to consumers from a central station or sta- The Village Laws 02? New York 305 tions through pipes laid in the public streets of the cities, towns and vil- lages within this state, and for that purpose, to lay, construct and maintain suitable pipes and conduits or other fixtures in, on and under the streets, avenues, public parks and places of such cities, towns or villages, with the consent of the municipal authorities thereof, and under such reasonable reg- ulations as they may prescribe. For the purpose of acquiring the powers above specified any such corporation may make, sign, acknowledge and file in the same manner as an original or amended certificate of incorporation, a certificate stating that such corporation desires and intends to exercise the powers hereinabove specified. Upon the making, signing, acknowledging and filing such certificate, such corporation shall have and acquire for the purposes specified in such certificate all the rights, privileges and powers, and be subject to all the restrictions of district steam corporations, specified in sections twelve, thirteen and fourteen of the business corporations law. § 62. Gas and electric light must be supplied on application. Upon the application, in writing, of the owner or occupant of any building or premises within one hundred feet of any main laid down by any gas light corporation, or the wires of any electric light corporation, and payment by ihim of all money due from him to the corporation, the corporation shall supply gas or electric light as may be required for lighting such building or premises, notwithstanding there be rent or compensation in arrears for gas or electric light supplied, or for meter, wire, pipe or fittings, furnished to a former occupant thereof, unless such owner or occupant shall have under- taken or agreed with the former occupant to pay or to exonerate him from the payment of such arrears, and shall refuse or neglect to pay the same; and if for the space of ten days after such application, and the deposit of a reasonable sum as provided in the next section, if required, the corporation shall refuse or neglect to supply gas or electric light as required, such corpo- ration shall forfeit and pay to the applicant the sum of ten dollars, and the further sum of five dollars for every day thereafter during which such refusal or neglect shall continue; provided that no such corporation shall be required to lay service pipes or wires for the purpose of supplying gas or electric light to any applicant where the ground in which such pipe or wire is required to be laid shall be frozen, or shall otherwise present serious obstacles to laying the same; nor unless the applicant, if required shall deposit in advance with the corporation a sum of money sufficient to pay the cost of his portion of the pipe or wire required to be laid, and the expense of laying such portion. § 63. Deposit of money may be required. Every gas light and electric light corporation may require every person to whom such corporation shall supply gas or electric light for lighting any building, room or premises to deposit with such corporation a reasonable sum of money according to the number and size of lights used or required, or proposed to be used, for two calendar months, by suoh person, and the quantity of gas and electric light necessary to supply the same, as security for tlhe payment of the gas and electric light rent or compensation for gas consumed, or rent of pipe or wire and fixtures, to become due to the corpo- ration, but every corporation shall allow and pay to every such depositor legal interest on the sum deposited for the time his deposit shall remain with the corporation. 306 The Village Laws of New Yoek § 64. Buildings may be entered for the examination of meters, pipes, fittings, wires and works. Any officer or other agent of any gas light or electric light corporation, for that purpose duly appointed and authorized by the corporation, may, at all reasonable times, upon exhibiting a written authority, signed by the president and secretary of the corporation, enter any dwelling, store, build- ing, room or place lighted with gas or electric light supplied by such corpo- ration, for the purpose of inspecting and examining the meters, pipes, fittings, wires and works for supplying or regulating the supply of gas or electric light and of ascertaining the quantity of gas or electric light consumed or supplied, and if any person shall, at any time, directly or indirectly, prevent or hinder any such officer or agent from so entering any such premises, or from making such inspection or examination at any reasonable time, he shall, for every such offense, forfeit to the corporation twenty-five dollars. § 65. Refusal or neglect to pay rent. If any person supplied with gas or electric light by any such corporation shall negect or refuse to pay the rent or remuneration due for the same or for the wires, pipes or fittings let by the corporation, for supplying or using such gas or electric light or for ascertaining the quantity consumed or used as required by his contract with the corporation, or shall refuse or neglect, after being required so to do, to make the deposit required, such corporation may prevent the gas or electric light from entering the premises of such person; and their officers, agents or workmen may enter into or upon any such premises between the hours of eight o'clock in the forenoon and six o'clock in the afternoon, and separate and carry away any meter, pipe, fittings, wires or other property of the corporation, and may disconnect any meter, pipe, fittings, wires or other works whether the property of the corpo- ration or not, from the mains, pipes or wires of the corporation. § 66. No rent for meters to be charged. No gas light corporation in this state shall charge or collect rent on its gas meters, either in a direct or indirect manner, and any person, party or corporation violating this provision shall be liable to a penalty of fifty dollars for each offense, to be sued for and recovered in the corporate name of the city or village where the violation occurs, in any court having jurisdiction, and when collected to be paid into the treasury of such city or village and to constitute a part of the contingent or general fund thereof. ARTICLE 8. Water-Works Corporations. Section 80. Incorporation. 81. Must supply water; contracts with municipalities. 82. Powers. 83. Survey and map. 84. Condemnation of real property. 85. Corporation may contract with other cities, towns or villages; amended certificate. The Village Laws of New Yobk 307 § 80. Incorporation. Seven or more pergoriB may become a corporation for the purpose of sup- plying water to any of the cities, towns or villages and tine inhabitants thereof in this state, by executing, acknowledging and filing a certificate stating the name of the corporation, the amount of its capital stock, the number of shares into which it is to be divided, the location of its principal office, the number of its directors, not less tuan seven, the names and places of residence of the directors for the first year, the names of the cities, towns and villages which it is proposed to supply with water; that the permit of the authorities of such cities, towns and villages herein required has been granted; the post-office address of each subscriber, and the number of shares he agrees to take in suoh corporation, the aggregate of which shall be at least one-tenth of the capital stock, and ten per centum of which shall be be paid in cash to the directors. At the time of filing there shall be annexed to the certificate and as a part thereof, a permit, signed and acknowledged by a majority of the board of trustees of the village, in case an incorporated village is to be supplied with water, and in case a town, or any part thereof, not within an incorporated village, is to be so supplied, by the supervisor, justice of the peace, town clerk and highway commissioners thereof or a majority of them, and in case a city is to be supplied with water, by the board of water commissioners of said city, or by such other board or set of officials as perform the duties of water commissioners and have charge of the water supply for said city, authorizing the- formation of such corpora- tion for the purpose of supplying suoh city, village or town with water, and an affidavit of at least three of the directors that the amount of capital stock herein required has been subscribed and paid in cash. § 81. Must supply water; contracts with municipalities. Every such corporation shall supply the authorities or any of the inhabit- ants of any city, town or village through which the conduits or mains of such corporation may pass, or wherein such corporations may have organized, with pure and wholesome water at reasonable rates and cost, and the board of trustees of any incorporated village and the water commissioners or other board or officials performing the duties of water commissioners, and having charge of the water supplies of any city of this state, shall have the power to contract in the name and behalf of the municipal corporation of which they are officers, for the term of one year or more for the delivery by such company to the village or city, of water through hydrants or otherwise, for the extinguishment of fires and for sanitary and other public purposes; and the amount of such contract agreed to be paid shall be annually raised as a part of the expenses of suoh village or city, ■ and shall be levied, assessed and collected in the same manner as other expenses of the village or city are raised, and when collected shall be kept separate from other funds of the village or city, and be paid over to such corporation by such trustees or city officials, according to the terms and conditions of any such contract; and any such contract entered into by the board of trustees of any village, or bv water commissioners or other board performing the duties of water com- missioners and having charge of the water suppy of any city, shall be valid and binding upon such village or city, but no such contract shall be made for a longer period than ten years nor for a sum exceeding in the aggregate, two and one-half mills for every dollar of the taxable property of such 30S The Village Laws of !New Yoke: village or cit}', per annum, except upon a petition of a majority of the tax- able inhabitants of any such village or city, or portion thereof, which it is proposed to supply with pure and wholesome water, unless a resolution authorizing the same has been submitted to a vote of the electors of the village or city, in the manner provided by the vilage law or city charter, and approved by a majority of the voters entitled to vote and voting on such question at any annual election or special election duly called; and any board of trustees or board of water commissioners or other city officials, when so authorized, may make such contract for a term not exceeding thirty years, and the amount of such contract shall be paid in semi-annual instalments. The town board of any town may establish a water supply district in such town outside of a city or incorporated village therein, by filing a certificate describing the bounds thereof, in the office of the town clerk; and may con- tract in the name of the town for the delivery, by a corporation, subject to the provisions of this article, of a supply of water for fire, sanitary or other public purposes, to such districts, and the whole town shall be bound by suoh contract, but the rental or expense thereof shall annually, in the same manner as other expenses of the town are raised, be assessed, levied upon and collected only from the taxable property within suoh water supply district. Such money, when collected, shall be kept as a separate fund and be paid over to such corporation by the supervisor of the town, according to the terms and conditions of any such contract. No such con- tract shall be made for a longer period than five years, nor for an annual expense exceeding three mills upon each dollar of tihe taxable property within such water supply district, provided, however, that where the population of the water supply district does not exceed one thousand inhabitants such contract may be made for a period not longer than ten years. § 82 Powers. Every such corporation shall have the following additional powers: 1. To lay and maintain its pipes and hydrants for delivering and dis- tributing water in any street, highway or public place of any city, town or village in which it has obtained the permit required by section eighty of this article. 2. To lay its water pipes in any streets ot avenues or public places of an adjoining city, town or village, to the city, town or village where such permit 'has been obtained, provided that such right in an adjoining city or village having a population of more than twelve thousand inhabitants shall he subject to the permission of the local authorities thereof and upon such conditions as they may prescribe. 3. To cause such examinations and surveys for its proposed water-works to be made as may be necessary to determine the proper location thereof, and for such purpose by its officers, agents or servants to enter upon any lands or waters in the city, town or village where organized, or in any adjoining city, town or village for the purpose of making suoh examinations or surveys, subject to liability for all damages done. § 83. Survey and map. Before entering upon, taking or using any land, for the purposes of its incorporation suoh corporation shall cause a survey and map to be made of the lands intended to be taken or entered upon, by and on which the The Village Laws of New Yoke 309 land of each owner or occupant shall be designated, which map shall be signed by the president and secretary, and filed in the office of the county clerk of the county in which such lands are situated. § 84 Condemnation of real property. Any corporation organized under this article, shall have the right to acquire real estate, or any interest therein necessary for the purposes of its incorpo- ration, and the right to lay, relay, repair and maintain conduits and water pipes with connections and fixtures in, through or over the lands of others, the right to intercept and divert the flow of waters from the lands of riparian owners, and from persons owning or interested in any waters, and the right to prevent the flow of drainage of noxious or impure matters from the lands of others into its reservoirs or sources of supply. If any such corporation, which has made a contract with any city, town or village or with any of the inhabitants thereof for the supply of pure and wholesome water as authorized by section eighty-one of this article, shall be unable to agree upon the terms of purchase of any such property or rights, it may acquire the same by condemnation. But no such corporation shall have power to take or use water from any of the canals of this state, or any canal reservoirs as feeders, or any streams which have been taken by the state for the purpose of supplying the canals with water. § 85. Corporation may contract with other cities, towns or villages; amended certificate. When any such corporation has entered into a contract with the authori- ties of any city, town or village not mentioned in its certificate of incorpo- ration, but situated in the same county as the city, towns or villages men- tioned therein or an adjoining county, to supply it with pure and wholesome water, it may file an amended certificate, stating the name of such other city, town or village to be so supplied with water, and it may thereupon supply any such city, town or village with water in the same manner and with the same rights and subject to the same requirements as if it had been named in the original certificate of incorporation. ARTICLE 9. Telegraph and Telephone Corporations. Section 100. Incorporation. 101. Extension of lines. 102. Construction of lines. 103. Transmission of dispatches. 104. Consclidation of corporations. 105. Special policemen. 106. Application of article. § 100. Incorporation. Seven or more persons may become a corporation for the purpose of con- structing, owning, using and maintaining a line or lines of electric telegraph or telephone, wholly within or partly beyond the limits of this slate, or for the purpose of owning any interest in any such line or lines, or anv grants 310 The Village Laws of New Yoek therefor by executing, acknowledging and filing a certificate, stating the name of the corporation; Its general route and the points to be connected; its capital stock; the number of shares into which it is to be divided; the term of its existence; the number of its directors not less than seven; the names and residences of the directors for the first year, and the post-office addresses of the subscribers and the number of shares which each agrees to take in such corporation. § 10 1. Extension of lines. Any such corporation may construct, own, use and maintain any line of electric telegraph or telephone, not described in its original certificate of incorporation, whether wholly within or wholly or partly beyond the limits of this state, and may join with any other corporation in constructing, 'leasing, owning, using and maintaining such line, or hold or own any interest therein, or become lessees thereof, upon filing in the same manner as the original certificate is required to he filed an amended certificate, executed and acknowledged by at least two-thirds of the directors of such corporation, describing the general route of such line or lines, and designating the extreme points connected thereby, and upon procuring the written consent of the persons owning at least two-thirds of the capital stock of such corporation, and such amended certificate shall not be filed until there is indorsed thereon or annexed thereto an affidavit made by at least three of the directors of the corporation that such consent has been obtained, which affidavit shall be filed with and be a part of such certificate. § 102. Construction of lines. Such corporation may erect, construct and maintain the necessary fixtures for its lines upon, over or under any. of the public roads, streets and high- ways; and through, across or under any of the waters within the limits of this state, and upon, through or over any other lands, subject to the right of the owners thereof to full compensation for the same. If any such corporation can not agree with such owner or owners upon the compensation to be paid therefor, such compensation shall be ascertained in the manner provided in the condemnation law. Any company or companies organized and incorporated under the laws of this state for the purpose of owning, con- structing, using and maintaining a line or lines of electric telegraph within this state or partly within ami partly beyond the limits of this state, are hereby authorized, from time to time, to construct and lay lines of electrical conductors under ground in any city, village or town within the limits of this state, subject to all the provisions of law in reference to such companies not inconsistent with this section; provided that such company shall, before laying any such line in any city, village or town of this state, first obtain from the common council of cities, the trustees of villages, or the commis- sioners of highways of towns, permission to use the streets within such city, village or town for the purposes herein set forth. Nothing herein contained shall be so construed as in any way to limit, alter, or affect the provisions or powers relating or granted to telegraph companies heretofore created by special act of the legislature of this state, except in so far as to confer on any such company the right to lay electrical conductors under ground. The Village Laws of New Yobk 311 § 103. Transmission of dispatches. Every such corporation shall receive dispatches from and for other tele- graph or telephone lines or corporations, and from and for any individual,, and on payment of the usual charges by individuals for transmitting dis- patches as established by the rules and regulations of sueh corporation, transmit the same with impartiality and good faith and in the order in which they are received, and if it neglects or refuses so to do, it shall pay one hundred dollars for every such refusal or neglect to the person or persons sending or desiring to send any such dispatch and entitled to have the same so transmitted, but arrangements may be made with the proprietors or pub- lishers of newspapers for the transmission for publication of intelligence of general and public interest out of its regular order. § 104. Consolidation of corporations. Any corporation organized under this article may lease, sell or convey its- property, rights, privileges and franchises, or any interest therein, or any part thereof to any telegraph or telephone corporation organized under or created by the laws of this or any other state, and may acquire by purchase,, lease or conveyance the property rights, privileges and franchises, or any interest therein or part thereof of any such corporation, and may make payments therefor in its own stock, money or property, or receive payment therefor in the stock, money or property of the corporation to which the same may be so sold, leased or conveyed, but no such lease, sale, purchase or conveyance shall be valid until it shall have been ratified and approved by a three-fifths vote of its board of directors or trustees, and by the vote or written consent of stockholders owning at least three-fifths of the capital stcck given at » meeting of all the stockholders duly called for that purpose. § 105. Special policemen. The police department or board of police of any city may, in addition to the police force now authorized by law, appoint a number of persons, not exceeding two hundred, who may be designated by any corporation operating a system of signaling by telegraph to » central office for police assistance, to act as special patrolmen in connection with such telegraphic system. And the persons so appointed shall, in and about such service, have all the powers possessed by the members of the regular force, except as they may be limited by and subject to the supervision and control of the police department or board of police of such city. No person shall be appointed such special policeman who does not possess the qualifications required by such police department or board of police for such special service; and persons so appointed shall' be subject, in case of emergency, to do duty as part of the regular police force of the city. The police department or board of police shall have power to revoke any sueh appointment at. any time, and every person appointed shall wear a badge and uniform, to be furnished by such corporation and approved by the police department or board of police; such uniform shall be designated at the time of the first appointment and shall be the permanent uniform to be. worn by such special police, and the pay of such special patrolmen and all expenses connected with their service shall be wholly paid by such corporation, and no expense or liability shall at any 312 The Village Laws of New York time be incurred or paid by the police department or board of police of any city, for or by reason of the services of such person so appointed. § 106. Application of article. The provisions of this article shall apply to corporations for the genera- tion and distribution of music electrically; and such corporations shall pos- sess the powers and be subject to all the duties granted to or imposed upon telegraph and telephone companies thereby except that such corporations shall not have or exercise the right of condemnation. The Village Laws of New Yoek 313 V. TOWN LAW— MISCELLANEOUS PROVISIONS. (Chapter 62 of the Consolidated Laws.) I 85. Compensation of town officers. Town officers shall be entitled to compensation at the following rates for each day actually and necessarily devoted by them to the service of the town in the duties of their respective offices, when no fee is allowed by law for the service, as follows: 1. The supervisor, except when attending the board of supervisors, town clerk, assessors, justices of the peace and overseers of the poor, each, two dollars per day, except that in any town where the assessed valuation of real estate is over twenty million dollars, the town board of such town may determine by resolution that the assessors shall receive each year a salary of not exceeding one thousand dollars in lieu of per diem compensa- tion hereinbefore provided for, and except that the town board of any town may fix a different compensation for the assessors in their town, of not less than two nor more than three dollars per day, each, and also except that - in the county of Monroe, assessors shall be entitled to three dollars per day, and also, except that in the county of Nassau assessors and super- intendents of highways shall be entitled to three dollars per day, and the town boards of the towns of and in said county of Nassau, having a popu- lation, as appears by the last federal census, of seventeen thousand in- habitants, or more, are hereby authorized and empowered to fix an annual compensation for the assessors and superintendents of highways of said towns, not to exceed twelve hundred dollars per annum each, and to pro- vide for the payment of said compensation, in quarterly instalments. The town board of any town may, at a regular meeting, fix the compensation of the superintendent of highways of such town at a, sum of not less than two nor more than five dollars per day. 2. If a different rate is not otherwise established as herein provided, each inspector of election, ballot clerk and poll clerk is entitled to two dollars per day; but the board of supervisors may establish in their county a higher rate, not exceeding six dollars per day. 3. The supervisor of each town shall be allowed and paid, in the same manner as other town charges are allowed and paid, » fee of one per centum on all moneys paid out by him as such supervisor, including school moneys disbursed by him as provided in the education law, moneys paid out by him for damages arising from dogs killing or injuring sheep as provided in article seven of the county law, moneys in his hands paid out by him for the relief of the poor, and all other town moneys paid out by him for defraying town charges, except moneys expended under the highway law. But no such fees shall be allowed or paid upon moneys paid over by him to his successor in office. Such fees shall be in full compensation for all services rendered by him in respect to moneys received and paid out by him as such supervisor" as provided by law except the compensation provided in section one hundred and ten of the highway law. Amended by L. 1909, Ch. 491. In effect May 25, 1909. 314 The Village Laws of New Yoek. § 86. Compensation of town clerks in certain towns. The town clerk of each town containing a population of twenty thousand or upwards, except the counties of Kings and Richmond, shall be entitle! to> receive the same compensation for attending all meetings of town boards in his town as each other member of such board in addition to all compensa- tion, salary and fees to which he is now entitled by law for the performance of all the other duties of said office. § 87. Per diem allowances of town officers. No town officer shall be allowed any per diem compensation for his ser- vices unless expressly provided by law. § 236. Acquisition of property by condemnation. If sewer commissioners are unable to agree with the owners for the pur- chase of real property necessary for the construction of the sewer system, they may acquire the same by condemnation, whether it be necessary to acquire the fee or an easement for a right of way therein, and whether the property and easements necessary to be acquired are within the territorial limits of the sower district as established; said sewer commissioners may enter into an agreement with the board of trustees or other duly authorized officers of an adjoining incorporated village, to sewer some part or portion of suoh incorporated village, and to lay and maintain pipes therein, and when pipes are laid and maintained and sewer system constructed within the limits of an adjoining incorporated village pursuant to an agreement so 'made, the sewer commissioners shall have the same control and exercise the same rights and privileges in connection with the system constructed within the limits, of an incorporated village as they have in connection with the system estab- lished within the sewer district as laid out. Amended by L. 1913, ch. 73. In effect Mar. 11, 1913. § 341. Erection and control of town house. Sites shall be purchased and houses erected by the town board in the name of the town, and shall be controlled by the town board; and the electors may, from time to time, vote such sum of money as may be necessary to keep any town house in repair and insured, except where the building is to be erected within the limits of an incorporated village and the town is to - contribute but a part of the expense of erecting the building, in which case the town board and the board of trustees of the village shall agree upon the terms and conditions of the use, management, control and repair of the por- tions of the town house fot town and village purposes respectively. ARTICLE 19. Fences. Section 360. Apportionment of division fence. 361. When lands may lie open. 362. Division fence on change of title. 363. Settlement of disputes. 364. Powers of fence viewers. 365. Neglect to make or repair division fence. 366. Fence destroyed by accident. 367. Damages for insufficient fence. 368. Damages for omitting to build fence. 369. Use of barbed wire for division fence. 5 360. Apportionment of division fence. Each owner of two adjoining tracts of land, except when they otherwise agree, shall make and maintain a just and equitable portion of the division fence between such lands, unless both of said adjoining owners shall a^ree to let their said lands lie open, along the division line, to the use of all animals Which may be lawfully upon the lands of either. When the adjoining lands shall border upon any of the navigable lakes, streams or rivers of the state, the owners of the lands shall make and maintain the division fence between them down to the line of low water mark, in such lakes, streams or rivers, except those lands which overflow annually so as to be so sub- merged with water that no permanent fence can be kept thereon, and known The Village Laws of New Yoek. 315 as low flat lands; and when adjoining lands shall be bounded by a line between the banks of streams of water not navigable, and the owners or occupants thereof cannot agree upon the manner in which the division fence between them shall be maintained, the fence viewers of the town shall direct upon which bank of the stream, and where the division fence shall be located, and the portion to be kept and maintained by each adjoining owner. Amended by L. 1911, ch. 86. I 361. Lands lying open. When the owners of adjoining lands shall choose to let them lie open, as provided in section three hundred and sixty, neither of such owners shall be liable to the other in any action or proceeding for any damages done by animals lawfully upon the former's premises going upon the lands so lying open or upon any other lands of the owner thereof through such lands so lying open. Either owner of any lands so lying open and adjoining, may, unless the agreement is for a specified period, and after such agn t has expired may then have the same inclosed, by giving written notkt > that effect to the owners or occupants of the adjoining lands, whereupon it shall be the duty of both parties to build and maintain their several proportions of a division fence. Amended by L. 1911, ch. 86. § 362. Division fence on change of title. Whenever a subdivision, or new apportionment of any division fence shall become necessary by reason of transfer of the title of either of the adjoining owners, to the whole, or any portion of the adjoining lands, by conveyance, devise or descent, such subdivision or new apportionment shall thereupon be made by the adjoining owners affected thereby; and either adjoining owner shall refund to the other a just proportion of the value at the time of such transfer of title, of any division fence that shall theretofore have been made and maintained by such other adjoining owner, or the person from whom he derived his title, or he shall build his proportion of such division fence. The value of any fence, and the proportion thereof to be paid by any person, and the proportion to be built by him, shall be determined by any two of the fence viewers of the town, in case of disagreement. § 363. Settlement of disputes. If disputes arise between the owners of adjoining lands, concerning the liability of either party to make or maintain any division fence, or the pro- portion or particular part of the fence to be made or maintained by either of them, such dispute shall be settled by any two of the fence viewers of the town, one of whom shall be chosen by each party; and if either neglects, after eight days' notice to make such choice, the other party may select both. The fence viewers, in all matters heard by them, shall see that all interested parties have had reasonable notice thereof, and shall examine the premises and hear the allegations of the parties. If they can not agree, they shall Select another fence viewer to act with them, and the decision of any two ehall be reduced to writing, and contain a description of the fence, and the proportion to be maintained by each, and shall be forthwith filed in the office of the town elerk, and shall be final upon the parties to such dispute, and all parties holding under them. 3i«J The Village Laws of jSew Yoek § 364. Powers of fence viewers. Witnesses may be examined by the fence viewers on all questions sub- mitted to them; and either of such fence viewers may issue subprenas for witnesses, who shall receive the same fees as witnesses in a justice's court. Each fence viewer thus employed shall be entitled to one dollar and fifty cents per diem. The party refusing or neglecting to pay the fence viewers or either of them shall be liable to an action for the same with costs. § 365. Neglect to make or repair division fence. If any person who is liable to contribute to the erection or repair of a division fence, shall neglect or refuse to make and maintain his proportion of such fence, or shall permit the same to be out of repair, he shall be liable to pay the party injured all such damages as shall accrue thereby, to be ascer- tained and appraised by any two fence viewers of the town, and to be re- covered with costs. The appraisement shall be reduced to writing, and signed by the fence viewers making it. If such neglect or refusal shall be continued for the period of one month after request in writing to make or repair the fence, the party injured may make or repair the same, at the ex- pense of the party so neglecting or refusing, to be recovered from him with costs. § 366. Fence destroyed by accident. Whenever a division fence shall be injured or destroyed by floods, or other casualty, the person bound to make and repair such fence, or any part thereof, shall make or repair the same, or his just proportion thereof, within ten days after he shall be so required by any person interested therein. Such req-isilicn shall be in writing, and signed by the party making it. If the person so notified shall refuse or neglect to make or repair his proportion of such fence, for the space of ten days after such request, the party injured may make or repair the same at the expense of the party so refusing or neglecting, to be recovered from him with costs. § 367. Damages for insufficient fence. Whenever the electors of any town shall have made any rule or regulation, prescribing what shall be deemed a sufficient division fence in such town, any person who shall thereafter neglect to keep a fence according to such rule or regulation shall be precluded from recovering compensation for dam- ages done by any beast lawfully kept upon the adjoining lands that may enter therefrom on any lands of such person, not fenced in conformity to the said rule or regulation, through any such defective fence. When the suffi- ciency of a fence shall come in question in any action, it shall be presumed to have been sufficient until the contrary be established. § ?58. Damages for omitting to build fence. If any person liable to contribute to the erection or repair of a division fence shall neglect or refuse to make and maintain his proportion of such fence, or shall permit the same to be out of repair, he shall not be allowed to have and maintain any action for damages incurred by beasts coming thereon from adjoining lands where such beasts are lawfully kept, bv reason of such defective fence, but shall be liable to pay to the party injured all damages that shall accrue to his land?, pnd the crops, fruit trees and shrub- The Village Laws of New Yoke. 317 bery thereon, and fixtures connected with the land, to be ascertained and appraised by any two fence viewers of the town, and to be recovered, with costs; which appraisement shall be reduced to writing and signed by the fence viewers making the same, but shall be only prima facie evidence of the amount of such damages. S 369. Use of barbed or other wire for division fence. Barbed or other wire may be used in the construction of any division fence, provided, however, that the person or corporation desiring to use such ma- terial shall first obtain from the owner of the adjoining property his written consent that it may be so used. If the owner of the adjoining property re- fuses to consent to the building of such a fence, it may nevertheless be built in the following manner: The fence shall be of at least four strands of wire with a sufficient bar of wood at the top; and the size of such top bars and of the posts and supports of such fence, and their distances apart, shall be such as the fence viewers of the town may prescribe, and with the posts no further apart than fourteen feet; and such fence shall be otherwise substantially built and reasonably sufficient inclosure for holding the par- ticular kind or class of cattle or animals usually pastured on either side of the fence. Nothing contained in section three hundred and sixty-seven shall be construed to authorize the electors of any town to prohibit the use of wire fences, for division fences, if such fences comply with the require- ments of this section. Whenever such fence shall become so out of repair as to be unsafe, it shall be the duty of the owner or owners to immediately repair the same. But any person building such a fence without the written consent of the owner of the adjoining property shall be liable to all damages that may be occasioned by reason of such fence. But this section shall not be so construed as to permit railroad corporations to use barbed wire in the construction of fences "along their lines contrary to the provisions of section fifty-two of the railroad law. Amended by L. 1911, ch. 86. ARTICLE 20. Strays. Section 380. Lien upon strays. 381. Notice of lien to town clerk. 382. Impounding strays. 383. Notice of strays to owner. 384. Charges for notice of strays. 385. Fees of fence viewers as to strays. 386. Foreclosure of lien upon strays. 387. Notice of sale of strays by fence viewers. 388. Proceeds of sale of strays. 389. Notice to owner of strays of fence viewers' meeting. 390. Duties of fence viewers as to strays. 391. Foreclosure of lien upon strays by action. 392. Duty of pound-master as to strays; fees. 393. Surplus money upon sale of strays. 394. Damages from other personal property. 395. Penalty for conversion of floating lumber. 396. Application of article. § 380. Lien upon strays. Whenever any person shall have any strayed horses, cattle, sheep, swine or other beasts upon his inclosed land, or shall find any such beast on land owned or occupied by him doing damage, and such beast shall not have come upon such lands from adioininy them. Amended by L. 1913, oh. 629. In effect May 23, 1913. | 134. Value to be recovered. The value of any dog destroyed by any constable except as herein pro- -vided may be recovered by the owner of such dog from either such constable or the town wherein such dog is destroyed. § *35- Disposition of registration fees and penalties. The town clerk shall at the end of every calendar month pay to the super- visor all fees received by him during such month for the registration of dogs and bitches under this article, less the sum of twenty-live cents for each dog and bitch registered, which may be retained by him as his fee therefor. Any village clerk receiving such fees or the proceeds of penalties provided for by this chapter shall pay over the same monthly, less such regis- tration fees, to the village treasurer, and the latter shall retain the same in a separate fund until the close of the fiscal year of such village, excepting that he shall, from time to time, pay therefrom to the supervisor of the town in whieh sueh village is located any portion thereof which the super- visor certifies to be needed for satisfying claims for the killing or injuring of sheep in such town after the other moneys in the hands of the super- The Village Laws of New Yoek 329 visor, applicable to such purposes, have been exhausted. Any part of such fund in the hands of a village clerk and treasurer not so paid out and remaining in their hands at the close of such fiscal year shall belong to the village and may be applied to such village purpose as the trustees thereof may direct. A justice of the peace before whom a penalty is recovered as provided in section one hundred and thirty-two of this article, if the com- plaint was made by » town clerk, shall forthwith pay one-half thereof,. when collected, to the supervisor, and one-half to the town clerk for his fees in making the complaint in the action in which such penalty is recovered. The money paid to the supervisor pursuant to this section on account of registration fees and penalties, or paid to him by any village clerk under the provisions of this section, shall, except as otherwise provided herein, be applied for the same purposes as provided by law with respect to taxes col- lected upon dogs. If the complaint in any action for such penalty was made by a village clerk, then the whole of such penalty shall be paid to such clerk to be thereafter applied as hereinabove in this section provided. § 136. Actions for injury or destruction of unregistered dogs. No person shall hereafter maintain an action for an injury to or the destruction of any dog, unless it shall affirmatively appear that such dog has been duly registered as provided by section one hundred and twenty- nine of this article. Nothing in sections one hundred and twenty-eight to one hundred and thirty-six, both inclusive, shall apply to an incorporated city of the state. 330 The Village Laws oe New Yobk. VII. PUBLIC HEALTH LAW*— MISCELLANEOUS PROVISIONS. (Chapter 45 of the Consolidated Laws.) ARTICLE 2. State Department of Health. Section 2. State department of health; commissioner of health; deputy. 2-a. Public health council. 2-b. Sanitary code. 2-c. Enforaement of sanitary code. 4. General powers and duties of commissioner. 4-a. Sanitary districts; sanitary supervisors; public health nurses. 11. Power of commissioner where board of health fails to appoint health officer. § 2. State department of health; commissioner of health; deputy. The state department of health and the office of commissioner of health are continued. The commissioner of health shall be the head of such de- partment. Such commissioner shall be appointed by the governor, by and with the advice and consent of the senate, and shall be a physician, a graduate of an incorporated medical college, of at least ten years' experience in the actual practice of his profession, and of skill and experience in public health duties and sanitary science. During his term of office he shall not engage in any occupation which would conflict with the performance of his official duties. The term of office of the commissioner shall be six years, beginning on the first day of January of the year in which he is appointed. The commissioner of health shall appoint and at pleasure remove a deputy com- missioner, who shall be a physician actively engaged in the practice of his profession in this state for at least five years. The deputy shall perform such duties as shall be prescribed by the commissioner. (Amended by L. 1913, ch. 559. In effect May 16, 1913.) § 2-a. Public health council. Th»re shall be a public health council to consist of the commissioner of health, and six members hereinafter called the appointive members, to be appointed by the governor, of whom at least three shall be physicians and shall have had training or experience in sanitary science, and one shall be m. sanitary engineer. Of the appointive members first appointed one shall Editor's Note. — For a full treatment of this subject see Parker and Worthington on Public Health and Safety, also Bender's Health Officers* Manual. The Village Laws of New York. 331 hold office until January first, nineteen hundred and fourteen, one until January first, nineteen hundred and fifteen, one until January first, nineteen hundred and sixteen, one until January first, nineteen hundred and seventeen, one until January first, nineteen hundred and eighteen, and one until Jan- uary first nineteen hundred and nineteen, and the terms of office of members thereafter appointed, except to fill vacancies, shall be six years. Vacancies shall be filled by appointment for the unexpired term. The public health council shall meet as frequently as its business may require, and at least twice in each year. The governor shall designate one of the members of the public health council as its chairman. The commissioner of health upon the request of the public health council shall detail an officer or employee of the department of health to act as secretary of the public health council, and shall detail from time to time such other employees as the public health council may require. The public health council shall enact and from time to time may amend by-laws in relation to its meetings and the transaction of its business. The members of the public health council other than the commis- sioner of health shall each receive an annual salary of one thousand dollars and all members shall be reimbursed for their reasonable and necessary traveling and other expenses incurred in the performance of their official duties. (Added by L. 1913, ch. 559, In effect May 16, 1913.) § 2-b. Sanitary code. The public health council shall have power by the affirmative vote of a majority of its members to establish and from time to time amend sanitary regulations, hereinafter called the sanitary code, without discrimination against any licensed physicians. The sanitary code may deal with any mat- ters affecting the security of life or health or the preservation and improve- ment of public health in the state of New York, and with any matters as to which jurisdiction is hereinafter conferred upon the public health council. The sanitary code may include provisions regulating the practice of mid- wifery and for the promotion of health in any or all Indian reservations. Every regulation adopted by the public health council shall state the date on which it takes effect, and a copy thereof, duly signed by the secretary of the public health council, shall be filed in the office of the secretary of state, and a copy thereof shall be sent by the commissioner of health to each health offictr within the state, and shall be published in such manner as the public health council may from time to time determine. The provisions of the sanitary codes shall have the force and effect of law and any violation of any portion thereof may be declared to be a misdemeanor. No provision of the sanitary code shall relate to the city of New York or any portion thereof, and every provision of the sanitary code shall apply to and be effective in all portions of the state except the city of New York unless stated otherwise. (Added by L. 1913, ch. 559. In effect May 16, 1913.) 5 2-c Enforcement of sanitary code. The provisions of the sanitary code shall, as to matters to which it relates, and in the territory prescribed therefor by the public health council, super- 332 The Village Laws of New York. aede all local ordinances heretofore or hereafter enacted inconsistent there- with. Each city, town or village may, in the manner hereinafter prescribed, enact sanitary regulations not inconsistent with the sanitary code established by the public health council. The public health council shall have power to prescribe by regulations the qualifications of directors of divisions, sanitary supervisors, local health officers hereafter appointed and public health nurses. The actions, proceedings and authority of the state hea'th department in enforcing the provisions of the public health law and sanitary code applying them to specific cases shall at all times be regarded as in their nature judi- cial, and shall be treated as prima facie just and legal. All meetings of said public health council shall in every suit and proceeding be taken to have been duly called and regularly held, and all regulations and proceedings to have been duly authorized unless the contrary be proved. The public health council shall have no executive, administrative or ap- pointive duties. It shall, at the request of the commissioner of health, con- sider any matter relating to the preservation and improvement of public health, and may advise the commissioner thereon; and it may from time to time submit to the commissioner any recommendations which it may deem wise. (Added by L. 1913, ch. 559. In effect May 16, 1913.) § 4. General powers and duties of commissioner. The commissioner of health shall take cognizance of the interests of health and life of the people of the state, and of all matters pertaining thereto. He shall exercise general supervision over the work of all local health author- ities except in the city of New York. He shall be charged with the enforce- ment of the public health law and the sanitary code. He shall make in- quiries in respect to the causes of disease, especially epidemics, and investi- gate the sources of mortality, and the effect of localities, employments and other conditions, upon the public health. He shall obtain, col'ect and pre- serve such information relating to mortality, disease and health as may. be useful in the discharge of his duties or may contribute to the promotion of health or the security of life in the state. He may issue subpoenas, compel the attendance of witnesses and compel them to testify in any matter or proceeding before him, and a witness may be required to attend and give tes- timony in a county where he resides or has a place of business without the payment of any fees. The commissioner of health may reverse or modify an order, regulation, by-law or ordinance of a local board of health concerning a matter which in his judgment affects the public health beyond the terri- tory over which such local board has jurisdiction; and may exercise exclusive jurisdiction over all lands acquired by the state for sanitary purposes. The commissioner of health and any person authorized by him so to do may without fee or hindrance, enter, examine and survey all grounds erections, vehicles, structures, apartments, buildings and places. (Amended by L. 1913 ch. 559. In effect May 16, 1913.) The Village Laws of New York. 333 § 4-a. Sanitary districts; sanitary supervisors; public health nurses- The commissioner of health shall from time to time divide the state, except, cities of the first class, into twenty or more sanitary districts. He shall ap- point for each of such districts a sanitary supervisor who shall be a physician. Each sanitary supervisor, under the direction of the commissioner of health and subject to the provisions of the sanitary code, shall, in addition to such other duties as may be imposed upon him, perform the following duties: 1. Keep himself informed as to the work of each local health officer within his sanitary district; 2. Aid each local health officer within his sanitary district in the perform- ance of his duties, and particularly on the appearance of any contagious disease; 3. Assist each local health officer within his sanitary district in making an annual sanitary survey of the territory within his jurisdiction, and in maintaining therein a continuous sanitary supervision; 4. Call together the local health officers within his district or any portion, of it from time to time for conference; 5. Adjust questions of jurisdiction arising between local health officers within his district; 6. Study the causes of excessive mortality from any disease in any portion of his district; 7. Promote efficient registration of births and deaths; 8. Inspect from time to time all labor camps within his district and en- force the regulations of the public health council in relation thereto; 9. Inspect from time to time all Indian reservations and enforce all pro- visions of the sanitary code relating thereto; 10. Endeavor to enlist the co-operation of all the organizations of physi- cians within his district in the improvement of the public health therein; 11. Promote the information of the general public in all matters pertain- ing to the public health; 12. Act as the representative of the state commissioner of health, and under his direction, in securing the enforcement within his district of the provi- sions of the public health law and the sanitary code. The commissioner of health whenever he may deem it expedient so to do, may employ such number of public health nurses as he may deem wise within the limits of his appropriation, and may assign them from time to time to such sanitary districts and in such manner as in his judgment will best aid in the control of contagious and infectious diseases and in the promotion of public health. (Added by L. 1913, ch. 559. In effect May 16, 1913.) 334 The Vili.age Laws of New York. S 11. Power of commissioner where board of health falls to appoint health officer. If any local board of health shall fail to appoint a health officer, the com- missioner of health may, in such municipality, exercise the powers of a health officer thereof. The expenses lawfully incurred by him in such munici- pality shall be a charge upon and paid by such municipality until such time a° a local health officer shall be appointed therein, whereupon the jurisdiction of the commissioner of health conferred by this section shall cease. (Amended by L. 1913, ch. 559. In effect May 16, 1913.) The Village Laws oe New Yobx. 335 ARTICLE 8. Local Boards of Health. Section 20. Local boards of health. 21. General powers and duties of local boards of health. 21-a. Powers and duties as to sewers. 21-b. General powers and duties of health officer*. 21-c. Public health nurses. 22. Vital statistics. 23. Burials and burial permits. 24. Regulating interments in cemeteries. 25. Infectious and contagious or communicable diseases. 26. Nuisances. 27. Owner to bear all or part of expense of removal of waters where mosquito larvae breed. 28. Assessing cost on property benefited. 29. Municipality may bear part of expense. 30. Assessing expense upon property benefited. 31. Removal of nuisances. 32. Expense of abatement of nuisances a lien upon the premises. 33. Manufactures in tenement houses and dwellings. 34. Jurisdiction of town boards. 35. Expenses, how paid. 37. Mandamus. S 20. Local boards of health. There shall continue to be local boards of health and health officers in th« several cities, villages and towns of the state. In the cities, except cities of the first and second class, the board shall consist of the mayor of the city who shall be its president, and at least six other persons, one of whom shall | be a competent physician, who shall be appointed by the common council, 1 upon the nomination of the mayor, and shall hold office for three years. Appointments of members of such boards shall be made for such shorter I terms as at any time may be necessary, in order that the terms of two ap- 1 pointed members shall expire annually. In cities, except cities of the first j and second class, and such other cities whose charters otherwise provide, the board shall appoint, for a term of four years, » competent physician, not one of its members, to be the health officer of the city, and shall fill any vacancy that now exists or may hereafter exist from expiration of term or otherwise in the office of health officer of the city. In villages the board shall consist of the board of trustees of such village. In towns the board of health shall consist of the town board. The local board of health shall appoint a com- petent physician, not a member of the local board of health, to be the health officer of the municipality. The term of office of the health officer shall be four years and he shall hold office until the appointment of his successor. He may be removed for just cause by the local board of health or the state commissioner of health after a hearing; such removal by the local board of health must be approved by the state commissioner of health. The health SS6 The Village Laws of New Yokk. officer need not reside within the village or town for which he shall be chosen, but unless he shall, he must reside in an adjoining town. Notice of the membership and organization of every looal board of health shall be forth- with given by such board to the state department of health. The term. " municipality," when used in this article, means the city, village or town for which any such local board may be or is appointed. The provisions herein contained as to hoards of health, and for the appointment of health officers, shall apply to all towns and villages, whether such viiages are organized under general or special laws. All rights, powers, duties and obligations of each and every town board of health on the date on which this section as amended shall take effect are hereby transferred on that date to the town board of the town, and all rights, powers, duties and obligations of each and every village board of health on the date on which this section as amended shall take effect are hereby transferred on that date to the board of trustees of the village. The members of town boards and of village boards of trustees shall not receive additional compensation by reason of serving as members of town and village boards of health respectively. Any matter within the jurisdiction of a town or village board of health may be considered and acted upon at any meeting of such town board or village board of trustees. (Amended by L. 1909, ch. 105; L. 1913, ch. 559. In effect May 16, 1913.) § 21. General powers and duties of local boards of health. Every such local board of health shall meet at stated intervals to be fixed by it, in the municipality. The presiding officer of every such board may call special meetings thereof when in his judgment the protection of the public health of the municipality requires it, and he shall call such meeting upon the petition of at least twenty-five residents thereof, of full age, setting forth the necessity of such meeting. Every such local board, subject to the provisions of the public health law and of the sanitary code, shall prescribe the duties and powers of the local health officer, who shall be its chief exec- utive officer, and direct him in the performance of his duties, and fix his com- pensation, which in case of health officers of cities, towns and villages, having a population of eight thousand or less, shall not be less than the equivalent of ten cents per annum per inhabitant of the city, town or village according to the latest federal or state enumeration; and in cities, towns and villages having a population of more than eight thousand shall not be less than eight hundred dollars per annum. In addition to his compensation so fixed, the board of health must allow the actual and reasonable expenses of said health officer in the performance of his official duties and in going to, attend- ing and returning from, the annual sanitary conference of health officers, or equivalent meeting, held yearly within the state, and conferences called' by the sanitary supervisor of the district, and whenever the services rendered by its health officer shall include the care of smallpox, the board of health shall allow, or whenever such services are extraordinary, by reason of infec- tious diseases, or otherwise, they may in their discretion, allow to him suca further sum in addition to said fixed compensation as shall be equal to the charges for consultation services in the locality, audited by the town board cf a town, by the board of trustees of a village or by the proper auditing board of a city of the third class, which said expenses and said additional coi°«ph«- The Village Laws of New York. 337 tion shall be a charge upon and paid by the municipality as provided in section thirty-five of this chapter. Every such local board shall make and publish from time to time all such orders and regulations, not inconsistent ■with the provisions of the sanitary code, as it may deem necessary and proper for the preservation of life and health and the execution and enforce- ment of this chapter in the municipality. It shall make without publication thereof, such orders and regulations for the suppression of nuisances and concerning all other matters in its judgment detrimental to the public health in special or individual cases, not of general application, and serve copies thereof upon the owner or occupant of any premises whereon such nuisances or other matters may exist, or upon which may exist the cause of other nuisances to other premises, or cause the same to be conspicuously posted thereon. The health officer may employ such persons as shall be necessary to enable him to carry into effect the orders and regulations of the board of hpalth and the provisions of the public health law and of the sanitary code, and fix their compensation within the limits of the appropriation therefor. The board of health may issue subpoenas, compel the attendance of witnesses, administer oaths to witnesses and compel them to testify, and for such pur- poses it shall have the same powers as a justice of the peace of the state in a civil action of which he has jurisdiction. It may designate by resolution one of its members to sign and issue such subpeenas. No subpoena shall be served outside the jurisdiction of the board issuing it, and no witness shall be interrogated or compelled to testify upon matters not related to the public health. It may issue warrants to any constable or policeman of the munici- pality to apprehend and remove such persons as cannot otherwise be sub- jected to ita orders or regulations, and a warrant to the sheriff of the county to bring to its aid the power of the county whenever it shall be necessary to do so. Every warrant shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties ii! the execution thereof, as if it had been .duly issued out of a court of record of the state. Every such local board may prescribe and impose penalties for the violation of or failure to comply with any of its orders or regulations, not exceeding one hundred dollars for a single violation or failure, to be sued for and recovered by it in the name and for the benefit of the munici- pality; and may maintain actions in any court of competent jurisdiction to restrain by injunction such violations, or otherwise to enforce such ordersi and regulations. (Amended by L. 1909, ch. 480; L. 1913, ch. 559. In effect May 16, 1913.) § 21-a. Powers and duties as to sewers. * Whenever such local board of health in any . incorporated village shall deem the sewers of such village insufficient to properly and safely sewer such village, and protect the public health, it shall certify such fact in writing, stating and recommending what additions or alterations should in the judg- ment of such board of health be made, with its reasons therefor, to the state commissioner of health for his approval, and if such recommendations shall be approved by the state commissioner of health, it shall be the duty of the board of trustees or other board of such village having jurisdiction of the construction of sewers therein, if there be such a board, whether sufficient funds shall be on hand for such purpose or not, to forthwith make such addi- 338 The Village Laws of New York. tions to or alterations in the sewers of such village and execute such recom- mendations, and the expenses thereof shall be paid for wholly by said village in the same manner as other village expenses are paid or by an assessment of the whole amount against the property benefited, or partly by the village and partly by an assessment against the property benefited, as the board of trustees of such village shall by resolution determine. If the board of trus- tees shall determine that such expenses shall be paid partly by the village and partly by an assessment against the property benefited, as authorized by this section, it shall in the resolution making such determination fix the proportion of such expense to be borne by each, and the proportion thereof to be raised by an assessment against the property benefited shall be assessed and collected in the manner provided by the village law for the assessment and collection of sewer assessments. Said village is hereby authorized to raise such sum as may be necessary for the payment of the expenses incurred, -which are a village charge, if any, as herein provided, in addition to the amount such village is now authorized to raise by law for corporation pur- poses, and such board shall have the right to acquire such lands, rights of way, or other easements, by gift, or purchase, or in case the same cannot be acquired by purchase may acquire the same by condemnation in' the manner provided by law. (Added by L. 1913, ch. 559. In effect May 16, 1913.) § 21-b. General powers and duties of health officers. Health officers of towns and villages, in addition to such other duties as may be lawfully imposed upon them and subject to the provisions of the public health law and the sanitary code, shall perform the following duties: 1. Make an annual sanitary survey and maintain a continuous sanitary supervision over the territory within their jurisdiction. 2. Make a medical examination of every school child as soon as prac- ticable after the opening of each school year, except in those schools in which the authorities thereof make other provision for the medical examination of the pupils. 3. Make a sanitary inspection periodically of all school buildings and places of public assemblage, and report thereon to those responsible for the maintenance of such school buildings and places of public assemblage. 4. Promote the spread of information as to the causes, nature and preven- tion of prevalent diseases, and the preservation and improvement of health. 5. Take such steps as may be necessary to secure prompt and full reports by physicians of communicable diseases, and prompt and full registration of births and deaths. 6. Enforce within their jurisdiction the provisions of the public health law and the sanitary code. 7. Attend the annual conferences of sanitary officers called by the state department of health, and local conferences within his sanitary district, to which he may be summoned by the sanitary supervisor thereof. The written reports of public health officers, inspectors, nurses and other representatives of public health officers on questions of fact under the public health law or under the sanitary code or any local health regulation shall be presumptive evidence of the facts so stated, and shall be received as such in all courts and places. The persons making s=uch reports shall be exempt from personal liability for the statements therein made, if they have acted in good faith. The Village Laws of New York. 339 I No health officer, inspector, public health nurse, or other representative of a public health officer, and no person or persons other than the city, village or town by wkich such health officer or representative thereof is employed shall be sued or held to liability for any act done or omitted by any such health officer or representative of a health officer in good faith and with ordinary discretion on behalf or under the direction of such city, village or town or pursuant to its regulations or ordinances, or the sanitary code, or the public health law. Any person whose property may have been unjustly or illegally destroyed or injured pursuant to any order, regulation or ordinance, or action of any board of health or health officer, or representative of a health officer, for which no personal liability may exist as aforesaid, may maintain a proper action against the city, village or town for the recovery of proper compensation or damages. Every such suit must be brought within six months after the cause of action arose and the recovery shall be limited to the damages suffered. (Added by L. 1913, ch. 559. In effect May 16, 1913.) § 21-c. Public health nurses. Each health officer or other official exercising similar duties, by whatever official designation he may be known, shall have power to employ such num- ber of public health nurses as in his judgment may be necessary within the limits of the appropriation made therefor by the city, town or village. They shall work under the direction of the health officer and may be assigned by him to the reduction of infant mortality, the examination or visitation of school children or children excluded from school, the discovery or visitation of cases of tuberculosis, the visitation of the sick who may be unable other- wise to secure adequate care, the instruction of members of households in which there is a sick person, or to such other duties as may seem to him appropriate. 8 22. Vital statistics. Every such local board shall supervise and make complete the registration of all births and deaths occurring within the municipality, and the cause of death and the finding of coroners' juries, in accordance with the methods and forms prescribed by the state department of health, and, after regis- tration, promptly forward the certificates of such births and deaths to the state bureau of vital statistics on or before the fifth of each month. Every physician or midwife attending at the birth of a child, and no physician or midwife being in attendance, the parent or custodian of a child born shall cause a notice of such birth to be returned within thirty-six hours there- after to the local board of thealth or person designated by it to receive the purpose, and shall within three days thereafter file with the local registrar of vital statistics a complete record of the birth upon the form prescribed by the state department of health, which shall be attested by the physician or midwife, if any in attendance, and no physician or midwife being in at- tendance, by the parent or custodian of a child born. Upon notification of the death of any person it shall be the duty of the physician last in attend- ance upon the deceased to immediately fill out a certificate of the death giving full name of deceased, medical attendance, date and probable cause of death and duly certify to same and deliver the certificate to the under- taker or person having charge of the corpse, and it shall be the duty of the 340 The Village Laws of New Yokk. undertaker to obtain the information necessary to complete the certificate of death from some member of the family of the deceased, or competent person who is able to furnish the facts, and after duly recording the same on the certificate shall cause it to be filed with the local registrar of vital statistics within twenty-four hours after having received the certificate. In case an inquest is 'required by law, the coroner or the coroner's physician shall fill out the said certificate, and if no inquest is required and no physician was in attendance at the time of death or immediately prior thereto, the health officer of the municipality or his medical assistant shall fill out and file the said certificate. In cities of the first class it shall be the duty of the physician in attendance immediately prior to the death of any person to view the body, and to fill out a cer- tificate of the death and probable cause, and duly certify to same and deliver the certificate to the local registrar of vital statistics within twenty- four hous after such viewing of the body. The person making such medical certificate shal be entitled to the sum of twenty-five cents therefor, which shall be a. charge upon, and paid by the municipality where such birth or death occurred. The cost of such registration, not exceeding twenty-five cents for the complete registered record of a birth, or death, shall be a charge upon the municipality. The charge for a copy thereof shall be fixed by the board, not exceeding the same sum for a complete copy of a. single registered record and the additional sum of twenty-five cents if certified to. Such copies shall be furnished upon request of any person, and when certified to be correct by the president or secretary of the board or local registering officer designated by it shall be presumptive evidence in all courts and places of the facts therein stated. The physician or midwife attending at the birth of a child, shall, at the time of filing such certificate of birth, unless it contains the given name of such child, cause to be furnished to the parents or custodian of such child, a name card, which shall be filled in by such parent or custodian with the given name of such child when named, and immediately filed in the same office where certificates of birth are filed. Blank name cards shall be furnished by local boards of health in the form prescribed by the state department of health, the expense of which shall be a charge upon the municipality. Rules and regulations shall be adopted by local boards of health providing for the enforcement of this section. Amended by L. 1909, Ch. 407; L. 1910, Ch. 639; L. 1911, Ch. 279. In effect June 7, 1911. 5 23. Burial and burial permits Every such local board shall prescribe Banitary regulations for the burial and removal of corpses, and shall designate the local registrar of vital sta- tistics and the health officer of the town or municipality to grant permits for such burial, and permits for the transportation of any corpse which is to be carried for burial beyond the county where the death occurred. Every undertaker, sexton or other person having charge of any corpse, shall pro- cure a burial permit from the local registrar with whom the certificate of death has been filed, or the health officer of the towft or municipality and tWp shall be no burial or removal of a corpse until a permit lor such burial or removal has been obtained. When application is made for a permit to transport a corpse over any railroad or upon any passenger steamboat within the state, the board rf health, or the officers to whom such applica* tion is made, shr.ll require such corpse to be inclosed in a hermetically scaled The Village Laws of New York. 341 casket of metal of other indestructible material, if the cause of death shall have been from a contagious or infectious disease. Amended by L. 1909j Ch. 407. In effect May 20, 1909. § 24. Regulating interments in cemeteries. Whenever the common council of any city of the third class shall deem that further interments in any cemetery in such city would be detrimental to the public health, it may by resolution direct its clerk to cause a notice to be served upon the person or corporation owning or controlling such ceme- tery and published once in a week for three successive weeks in two papers published in such city, stating a time and place not less than thirty days after service and first publication of such notice, at which any person inter- ested may show cause to the common council why further interments in such cemetery should not be prohibited. At the time and place specified in such notice the common council shall hear all persons desiring to be heard, and if upon such hearing it appears that further interments in such cemetery will be detrimental to public health, the common council may by resolution prohibit further interments therein. If such resolution is adopted a certified copy thereof shall be filed by the clerk of the common council with the board of health of such city, and thereafter such board shall not issue any permits for interments in such cemetery. The action of the common council in passing such resolution may be reviewed within thirty days thereafter by writ of certiorari as provided by the code of civil procedure. € 25. Infections and contagions or communicable diseases. Every local board of health and every health officer shall guard against the introduction of such infectious and contagious or communicable diseases as are designated in the sanitary code, by the exercise of proper and vigilant medical inspection and control of all persons and things infected with or ex- posed to such diseases, and provide suitable places for the treatment and care of sick persons who cannot otherwise be provided for. They may,, subject to the provisions of the sanitary code, prohibit and prevent all intercourse and communication with or use of infected premises, places and things, and require, and if necessary, provide the means for the thorough purification and cleansing of the same before general intercourse with the same or use thereof shall be allowed. Every physician shall immediately give notice of every case of infectious and contagious or communicable disease required by the state department of health to be reported to it, to the health officer of the city, town or village where such disease occurs, and no physician being in attendance on such case, it shall be the duty of the superintendent or other officer of an institution, householder, hotel or lodging house keeper, or other person where such case occurs, to give such notice. The physician or other person giving such notice shall be entitled to the sum of twenty-five cents therefor, which shall be a charge upon and paid by the municipality where such case occurs. Every local health officer shall report to the state department of health, promptly, all cases of such infectious and contagious or communicable diseases, as may be required by the state department of health, and for such reporting the health officer of a village or town shall be paid by the municipality employ- ing him, upon the certification of the state department of health, a sum not to exceed twenty cents for each case so reported. The reports of cases of tuber- 342 The Village Laws of New Yoek. culosis made pursuant to the provisions of this section shall not be divulged or made public so as to disclose the identity of the persons to whom they relate, by any person; except in so far as may be authorized by the public health council. The board of health shall provide at stated intervals, a. suit- able supply of vaccine virus, of a quality and from a source approved by the state department of health, and during an actual epidemic of smallpox obtain fresh supplies of such virus at intervals not exceeding one week, and at all times provide thorough and safe vaccination for all persons in need of the same. If a pestilential, infectious or contagious disease exists in any county almshouse or its vicinity, and the physician thereof shall certify that such disease is likely to endanger the health of its inmates, the county superin- tendent of the poor may cause such inmates or any of them to be removed to such other suitable place in the county as the local board of health of the municipality where the almshouse is situated may designate, there to be main- tained and provided for at the expense of the county, with all necessary medical care and attendance until they shall be safely returned to such alms- house or otherwise discharged. The health officer, commissioner of health, or boards of health of the cities of the first class shall report promptly to the state department of health all cases of smallpox, typhus and yellow fever and cholera and the facts relating thereto. (Amended by L. 1913, ch. 559. In. effect May 16, 1913.) § 26. Nuisances. Every such board shall receive and examine into all complaints made by any inhabitant concerning nuisances, or causes of danger or injury to Ufa and health within the municipality, and may enter upon or within any place or premises where nuisances or conditions dangerous to life and health or which are the cause of nuisances existing elsewhere are known or believed to exist, and by its members or other persons designated for that purpose, inspect and examine the same. The owners, agents and occupants of any such premises shall permit such sanitary examinations to be made, and the- board shall furnish such owners, agents and occupants with a written state- ment of the results and conclusions of any such examination. Every such, local board shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the munici- pality. Whenever the state department of health shall by notice to the pre- siding officer of any local board of health, direct him to convene such local board to take certain definite proceedings concerning which the state depart- ment of health shall be satisfied that the action recommended by them i» necessary for the public good, and is within the jurisdiction of Bueh board of health, such presiding officer shall convene such local board, which shall take the action directed. § 27. Owner to bear all or part of expense of removal gf waters wherels mosquito larvae breed. Whenever the local board of health of a municipality shall determine that any accumulation of water wherein mosquito larvae breed, constitutes a nuis- ance or a danger or injury to life or health, the owner or owners of the premises on which the breeding place is located shall bear the expense of its The Village Laws of New York. 342a. suppression or removal, or so much thereof as the local board may have de- termined to be equitable as hereinafter provided, and for the amount thereof an action may be maintained in the name of the municipality and the same shall become a first lien on the premises as provided by sections thirty-one and thirty -two of this article. (Amended by L. 1913, ch. 559. In effect May 10, 1013.) § 2G. Assessing cost on property benefited. If such local board shall determine, in its discretion, that, owing to ths natural conditions which are favorable to the breeding of mosquitoes and owing to the benefits to be secured to the public by the suppression of such. conditions, some part or all of the expense of suppressing or removing a breeding place for mosquitoes should, in equity, be borne by the owners of the property which will be benefited by such suppression or removal, the' local board shall make application as hereinafter provided, for the appoint- ment of three commissioners, and the county court of the county in which are situated the premises whereon the breeding place is located, or, in case such premises are situated in more than one county, the supreme court, shall thereupon appoint three persons as commissioners to' proceed with the work necessary for the suppression or removal of such breeding place, and to apportion, assess and collect the cost thereof, as so determined from the' owners of such property benefited. Such appointment, apportionment, assess- ment and collection shall be made in the manner provided for the appointment of commissioners to suppress and remove any such breeding place by drain- ing the premises on which such breeding place is located by means of ditches; and channels constructed over lands belonging to others and the owners of the premises to be drained and to apportion, assess and collect the cost thereof from the owners of the property benefited thereby. In any case' where, under the provisions of this article commissioners are to determine what property is benefited and to what extent said property is benefited by the suppression or removal of any such breeding place, such commissioners shall not be restricted in their determination to property immediately adjoining the premises whereon such breeding place is flocated; and, in apportioning the benefit to any property, such commissioners may consider- any circumstances by reason whereof any property will be benefited by the suppression and removal of such breeding place. § 29. Municipality may bear part of expense. If such local board shall have determined that, owing to the natural con- ditions which are favorable to the breeding of mosquitoes and owing to the- benefit to be secured to the public by the suppression of such conditions, a part of the expense of such suppression or removal shall be borne by the owner of such premises and a part thereof by the municipality wherein the- premises are situated, such owner or occupant may proceed to suppress or remove such breeding place and shall be reimbursed by the municipality for such proportion of the reasonable expense of such suppression or removal as the local board shalll have determined should be borne by the municipality.. For the purpose of ascertaining the actual cost of such suppression or removal, the local board or its duly authorized agents may at all times, have access to the premises whereon the work is being earned on; and the- owner of the premises shall furnish to such local board such information as 342b The Village Laws of New Yobk. such llocal board may deem necessary or desirable for the purpose of ascer- taining such actual cost. If in any such ease the owner of the premises shall not, within a reasonable time, proceed to suppress or remove such breeding place, the local board may proceed to suppress and remove the same, and for such proportion of the expense of such suppression and removal as the local board shall have determined to be equitable, an action may be maintained against such owner, and the same shall become a. first lien upon the premises as above provided. § 30. Assessing expense upon property benefited. If such local board shall deem it necessary, in order to suppress or remove any such breeding place, that any swamp, bog, meadow or other low or wet lands within the municipality over which said board has jurisdiction, shall be drained and that it is necessary, in order thereto, that a ditch or ditches or other channel for the free passage of water should be opened through lands belonging to a person or persons other than the owners of said swamp, bog, meadow or other low or wet lands, or that any other act or thing be done upon or over land belonging to others than the owners of the lands whereon such breeding place shall be located, such board shall make application for the appointment of three commissioners to construct and complete such- channels and ditches for the free passage of water, or to do such other act or thing as such local board shall have determined to be necessary upon such lands in order to suppress or remove suoh breeding place, and to apportion, assess and collect the amount of the cost thereof iiovo. the owners of the lands which will be benefited by the suppression and removal of such breeding place. Such commissioners shall be appointed, and shall proceed, when appointed, to construct and complete such channels and ditches, or do such other act or thing as may be necessary, and to apportion, assess and collect the cost of the same from the owners of the lands benefited by such suppression or removal, in the manner provided for the appointment of commissioners for the drainage of any swamp, bog, meadow or other low or wet land and the apportionment, assessment and collection of the cost of such drainage, by the drainage law, and this article shall be construed with the provisions of such drainage law. In case of conflict the provisions of this article shall be substituted for the provisions of such drainage law, but such parts of the provisions of the drainage law as are not necessarily superseded shall apply. S 31. Removal of nuisances. If the owner or occupant of any premises whereon any nuisance or condi- tion deemed to be detrimental to the public health exists or the cause of the existence elsewhere, failB to comply with any order of regulation of any such local board for the suppression and removal of any such nuisance or other matter, in the judgment of the board detrimental to the public health, made, Ecrvod or posted as required in this article, such board or their servants or employees nay er;ter u-on the premises to which such order or regulation relates, and suppress or remove such nuisance or other matter. The expense of such suppression or removal shall be paid by the owner or occupant of such premises, or by the person who caused or maintained such nuisance or ■Other matters, and the board may maintain an action in the name of the The Village Laws of New York. 342c municipality to recover such expense, and the same, when recovered shall be paid to the treasurer of the municipality, or if it has no treasurer to its ■chief fiscal officer, to be held and used as the funds of the municipality. Whenever the suppression or removal of such nuisance or conditions detri- mental to health demand the immediate expenditure of money, every such local board of health shall be authorized to use for such purpose any money in the hands of the board, or may call on the city council for such money or it may borrow the same on the credit of the municipality. All such moneys so expended or borrowed shall be immediately repaid to the fund or source whence they were received on the recovery of the same by action or •otherwise from the persons responsible for the expenses of suppression or removal. (Amended by L. 1913, ch. 559. In effect May 16, 1913.) § 32. Expense of abatement of nuisances a lien upon the premises. If execution upon a judgment for the recovery of the expense of the suppression or removal of a nuisance or other matter, pursuant to an order or regulation of any such local board, is returned wholly or in part unsatis- fied, such judgment, if docketed in the place and manner required by law to make a judgment of a court of record a lien upon real property, shall be a first lien upon such premises, having preference over all other liens and incumbrances whatever. The board may cause such premises to be sold for & term of time for the payment and satisfaction of such lien and the ■expenses of the sale. Notice of such sale shall be published for .twelve weeks successively, at least once in each week, in «, newspaper of the city, village or town, or if no newspaper is published therein, in the newspaper published nearest to such premises. If the owner or occupant of the prem- ises, or his agent, is known, a copy of such notice shall be served upon him, •either personally, at least fourteen days previous to the sale, or by mail at least twenty-eight days prior thereto. The premises shall be sold to the person offering to take them for the shortest time, paying the amount unpaid on such judgment and interest and the expenses of such notice and sale. A certificate of the sale, signed and acknowledged by the president and secretary of the board, shall be made and delivered to the purchaser, and may be recorded as a conveyance of real property, and the purchaser shall thereupon be entitled to the immediate possession of such premises, and, if occupied, may maintain an action or proceeding to recover the possession thereof against the occupant, as against a tenant of real property holding over after the expiration of his term; and the cost of any such action or proceeding, if not paid by the occupant, shall also be a lien upon such prem- ises, having the same preference as the lien of such judgment, and the right of the purchaser to such premises shall be extended for » longer term, which shall bear the same proportion to the original term as the amount of such costs bears to the amount paid by the purchaser on such sale. The term of the purchaser at any such sale shall commence when he shall have acquired possession of the premises sold. At any time within six months after record- ing such certificate, the owner of the premises or any ilessee, mortgagee or incumbrancer thereof, or of any part of the same, may redeem the premises or any such part from such sale by paying to the purchaser the amount paid by him on the sale, and all costs and expenses incurred by him in any action or proceeding to recover possession with interest at fhe rate of ten per centum per annum thereon. If redemption is made by the owner, the 342d The Village Laws of New Yoek. right of the purchaser shall be extinguished; if by a lessee, „he amount paid shall be applied as a payment upon any rent due or which may accrue upon his lease; if by a mortgagee or an incumbrancer, the amount paid shall be added to his mortgage, incumbrance or other flien, or if he have more than one to the oldest, and shall thereafter be a. part of such mort- gage, lien or incumbrance and enforceable as such. § 33. Manufacturers in tenement houses and dwellings. No room or apartment in a tenement or dwelling house, used for eating or sleeping purposes, shall be used for the manufacture, wholly or partly, of coats, vests, trousers, knee pants, overalls, cloaks, shirts, purses, feathers, artificial flowers or cigars, except by the members of the family living therein, which shall include a husband and wife and their children, or the children of either. A family occupying or controlling such a, workshop shall, within fourteen days from the time of beginning work therein, notify the board of health of the city, village or town, where such workshop is located, or a special inspector appointed by such board, of the location of such workshop, the nature of the work carried on, and the number of persons employed therein; and thereupon such board shall, if it deems advisable,, cause a permit to be issued to such family to carry on the manufacture specified in the notice. Such board may appoint as many persons as it deems advisable to act as special inspectors. Such special inspectors shall receive no compensation, but may be paid by the board for their reasonable and necessary expenses. If a board of health or such inspector shall find evi- dence of infectious or contagious diseases present in any workshop, or in goods manufactured or in process of manufacture therein, the board shall issue such orders as the public health may require, and shall condemn and destroy such infectious and contagious articles, and may, if necessary to protect the public health, revoke any permit granted by it for manufacturing goods in such workshop. If a board of health or any such inspector shall discover that any such goods are being brought into the state, having been manufactured, in whole or in part, under unhealthy conditions, such board or inspector shall examine such goods, and if they are found to contain vermin, or to have been made in improper places or under unhealthy condi- tions, the board may make such orders as the public health may require, and. may condemn and destroy such goods. § 34. Jurisdiction of town boards. A town board of health shall not have jurisdiction over any city or incor- porated village or part of such city or village in such town. (Amended by L. 1913, ch. 559. In effect May 16, 1913.) The Village Laws of New Yokk. 342e f 35. Expenses, how paid. All expenses incurred by any local board of health in the performance of the duties imposed upon it or its members by law shall be a charge upon the municipality, and shall be audited, levied, collected and paid in the same manner as the other charges of, or upon, the municipality are audited, levied, collected and paid. The taxable property of any incorporated village shall not be subject to taxation for maintaining any town board of health, or for any expenditure authorized by the town board, but the costs and expendi- tures of the town board shall be assessed and collected exclusively on the property of the town outside of any such village. (Amended by L. 1913, ch. 559. In effect May 16, 1913.) § 37 Mandamus. The performance of any duty or the doing of any act enjoined, prescribed ot required by this article, may be enforced by mandamus at the instance of the state department of health or its president or seoretary, or of the local board of health, or of any citizen of full age resident of the municipality where the duty should he performed or the act done. ARTICLE 5. Potable Waters. Section 70. Rules and regulations of department. 71. Inspection of water supply. 72. Rules and regulations for water supplies legalized. 73. Sewerage. 74. Discharge of sewage into Walkill creek prohibited. 75. Discharge of sewage into the Susquehanna near Binghamton prohibited. 76. Discharge of sewage and other matter into certain waters prohibited. 76-a. Order to discontinue pollution of waters. 77. Permission to discharge sewage. 78. Permission to discharge refuse or waste matter from industrial establishments. 79. Plans for refuse discharge pipes must be submitted. 80. Revocation of permit. 81. Reports of municipal authorities to local boards of health. 82. Reports of proprietors of industrial establishments. 83. Record of permits; inspection of local boards of health. 84. Violations; service of notice; actions. 85. Penalties. 86. Construction and limitations made by section seventy-six to eighty-five inclusive. 87. Actions by municipalities to prevent discharge of sewage into waters. 342f The Village Laws ot New Yobk. § 70. Rules and regulations of department. The state department of health may make rules and regulations for the protection from contamination of any or all public supplies of potable waters and their sources within the state, and the commissioner of water supply, gas and electricity of the city of New York may make such rules and regu- lations subject to the approval of the state department of health for the protection from contamination of any or all public supplies of potable waters and their sources within the state where the same constitute a part of the source of the public water supply of said city. If any sueh rule or regula- tion relates to a temporary source or act of contamination", any person violating such rule or regulation shall be liable to prosecution for misde- meanor for every such violation, and on conviction shall be punished by a fine not exceeding two hundred dollars, or imprisonment not exceeding one year, or both. If any such rule or regulation relates to a permanent source or act of contamination, said department may impose penalties for the viola- tion thereof or the noncompliance therewith, not exceeding two hundred dollars for every such violation or noncompliance. Every such rule or regu- lation shall be published at least once in each week for six consecutive weeks, in at least one newspaper of the county where the waters to which it relates are located. The cost of such publication shall be paid by the corporation or municipality benefited by the protection of the water supply, to which the rule or regulation published relates. The affidavit of the printer, pub- lisher or proprietor of the newspaper in which such rule or regulation is published may be filed, with the rule or regulation published, in the county clerk's office of sueh county, and such affidavit and rule and regulation shall be conclusive evidence of such publication, and of all the facts therein stated in all courts and places. (Amended by L. 1911, ch. 695. In effect July 18, 1911.) § 71, Inspection of water supply. The officer or board having by law the management and control of the potable water supply of any municipality, and in the city of New York, the commissioner of water supply, gas and electricity, or the corporation furnish- ing such supply, may make such inspection of the sources of such water supply as such officer, board or corporation deems advisable and to ascertain whether the rules or regulations of the state department and of the commis- sioner of water supply, gas and electricity of the city of New York, are complied with, and shall make such regular or special inspections as the state commissioner of health, or the commissioner of the department of water supply, gas and electricity of the city of New York, may prescribe. If a~iy such inspection discloses a violation of any such rule or regulation relating to a temporary or permanent source or act of contamination, such officer, board or corporation shall cause a copy of the rule or regulation vio!~ted to be served upon the person violating the same, with a notice of such violation. If the person served does not immediately comply with the rule or regulation violated, such officer, board or corporation, except in a case concerning the violation of a rule or regulation relating to a temporary The Village Laws of New Yoek. 343 or permanent source or act of contamination affecting the potable water supply o4 the city of New York, shall notify the state department of the violation, which shall immediately examine into such violation; and if such person is found by the state department to have actually violated such rule or regulation, the commissioner of health shall order the local board of health of such municipality wherein the violation or noncompliance occurs, to convene and enforce obedience to such rule or regulation. If the local board fails to enforce such order within ten days after its receipt, the corporation fur- nishing such water supply or the municipality deriving its water supply from the waters to which such rule or regulation relates, or the state commissioner of health or the local board of health of the municipality wherein the water supply protected by these rules is used, or any person interested in the pro- tection of the purity of the water supply, may maintain an action in a court of record which shall be tried in the county where the cause of action arose against such person, for the recovery of the penalties incurred by such viola- tion, and for an injunction restraining him from the continued violation of such rule or regulation. If the person served does not comply within five days with the rule or regulation violated, in case such rule or regulation relates to a temporary or permanent source or act of contamination affecting the potable water supply of the city of New York, the commissioner of water supply, gas and electricity of said city may summarily enforce compliance with such rule or regulation, and may summarily abate or remove the cause of the violation of such rule or regulation or the nuisance so created, and to that end may employ such force as may be necessary and proper; pro vided, however, that no building or improvements shall be removed, dis- turbed or destroyed by the said commissioner or water supply until he shall cause measurements to be made of the buildings and photographs of the exterior views thereof, which measurements and photographs shall be at the disposition thereafter of the owners or their attorneys, and failure to exer- cise such right of abatement shall not be deemed a waiver thereof. Failure to comply within five days with such rule and regulation shall further en- title the city of New York to maintain an action in any court having juris- diction thereof for the recovery of the penalties incurred by such violation and for an injunction restraining the person or persons violating such rule or regulation, or creating or continuing such nuisance, from the continued violation of such rule or regulation or continuance of such nuisance; the remedy by abatement being not exclusive. (Amended by L. 1911, eh. 695. In effect July 18, 1911.) 344 The Village Laws of !N"ew York. I 72. Rules and regulations for water supplies legalized. All rules and regulations heretofore duly made and published for the sani- tary protection of public water supplies, pursuant to chapter five hundred and forty-three of the laws of eighteen hundred and eighty-five, and chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three, as amended, are hereby legalized, ratified, confirmed and continued in force, until new rules and regulations become operative. This section and the two preceding sections shall not be construed to repeal ■or affect any of the provisions of chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, or its amendments. § 73. Sewerage. When the state department of health, or the commissioner of water supply, .gas and electricity of the city of New York, shall, for the protection of a water supply from contamination, make orders or regulations the execution of which will require or make necessary the construction and maintenance of any system of sewerage, or a change thereof, in or for any village or hamlet, whether incorporated or unincorporated, or the execution of which ■will require the providing of some public means of removal or purification of sewage, and such works or means of sewage disposal as shall be approved by the state department of health, and for that purpose said municipality or corporation may acquire, under the general condemnation law, the neces- sary real estate or interest therein whether now used for public or private purposes. When the execution of any such regulations of the state depart- ment of health, or the commissioner of water supply, gas and electricity of the city of New York, will occasion or require the removal of any building or buildings, the municipality or corporation owning the water works bene- fited thereby shall, at its own expense, remove such buildings and pay to the owner thereof all damages occasioned by such removal. When the execution of any such regulation will injuriously affect any property the municipality or corporation owning the water works benefited thereby shall make just and adequate compensation for the property so taken or injured and for all injuries caused to the legitimate use or operation of such property. Until such construction or change of such system or systems of sewerage, and the providing of such means of removal or purification of sewage, and until such works or means of sewage disposal and the removal of any building are so made by the municipality or corporation owning the water works to be bene- fited thereby at its own expense, and until, exeept in the case of a munici- pality, the corporation owning the water works benefited shall make just and adequate payment for all injuries to property and for all injuries caused to the legitimate use or operation of such property, there shall be no action or proceeding taken by any such municipality, officer, board, person or cor- poration against any person or corporation for the violation of any regula- tion of the state department of health under this article, and no person or corporation shall be considered to have violated or refused to obey any such rule or regulation. The owner of any building the removal of which is occasioned or required, or which has been removed by any rule or regulation of the state department of health, or the commissioner of water supply, gas The Village Laws of New Yobk. 345 and electricity of the city of New York, made under the provisions of this article, and all persons whose rights of property are injuriously affected by the enforcement of any such rule or regulation, shall have a cause of action against the municipality or corporation owning the water works benefited by the enforcement of such rule or regulation, for all damages occasioned or sustained by such removal or enforcement, including all injuries caused to the legitimate use or operation of such property, and an action therefor may be brought against such municipality or corporation in any court of record in the county in which the premises or property affected is situated and shall be tried therein; or such damages may be determined by a special proceeding in the supreme court of the county court of the county in which the property is situated. Such special proceedings shall be commenced by petition and notice to be served by such owner upon the municipality or corporation in the same manner as for the commencement of condemnation proceedings. Such municipality or corporation may make and serve an answer to such petition as in condemnation proceedings. The petition and answer shall set forth the claims of the respective parties, and the provisions of the condem- nation law shall be applicable to the subsequent proceedings upon the peti- tion and answer, if any. Either party may, before the service of the petition or answer respectively, offer to take or pay a certain sum, and no costs shall be awarded against either party unless the judgment is more unfavorable to him than his offer. Provided, however, that in the case of a summary abate- ment by a municipality as hereinbefore provided, no costs shall be awarded against the owner of the property damaged, and the commissioners of ap- praisal in their report shall recommend such additional sum as may in their judgment be reasonable as compensation for witnesses and other necessary expenses of claimant. Such municipality shall, within three calendar months after the confirmation of the report of the commissioners of appraisal, pay to the respective owners and bodies politic or corporate, mentioned or re- ferred to in said report, in whose favor any sum or sums of money shall be estimated and reported by said commissioners, the respective sum or sums so estimated and reported in their favor respectively, with lawful interest thereon. And in case of neglect or default in the payment of the same within the time aforesaid, the respective person or persons or bodies politic or corporate in whose favor the same shall he so reported, his, her, or their executors, administrators or successors, at any time or times, after application first made by him, her, or them to such municipality for pay- ment thereof, may sue for and recover the same, with lawful interest as aforesaid, and the costs of suit in any proper form of action against such municipality in any court having cognizance thereof, and it shall be suffi- cient to declare generally for so much money due to the plaintiff or plain- tiffs therein by virtue of this act, and the report of said commissioners, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded shall be conclusive evidence in such suit or action. (Amended by L. 1911, ch. 695. In effect July 18, 1911.) 346 The Village Laws of New Yoek. 5 74. Discharge of sewage into Wallkiil creek prohibited. No person or corporation shall permit the discharge or eseape of any sew- age, or other matter deleterious to public health, or destructive to fish, or throw or cast any dead animal, carrion or offal, or other putrid or offensive matter into the waters of the Wallkiil creek, in the counties of Ulster and Orange. Any person violating any provision of this section shall forfeit to the county where the violation occurred the sum of fifty dollars for every such violation. S . 75. Discharge of sewage into the Susquehanna near Binghamton prohibited. No person or corporation shall cause to fall, flow or discharge into the Susquehanna river or any of its tributaries, between the Rock Bottom dam in such river at the city of Binghamton, and a point one mile east of the bridge that crosses such river at Conklin, any sewage matter, or other foul, noxious or deleterious, solid or liquid matter, or any matter that may be declared such by the board of health of any municipality adjacent to such rh"3r within such limit. The board of health of any such municipality shall examine into any alleged offense against this section and cause the same to be abated, if found to exist. Every person violating any provision of this section shall forfeit to the municipality having a local board of health where the violation occurs the sum of twenty-five dollars for the first day when the violation takes place, and the sum of ten dollars for every sub- sequent day that such violation is repeated or continued. § 76. Discharge of sewage and other matter into certain waters prohibited. No person, corporation or municipality, shall place or cause to be placed, or discharge or cause to be discharged into any of the waters of this state, in quantities injurious to the public health, any sewage, garbage, offal, or any decomposable or putrescible matter of any kind or the effluent from any sewage disposal plant, or any substance, chemical or otherwise, or any refuse or waste matter, either solid or liquid, from any sewer or drainage system, or from any shop, factory, mill or industrial establishment; unless express permission to do so shall have been first given in writing by the stats com- missioner of health as provided in this article, except as hereinafter pro- vided. But this section shall not prevent the discharge of sewage from any public sewer system owned and maintained by a municipality until an order prohibiting same shall be made as hereinafter provided, or the discharge of refuse or waste matter from any shop, factory, mill or industrial establish- ment, if such sewer system was in operation and was discharging sewage, or such shop, factory, mill or industrial establishment was in operation and discharging refuse or waste matter, into any of the waters of this state on or prior to May seventh, nineteen hundred and three, and such municipality or the proprietor of such shop, factory, mill or industrial establishment The Village Laws of New Yobk. 347 secured exemption from this section by filing a report with the state com- missioner of health in accordance with law, nor to any extension or modifi- cation of such shop, factory, mill or industrial establishment, or reconstruc- tion • thereof, provided the refuse or waste matter ' discharged therefrom is not materially changed or increased; but this exception shall not permit any increase in the discharge of such sewage, or in the discharge of refuse or waste matter from any shop, factory, mill or industrial establishment, nor shall it permit the discharge of sewage from a sewer system which shall be extended, modified or reconstructed subsequent to said date. (Amended by X. 1911, ch. 553. In effect June 30, 1911.) § 76-a. Order to discontinue pollution of waters. Whenever the state commissioner of health shall determine upon investiga- tion that sewage from any city, village, town, building, steamboat or other vessel, or property, or any garbage, offal or any decomposable or putrescible matter of any kind is being discharged into any of the waters of the state, which shall include all streams and springs and all bodies of surface and .ground water, whether natural or artificial, within or upon the boundaries of the state, and when, in the opinion of the state commissioner of health, such discharge is polluting such waters in a manner injurious to, or so as to create a menace to health, or so as to create a public nuisance, he may order the municipality, corporation or person so discharging sewage, refuse or other matter to show cause before him why such discharge should not be discontinued. A notice shall be served on the municipality, corporation or person so discharging sewage, refuse or other matter, directing such mu- nicipality, corporation or person to show cause before the said state com- missioner of health on » date specified in such notice why an order should not be made directing the discontinuance of such discharge. Such notice shall specify the time when and place where a public hearing will be held" by the state commissioner of health and notice of such hearing shall be pub- lished at least twice in a newspaper of the city, village, town or county where such discharge occurs, and shall be served personally or by mail at least fifteen days before said hearing and in the case of a municipality or » corporation such service shall be upon an officer thereof. The state commis- sioner of health shall take evidence in regard to said matter and he may issue an order to the municipality, corporation or person responsible for such discharge, directing that within a specified period of time thereafter such discharge be discontinued, and such proper method of treatment or disposal of such sewage, refuse or waste matter be adopted as will permanently ob- viate such pollution of said waters by the municipality, corporation or per- son responsible therefor and as shall be approved by said commissioner. Such order shall not be valid until approved by the governor and the attorney- general, and when so approved it shall be the duty of the attorney-general to enforce such order. Such means or method for the treatment or disposal of sewage, refuse or other matter must be executed, completed and put in. 348 The Village Laws of New Yobk. operation within the time fixed in the order. The state commissioner of health shall have authority to require from the officials and persons respon- sible for the execution of such orders satisfactory evidence at specified times of proper progress in the execution of such orders, and may stipulate and require that certain definite progress shall be made at certain definite times prior to the final date fixed in the order. For the purposes of this article sewage shall be defined as any substance, solid or liquid that contains any of the waste products or excrementitious or other wastes or washings Iroin the bodies of human beings or animals. But this section shall not appiy to refuse or waste matter from any shop, factory, mill or industrial establish- ment not containing sewage as hereinbefore defined. (Added by L. 1911, ch. 553. In effect June 30, 1911.) § 77. Permission to discharge sewage. Upon application duly made to the state commissioner of health by the public authorities having by law the charge of the sewer system of any municipality, the state commissioner of health shall have power to consider the case of a sewer system otherwise prohibited by section seventy-six from discharging sewage into any of the waters of the state, and whenever in his opinion the general interests of the public health would not be endangered thereby he may issue a permit for the discharge of sewage from any such sewer system into any of the waters of the state, and may stipulate in the permit, modifications, regulations and conditions on which such discharge- may be permitted. Such application must be made in » form required by the state commissioner of health and he may require such plans and infor- mation to be furnished him as he deems advisable. The plans for the con- struction of any sewer system or sewage d ; =posal plant or for the extension, reconstruction or modification of sewers, sewer systems or sewage disposal' plants shall be so submitted with application for their approval, and a, permit as herein provided. Such permit before being operative shall be re- corded in the county clerk's office of the county wherein the outlet of the- said sewer system is located, and a copy of the permit shall be transmitted by the state commissioner of health to the board of health of the munici- pality wherein the outlet of said sewer system is located. (Amended by L. 1911, ch. 553. In effect June 30, 1911.) The Village Laws of New York. 348a 3 78. Permission to discharge refuse or waste matter from industrial estab- lishments. Upon application duly made to the state commissioner of health by the proprietor, lessee or tenant of any shop, factory, mill or industrial estab- lishment from which the discharge of refuse or waste matter into any of the waters of the state is otherwise prohibited by section seventy-six, the state commissioner of health shall have power to consider the case of the said shop, factory, mill or industrial establishment, and whenever the public health and purity of the waters shall warrant it, he shall issue a permit for the discharge of refuse or waste matter from such shop, factory, mill or industrial establishment into any of the waters of the state, and may stipu- late in the permit such modifications, regulations and conditions as the public health may require. Such permit before being operative shall be recorded in the county clerk's office of the county where such shop, factory, mill or industrial establishment is located and a copy of such permit shall be transmitted by the state commissioner of health to the board of health of the municipality wherein the outlet discharging refuse or waste matter from such shop, factory, mill or industrial establishment shall be located. 348b The Village Laws oe New York. § 79. Plans for refuse discharge pipes must be submitted. Before any conduit or discharge pipe, or other means of discharging or casting any refuse or waste matter from any shop, factory, mill or industrial establishment not constructed or in process of construction on May seventh, nineteen hundred and three, shall he put in or constructed for the purpose of discharging any refuse or waste matter therefrom into any waters in this state, the plan or plans therefor, together with a statement of the purpose for which the same is to be used, shall be submitted to the commissioner. If the same is not detrimental to the public health he shall issue a permit therefor to the applicant. No such conduit, discharge pipe or other means of discharging or casting any refuse or waste matter from any such shop, fac- tory, mill or establishment into any of the waters of this state shall be put in or constructed before such permit is granted, and if put in or con- structed, the person putting in or constructing or maintaining the same shall forfeit to the people of the state five dollars a. day for each day the same is used or maintained for such purpose, to be collected in an action brought by the commissioner. He may also maintain an action in the name of the people to restrain a. violation of this section. I 80. Revocation of permit. Every such permit for the discharge of sewage from a. sewer system or for the discharge of refuse or waste matter from a shop, factory, mill or in- dustrial establishment, shall when necessary to conserve the public health, be revocable or subject to modification or change by the state commissioner of health on due notice after an investigation and hearing and an oppor- tunity for all interested therein to be heard thereon being served on the public authorities of the municipality owning and maintaining the sewer system, or on the proprietor, lessee or tenant of the shop, factory, mill or industrial establishment. The length of the time after receipt of the notice within which the discharge of sewage or of refuse or waste matter shall be discontinued may be stated in the permit, but in no case shall it exceed two years in the case of a sewer system, or one year in the case of a shop, factory, mill or industrial establishment, and if the length of time is not specified in the permit, it shall be one year in the case of a sewer system and six months in the ease of a shop, factory, mill or industrial establish- ment. On the expiration of the period of time prescribed after the service of a notice of revocation, modification or change from the state commissioner of health, the right to discharge sewage or refuse or waste matter into any of the waters of the state shall cease and terminate and the prohibition of section seventy-six of this article against such discharge shall be in full force as though no permit had been granted, but a new permit may there- after again be granted as hereinbefore provided. § 81. Reports of municipal authorities to local boards of health. The report of the public authorities having by law charge of the sewer system of every municipality in the state, from which sewer system sewage was being discharged into any of the waters of the state on May seventh, nineteen hundred and three, transmitted by the board of health of the municipality within which any sewer outlet of the said sewer system is located to the state commissioner of health and filed by him in his office shall constitute the evidence of exemption from the prohibition of section The Village Laws of New Yokk. 348c seventy-six of this article. No sewer system shall be exempt from the prohibition of said section against the discharge of sewage into the waters of the state for which a satisfactory report shall not have been filed in the office of the state commissioner of health in accordance with laws of nine- teen hundred and three, chapter four hundred and sixty-eight. § 82. Reports of proprietors of industrial establishments. The report of the proprietor of every shop, factory, mill and industrial establishment in the state, from which refuse or waste matter was being discharged into any of the waters ' of the state on May seventh, nineteen hundred and three, filed in the office of the state commissioner of health shall constitute the evidence of exemption of the shop, factory, mill or industrial establishment from the prohibition of section seventy-six of this article. No shop, factory, mill or industrial establishment shall be exempt from the prohibition of said section against the discharge of refuse or waste matter into the waters of the state, for whieh a report shall not have been made in accordance with laws of nineteen hundred and three, chapter four hun- dred and sixty-eight. § 83. Record of permits; inspection of local boards of health. Each board of health shall preserve in its office and in a form to be pre- scribed by the state commissioner of health, a permanent record of each permit issued by the state commissioner of health granting the right to discharge sewage or refuse or waste matter into any of the waters of the- state within that municipality and of each revocation of a permit; and also a, permanent record of each report received by the board of health concern- ing each sewer system and each shop, factory, mill or industrial establish- ment which on May seventh, nineteen hundred and three, was discharging sewage or refuse or waste matter into any of the waters of the state within that municipality. Each local board of health shall make and maintain such inspection as will, at all times, enable it to determine whether section seventy-six of this article is being complied with in respect to the discharge of sewage, refuse or waste matter or other materials prohibited by said section, into any of the waters of the state within that municipality. For the purpose of such inspection every member of such board of health, or its health officers, or any person duly authorized by it, shall have the right to make all necessary examinations of any premises, building, shop, factory, mill, industrial establishment, process or sewer system. § 84. Violations; service of notice; actions. The local board of health of each municipality shall promptly ascertain every violation of, or noncompliance with, any of the provisions of section peventy-six of this article or of the permits for the discharge of sewage or refuse or waste material into any of the waters of the state herein provided, which may occur within that municipality, or the state commissioner of health may ascertain such violations or incompliance. The local board of health shall on the discovery of every violation of or noncompliance with any of the provisions of said section or of any permit duly issued, report 348d The Village Laws of 2Jew Yoek. the same in writing to the said commissioner of health. Upon such report from a local board of health or upon ascertaining such violation or non- compliance, the state commissioner shall at once give » hearing to and take the proof of persons charged with such violation or noncompliance and in- vestigate the matter, and if he finds » violation or noncompliance to exist he may bring an action in the name of the people of the state in a court of record against the person or corporation responsible for the violation or noncompliance, for the recovery of the penalties incurred and for an injunc- tion against the continuation of the violation or noncompliance. (Amended by L. 1911, ch. 553. In effect June 30, 1911.) I 85. Penalties. The penalty for the discharge of sewage from any public sewer system into any of the waters of the state without a duly issued permit for which a permit is required by this article shall be five hundred dollars, and a further penalty of fifty dollars per day for each day the offense is main- tained. The penalty for the discharge of sewage from any public sewer into any of the waters of the state without filing a report for which a report is required to be filed with the board of health of the municipality shall be fifty dollars. The penalty for the discharge of refuse or waste matter from any shop, factory, mill or industrial establishment for which a permit is required by this article, without such permit shall be one hundred dollars and ten dollars per day for each day the offense i9 maintained. The penalty for the discharge of refuse or waste matter from any shop, mill, factory or industrial establishment, without filing a report where a report is required by this article to be filed shall be twenty-five dollars and five dollars per day for each day the offense is maintained. The penalty for discharging into any of the waters of the state any other matter prohibited by section seventy-six of this article, besides that specified above, shall be twenty-five dollars and five dollars per day for each day the offense is maintained. § 86. Constructions and limitations made by sections seventy-six to eighty- five, inclusive. Nothing in sections seventy-six to eighty-five inclusive shall be construed to diminish or otherwise to modify the common law rights of riparian owners in the quality of waters of streams covered by such rights, nor in the case of actions brought against the pollution of waters to limit their remedy to indemnities. § 87. Actions by municipalities to prevent discharge of sewage into waters. Any incorporated city or village in the state of New York, which has made such provision for the disposal of its sewage as not to pollute or con- taminate therewith any river, stream, lake or other body of water, may have and maintain an action in the supreme court to prevent the discharge of any sewage or substance deleterious to health, or which shall injure the potable qualities of the water in any river, stream, lake or other body of water, from which such incorporated city or village shall take or receive The Village Laws of New Yobk 349 its water 9upply, provided that such river, stream, lake or other body of water is wholly, or in part, within the boundaries of the county in which such plaintiff is located. Whenever such action shall be brought under the provisions of this section, it shall be the duty of the supreme court upon proof of the existence of facts justifying the bringing and maintenance of such action under the provisions of this section to render a judgment in which shall be incorporated a mandatory injunction requiring the person, body, board, corporation, municipality, village, county or town, being a de- fendant to said action which directly or indirectly, or by its servants, agents or officers shall discharge or dispose of its sewage, or any other substance deleterious to health or which shall injure the potable qualities of the water in such wise as that the same shall enter into any river, stream, lake or other body of water, from which such plaintiff shall take or receive its water supply, within such reasonable time as may be prescribed by the court, to take such action as shall prevent such discharge or the disposal of such sewage or other substance into such waters, or the pollution thereof, with such further directions in the premises as may be proper and desirable to effect such purpose, provided that such river, streams, lake or other body of water is wholly, or in part, within the boundaries of the county in which such plaintiff is located. But no such action shall be brought as provided for in this section until the state department of health has examined and deter- mined whether the sewage does pollute or contaminate the river, stream, lake or other body of water into which said sewage is discharged. The expense of such examination by said department shall be a, charge upon and paid by the municipality in whose interest, and on whose behalf swh examination is made. In case the state department of health shall find upon examination that the discharge of said sewage does pollute or contaminate said waters or any of them in such manner as to be of menace or danlied as it is practicable to procure, and the same may be used in such elec- tion district or districts within the city, town or village as the officers adopt- ing the same may direct. S 396. Payment for machines. The local authorities, on the adoption and purchase of a voting machine, may provide for the payment therefor in such manner as they may deem for the best interest of the locality and may for that purpose issue bonds, certificates of indebtedness or other obligations which shall be a charge on 'the city, town or village. Such bonds, certificates or other obligations may "be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par. 360 The Village Laws of New Yoek IX. EDUCATION LAW— MISCELLANEOUS PRO- VISIONS. (Chapter 16 of tie Consolidated Laws.) § 69. Colleges may construct water-works and sewer systems. 1. Every incorporated college in this state is duly authorized and empow- ered to construct and maintain a. system of water-works for the purpose of supplying its college buildings and premises with pure and wholesome water for domestic, sanitary and fire purposes, and for the preservation of the health of its students, faculty and employees, and for the preservation of the public health of the town, village or city in or near which such college- is located, and the construction and maintenance of such waterworks is declared to be a public use. Such water-works as often as necessary, may be enlarged or improved. Every such incorporated college owning its water- works system and having an adequate supply of water therefrom, may fur- nish water to persons other than students, faculty and employees of such, college at and for a just and adequate compensation, providing that they reside within a sewer district now created in which the premises of the said- college or any part thereof are embraced, and provided no municipal or private public service corporation operates or maintains » system of water- works therein capable of supplying water to such inhabitants. Whenever any such college shall extend its mains along any streets, avenues or highways for the purpose of supplying water to such inhabitants, it shall not lose its exemption from taxation by reason thereof, and shall not be deemed to be exercising a public or corporate franchise within the meaning of the tax law. Amended by L. 1913, Ch. 422. In effect Apr. 30, 1913. 2. Any such college shall have the right to acquire real estate, or any interest therein, necessary or proper for such water-works, and the right to lay, relay, repair and maintain conduit and water pipes, with connections, and fixtures, on, through, and over the lands of others; the right to inter- cept and divert the flow of waters from the lands of riparian owners, and from persons owning and interested in any waters; and the right to prevent the flow or drainage of noxious, or impure, or unwholesome matter front the lands of others into its reservoirs, or sources of supply. But no such college shall ever have power to take or use water from any of the lands of this state, or any land, reservoir, or feeders, or any streams which have been taken by the state for the purpose of supplying the canals with water. The consent of an incorporated village or city must be obtained to lay any such pipes in or through its streets, and such consent may be accom- panied by such reasonable conditions or restrictions as are proper. 3. Such college may cause such examinations and surveys for its proposed water-works to be made as may be necessary to determine the proper loca- tion thereof, and for such purpose, by its officers, agents and servants, may enter upon any lands or waters in the vicinity for the purpose of making such examinations and surveys, subject to liability for all damage done. When surveys or examinations are made or concluded, a map shall be made of the lands or interests to be taken or entered upon, and on which the land or interest of each owner or occupant shall be designated, and all streets and roads in which it is proposed to lay conduit pipes, with the proposed line thereof, whch map shall be dated and signed by the engineer making the same; and said map shall be filed and kept in the college library for examination and reference, and a duplicate thereof shall be filed in the- clerk's office in each county wherein any of such lands or interests pro- posed to be taken are located. Such examinations and surveys may be ordered and directed by the president, or acting president, and a majority of the faculty of such college. A majority of the trustees shall determine upon the construction of such water-works and the plans thereof, and order contracts therefor to be made by such officers of the college as may be designated. 4. If any such college shall be unable to agree upon such terms of pur- chase of any such property, right or easements, before or after plans shalL The Village Laws of .New Yoke 3G1 be determined upon, it may, after such plans have been adopted, acquire the same by condemnation, according to the provisions of the condemnation law. 5. When any such college has constructed and completed water-works, as above provided, it may, by a majority of its trustees, determine upon and construct a sewer system; and may connect the same with the sewer system of the village or city in or near which said college is situated, if such con- nection is practicable. Examination, surveys and a map may be made as above provided. Lands and easements may be acquired by purchase, as above provided, and in case such acquisitian can not be made by purchase tnen they may be acquired by condemnation, according to the provisions of the condemnation law. § 1 1 17. Public and free libraries and museums. All provisions of this section and of sections ten hundred and twenty- eight to ten hundred and forty-four inclusive shall apply equally to libraries, museums, and to combined libraries and museums, and the word " library " shall be construed to include reference and circulating libraries and reading- rooms. S 1118. Establishment By majority vote at any election, any county, city, village, town, school district, or other body authorized to levy and collect taxes, or by vote of its common council, or by action of a board of estimate and apportionment or other proper authority, any city, or by vote of its trustees, any village, may establish and maintain a free public library, with or without branches, either by itself or in connection with any other body authorized to maintain such library. Whenever twenty-five taxpayers shall so petition, the question of providing library facilities shall be voted on at the next election or meeting at which taxes may be voted, provided that due public notice shall have been given of the proposed action. A municipality or district named in this section may raise money by tax to establish and maintain a public library or libraries, or to provide a building or rooms for its or their use, or to share the cost as agreed with other municipal or district bodies, or to pay for library privileges under » contract therefor. It may also acquire real or personal property for library purposes by gift, grant, devise or condemnation, and may take, buy, sell, hold and transfer either real or personal property and administer the same for public library purposes. A board of supervisors of a county may contract with the trustees of a public library within such county or with any other municipal or district body having contr*l of such a library to furnish library privileges to the people of the county, under such terms and conditions as may be stated in such contract. The amount agreed to be paid for such privileges under such contract shall be a charge upon the county and shall be paid in the same manner as other county charges. Amended by L. 1911, ch. 815. § 1119. Acceptance of conditional grift By majority vote at any election any municipality or district or by three- fourths vote of its council, any city, or any public library in the university, or any designated branch thereof, if so authorized by such vote of a munici- pality, district, or council, or of any combinatipn of such voting bodies, may accept gifts, grants, devises or bequests for public library purposes on condition that a specified annual appropriation shall thereafter be made, by the municipality or district or combination so authorizing such acceptance, for maintenance of such library or branches thereof. Such acceptance, when approved by the regents of the university under seal and recorded in its books of charters, and in a school not subject to their visitation when ap- nrnverf lit- M10 nninmi^innor „t «,i 1: -i.-" j, e a binding contract, and 362 The Village Laws of New Yoek such municipality and district shall levy and collect yearly the amount pro- vided in the manner prescribed for other taxes, and shall maintain any so accepted gift, grant, devise or bequest, intact and make good any impairment thereof. § 1 1 20. Subsidies. By vote similar to that required by sections ten hundred and twenty-eight and ten hundred and twenty-nine, money may be granted toward the sup- port of libraries not owned by the public but maintained for its welfare and free use; provided, that such libraries shall be subject to the inspection of the regents and registered by them as maintaining a proper standard, that the regents shall certify what number of the books circulated are of such a character as to merit a grant of public money, and that the amount granted yearly to libraries on the basis of circulation shall not exceed ten cents for each volume of the circulation thus certified by the regents. § 1121. Closing of museum; admission fee during certain hours. The trustees of any institution supported under this chapter by public money, in whole or in part, may, so far as consistent with free use by the public at reasonable or specified hours, close any of its museum collections at certain other hours, for study, to meet the demands of special students or for exhibition purposes, and may charge an admission fee at such hours, provided that all receipts from such fees shall be paid into the treasury and be used for the maintenance or enlargement of the institution. § 1 122. Taxes. Taxes, in addition to those otherwise authorized, may be voted by any authority named in section ten hundred and twenty-eight and ten hundred and twenty-nine and for any purpose specified in sections ten hundred and twenty-eight to ten hundred and thirty inclusive, and shall, unless other- wise directed by such vote, be considered as annual appropriations therefor till changed by further vote, and shall be levied and collected yearly, or as directed, as are other general taxes; and all money received from taxes or other sources for such library shall be kept as a separate library fund and expended only under direction of the library trustees on properly authenti- cated vouchers. § 1 123. Trustees. Free public libraries established by action of the voters or their repre- sentatives shall be managed by trustees who shall have all the powers of trustees of other educational institutions of the university as defined in this chapter; provided, unless otherwise specified in the charter, that the number of trustees shall be five; that they shall be elected by the legal voters, except that in cities they shall be appointed by the mayor with the consent of the common council, from citizens of recognized fitness for such position; that the first trustees determined by lot whose term of office shall expire each year and that a new trustee shall be elected or appointed annually to serve for five years. The .Village Laws of New Yoke 3G3 § 1 1 24 Incorporation. Within one month after taking office, the first board of trustees of any such free public library shall apply, to the regents for a charter in accord- ance with the vote establishing the library. § 1 1 25. Use of free public libraries. Every library established under sections ten hundred and twenty-eight and ten hundred and twenty-nine of this chapter shall be forever free to the inhabitants of the locality which establishes it, subject always to rules of the library trustees, who shall have authority to exclude any person who wilfully violates such rules; and the trustees may, under such conditions as they think expedient, extend the privileges of the library to persons living outside such locality. § 1 126. Reports. Every library or museum which receives state aid or enjoys any exemption from taxation or other privilege not usually accorded to business corpora- tions shall make the report required by section ten hundred and ninety-six of this chapter, and such report shall relieve the institution from making any report now required by statute or charter to be made to the legislature, or to any department, court or other authority of the state. These reports shall be summarized and transmitted to the legislature by the regents with the annual reports of the state library and state museum. § 1 127. Injuries to property. Whoever intentionally injures, defaces or destroys any property belonging to or deposited in any incorporated library, reading-room, museum or other educational institution, shall be punished by imprisonment in a state prison for not more than three years, or in a county jail for not more than one year, or by a, fine of not more than five hundred dollars, or by both such fine and imprisonment. § 1 128. Detention. Whoever wilfully detains any book, newspaper, magazine, pamphlet, manu- script or other property- belonging to any public or incorporated library, reading-room, museum or other educational institution, for thirty days after notice in writing to return the same, given after the expiration of the time which by the rules of such institution, such article or other property may be kept, shall be punished by a fine of not less than one nor more than twenty-five dollars, or by imprisonment in the jail not exceeding six months, and the said notice shall bear on its face a copy of this section. § ir2g. Transfer of libraries. Any corporation, association, school district or combination of districts may, by legal vote duly approved by the regents, transfer, conditionally as provided in section ten hundred and twenty-nine of this article, or other- wise, the ownership and control of its library, with all its appurtenances, to any municipality, or district, or public library in the university, or any designated branch thereof, and thereafter such transferee shall be entitled to receive any money, books or other property from the state or other sources, 304 The Village Laws of Xew Yoek to which the transferring body would have been entitled but for such trans- fer, and the trustees or body making the transfer shall thereafter be re- lieved of all responsibility pertaining to property thus transferred. § 1 130. Local neglect. If the local authorities of any library supported wholly or in part by state money, fail to provide for the safety and public usefulness of its books, the regents shall in writing notify the trustees of said library what is neces- sary to meet the state's requirements, and on such notice all its rights to further grants of money or books from the state shall be suspended until the regents certify that the requirements have been met; and if said trustees shall refuse or neglect to comply with such requirements within sixty days after service of such notice, the regents may remove them from office and thereafter all books and other library property wholly or in part paid for from state money shall be under the full and direct control of the regents who, as shall seem best for public interests, may appoint new trustees to •carry on the library, or may store it, or distribute its books to other libraries. § 1131. Loans of books from state. Under such rules as the regents may prescribe, they may lend from the state library, duplicate department, or from books specially given or bought for this purpose, selections of books for a limited time to any public library in this state under visitation of the regents, or to any community not yet having established such library, but which has conformed to the conditions required for such loans. § 1 132. Advice and instruction from state library officers. The trustees or librarian or any citizen interested in any public library in this state shall be entitled to ask from the officers of the state library any needed advice or instruction as to a library building, furniture and equipment, government and service, rules for readers, selecting, buying, cata- loguing, shelving, lending books, or any other matter pertaining to the estab- lishment, reorganization or administration of a public library. The regents may provide for giving such advice and instruction either personallv or through printed matter and correspondence, either by the state library staff or by a library commission of competent experts appointed by the regents to serve without salary. The regents may, on request, select or buy books, or furnish them instead of money apportioned, or may make exchanges and loans through the duplicate department of the state library. Such assistance shall be free to residents of this state as far as practicable, but the regents may, in their discretion, charge a proper fee to nonresidents or for assistance of a personal nature or for other reason not properly an expense to the state, but which may be authorized for the accommodation of users of the library. § 1 133. Apportionment of public library money. Such sum shall have been appropriated by the legislature as public librarv money shall be paid annually by the treasurer, on the warrant of the comp- troller, from the income of the United States deposit fund, according to an apportionment to be made for the benefit of free libraries by the regents in accordance with their rules and authenticated by their seal : provided, that none of this money shall be spent for books except those approved or selected The Village Laws oe New Yoke 365 and furnished by the regents; that no locality shall share in the apportion- ment unless it shall raise and use for the same purpose not less than an equal amount from taxation or other local sources; that for any part of the apportionment not payable directly to the library trustees the regents shall file with the comptroller proper vouchers showing that it has been spent in accordance with law exclusively for books for free libraries or for proper expenses incurred for their benefit; and that books paid for by the state shall be subject to return to the regents whenever the library shall neglect or refuse to conform to the ordinances under which it secured them. § 1 1 34. Abolition. Any library established by public vote or action of school authorities, or under sections ten hundred and twenty-eight and ten hundred and twenty-nine of this chapter, may be abolished only by a majority vote at a regular annual election, ratified by a majority vote at the next annual election. If any such library is abolished its property shall be used first to return to the regents, for the benefit of other public libraries in that locality, the equivalent of such sums as it may have received from the state or from other sources as gifts for public use. After such return any remaining property may be used as directed in the vote abolishing the library, but if the entire library prop- erty does not exceed in value the amount of such gifts it may be transferred to the regents for public use, and the trustees shall thereupon be free from further responsibility. No abolition of a public library shall be lawful till the regents grant a certificate that its assets have been properly distributed -and its abolition completed in accordance with law. 366 The Village Laws of Xew Yobk X. HIGHWAY LAW— MISCELLANEOUS PROVISIONS. (Chapter 25 of the Consolidated Laws.) § i. Short title. This chapter shall be known as the "Highway Law." § 2. Definitions. 1. The term "department," when used in this chapter, shall mean the department of highways, as constituted herein. 2. The terms " commission," " highway commission," and " state highway commission," when so used, shall each mean the state commission of high- ways. The term " stete superintendent of highways," when so used, shalL mean the commissioner of highways, and reference to powers and duties of the state superintendent of highways to be exercised subject to the commis- sion shall mean the exercise of such powers and duties by the commissioner of highways without the concurrence of any other commission or officer. 3. The term " district superintendent " or " county superintendent," when, so used, shall mean the district superintendent of highways or county superintendent of highways, respectively. 4. The term " town superintendent," when so used, shall mean the town superintendent of highways. 5. A highway within the provisions of this chapter shall be deemed to include necessary culvets, sulices, drains, ditches, waterways, embankments, retaining walls and all bridges having a span of five feet or less. Amended by L. 1911, ch. 646; L. 1912, ch. 83; L. 1913, ch. 80. In effect Mar. 14, 1913. § 3. Classification of highways. Highways are hereby divided into four classes. 1. State highways are those constructed or improved under this chapter .at the sole expense of the state, including those highways specified and de- scribed in section one hundred and twenty of the highway law and acts amendatory thereof. 2. County highways are those heretofore or hereafter constructed or im- proved at the joint expense of state, county and town, or state and county,, as provided by law, except those highways specified and described in section one hundred and twenty of this chapter. 3. County roads are those designated as such under a general or special law and constructed, improved, maintained and repaired by the county as such, in counties in which the county road system has been or may be adopted. 4. Town highways are those constructed, improved or maintained by the- town with the aid of the state, under the provisions of this chapter, includ- ing all highways in towns, outside of incorporated villages constituting separ- ate road districts, which do not belong to either of the two preceding classes. Amended by L. 1911, ch. 646; L. 1912, ch. 83. In effect April 2, 1912. The Village Laws of New Yoek 367 § 137. State and county highways in villages and cities of the second and third classes. A state or county highway may be constructed through a city of the second or third class or a village in the same manner as outside thereof, unless the street through which it runs has, in the opinion of the commissioner, been so improved or paved as to form a continuous and improved highway of sufficient permanence as not to warrant its reconstruction, in which case such highway shall be constructed or improved to the place where such paved or improved street begins. If it is desired to construct or improve any portion of a state or county -highway within such village or city of the second or third class at a width greater than that provided for in the plans and specifications therefor, or if a modification of the plans and specifications is desired by which the cost thereof is increased, the board of trustees of such village or common council of such city shall petition' the commission by resolution, to so modify such plans and specifications as to provide for such construction. The commission shall thereupon cause the plans, specifications and estimate for such highway to be modified so as to provide for such additional construction, and shall provide therefor in the contract. Upon the completion of such state or county highway within the village or city of the second or third class in accordance with such modified plans and specifi- cations the commission shall notify the board of trustees or common council, as the case may be, as provided in the case of a county highway. Such board or common council may file a written protest against the acceptance of such work with the commission who shall examine in respect thereto, and if it is. sustained the commission shall delay the acceptance of the highway within: the village or city until it be properly completed. Upon the proper com- pletion thereof and the notification as above provided, the commission shall certify to the board of trustees or common council the cost of such additional construction, and such board or common council shall pay the same out of moneys raised by tax or from the issue and sale of bonds as provided in the village law, if in a village, or by the general or special act governing bond issues and taxation in any such city if in a city of the second or third class. The provisions of the general village law, special village or city charters and other general or special laws relative to the pavement or improvement of streets and the assessment and payment of the cost thereof shall apply, as far as may be, to such additional construction and the assessment and pay- ment of the cost thereof, except that the provisions of any general or local act affecting the pavement or improvement of streets or avenues in any city or village and requiring the owners, or any of the owners, of the frontage on a street to consent to the improvement or pavement thereof, or requiring a. hearing to be given to the persons who, or whose premises, are subject to assessment, upon the question of doing such paving or making such improve- ment shall not apply to the portion of the improvement or pavement of a state or county highway the expense for which is required to be paid by the city or village to the state. Amended by L. 1910, ch. 233; L. 1911, ch. 88; L. 1912, ch. 88; L. 1913, chs. 131, 319. In effect April 17, 1913. 368 The Village Laws of New York § 138. Connecting highways in villages and cities of the second and third classes. The board of trustees of a village or the common council of a city of the second or third class may, by resolution, petition the commission for the con- struction or improvement of a highway to connect streets or highways within the village or » city of the second or third class, which have been paved or improved, wjth county highways which have been heretofore built under the provisions of chapter one hundred and fifteen of the laws of eighteen hundred and ninety-eight, and the acts amendatory thereof. If in the judgment of the commission public convenience requires the construction or improvement of such connecting highway, the commission shall cause plans, specifications .and estimates to be prepared, and shall cause the same to be transmitted to the board of supervisors of the county wherein such highway is situated, with a written statement of their reason for providing for such construction or improvement. . A copy of such statement shall be filed in the office of the ■county clerk of such county. The board of supervisors shall thereupon adopt a resolution providing for such construction or improvement as provided in this article. The payment of the cost of such construction or improvement shall be provided for in such resolution as in other cases, and such payment shall be made in the same manner. A certified copy of such resolution shall be filed in the office of the commission. The construction or improvement of such connecting highway shall then be taken up in the order and manner provided in this article for the construction or improvement of county high- ways. If it is desired to construct or improve any portion of such a connect- ing highway at a width greater than that provided for in the plans or specifi- cations therefor, or if a modification of such plans and specifications is desired by which the cost thereof will be increased, the board of trustees of t>e village or the common council of the city of the second or third class shall proceed as in the preceding section to secure such a modification of the plans and specifications as will provide for such desired construction. The pro- visions of the preceding section shall apply in like manner to the connecting highway to be constructed or improved as provided in this section Amended by L. 1911, ch. 88, L. 1912, ch. 88. In effect April 3, 1912. § 170. Commission to provide for maintenance and repair. The maintenance and repair of improved state and county highways in towns, incorporated villages and cities of the third class exclusive however, of the cost of maintaining and repairing bridges having a span of five feet or over, shall be under the direct supervision and control of the commissioner of highways and he shall be responsible therefor. Such maintenance and repair may be done in the discretion of the commissioner either directly by the department of highway* or by contract awarded to the lowest responsible bidder at * public letting after due advertisement, and under such rules ani * So in original. The Village Laws of New York 368a regulations as the commissioner of highways may prescribe. The commis- sioner of highways shall also have the power to adopt such system as may seem expedient so that each section of such highways, shall be under con- stant observation, and be effectively and economically preserved, maintained and repaired. The commissioner of highways shall have the power to pur- chase materials for such maintenance and repairs, except where such work is done by contract, and contract for the delivery thereof at convenient inter- vals along such highways. Amended by L. 1911, ch. 646; L. 1912, ch. 83; L. 1913, ch. 80. In effect Mar. 14, 1913. § 171. Appropriations by state; apportionment of moneys. There shall be annually appropriated for the maintenance and repair of improved state and county highways an amount sufficient to provide therefor, based upon the estimates prepared and submitted by the commission to the legislature as provided in section twenty-one of this chapter. Not less than ninety per centum of the amount so appropriated shall be apportioned by the commission each year among the counties in accordance with the proportion which the amount to be apportioned bears to the total amount of such esti- mates. The comptroller, upon the requisition of the commission, shall draw his warrant upon the state treasurer in favor of the county treasurer of the county in which the improved state or county highways are located, for an amount which shall not be in excess of the total amount apportioned by the commission to such county. The moneys so paid shall be deposited by the county treasurer to the credit of the fund for the maintenance of improved state and county highways in the county. Any moneys so deposited and placed to the credit of the fund for such maintenance shall be available and subject to the order of the state highway commission at any time prior to the total expenditure thereof. Not more than ten per centum of the amount so appropriated each year may be reserved by the commission for the repair or rebuilding of improved state or county highways, which ten per centum shall not be deemed to be available until after the moneys paid the county treasurer of a county as heretofore provided shall have been expended, and which shall be paid by the state treasurer upon the warrant of the comp- troller drawn upon the requisition of the commission issued when required for such purposes. Amended by L. 1912, ch. 83. In effect April 2, 1912. § 172. Cost to town for maintenance of state and county highways. Each town shall pay for the maintenance and repair of state and county highways each year the sum of fifty dollars for each mile or major fraction of a mile of the total mileage of state and county highways within the town, each incorporated village shall pay for such maintenance and repair at the rate of one and one-half cents for each square yard of surface of such im- 368b The Village Laws of New Yoek proved highway maintained by the state within its corporate limits, and each city of the third class shall pay for such maintenance and repair at the rate of three cents for each square yard of surface of such improved highway maintained by the state within the incorporated limits of such city. On or before the first day of November in each year the commission shall transmit to the clerk of the board of supervisors of each county, to the board of trus- tees of each village and to the common council of said city a statement specifying the number of miles of improved state and county highway in each town, the number of square yards of surface of such improved highway as hereinbefore provided in each village or said city, in such county and the amount which each of such towns, villages and cities, is required to pay into the county treasury on account of the maintenance of state and county high- "ways and a copy of such statement shall be forwarded to the county treasurer. The board of supervisors of the county, the board of trustees of an incorporated village and the common council of said city shall cause the amount to be paid by each town, incorporated village and said city of the county, to be assessed, levied and collected therein in the same manner as ■other town, village and city charges, in the several towns, villages and cities of the third class, and such amount when collected shall be paid into the county treasury to the credit of the fund for the maintenance of state and county highways in the several towns, incorporated villages and said cities of toe county. Amended by L. 1912, ch. 83. In effect April 2, 1912. § 173. Disbursement of maintenance funds. The amount apportioned by the commission for the maintenance and re- pair of state and county highways in each county shall be expended for the repair and maintenance of such highways in such county, but the amount paid by each town, incorporated village or city of the third class as provided by section one hundred and seventy-two shall be expended for the repair and maintenance of such highways in such town, incorporated village or said city. The county treasurer shall pay out the moneys received by him as provided in this article upon the written order of the representative of the commission, who, before drawing any such orders shall give a bond in an amount to be specified by the commission, and with such sureties as shall be approved by the commission; such bond shall be filed in the office of the state comptroller and certified copy thereof filed in the office of the state highway commission and in the office of the county treasurer. Such orders shall be issued upon vouchers duly presented to the representative of the com- mission in the form to be prescribed by it. The commission may adopt rules and regulations providing for the presentation and payment of accounts for maintenance and repair. Amended by L. 1912, ch. 83. In effect April 2, 1912. The Village Laws of New Yosk 86S3 ■§ 174. Reports of county treasurer. The county treasurer shall report to the commission annually and at such -other times as required by the commission, the amount received by him on -account of the maintenance and repair of improved state and county high- ways in the several towns, incorporated villages and cities of the third class in his county and the expenditures made by him out of such moneys. The form and contents of such report shall be prescribed by the commission. Amended by L. 1912, ch. 83. In effect April 2, 1912. § 176. Liability of state for damages. The state shall not be liable for damages suffered by any person from •defects in state and county highways, except such highways as are main- tained by the state by the patrol system, but the liability for such damages shall otherwise remain as now provided by law, notwithstanding the con- struction or improvement and maintenance of such highways by the state under this chapter; but nothing herein contained shall be construed to im- pose on the state any liability for defects in bridges over which the state has no control. Within the limits of incorporated villages and cities of the third class the state shall maintain a roadway of equal width to that lying immediately outside of said incorporated limits, the location of the state's portion of such roadway within said incorporated limits to be determined by the center line of the roadway as shown on the plans on file with the state highway department, and the state shall be liable for damages to persons or property only when such damages shall occur as a result of the defective condition of the portion of improved highway as above described. Amended by L. 1912, ch. 83. In effect April 2, 1912. ••§ 177. Maintenance of state and county highways in villages. (Repealed by L. 1912, ch. 83.) y the state board of tax commissioners and which shall have been apportioned to an incorporated village in the manner provided in this chapter and the name of the village. 5. In the fifth column, there shall be entered by the proper official the amount of the tax levied against fehe corporation, association, copartnership or person named. 6. In the sixth column, there shall be entered by the proper official the date of the payment of such tax. Amended by L. 1911, oh. 315; L. 1912, ch. 266. In effect April 11, 1912. § 37. Hearing of complaints. The assessors shall meet at the time and place specified in such notice, and hear and determine all complaints in relation to such assessments brought before them, and for that purpose they may adjourn from time to time. Such complainants shall file with the assessors a statement, under oath, specifying the respect in which the assessment complained of is incorrect, which verification must be made by the person assessed or whose property is assessed, or by some person authorized to make such statement, and who has knowledge of the facts stated therein. The assessors may administer oaths, take testimony and hear proofs in regard to any such complaint and the assessment to which it relates. If not satisfied that such assessment is erroneous, they may require the person assessed, or his agent or represen- tative, or any other person, to appear before them and be examined con- cerning such complaint, and to produce any papers relating to such assess* ■ ment with respect to his property or his residence for the purpose of taxa- tion. If any such person, or his agent or representative, shall wilfully neglect or refuse to attend and be so examined, or to answer any material question put to him, such person shall not be entitled to any reduction of his assess- ments. Minutes of the examination of every person examined by the as- sessors upon the hearing of any such complaint shall be taken and filed in the office of the town or city clerk. The assessors shall, after said exam- ination, fix the value of the property of the complainant and for that pur- pose may increase or diminish the assessment thereof. 1 290. Contents of petition for writ of certiorari. Any person assessed upon any assessment-roll, claiming to be aggrieved by any assessment for property therein, may present to the supreme court a petition duly verified setting forth that the assessment is illegal, specify- ing the grounds of the alleged illegality, or if erroneous by reason of over- Taluation, stating the extent of such overvaluation, or if unequal in that the assessment has been made at a higher proportionate valuation than the assessment of other property on the same roll by the same officers, speeify- 382 The Village Laws of New Yoek ing the instances in which such inequality exists, and the extent thereof, and stating that he is or will be injured thereby. Such petition must show that application has been made in due time to the proper officers to correct such assessment. Two or more persons assessed upon the same roll who are affected in the same manner by the alleged illegality, error or inequality, may unite in the same petition. § 29.1. Allowance of writ of certiorari. Such petition must be presented to a justice of the supreme court or at a special term of the supreme court in the judicial district in which the assessment complained of was made, within fifteen days after the com- pletion and filing of the assessment-roll and the first posting or publication of the notice thereof as required by this chapter. Cpon the presentation of such petition, the justice or court may allow a writ of certiorari to the- officers making the assessment, to review such assessment, and shall pre- scribe therein the time within which a return thereto must be' made and served upon the relator's attorney, which shall not be less than ten days, and may be extended by the court or a justice thereof. Such writ shall be returnable to a special term of the supreme court of the judicial district in which the assessment complained of was made. The allowance of the writ shall not stay the proceedings of the assessors or other persons to whom it is directed or to whom the assessment is delivered, to be acted upon according to law. 5 292. Return to writ. The officers making a return to such writ shall not be required to return the original assessment-roll or other original papers acted upon by them, but it shall be sufficient to return certified or sworn copies of such roll or papers, or of such portions thereof as may be called for by such writ. The return must concisely set forth such other facts as may be pertinent and material to show the value of the property assessed on the roll and the grounds for the valuation made by the assessing officers and the return must be verified. § 295. Appeals. An appeal may be taken by either party from an order, judgment or determination under this article as from an order, and it shall be heard and determined in like manner as appeals in the supreme court from orders. All issues and appeals in any proceeding under this article shall have prefer- ence over all other civil actions and proceedings in all courts. The Village Laws of New Toek 383- XII. PENAL LAW— MISCELLANEOUS PROVISIONS. (Chapter 40 of the Consolidated Laws.) 8 510. Forfeiture of office and suspension of civil rights. A sentence of imprisonment in a state prison for any term less than for- life, forfeits all the public offices, and suspends, during the term of the sentence, all the civil rights, and all private trusts, authority, or powers of,, or held by, the person sentenced. § 511. Consequence of sentence to imprisonment for life. A person sentenced to imprisonment for life is thereafter deemed civilly- dead. § 776. Failure to file candidate's statement of expenses. Every candidate who is voted for at any public election held within this- state shall, within ten days after such election, file as hereinafter provided. an itemized statement showing in detail all the moneys contributed or ex- pended by him, directly or indirectly, by himself or through any other per- son, in aid of his election. Such statement shall give the names of the various persons who received such moneys, the specific nature of each item,, and the purpose for which it was expended or contributed. There shall be- attached to such statement an affidavit subscribed and sworn to by such candidate, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys so contributed or expended by him, directly or indirectly, by him- self or through any other person in aid of his election. Candidates for offices to be filled by the elector* of the entire state, or any division or dis- trict thereof greater than a county, shall file their statements in the office of the secretary of state. The candidates for town, village and city offices, excepting in the city of New York, shall file their statements in the office ef the town, village or city clerk, respectively, and in cities wherein there is no city clerk, with the clerk of the common council of the city wherein the election occurs. Candidates for all other offices, including all officers ia the city and county of New York, shall file their statements in the office of the clerk of the county wherein the election occurs, unless the county has a. commissioner of elections, in which case candidates shall file their state- ments in the office of such commissioner of elections. Any candidate for office who refuses or neglects to file a statement as pre- scribed in this section shall be guilty of a, misdemeanor. A county clerk or commissioner of elections with whom a candidate's statement of expenses. is filed shall, within twenty days after the election, file a certified copy thereof with the secretary of state. Amended by L. 1910, ch. 439. \ § 7S1. Limitation of amounts to be expended by candidates. The total amount expended by a candidate for a public office, voted for at an election, by the qualified electors of the state or any political sub- division thereof, for any of the purposes specified in section seven hundred and sixty-seven of this chapter, for contributions to political committees, as that term is defined in section five hundred and forty of the election law,. or for any purpose tending in any way, directly or indirectly, to promote or aid in securing, his nomination and election shall not exceed the amount specified herein. By a candidate for governor, the sum of ten thousand dol- lars; by a candidate for any other elective state office, other than a judicial 384 The Village Laws of New Yoek office, the sum of six thousand dollars; by a candidate for the office of repre- sentative in congress or presidential elector, the sum of four thousand dol- lars; by a candidate for the office of state senator, the sum of two thousand dollars; by a candidate for the office of member of assembly, the sum of one thousand dollars; by a candidate for any other public office to be voted for by the qualified electors of a county, city, town or village, or any part' thereof, if the total number of votes east therein for all candidates for the office of governor at the last preceding state election, shall be five thousand or less, the sum of five hundred dollars; if the total number of votes cast therein at such last preceding state election be in excees of five thousand, the sum of three dollars for each one hundred votes in excess of such number may be added to the amounts above specified. Any candidate for a public office who shall expend for the purposes above mentioned an amount in excess of the sum herein specified shall be guilty of a misdemeanor. 1 782. Penalty. Any person convicted of a misdemeanor under this article shall for a first offense be punished by imprisonment for not more than one year, or by a fine of not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment. Any person convicted of a mis- demeanor under this article for a second or subsequent offense shall be guilty of a felony. 1 1271. Hours of labor to be required. Any person or corporation: 1. Who, contracting with the state or a municipal corporation, shall re- quire more than eight hours work for a day's labor; or, 2. Who shall require more than ten hours labor, including one-half hour for dinner, to be performed within twelve consecutive hours, by the employees of a street surface and elevated railway owned or operated by corporations whose main line of travel or routes lie principally within the corporate limits of cities of more than one hundred thousand inhabitants; or ", Who shall require the employees of a corporation owning or operating a brickyard to work contrary to the requirements of section five of the labor law; or, 4. Who shall require or permit any employee engaged in or connected with the movement of any train of a corporation operating a line of railroad of -thirty miles in length, or over, in whole or in part within this state, to remain on duty more than sixteen consecutive hours; or to require or permit any such employee who has been on duty sixteen consecutive hours to go on duty without having had at least ten hours off duty; or to require or permit any such employee who has been on duty sixteen hours in the aggre- gate in any. twenty-four hour period, to continue on duty or to go on duty without having had at least eight hours off duty within such twenty-four hour period: except when by casualty occurring after such employee has started on his trir, or bv unknown casualty occurring before he started on bis trip, and except when by aecident or unexpected delay of trains scheduled to make connection with the train on which such employee is serving, he is prevented from reaching his terminal; Is guilty of a misdemeanor, and on conviction therefor shall be punished The Village Laws of New Yoke 385 foy a fine of not less than five hundred nor more than one thousand dollars for each offense. If any contractor with the state or a municipal corporation shall require more than eight hours for a day's labor, upon conviction therefor in addition to such fine, the contract shall be forfeited at the option of the municipal corporation. •§ 1275. Violations of provisions of labor law; the industrial code; the rules and regulations of the industrial board of the department of labor; orders of the commissioner of labor. Any person who violates or does not comply with any provision of the labor law, any provision of the industrial code, any rule or regulation of the indus- trial board of the department of labor, or any lawful order of the commis- sioner of labor; and any person who knowingly makes a false statement in •or in relation to any application made for an employment certificate as to any matter required by article six and eleven of the labor law to appear in any affidavit, record, transcript or certificate therein provided for, is guilty of a misdemeanor and upon conviction shall be punished, except as in this chapter otherwise provided, for a first offense by a fine of not less than twenty nor more than fifty dollars; for a second offense by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a third offense by a fine of not less than two .hundred and fifty dollars, or by imprisonment ■for not more than sixty days, or by both such fine and imprisonment. Amended by L. 1911, eh. 749; L. 1912, ch. 383; L. 1913, ch. 349. In effect April 22, 1913. § 1425. Malicious injury to and destruction of property. A person who wilfully: 1. Cuts down, destroys or injures any wood or timber standing or grow- ing, or which has been cut down and is lying on lands of another, or of the people of the state; or, 2. Cuts down, girdles or otherwise injures a fruit, shade or ornamental tree standing on the lands of another, or of the people of the state; or, 3. Severs from the freehold of another, or of the people of the state, any produce thereof, or any thing attached thereto; or, 4. Digs, takes or carries away without lawful authority or consent from any lot of land in any city or incorporated village, or from any lands in- cluded within the limits of a street or avenue laid down on the map of such city or village, or otherwise recognized or established, any earth, soil or stone; or, 5. Enters without the consent of the owner or occupant any orchard, fruit garden, vineyard or ground whereon is cultivated any fruit, with intent to take, injure or destroy any thing there growing or grown; or, 386 The Village Laws of New Yoek 6. Cuts down, destroys or in any way injures any shrub, tree or vine be- ing or growing within any such orchard, garden, vineyard or upon any such- ground, or any building, frame work or erection thereon; or, 7. Maliciously injures any ice upon any water from which ice is taken as an article of merchandise with intent to injure the owner thereof, or entera or skates upon any pond or body of water not navigable, kept and used for the purpose of taking ice therefrom as an article of merchandise, and upon or adjoining which » notice has been placed in a conspicuous position for- bidding such entry, and stating the purpose for which said body of water is kept or used, or puts or throws upon or into any such pond or body of water any stick, stone or other substance to the injury of the ice or water; or, 8. Unlawfully takes or carries away or interferes with or disturbs by any means the oysters or other shell fish of another, legally planted upon the bed of any river, bay, sound or water of this state, or removes, pulls up or destroys any stake or buoy designated or marking out any legally planted oyster bed of another, is guilty of a misdemeanor; and any oysters planted upon the bed of any waters of this state leased by the commissioners of fisheries shall be deemed legally planted, and evidence that any boat or vessel has been used for the purpose of taking, carrying away or interfering with such oysters shall be presumptive evidence of guilt as against the owner, master or crew of such vessel; or, 9. Intrudes or places any hovel, shanty or building upon, or within the limits of any lot or piece of land within any incorporated city or village, without the consent of the owner, or within the boundaries of any street or avenue within such city or village; or, 10. Kills, wounds or traps any bird, deer, squirrel, rabbit or other animal within the limits of any cemetery or public burying ground, or of any public park or pleasure ground, or removes the young of any such animal, or the eggs of any such bird, from any cemetery, park or pleasure ground, or ex- poses for sale, or knowingly buys or sells any bird or animal so killed or taken; or, 11. Drives or leads along a public highway a wild and dangerous animal, or vehicle or engine propelled by steam, except upon a railroad, along a public highway, or causes or directs such animal, vehicle or engine to be so- driven, led or to be made to pass, unless » person of mature age shall pre- cede such animal, vehicle or engine by at least one-eighth of a mile, carry- ing a red light, if in the night time, and gives warning to all persons whom he meets traveling such highway, of the approach of such animal, vehicle or engine; or, 11-a. [Added, 1909.] With intent so to do, damages in any manner an automobile or other motor vehicle; or, Added by L. 1909, Ch. 525. In effect Sept. 1, 1909. 12. Takes or attempts to take, without the consent of the owner of any lake or pond, any fish from the waters thereof, provided such lake or pond is so situated that fish can not pass thereinto from the waters of any other lake, pond or stream, either public or owned by other persons; or, without the consent of the owner of any such lake or pond, places therein any piscivorous fish or any poison or other substance injurious to the healih of fish, or lets the waters out of any such lake or pond, with intent to take- fish therefrom or to harm fish therein; or, The Village Laws of JSFew Yoek 387 13. Injures any arsenal or armory, or its fixtures, or any uniforms, arms or equipments, or other property therein deposited; or, 14 Trespasses upon any rifle range lawfully used by or in connection with the national guard of the state, or any organization, division or district thereof, or injures any target or other property situate thereon, or wilfully violates thereon any regulation established to maintain order, preserve prop- erty or prevent accident, upon such range, or removes, mutilates or destroys a battle flag, book, placard, relic or record deposited or kept in the state military bureau; or, 15. Cuts, spoils or destroys any cordage, cable, buoys, buoy-rope, head- fast or other fast fixed to the anchor or moorings belonging to any vessel, or who shall, with intent to injure, tamper in any way with the lines or cables by which any vessel is moored or made fast, or who shall, with intent to injure, tamper in any manner with the steering-gear, bell-gear, engines, machinery, lights or any other equipments of any vessel, Shall be deemed guilty of a misdemeanor. 16. Any person, who in any manner, for exhibition or display, shall place or cause to be placed, any word, figure, mark, picture, design, drawing or any advertisement, of any nature upon any flag, standard, color or ensign of the United States of America or state flag of this state or ensign, or shall expose or cause to be exposed to public view any such flag, standard, color or ensign, upon which after the first day of September, nineteen hundred and five, shall have been printed, painted or otherwise placed, or to which shall be attached, appended, affixed, or annexed, any word, figure, mark, picture, design, or drawing, or any advertisement of any nature, or who shall expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale, or to give away, or for use for any purpose, any article, or substance, being an article of merchandise, or a receptacle of merchandise or article or thing for carrying or transporting merchandise, upon which after the first day of September, nineteen hundred and five, shall have been printed, painted, attached, or otherwise placed, a representation of any such flag, standard, color or ensign, to advertise, call attention to, deco- rate, mark, or distinguish, the article or substance, on which so placed, or who shall publicly mutilate, deface, defile, or defy, trample upon, or cast contempt, either by words or act, upon any such flag, standard, color or ensign, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars or by imprisonment for not more than thirty days, or both, in the discretion of the court; and shall also for- feit a penalty of fifty dollars for each such offense, to be recovered with costs in a civil action, or suit, in any court having jurisdiction, and such action or suit may be brought by or in the name of any citizen of this state, and such penalty when collected less the reasonable cost and expense of action or suit and recovery to be certified by the district attorney of the county in which the offense is committed shall be paid into the treasury of this state; and two or more penalties may be sued for and recovered in the same action or suit. The words, flag, standard, color or ensign, as used in this subdivision or section, shall include any flag, standard, color, ensign, or any picture or representation, of either thereof, made of any substance, or represented on any substance, and of any size, evidently purporting to be, either of, said flag, standard, color or ensign, of the United States of 388 The Vileage Laws oe 2s ew Yoek America, or a picture or representation, of either thereof, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or by which the person seeing the same, without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America. The possession by any person, other than a public officer, as such, of any such flag, standard, color or ensign, on which shall be anything made unlawful at any time by this section, or of any article or substance or thing on which shall be anything made unlawful at any time by this section shall be presumptive evidence that the same is in violation of this section, and was made, done or created after the first day of September, nineteen hundred and five, and that such flag, standard, color, ensign, or article, substance, or thing, did not exist on the first day of September, nineteen hundred and five. § 1427. Removal of books and works of art from library, wilful injury to works of artj ornamental trees or other improvements. Any person who: 1. Removes or assists in removing any book, manuscript, map, print, coin, medal, printing or other literary article or work of art from the library building of any reference library company, except for its preservation or repair or for the purpose of its deposit in some other building of the com- pany, or, being a trustee or officer of such company, consents to the removal thereof; or, upon such removal refuses to permit the same to be restored; or, 2. Xot being the owner thereof, and without lawful authority, wilfully injures, disfigures, removes or destroys a gravestone, monument, work of art, or useful or ornamental improvement, or any shade tree or ornamental plant, whether situated upon private grounds or upon the street, road or sidewalk, cemetery or public park or place, or removes from any grave in a cemetery any flowers, memorials or other tokens of affection, or other thing connected with them, Is guilty of a misdemeanor. § 1428. Wilful or malicious injury to certain article in libraries, galleries, museums or exhibitions. A person who wilfully or maliciously cuts, tears, defaces, disfigures, soils, obliterates, breaks or destroys, a book, map, chart, picture, engraving, statue, coin, model, apparatus, specimen, or other work of literature or object of art, or curiosity, deposited in a. public library, gallery, museum, collection, fair, or exhibition, or in a library, gallery, museum, collection or exhibition belonging to any incorporated college or university, or to any other incor- porated institution devoted to educational, scientific, literary, artistic, his- torical or charitable purposes, is punishable by imprisonment in a state prison for not more than three years, or in a, county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. § 1530. Public nuisance defined. A "public nuisance" is » crime against the order and economy of the state, and consists in unlawfully doing an act, or omitting to perform a duty, which act or omission: The Village Laws of Xew Yoek 3S9 1 1. Annoys, injures or endangers the comfort, repose, health or safety of any considerable number of persons; or, 2. Offends public decency; or, 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, or a navigable river, bay, stream, canal or basin, or a stream, creek or other body of water which has been dreil^od or cleared at public expense, or a public park, square, street or highway; or, 4. In any way renders a considerable number of persons insecure in Hie, or the use of property. § 1610. Unlicensed peddlers. A person who is found trading as a peddler without a license, or contrary to the terms of his license, or who refuses to produce his license on demand of any officer or citizen, is guilty of a misdemeanor. § 1622. Swearing falsely in any form, perjury. A person swearing, affirming, or declaring, in any form, where an oath is authorized by law, is lawfully sworn, and is guilty of perjury, in a case where he would be guilty of the same crime, if he had sworn by laying his hand upon the Gospels. § 1740. Wilful violation of health laws. 1. A person who wilfully violates or refuses or omits to comply with any lawful order or regulation prescribed by any local board of health or Iccil health officer, is guilty of a misdemeanor. 2. A person who wilfully violates any provision of the health laws, or any regulation lawfully made or established by any public officer or board under authority of the health laws the punishment for violating which is not otherwise prescribed by those laws, or by this chapter, is punished by imprisonment not exceeding one year, or by a fine not exceeding two thou- sand dollars or by both. § 1741. Obstructing health officer in performance of his duty. A person who wilfully opposes or obstructs a health officer or physician charged with the enforcement of the health laws, in performing any legal duty, is guilty of a misdemeanor. § 1820. Acting in a public office without having qualified. A person who executes any of the functions of » public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, as prescribed by law, is guilty of a misdemeanor. § 1821. Acts of officers de facto. The last section must not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where persons other than himself are interested in maintaining the validity of such acts. § 1822. Giving or offering bribes. A person who gives or offers a bribe to any executive officer of this state with intent to irlnence him in respect to any act, decision, vote, opinion, 300 The Village Laws of Xew Yoke or other proceeding as such officer, is punishable by imprisonment in a state prison not exceeding ten years, or by fine not exceeding five thousand dol- lars, or by both. § 1823. Asking or receiving bribes. An executive officer, or person elected or appointed to an executive office, who asks, receives or agrees to receive any bribe, upon an agreement or understanding that his vote, opinion or action upon any matter then pend- ing or which may by law be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in a state prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or by both; and in addition thereto forfeits his office and is forever disqualified from holding any public office under this state. § 1826. Taking unlawful fees. A public officer or a deputy, clerk, assistant or other subordinate of a public officer, or any person appointed or employed by or in the office of a public officer, who shall, in any manner act for or in behalf of any such officer, who asks or receives, or consents or agrees to receive, any emolument, gratuity or reward, or any promise of emolument, gratuity or reward, or any money, property or thing of value or of personal advantage, except such as may be authorized by law, for doing or omitting to do any official act, or for performing or omitting to perform, or for having performed or omitted to perform any act whatsoever directly or indirectly related to any matter in respect to which any duty or discretion is by or in pursuance of law imposed upon or vested in him, or may be exercised by him by virtue of his office, or appointment or employment or his actual relation to the matter, shall be guilty of a felony, punishable by imprisonment for not more than ten years or by a fine of not more than four thousand dollars, or both. § 1830. Taking fees for services not rendered. An executive officer who asks or receives any fee or compensation for any official service which has not been actually rendered, except in cases of charges for prospective costs, or of fees demandable in advance in the cases allowed by law, is guilty of a misdemeanor. § 1832. Corrupt bargain for appointment. 1. A person who gives or offers to give, any gratuity or reward, in con- sideration that himself or any other person shall be appointed to a public office, or to a clerkship, deputation, or other subordinate position, in such an office, or shall be permitted to exercise, perform, or discharge any pre- rogatives or duties, or to receive any emoluments, of such an office, is guilty «f a misdemeanor. 2. A person who asks or receives, or agrees to receive, any gratuity, or reward, or any promise thereof, for appointing another person, or procuring for another person an appointment, to a public office or to a clerkship, depu- tation, or other subordinate position in such an office, is guilty of a mis- demeanor. If the person so offending is a public officer, a conviction also forfeits his office. The Village Laws of New Yoek 391 -5 1833. Selling right to official powers. A public officer who, for any reward, consideration or gratuity, paid, or agreed to be paid, directly or indirectly, grants to another the right or authority to discharge any functions of his office, or permits another to make appointments or perform any of its duties, is guilty of a misdemeanor, and a conviction for the same forfeits his office, and disqualifies him forever from holding any office whatever under this state. § 1834. Appointment avoided by conviction. A grant, appointment, or deputation, made contrary to the provisions of either subdivision two of section eighteen hundred and thirty -two, or section eighteen hundred and thirty-three, is avoided and annulled by a conviction for the violation of either of those sections, in respect to such grant, ap- pointment, or deputation ; but any official act done before conviction, is unaffected by the conviction. § 1835. Intrusion into public office. A person who wilfully intrudes himself into a public office, to which he has not been duly elected or appointed, or who, having been an executive or administrative officer, wilfully exercises any of the functions of his office, after his right so to do has ceased, is guilty of a misdemeanor. § 1836. Officer refusing to surrender to successor. A person who, having been an executive or administrative officer, wrong- fully refuses to surrender the official seal, or any books or papers, apper- taining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor. I 1863. Auditing and paying fraudulent claims upon the state or a municipal corporation. A public officer, or person holding or discharging the duties of any office •or place of trust under the state, or in any county, town, city or village, a part of whose duty is to audit, allow or pay, or take part in auditing, allow- ing or paying, claims or demands upon the state, or such county, town, city or village, who knowingly audits, allows or pays, directly or indirectly con- sents to, or in any way connives at the auditing, allowance or payment of any claim or demand against the state or such county, town, city or village, which is false or fraudulent, or contains charges, items or claims, which are false or fraudulent, is guilty of felony, punishable by imprisonment for a term not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. § 1865. Misappropriation and falsification of accounts by public officers. A public officer, or a deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of the people of this state, or of any department of the government of this state, or of any bureau or fund created by law, and in which the people of this state are directly or indirectly interested, or for or on account of any city, county, Tillage or town, who: 1. Appropriates to his own use, or to the use of any person not entitled .392 The Village Laws of Hew Yoke thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or otherwise; or, 2. Knowingly keeps any false account, or makes any false entry or erasure in any account of, or relating to, any money so received by him; or, 3. Fraudulently alters, falsifies, conceals, destroys or obliterates any such, account ; or, 4. Wilfully omits or refuses to pay over to the people of this state .or their officer or agent authorized by law to receive the same, or to such city r Village, county, or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such officer,, when it is his duty imposed by law to pay over, or account for, the same, Is guilty of a felony. § 1866. Violations of laws by public officers. An officer or other person mentioned in the last section who wilfully dis- obeys any provision of law regulating his official conduct, in cases other than those specified in that section is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding two- years, or both. § 1868. Officials not to be interested in sales, leases or contracts. A public officer or school officer, who is authorized to sell or lease any" property, or to make any contract in his official capacity, or to take part in making any such sale, lease or contract, who voluntarily becomes in- terested individually in such sale, lease or contract, directly or indirectly, except in cases where such sale, lease or contract, or payment under the same, is subject to audit or approval by the commissioner of education, is guilty of a misdemeanor. § 1872. Fraudulently presenting bills or claims to public officers for payment. A person who, knowingly, with intent to defraud, presents, for audit, or allowance, or for payment, to any officer or board of officers of the state, or of any county, town, city or village, authorized to audit, or allow, or to pay bills, claims or charges, any false or fraudulent claim, bill, account, writing or voucher, or any bill, account or demand, containing false or fraudulent charges, items or claims, is guilty of a felony. The Village Laws of New Yoek 393 XIII. MISCELLANEOUS LAW— MISCELLANEOUS PRO- VISIONS. CIVIL SERVICE LAW.* (Chapter 7 of the Consolidated Laws.) § 21. Preferences allowed honorably discharged soldiers, sailors and marines. In every public department and upon all public works of the state of New York and of the cities, counties, towns and villages thereof, honorably dis- charged soldiers, sailors and marines from the army and navy of the United States in the late civil war who are citizens and residents of this state, shall be entitled to preference in appointment and promotion without regard to their standing on any list from which such appointment or promotion may be made to all competitive and non-competitive positions provided their qualifications and fitness shall have been ascertained as provided in this chapter and the rules and regulations in pursuance thereof; and a person thus preferred shall not be disqualified from holding any position in the civil service on account of his age or by reason of any physical disability provided such age or disability does not render him incompetent to perform the duties of the position applied for. Whenever any list of eligible persons, prepared under authority of this chapter, shall contain the names of honor- ably discharged soldiers, sailors and marines entitled to preference as afore- said, any reference in this chapter or in the rules and regulations in pur- suance thereof to the person standing highest on such list shall be deemed, to indicate those standing highest of those entitled to preference by the pro- visions of this section and such persons shall he given preference on any list. of registered applicants for employment in the labor service, in accordance- with the dates of their several applications as though such applications had been filed prior to those of any persons on such lists not entitled to the preference provided by this section. A refusal to allow the preference pro- vided for in this and the next succeeding section to any honorably discharged soldier, sailor or marine or a reduction of his compensation intended to bring about his resignation shall be deemed a misdemeanor, and such honor- ably discharged soldier, sailor, or marine shall have a right of action therefor in any court of competent jurisdiction for damages, and also a remedy by mandamus for righting the wrong. § 22. Power of removal limited. Every person whose rights may be in any way prejudiced contrary to any of the provisions of this section shall be entitled to a writ of mandamus to remedy the wrong. No person holding a position by appointment or employment in the state of New York or in the several cities, counties, towns or villages thereof who is an honorably discharged soldier, sailor or marine, having served as such in the Union army or navy during the war of the rebellion, or who is an honorably discharged soldier, sailor or marine, having served as such in the army or navy of the United States during the late war with Spain or the incidental insurrection in the Philippines prior to July fourth, nineteen hundred and two, or who shall have served the term * Editor's Note. — For a full treatment of this subject see Collier on Civil Service. 394 The Village Laws of New Yoek required by law in the volunteer fire department of any city, town or vil- lage in the state, or who shall have been a, member thereof at the time of the disba-ndment of such volunteer fire department shall be removed from such position except for incompetency or misconduct shown after a hearing upon due notice upon stated charges, and with the right to such employee or appointee to review by a writ of certiorari. If the position so held by any such honorably discharged soldier, sailor or marine or volunteer fireman shall become unnnecessary or be abolished for reasons of economy or other- wise, the said honorably discharged soldier, sailor or marine or volunteer fireman holding the same shall not be discharged from the public service, but shall be transferred to any branch of the said service for duty in such position as he may be fitted to fill, receiving the same compensation therefor, and it is hereby made the duty of all persons clothed with power of appoint- ment to make such transfer effective. The burden of proving incompetency or misconduct shall be upon the person alleging the same. In every county of the state wholly included within the limits of a city but not comprising the whole of such city, no regular clerk or head of a bureau or person holding a position in the classified state civil service, subject to competitive exami- nation, shall be removed until he has been allowed an opportunity of making an explanation; and in every case of removal the true grounds thereof shall be forthwith entered upon the records of the department of the office in which he has been employed, and a copy filed with the state civil service commission. In case of a removal, a statement showing the reasons therefor shall be filed in the department or office where such clerk, head of a bureau or person had been employed. Whenever such offices, positions or employments in every county of the state hereinbefore specified are abolished or made unnecessary, it shall be the duty of the head of the department or office in which such persons had been employed, to furnish the names of the person or persons affected to the state civil service commission, with a statement in the case of each of the date of his original appointment in the service. It shall be the duty of the state civil service commission forthwith to place the names of said persons upon a list of suspended employees for the office or position or for the class of work in which they have been employed, or for any corresponding or similar office, position or class of work, and to certify the said persons for reinstatement or re-employment in the order of their original appointment before making certification from any other list. The failure of any person on any such list for reinstatement or re-employ- ment to accept after reasonable notice, an office or position in the same county and at the same salary or wages as the position formerly held by him, shall be held to be a relinquishment of his right to reinstatement as herein stated. Nothing in this section shall be construed to apply to the position of private secretary, cashier or deputy of any official or department. Amended by L. 1910, Ch. 264. In effect May 9, 1910. § 23. Compensation of veterans reinstated by order of the courts. Any honorably discharged soldier, sailor or marine, who having served as such in the Union army or navy during the war of the rebellion, shall have been, or may hereafter be removed from any position held by him by appoint- ment or employment in the state of New York or in the several cities, counties, towns or villages thereof in contravention or violation of any provision of sec- tion twenty-two of this article and who shall have been restored to such post. Tun Village Laws of New York 395 tion or employment either by a peremptory writ of mandamus of the supreme court or by final order on a writ of certiorari, as authorized by said section twenty-two, shall be entitled to receive and shall receive from said state or the city, county, town or village thereof undsr which said position or employment was held by him, tl:e same compensation therefor from the date of siu'h unlawful removal to the dote of his said restoration to said positioii or employment which he would have been entitled by law to have received in such position or employment but for such unlawful removal, and such veteran shall be entitled to a writ of mandamus to enforce the pay- ment thereof, but such compensation or salary or wages, due in such position or employment, shall be subject to the provisions of sections four hundred seventy-four and four hundred seventy-five of the judiciary law for services rendered in either or both said special proceedings but otherwise shall be paid only directly to such veteran. § 25. Recommendations for appointment or promotion. No recommendation or question under the authority of this chapter shall relate to the political opinions or affiliations of any person whatever; and no appointment or selection to or removal from an office or employment within the scope of the rules established as aforesaid, shall be in any manner affected or influenced by such opinions or affiliations. No person in the civil service of the state or of any civil division or city thereof, i3 for that reason under any obligation to contribute to any political fund or to render any political service, and no person shall be removed or otherwise prejudiced for refusing so to do. No person in the said civil service shall discharge or promote or reduce, or in any manner change the official rank or compensation of any other person in said service, or promise or threaten so to do for giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. No person in said service shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any election. § 26. Political assessments prohibited. No officer, agent, clerk or employee under the government of the state of New York or any civil division or city thereof shall, directly or indirectly, use his authority or official influence to compel or induce any other officer, clerk, agent or employee under said government, or any civil division or city thereof, to pay or promise to pay any political assessment, subscription cr Contribution. Every said officer, agent, clerk or employee who may have charge or control in any building, office or room occupied for any purpose of said government, or any said division or city thereof, is hereby authorized to prohibit the entry of any person, and he shall not knowingly permit any person to' enter the same for the purpose of therein making, collecting, receiving or giving notice of any political assessment, subscription or con- tribution.; and no person shall enter or remain in any said office, building or room, or send or direct any letter or other writing thereto, for the pur- pose of giving notice of, demanding or collecting a political assessment, nor shall any person therein give notice of, demand, collect or receive any such, assessment, subscription or contribution; and no person shall prepare or make out, or take any part in preparing or making out, any political assess- ment, subscription or contribution with the intent that the same shall be 396 The Village Laws of New Yoek sent or presented to or collected of any officer, agent or employee subject to the provisions of this chapter, under the government of the state of New. York, or that of any civil division or city thereof, and no person shall knowingly send or present any political assessment, subscription or contri- bution to or request its payment of any said officer, agent or employee. Any person who shall be guilty of violating any provision of this section shall be deemed guilty of a misdemeanor. § 27. Officers or candidates not to promise influence; "public officer" and "public employee" defined. Whoever, while holding any public office, or in nomination -for, or while seeking a nomination or appointment for any public office, shall corruptly use or promise to use, whether directly or indirectly, any official authority or influence, whether then possessed or merely anticipated, in the way of conferring upon any person, or in order to secure or aid any person in securing any office or public employment, or anj- nomination, confirmation, promotion or increase of salary, upon the consideration or condition that the vote or political influence or action of the last-named person, or any •other, shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration, shall be deemed guilty ■of bribery or an attempt at bribery. And whoever, being a public officer, or having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer, shall corruptly use, or promise, or threaten to use any such authority or influence, directly or indirectly, in order to coerce or persuade the vote or political action of any citizen or the removal, discharge or promotion of any officer or public employee, or upon any other corrupt consideration, shall also be guilty of bribery or of an attempt at bribery. Every person found guilty of such bribery, or an attempt to commit the same, as aforesaid, shall, upon convic- tion thereof, be liable to be punished by a fine of not less than one hundred dollars nor more than three thousand dollars, or to be imprisoned not less than ten days nor more than two years, or to both said fine and said imprisonment in the discretion of the court. The phrase " public officer " shall be held to include all public officials in this state, whether paid directly or indirectly from the public treasury of the state, or from that of any civil division thereof, or by fees or otherwise; and the phrase "public employee" shall be held to include every person not an officer who is paid from any said treasury. § 28. Taxpayer's action. The right of any taxpayer to bring an action to restrain the payment of compensation to any person appointed to or holding any office, place or employment in violation of any of the provisions of this chapter, shall not be limited or denied by reason of the fact that said office, place or emplov- ment shall have been classified as, or determined to be, not subject to com- petitive examination; provided, however, that any judgment or injunction granted or made in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the civil service rules in force at the time of such payments. . - The Village Laws of New Yoek 396a CONSERVATION LAW. , (Chapter 65 of the Consolidated Laws.) ARTICLE 7. River Improvement. ^Section 450. General powers of commission as to river improvements. 451. Petition for river improvement. 452. Determination upon petition for river improvement. 453. Proceedings upon approval of petition for river improvement. 454. Creation of improvement districts. 455. Proceedings *for final order approving petition for river improve- ment. 456. Entry upon lands, structures and waters in proceeding for river improvement. 457. Compensation of owners upon failure to agree in proceeding for river improvement. 458. Warrant for payment of owners upon failure to agree in pro- ceeding for river improvement. ,459. Bonds for river improvement. 460. Proceedings for apportionment of cost of river improvements. 461. Proceedings for assessment and collection of cost of river im- provements. 462. Operation, maintenance and expenses of river improvements and unlawful opening of gates of dam. 463. Duties and qualifications of collectors and other officers. 464. Ratification of proceedings for improvements. 465. State jurisdiction of the improvement of watercourses at private expense. 466. Refund of expenses in certain cases. 467. Limitation of improvements. 1 450. General powers of commission as to river improvements. The commission shall have power, subject to the provisions of this chapter, to make plans, specifications and estimates and to enter into contracts for improvements thereunder and to acquire any necessary lands for the regulation by the state of the flow of streams as provided by this act or as shall be authorized by law. Whenever the commission, pursuant to the powers herein- before conferred upon it by this chapter, takes cognizance of its own motion of any matter to which this article relates, its procedure in the hearing and determination of the questions involved, the letting of contracts for and super- vising of construction, entering upon lands, making compensation to owners, providing moneys therefor, proportioning cost and assessing benefits, shall con- form to the provisions, so far as they can be made to apply, governing the like matters in proceedings begun by petition. * So in original. 396b The Village Laws of New Yoek § 451. Petition for river improvement. An y county, city, town or village located upon any river or watercourse, or~ any person or persons owning lands bordering thereon, may present to th& commission a petition duly verified, setting forth the facts showing that the restricted or unrestricted flow thereof is a menace to the public health and_ safety and that it is necessary to the preservation of the public health and. safety to regulate the same, and praying that the flow of water in such river or watercourse shall be regulated under the following provisions of this article^ "so far as necessary for that purpose. Such petition may be made on behalf of any county by the board of supervisors thereof, on behalf of any town by the supervisor thereof, on behalf of any city by the mayor or board of alder- men thereof, on behalf of any village by the president or board of trustees thereof. § 452. Determination upon petition for river improvement. The commission on receipt of any such petition shall forthwith determine- whether the regulation of the flow of any such river or watercourse is of sufficient importance to the public health or safety to warrant the interference of the state under the provisions of this article, and shall certify its deter- mination thereupon. If it shall determine that the relief prayed for should be granted, it shall at once make or cause to be made such preliminary surveys and investigations as may be proper to determine the causes of the excessive,, restricted or irregular flow in such river or watercourse, the available means to correct the same for the preservation of the public health and safety, and if relief therefrom is in the opinion of the commission practicable, to take- euch other and further action with reference to relieving the same as is here- inafter provided for. § 453. Proceedings upon approval of petition for river improvement. If such commission shall determine that a more beneficial flow of water itt. such river or watercourse can be had by construction of dykes, clearing out or changing the channel, the erection of a dam or dams or other public works. thereon, or upon any tributary thereof, it shall cause to be made preliminary plans and specifications of such proposed improvements, together with a survey of the lands upon which such improvements are to be located, giving the loca- tion thereof, and of all lands to be taken, flowed or damaged thereby with a description by survey or otherwise, or all rights affected thereby and estimates of the total cost thereof. The commission shall also cause a map to be made showing all such lands, the number of acres in each separate tract and the names of the owners and occupant thereof so far as the said commission can. ascertain the same. The commission or the members thereof may enter upon such lands as the commission shall deem necessary for the purpose of doing- such work, either by themselves or by their engineers, agents or servants em- ployed by them for that purpose. The commission shall also prepare a state- ment or list of the counties, towns, cities, villages and individual properties, which in its judgment will be benefited thereby, together with a statement of the proportional share of said total cost which should be borne by the said? counties, towns, cities and villages respectively, and by the individual owners- •of property benefited collectively, expressed in decimals; and in case &ny part. The Village Laws of New York 396e or proportion of the cost of such improvement is not properly assessable upon the counties, towns, cities, villages or individual properties, or any of them, as not in the nature of a local improvement, such part or proportion of the •expense shall be deducted from the total cost before apportioning the same upon the counties, towns, cities, villages, and individual properties as aforesaid,, -and shall be certified by t'he said commission xo the legislature as a state? charge. Such preliminary maps, plans, specifications, estimates and statements, shall thereupon be filed in t'he office of the commission and in the county clerk's office of each county wherein is situated land to be taken or flowed by such proposed improvements and of each county in which any of the aforesaid towns, cities, villages or individual properties benefited are situated. Upon, the completion and filing of such preliminary maps, plans, specifications, esti- mates and statements, the commission shall give notice of t'he filing thereof, and of the time and place where said commission will give a hearing to persons interested therein, by advertising for two successive weeks in two newspapers, published in each county where such improvement is proposed to be made and. in the state paper published at Albany, at which time and place any person interested may appear and make any objection to or suggest any modification, in said plans, maps, and specifications, and said commission shall have power to adjourn said hearing from time to time as justice may require. Thereupon said commission shall determine whether such proposed improvement shall be abandoned or proceeded with and what, if any, modifications should be made in such plans, maps, specifications, estimates and statements and shall make such modifications. If said commission shall determine that said maps should be modified, so as to include territory to be taken or flowed, not included in the maps already filed, then they shall cause modified maps, specifications, estimates and statements to be prepared and filed as hereinbefore provided for said preliminary maps, plans, specifications, estimates and statements, and shall give notice of their completion and filing and of a hearing thereupon, in the manner hereinbefore prescribed for a hearing upon said preliminary maps, plans, specifications, estimates and statements. If said commission shall finally determine that the proposed improvement be made, it shall thereupon make a final order directing the same to be made, and shall cause to be pre- pared final maps and detailed plans, specifications and estimates of the total cost thereof. The commission shall cause the said final order, maps, plans, specifications and estimates or duplicates thereof, certified by them, to b« filed in the office of the county clerk of each county in which lands affected or benefited thereby are located. No such improvement shall be undertaken •under this article pursuant to any such final order, or any other proceedings had thereupon except as hereinbefore provided, until after the said final order shall have been approved by a subsequent act of the legislature, which act shall authorize and direct such improvement to be made. If so approved, the said final order shall become effectual and not otherwise. The commission shall have power to make such minor changes in the said final map, plans and order as the nature of the work may raquire, provided that such changes shall not add to exceed ten per centum to the cost of executing the plans em- braced in such final order as approved by such act of the legislature ; and pro- vided, further, that if any such minor changes shall add more than ten per «entum to the cost of any such improvement, a final order for which has been. 396d The Village Laws of I\ t ew Yobk approved by an act of the legislature, the commission shall publish such fact and shall give a hearing thereon as in the first instance with special reference to such increased cost of improvement, and shall await thereafter a further and final approval by subsequent act of the legislature. § 454. Creation of improvement districts. At any time after such final order shall have been approved by the legis- lature, the commission shall determine what property included in the state- ment or list, as specified in section four hundred and fifty-fehree of this chap- ter, other than counties, towns, cities and villages, is to be benefited by such improvement, and it shall thereupon cause to be made a survey and map show- ing the lands so determined to be benefited and the name of the owner of -each separate parcel so far as practicable, the quantity iu each parcel and the boundary lines thereof, and where a parcel is intersected by a town or county line; the quantity in such parcel on each side of the town or county line; and shall give to each parcel a, corresponding numbeT on said survey and map ; and it shall also cause to be made a brief description or designation sufficient to identify the same, of all other property included in such state- ment or list so determined to be benefited, with the name of the owner thereof so far as practicable. When said survey and map and descriptions are com- pleted a copy thereof with a, certificate of their adoption duly signed by the commission shall be filed in the office of the clerk of each county in which any lands or property so determined to be benefited are situated or exist; and thereafter the commission shall fix a time and place in such county where the owners of said lands and property and other persons interested therein shall have an opportunity to be heard as to the lands and property to be "benefited. Notice of the time and place of such hearing shall be given by the commission by notice published at least once a week for two successive weeks immediately prior to the time of such meeting in at least two newspapers published in such county. After such hearings, which may be adjourned from •time to time by the commission or by any member thereof, the commission may make any change in its determination as to the lands and property to be benefited; in case of any such change the commission shall make a supplemen- tary survey and map and descriptions, in like manner as is hereinbefore pro- vided with reference to the original survey and map and descriptions, showing euch changes, and file in the clerk's office of each county where the lands and properties affected by such changes are situated or exist » copy of such sup- plemental survey and map and descriptions with a, certificate of their adoption duly signed by the commission; and thereupon such original survey and map and descriptions, as modified by such supplemental survey and map and de- scriptions, if any, shall constitute the final determination of the commission as to the lands and property to be benefited by such improvement. Such final determination may be reviewed in like manner as a review is had of a deter- mination of a board of assessors in making an assessment. Such determina- tion as modified upon such review, if any, shall conclusively fix and establish the lands and properties benefited by said improvement, and the same together with the counties, towns, cities and villages included in said statement or list shall constitute an improvement district; and the proportional share of the total cost of such improvement and of the maintenance thereof so appor- The Village Laws of New Toek 396e tioned to the state and the counties, towns, cities and villages as provided in section four hundred and fifty-three of this chapter shall be a charge upon *nd be payable by the state and said counties, towns, cities and villages respectively, and the proportional share thereof collectively charged upon the lands and properties within such improvement district as in this article pro- vided shall be a lien upon all the lands and properties within such improve- ment district and shall be borne by and assessed upon and collected from such lands and properties in the manner hereinafter provided. In case any lands or properties heretofore or hereafter included within an improvement district so fixed and established by the commission shall not for any reason be properly or legally included therein or shall not for any reason be legally liable to assessment and taxation for the cost and expenses of an improvement for which such district has been or shall be so fixed and established, the said lands and properties shall nevertheless constitute and become a part of such improvement district and shall be legally liable to -assessment and taxation for the cost and expenses of such improvement and the maintenance of the same and the bonds and certificates issued therefor .and the interest thereon in all respects as in this chapter provided, upon re- cording in the office of the clerk of the county or counties in which such lands or properties are located an instrument in writing duly executed, acknowledged and delivered to the commission by the owner or owners thereof consenting that the said lands and properties shall constitute a. part of such improve- ment district; and thereupon all the provisions of this article shall apply to ■the improvement or regulation of a. watercourse and its tributaries with re- spect to which such consents shall be so executed and recorded and as to "which the lands and properties referred to in such consents shall constitute the improvement district in whole or in part. Jurisdiction is hereby con- ferred upon the supreme court and the county court of the county in Which any of such lands or properties are located to authorize the execution and delivery to the commission of such consent upon such terms as the court shall approve on behalf of an infant or incompetent owner of such lands or properties in the same manner as provided by law with respect to the sale, mortgage or lease of the real property of an infant or incompetent person. § 455. Proceedings after final order approving petition for river improvement. When any such final order shall have been made and approved as herein- before provided, the commission shall advertise two successive weeks in the state paper and in two newspapers published in the county wherein such work is to be performed, and if in more than one county then in each of such counties, and in such other newspaper as shall be deemed of advantage, for bids or proposals for said work to be made in writing for the construction of such dam or dams, dykes or other works according to such plans and speci- fications. Upon the receipt of the proposals, the commission may enter into a contract or contracts with the lowest responsible bidders for the work to be done, or may reject any or all bids and again advertise for further bids. Before entering into any such contract, a bond with sufficient sureties shall he required, conditioned that the contractor will perform all work within the time prescribed in accordance with the plans and specifications, and will indemnify the state and said commission of and from all liability for damages -occasioned or suffered by reason of the negligence or willful fault of such 396f The Village Laws of New Yobx contractor, his employees or any subcontractor or his employees in doing such work. Partial payments for work actually done may be provided for in the- contracts and paid in the manner hereinafter provided to an amount not to exceed ninety per centum of the contract price. The payments due on account of any such contracts or for any necessary expense or work in connection, therewith in pursuance of this article shall be paid from the river improve- ment fund as hereinafter provided for. § 456. Entry upon lands, structures and waters in proceeding for river im- provement. The commission may enter upon any land, structures and waters necessary for the purposes of this article so far as the same relates to proceedings for the improvement of rivers and watercourses, and may determine that the- right to temporary or perpetual use and occupancy of the property to be taken for the purpose of such improvement is a sufficient title and interest to be acquired therein. If the owner of any property to be taken for such improvement shall agree with the commission upon the sum to be paid there- for, or for the right to use and occupy the same or for any legal damages sustained, such sum shall be paid as hereafter provided as part of the neces- sary expense incurred for the purposes of such improvement. 5 457. Compensation of owners upon failure to agree in proceeding for river improvement. If the commission cannot agree with the owners upon the compensation and legal damages to be paid for the property to be so taken and appro- priated, the commission shall thereupon serve upon such persons a notice that the lands and property described therein have been appropriated by the state for the purposes of this article, and shall proceed to acquire title thereto under the provisions of title one of chapter twenty-three of the code of civil procedure, known as the condemnation law, but service of such notice shall raise no presumption that the lands described therein are private property § 458. Warrant for payment of owners upon failure to agree in proceeding for river improvement When proceedings are taken under the condemnation law as provided in fhe- preceding section the commission shall cause to be filed in the comptroller's office a certified copy of the final order provided in section thirty-three hun- dred and seventy-one of the code of civil procedure, and a certified copy of the judgment therein rendered pursuant to section thirty-three hundred and seventy-three of said code, together with a certificate of the deputy attorney- general assigned to the department that no appeal from Euch final order and judgment has been or will be taken by the state, or if an appeal has been taken, a certified copy of the final judgment of the appellate court affirming- in whole or in part said final judgment. The comptroller shall issue to the- said commission, or such officer as it shall direct, his warrant for fthe pay- ment of the amount due upon such final order and judgment with interest from the date of the judgment until the thirtieth day after the entry of such final order and judgment, and the same shall be paid out of the river- The Village Laws of New Yoke 39Gg improvement fund hereinafter provided for. Such warrant snail be payable to and shall be delivered by the commission or its officers to the owner or owners of said judgment according to the terms thereof. J 459. Bonds for river improvement. To pay the cost of such improvement and all the expenses and liabilities lawfully incurred by the commission under this article in connection there- with and in the maintenance thereof and the certificates authorized by this .article to be issued and the interest thereon the commission is hereby author- ized to issue, in the name of and under the seal of said commission and sub- scribed by the chairman, in behalf of such improvement district, bonds in a sum not exceeding the amount of the estimated total cost of said improvement and ten per centum thereof in addition thereto, but without liability on the part of the commission or any commissioner personally for the payment thereof or of the interest thereon and without liability on the part of the state beyond the proportion of any assessment to be made or certified against the state on account of said improvement. Such bonds, together with interest thereon at a rate not exceeding five per centum, payable semi-annually, shall be payable by their terms by the state, municipality and by assessment and levy of taxes upon the lands and properties in such improvement district according to the proportional share thereof determined as herein provided, and they shall be executed when authorized by the commission and attested by the secretary of the department. Such bonds shall be issued in serial form in amounts to be fixed by the commission; they shall by their terms become due and payable as determined by the commission in not exceeding fifty years from the date of issue, and they shall be exempt from all taxa- tion by the state or by any county, town, city, village or other subdivision of the state. Such bonds shall be sold by the comptroller at not less than par and accrued interest, and the proceeds thereof deposited in a national or state bank either at Albany or in one of the counties in which such improve- ment is made, to be approved by the comptroller and the commission. But before any such deposit is made, flhe comptroller shall require from the de- pository a bond as security for the repayment of same, to be approved by him as to form, condition and sufficiency of sureties, which shall provide for the repayment to the commission upon demand of the moneys so deposited- Moneys received under the provisions of this article for river improvements shall constitute a fund to be known as the river improvement fund, and the portion thereof applicable to each improvement shall be separately kept by the comptroller, and the same are hereby pledged to the payment of the cost and expenses of such improvement and the maintenance thereof, and the bonds to be issued as in this article provided, so far as the same are ap- plicable to such improvement, and the comptroller is authorized and directed to pay therefrom the principal and interest of said bonds as the same mature and become payable by the terms thereof, and the costs and expenses of such improvement and the maintenance thereof upon the order of the commission or its authorized officer. In case the proceeds of the sale of bonds exceed the total amount of the cost and expenses of such improvement, such, excess .shall he applied by the comptroller to the payment of the principal and interest -of such bonds and the maintenance of such improvement. 396h The Village Laws of ]STew Yobk § 460. Proceedings for apportionment of cost of river improvements. The commission shall assess upon the lands and properties in such improve- ment district benefited collectively as determined' under the provisions of tihis- article, the benefit accruing thereto by reason of suoh improvement in the following manner. The commission shall determine, after an investigation thereof, the amount of such benefit received by said lands and properties and shall specify the same in a statement thereof opposite the number of each parcel of land and each designation or description of property corresponding: with the number thereof on said survey and map and descriptions of sudh improvement district with the name of the owner or owners thereof, as the same appear on said map and survey and descriptions; such statement shall be signed by the chairman of the commission and a copy of so much thereof, duly certified by the secretary of the department, shall be filed in the clerk's office of each county as relates to the lands and property included in each county. A copy of such statement shall be served upon the owner or owners- of such lands and properties assessed, together with a notice specifying the time and place in the county where the commission shall sit to hear anjr person interested in or aggrieved by such determination; suoh service shall be made by delivering the same to each of said owners or to any one of several owners or to the tenant of any such lands or properties or by posting the same upon any such lands or properties; such service Shall be made at least fifteen days before such hearing, and said statement and notice shall also be published in at least two newspapers published in the county wherein said, hearing is to be held at least two weeks immediately prior thereto. The affidavit of said service and publication shall be evidence thereof. The com- mission shall sit at the time and place specified in such notice, or at the times and places to which said hearing may be adjourned by the commission, and hear all persons interested in or aggrieved by suoh determination; after such, hearing or hearings the commission may change or modify such determination, in which case it shall specify such change or modification in a statement thereof to be signed and filed in like manner as hereinbefore provided with reference to such original determination. Any person aggrieved by such deter- mination as originally made or as so modified may review the same in like manner as a review is had of the determination of a board of assessors in making an assessment. And such determination, as so modified and as further modified by any final judgment or order made in proceedings to review the same as herein provided, shall be final and conclusive, and the amount of the total cost and expense of such improvement and the maintenance thereof and the bonds and certificates to be issued as in this article provided and the interest thereon, which said several parcels of land and properties are to pay and bear shall be based upon the amount of the benefit accruing to them re- spectively as specified in and in accordance with said determination as so modi- fied as hereinafter provided provided, however, that if any of the properties, in- cluded in such improvement district and in such determination shall cease to exist, so that no part of the tax to be levied thereon as herein provided can be collected against the same, and due proof thereof shall be made to the commission, _ the commission may apply to the supreme court for an order to show cause why such property should not be thereafter omitted from the assessment-roll of the town or city wherein the same is situated, as herein provided; suoh order to show cause shall be served upon the owner or owners The Village Laws of New York 396l of all the properties in such improvement district, so far as the same can he ascertained, in such manner as the court shall direct, and in case the court shall upon the return of said order so direct the said property shall be thereafter omitted from the assessment-roll of said town or city, with th& same force and effect in all respects as if the same had not been included in such improvement district, or in said determination. The commission, shall annually transmit to the board of supervisors of each county in such improvement district a statement of the amount required to be paid by the lands and properties in said county included in such improvement district,, as specified in the determination of the commission, of bonds issued for such improvement maturing during the then ensuing year together with interest thereon, and of the certificates issued by the commission as herein provided remaining unpaid and interest thereon and of the cost of the maintenance of such improvement for such year, which statement shall be approved by the comptroller, and thereupon said board of supervisors shall cause the same to be levied and collected as hereinafter provided. § 461. Proceedings for assessment and collection of cost of river improve- ments. For the purpose of raising money to meet the said bonds and the interest thereon, and to provide for the costs and expenses of such improvement and the maintenance thereof the commission shall annually transmit to the comptroller a statement of the amount of the proportion thereof to be paid by the state during such year, in conformity with the determination of the commission in respect thereto as provided in this article, and such amount shall be by the comptroller paid into the river improvement fund herein mentioned applicable to such improvement out of the moneys of the state appropriated for that purpose; and the commission shall annually transmit to the clerk of the board of supervisors of each county, the clerk of each town, the mayor of each city, and the president o| each village affected by such improvement a statement of the amount of the proportional share thereof to be paid by suoh county, town, city or village respectively, as determined by the commission, and such county, town, city or village shall cause the same to be assessed, levied and collected in the same manner as provided by law with reference to general taxes, and paid to the treasurer of the county, who shall forthwith forward the same, less his legal fees therefor, to the comptroller to be by him paid into the river improvement fund applicable to such improvement; and the commission shall annually transmit to the clerk of the board of supervisors of each county included in such improvement district a statement of the amount of the proportional ishare thereof to be borne by the lands and properties collectively in such improvement district within such county during such year, to be assessed, levied and collected as hereinafter provided. The assessors of each town and city included in such improvement district are hereby required to enter upon a separate page in the annual assessment-roll of such town or city before the delivery thereof to the board of supervisors the description by number corre- sponding with the number thereof on said survey, map and descriptions so filed in the county clerk's office, eaoh parcel of land and each designation or description of property within the county in such improvement district, 39 Gj The Village Laws of JSTew Yoek together with the name of the then owner or owners thereof so far as the same can be ascertained by the assessors, and set opposite such number and description of each separate parcel or property in the columns of said roll for the total assessed valuation of property the amount of benefit by reason of such improvement received by such parcel or property as stated and speci- fied in the determination of the commission as modified by the court if so modified, on file in the office of the clerk of the county. And the board of •upervisors shall each year at the time the annual tax levy is made, levy upon each separate parcel and property in said county within such improve- ment district appearing upon the assessment-rolls of the towns and cities included therein as herein provided such portion of the amount to be paid "by all of the property in said county within such improvement district ap- pearing by the statement of the commission and the comptroller made to said board as in this article provided as the amount so assessed against such parcel or property on said rolls for benefit accruing thereto bears to the aggregate amount so assessed on said rolls against all of said lands and properties, and the said taxes so levied shall be collected in the same manner as general taxes are levied and collected, and shall be a like lien as general taxes until the amount thereof is paid to the general treasurer of the county, superior in force and effect to all other liens except unpaid general taxes; provided, however, that the collection of such tax shall only be enforced by » sale of the land or property assessed. Such taxes when collected shall be paid to the treasurer of said county who shall forthwith pay the same less .^his legal fees to the comptroller who shall pay the same into the river im- provement fund. { 462. Operation, maintenance and expenses of river improvements and unlaw- ful opening of gates of dam. The care, control, operation and maintenance of improvements to rivers and watercourses provided for in this article shall devolve upon the com- mission. The commission shall have power to charge to each such improve- ment undertaken suoh portion of the expenses incurred as he shall determine ratably and equitably, chargeable thereto and to include the same in the apportionment or assessment of the cost and expenses of such improvement. Any person who shall open or close or cause to be opened or closed a gate or gates in any dam constructed under this article so far as the same relates to such improvements or a gate in any head race without the consent of the commission, shall be guilty of a misdemeanor. § 463. Duties and qualifications of collectors and other officers. It shall be the duty of each collector and other official to whom is delegated the performance of any service under the provisions of this article to faith- fully perform the same, and the collector of each town and the treasurer or collecting officer of each city whose duty it shall be to collect assessments as herein provided shall before entering upon the discharge of his duties exe- cute to the people of the state an undertaking with two or more sureties in the penal sum of twice the amount to be collected by him, and such under- taking shall be approved and filed in the same manner and with the same force and effect as provided by law with reference to an undertaking for the The Village Laws of New Yoek 396k ■collection of general taxes, and shall provide that he will well and faith- fully perform his duty as collector and will pay over to the treasurer of his county and fully account for all moneys received by him under the provisions of this article within the same time as provided by law with reference to .general taxes. And such collecting officer shall be entitled to receive the same compensation as fixed by law for the collection of general taxes. And each county treasurer whose duty it shall be to receive any assessments or moneys as herein provided shall, before entering upon the discharge of his duties, execute to the people of the state an undertaking in such amount and with such sureties as shall be required by the comptroller, conditioned that ihe will forthwith pay over to the comptroller upon the receipt thereof by 'him and account for all moneys which shall come into his hands under the provisions of this article and will well and faithfully perform all the duties required of him thereunder. § 464. Ratification of proceedings for improvements. All proceedings heretofore taken under the provisions of chapter seven hundred and thirty-four of the laws of nineteen hundred and four, and the acts amendatory thereof and supplemental thereto are hereby legalized, rati- fied and confirmed; but this- provision shall not be deemed to dispense with the submission to and approval by the legislature of, specific orders, hereto- fore made by the state water supply commission, for river improvements, pursuant to any requirement of article two of the state boards and com- missions law, nor shall the repeal, by this chapter, or any section of such law be deemed to affect such requirement. | 465. State jurisdiction of the improvement of watercourses at private ex- pense. The board of trustees of any village may present to the commission a petition requesting it to assume jurisdiction of the construction of a pro- posed improvement to a watercourse adjacent to or in the vicinity of such village. Such petition shall state the location of such watercourses, the character of the proposed improvement, the estimated cost thereof, shall set forth the fact that unless such improvement is made such watercourse is a menace to the public health and safety of the inhabitants of such village, and shall request that the commission assume jurisdiction of the construc- tion of such improvement, as provided by this section. The petition must also state that if the commission assumes jurisdiction of such improvement the money needed therefor will be deposited to the order of the commission in a national bank to be designated by it. The petition shall be accompanied Tjy a plan for such improvement, together with an estimate of the cost thereof, prepared by a competent engineer. Upon the receipt of such petition, the commission shall forthwith cause an investigation to be made and shall determine whether the proposed improvement is of sufficient importance to -the public health or safety to warrant the commission in assuming jurisdic- tion. If it shall determine in the affirmative, the commission shall cause to foe made an estimate of the cost thereof, and upon the deposit of money in an amount equal to such estimated cost, the commission shall cause such improvement to be made substantially in accordance with the plan proposed 3961 The Village Laws of New York by the petition. If such improvement involves the acquisition of land oi~ water rights the commission may acquire the same by condemnation, if unable^ to agree upon a purchase price, and shall pay the expenses of proceedings- and the awards therein out of the money deposited to its credit. If the improvement consists of the construction or improvement of a dam, the petition may state the levels at which it is proposed to maintain the water stored by such dam, and if the commission accepts jurisdiction of the con- struction of such improvement in accordance with this section, it shall cause the water stored by such dam to be maintained at the level specified in such petition. § 466. Refund of expenses in certain cases. If subsequent to the construction of such improvement at private expense^ as "provided by the preceding section, the state shall improve such water- course, pursuant to the provisions of this article, and if the dam or other structure so comstructed or improved at private expense would naturally constitute a part of the plan of the improvement of such watercourse by the state, and shall take possession of such improvement and of the dam and other structures and property appurtenant thereto, the person by whom the money to make such improvement was contributed may present a claim therefor to the court of claims. Jurisdiction is hereby conferred upon the- court of claims to hear such claims, and if the court shall determine that the improvement was paid for by the claimants and would have naturally constituted » part of the improvement of such watercourse by the state if such improvement had not already been made at private expense and that claimant has suffered legal damages by the act of the state, the court shall award to such claimants the amount of money contributed by them towari such expense not exceeding the actual value of the improvements, and the amounts of such awards shall be payable from the money appropriated for the greater improvement of which such improvement would naturally con- stitute a part. § 467. Limitation of improvements. No final order shall be made in any proceeding conducted exclusively under- the provisions of this aritcle when such proceeding and the plans and im- provements thereunder shall involve the construction of any dam or dams, the storage of water by which shall result in substantially increasing tiift- hydraulic power upon lands located below such dam or dams. The Village Laws of New Yoke: 396m ARTICLE 8. Drainage. Section 480. Powers and duties of the commission as to the drainage of land. 481. Petition for drainage improvements. 482. Determination upon petition for drainage improvements. 483. Proceedings upon approval of petition for drainage improve- ments. 484. Creation of drainage improvement districts. 485. Proceedings after final order approving petition for drainage im- provements. 486. Entry upon lands, structures and waters in proceedings for drainage improvements. i 487. Compensation of owners upon failure to agree in proceeding for drainage improvements. 488. Warrant for payment of owners upon failure to agree in pro- ceeding for drainage improvements. 489. Bonds for drainage improvements. 490. Application of certain provisions of this chapter, relating to assessments and their collection. 491. Operation, maintenance and expenses of drainage improvements. § 480. Powers and duties of the commission as to the drainage of land. In addition to the other powers and duties of the commission conferred or imposed on said commission by this chapter, it shall possess the powers and exercise the duties hereinafter prescribed in respect to the drainage of lands. Whenever, of its own motion or upon the application of any person or corporation, municipal or otherwise, the commission shall determine after a hearing and investigation t'hat any swamp, bog, pond, meadow or other low or wet lands within the state should be drained, or the condition thereof as affected by water improved, for the purpose of the conservation of either the public health or the public safety or the public welfare, or all or any of them, by means of t'he construction and operation of » ditch or ditches, pipe or other channel or channels or dams, dykes, gates and sluices or the improvement of an existing channel or channels, or by other construction, it shall have jurisdiction in the premises. Whenever the commission of its own motion takes cognizance of any of said matters, its procedure in the hearing and determination of the question involved, the letting of contracts for and supervising the construction, entering upon lands, making compensa- tion to owners providing moneys therefor, apportioning cost and assessing benefits shall conform to the provisions, so far as they can be made to apply, governing the like matters in proceedings begun by petition. | 481. Petition for drainage improvements. Any county, city, town or village in which is located, or any person or persons possessing, a swamp, bog, pond, meadow or other low or wet lands, or any person or persons in the vicinity thereof, may present to the com- 396n The Village Laws of New Yoek mission a petition duly verified, setting forth the facts showing tihat the swamp, bog, pond, meadow or other low or wet lands, is a menace to the public health or safety or welfare and that it is necessary to the conserva- tion of the public health or safety, or the conservation of the public welfare, to drain or improve the same, and praying that the same be drained and improved and that a ditch or ditches, pipe or other channel or channels, or dams, dykes, gates and sluices be constructed and operated, or that an exist- ing channel or channels be improved, or that other works be constructed, through or upon the same or through or upon the lands of others, under the provisions of this article, so far as necessary for any or all of such purposes. Such petition may be made on behalf of any county by the board of super- visors thereof, on behalf of any town by the supervisor thereof, on behalf of any city by the mayor or board of aldermen thereof, on behalf of any village by the president or board of trustees thereof. % 482. Determination upon petition for drainage improvements. Such commission on receipt of any such petition shall forthwith deter- mine whether the draining and improving of said lands and the construction and operation of a ditch or ditches, pipe or other channel or channels, dams, dykes, gates and sluices, or the improvement of an existing channel or channels, or the construction of other works, is of sufficient importance to the public health or safety, or sufficiently conducive to public welfare, to warrant the interference of the state under the provisions of this article, and shall certify its determination thereupon. If it shall determine that the relief prayed for should be granted, such commission shall at once make or cause to be made such preliminary surveys and investigations as may be proper to determine the available means to correct tihe said conditions for the conservation of the public health and safety, or for the conservation of public welfare, and if relief therefrom is in the opinion of the commission practicable, to take such other and further action with reference to relieving the same as is hereinafter provided for. § 483. Proceedings upon approval of petition for drainage improvements. If such commission shall determine and certify that the relief prayed for should be granted, it shall cause to be made preliminary plans and specifica- tions of such proposed improvements, together with a survey of the lands upon which such improvemeats are to be located, giving the location thereof, and of all lands to be taken, or on or over which an easement is to be taken, and of all lands to be damaged thereby, with a description, by survey or otherwise, of all property and rights affected thereby, and estimates of the total cost thereof. The commission shall also cause a map to be made show- ing all such lands, the number of acres in each separate tract and the name3 of the owners and occupants thereof so far as the said commission can ascer- tain the same. The commission or the members thereof may enter upon such lands as the commission shall deem necessary for the purpose of doing such work, either by themselves or by their engineers, agents or servants em- ployed by them for that purpose. The commission shall also prepare a state- ment or list of the counties, towns, cities, villages and individual properties which in its judgment will be benefited thereby, together with a statement The Village Laws of New Yokk 396o of the proportional share of said total cost which should be borne by the said counties, towns, cities and villages, respectively, and by the individual owners of property benefited collectively, expressed in decimals; and in case any part or proportion of the cost of such improvement is not properly assessable upon the counties, towns, cities, villages or individual properties, or any of them, as not in the nature of a local improvement, such part or proportion of the expense shall be deducted from the total cost before ap- portioning the same upon the counties, towns, cities, villages and individual properties as aforesaid, and shall be certified by the said commission to the legislature as a state charge. Said preliminary maps, plans, specifications, estimates and statements shall thereupon be filed in the office of the com- mission and of the county clerk of each county wherein is situated land or easements to be taken for such proposed improvements and of each county in which any of the aforesaid towns, cities, villages or individual properties, benefited are situated. Upon the completion and filing of such preliminary maps, plans, specifications, estimates and statements, the commission shall give notice of the filing thereof, and of the time and place where said com- mission will give a hearing to persons interested therein, by advertising for two successive weeks in two newspapers published in each county where such improvement is proposed to be made, and in the state paper published at Albany, at which time and place any person interested may appear and make any objection to or suggest any modifications in said plans, maps and speci- fications, and said commission shall have power to adjourn said hearing from time to time as justice may require. Thereupon said commission shall de- termine whether such proposed improvement shall be abandoned or pro- ceeded with, and what, if any, modifications should be made in said plans, maps, specifications, estimates and statements and shall make such modifi- cations. If said commission shall determine that said maps should be modi- fied so as to include the maps and statements already filed, then they shall cause modified maps, specifications, estimates and statements to be prepared and filed as hereinbefore provided, for said preliminary maps, plans, specifi- cations, estimates and statements, and shall give notice of their completion and filing and of a hearing thereupon, in the manner hereinbefore prescribed for a hearing upon said preliminary maps, plans, specifications, estimates and statements. If said commission shall finally determine that the pro- posed improvement be made, it shall thereupon make a final order directing the same to be made, and shall cause to be prepared a final map and detailed plans, specifications and estimates of the total cost thereof. The commis- sion shall cause the said final order, maps, plans, specifications and esti- mates, or duplicates thereof, certified by them, to be filed in the office of the county clerk of each county in which lands affected or benefited thereby are located. No such improvement shall be undertaken under this article pur- suant to any such final order, or any other proceedings had thereon except as hereinbefore provided, until said final order shall have been approved by the governor. If so approved, the said final order shall become effectual and not otherwise. The commission shall have power to make such minor changes in the said final map, plans and order as the nature of the work may re- quire, provided that such changes shall not add to exceed ten per centum to the cost of executing the plans embraced in such final order as approved 396p The Village Laws of New Yoke by sueh act of the legislature; and provided, further, that if any such minor changes shall add more than ten per centum to the cost of any such im- provement, a final order for which has been approved by the governor, the commission shall publish such fact and shall give a hearing thereon as in the first instance with special reference to sueh increased cost of improve- ment, and shall await thereafter a further and final approval by the governor. § 484. Creation of drainage improvement districts. At any time after such final order shall have been approved by the governor the commission shall determine what property included in the statement or list as specified in section four hundred and eighty-three of this chapter, other than counties, towns, cities and villages, is to be benefited by such im- provement, and it shall thereupon cause to be made a survey and map show- ing the lands so determined to be benefited and the name of the owner of each separate parcel so far as practicable, the quantity in each parcel and the boundary lines thereof and where a parcel is intersected by a town or county line the quantity in such parcel on each side of the town or county line; and shall give to each parcel a corresponding number on said survey and map; and it shall also cause to be made a brief description or designa- tion sufficient to identify the same, of all other property included in such statement or list so determined to be benefited, with the name of the owner -thereof so far as practicable. When said survey and map and descriptions are completed a copy thereof with a certificate of their adoption duly signed by the commission shall be filed in the office of the clerk of each county in which any lands or property so determined to be benefited are situated or exist; and thereafter the commission shall fix a time and place in such county where the owners of said lands and property and other persons interested "therein shall have an opportunity to be heard as to the lands and property to be benefited. Notice of the time and place of such hearing shall be given by the commission by notice published at least once a week for two successive weeks immediately prior to the time of such meeting in at least two newspapers published in such county. After such hearings, which may be adjourned from time to time by the com- mission or by any member thereof, the commission may make any change in its determination as to the lands and property to be benefited; in case of any such change the commission shall make a supplementary survey and map and descriptions, in like manner as is hereinbefore provided with reference to the original survey and map and descriptions, showing such changes, and file in the clerk's office of each county where the lands and property affected by such changes are situated or exist a copy of such supplemental survey and map and descriptions with a certificate of their adoption duly signed by the commission; and thereupon such original survey and map and descriptions, as modified by such supplemental survey and map and descriptions, if any, shall constitute the final determination of the commission as to the lands and property to be benefited by such improvement. Such final determination may be reviewed in like manner as a review is had of a determination of a board of assessors in making an assessment. Such determination as modified upon such review, if any, shall conclusively fix and establish the lands and properties benefited by said improvement, and the same together with the counties, towns, cities and villages included in said statement or list shalL The Village Laws of New York 396q constitute an improvement district; and the proportional share of the total •cost of such improvement and of the maintenance thereof so apportioned to the state and the counties, towns, cities and villages as provided in section four hundred and eighty-three of this chapter shall be a charge upon and be payable by the state and said counties, towns, cities and villages respectively, and the proportional share thereof collectively charged upon the lands and properties within such improvement district as in this act provided shall be a lien upon all the lands and properties within such improvement district and shall be borne by and assessed and levied upon and collected from such lands and properties in the manner hereinafter provided. In case any lands or properties heretofore or hereafter included within an improvement district so fixed and established by the commission shall not for any reason by properly or legally included therein or shall not for any reason be legally liable to assessment and taxation for the cost and expenses -of an improvement for which such district has been or shall be so fixed and established, the said lands and properties shall nevertheless constitute and become a part of such improvement district and shall be legally liable to assessment and taxation for the cost and expenses of such improvement and the maintenance of the same and the bonds and certificates issued therefor and the interest thereon in all respects as in this chapter provided, upon recording in the office of the clerk of the county or counties in which such lands or properties are located an instrument in writing duly executed, acknowledged and delivered to the commission by the owner or owners thereof consenting that the said lands and properties shall constitute a part of such improvement district; and thereupon all the provisions of this article shall apply to the drainage or improvement of said lands with respect to which such consents shall be so executed and recorded and as to which the lands and properties referred to in such consents shall constitute the im- provement district in whole or in part. Jurisdiction is hereby conferred upon the supreme court and the county court of the county in which any of such lands or properties are located to authorize the execution and delivery to the commission of such consent upon such terms as the court shall approve on behalf of an infant or incompetent owner of such lands or properties in the same manner as provided by law with respect to the sale, mortgage or lease of the real property or an infant or incompetent person. § 485. Proceedings after final order approving petition for drainage improve- ments. When any such final order shall have been made and approved by the governor, such commission shall advertise two successive weeks in the state paper and in two newspapers published in the county wherein such work is to be performed, and if in more than one county then in each of such counties, and in such other newspaper as shall be deemed of advantage, for bids or proposals for said work to be made in writing for the construction of the necessary drains, ditches, pipes, channels, dams, dikes, gates, sluices or other improvements according to such plans and specifications. Upon the receipt of the proposals, such commission may enter into a contract or contracts with the lowest responsible bidders for the work to be done, or may reject any or all bids and again advertise for further bids. Before entering into 396r The Village Laws of Xew Yobk any such contract, a bond with sufficient sureties shall be required, con- ditioned that the contractor will perform all work within the time preacribecL in accordance with the plans and specifications, and will indemnitfy the state and said commission of and from all liability for damages occasioned or suffered by reason of the negligence or willful fault of such contractor, his employees or any sub-contractor or his employees in doing such work. Partial payments for work actually done may be provided for in the contracts and paid in the manner hereinafter provided to an amount not to exceed ninety per centum of the contract price. The payments due on account of any such contracts or for any necessary expense or work in connection therewith shall be paid from the drainage fund as hereinafter provided for. § 486. Entry upon lands, structures and waters in proceeding for drainage improvements. The commission may enter upon any land, structures and waters necessary for the purposes of this article arid may determine that the right to tempor- ary or perpetual use and occupancy of the property to be taken for the pur- pose of such improvement is a sufficient title and interest to be acquired, therein. If the owner of any property to be taken, or on or over which an easement is to be taken, for such improvement shall agree with said com- mission upon the sum to be paid therefor, or for the right to use and occupy the same, or for any damages sustained, such sum shall be paid as hereinafter provided as part of the necessary expense incurred for the purpose of such improvement. § 487. Compensation of owners upon failure to agree in proceeding for drain- age improvement. If the commission cannot agree with the owners upon the compensation and . damages to be paid for the property or easement to be so taken and appro- priated the commission shall' thereupon serve upon such persons a notice that- the lands, easement or other property described therein have been appropriated by the state for the purposes of this article and shall proceed to acquire title thereto under the provisions of title one of chapter twenty-three of the code of civil procedure, known as the condemnation law. § 488. Warrant for payment of owners upon failure to agree in proceeding for drainage improvement. When proceedings are taken under the condemnation law as provided in the preceding section the commission shall file in the comptroller's office a certi- fied copy of the final order provided for in section thirty-three hundred and seventy-one of the code of civil procedure, and a certified copy of the judg- ment therein rendered pursuant to section thirty-three hundred and seventy- three of said code, together with a certificate of the deputy attorney-general assigned to the department that no appeal from such final order and judg- ment has been or will be taken by the state, or if an appeal has been taken, a certified copy of the final judgment of the appellate court affirming in whole or in part said final judgment. The comptroller shall issue to the said com- mission, or such officer thereof as it shall direct, his warrant for the payment of the amount due upon such final order and judgment with interest from the The Village Laws of New Yoek 396s date of the judgment until the thirtieth day after the entry of such final order and judgment, and the same shall be paid out of the drainage fund here- inafter provided for. Such warrant shall be payable to and shall be deliv- ered by the commission or its officers to the owner or owners of said judg- ment according to the terms thereof. § 489. Bonds for drainage improvements. To pay the cost of any such improvement and all the expenses and liabili- ties lawfully incurred by the commission under this article in connection, therewith and the maintenance thereof and the interest thereon the com- mission is hereby authorized to issue, in the name of and under the seal of said commission, in behalf of such improvement district, bonds in a sum not exceeding the amount of the estimated total cost of said improvement and ten per centum thereof in addition thereto, unless the governor shall under the provisions of section four hundred and eighty-three of this chapter au- thorize the expenditure of an additional amount in excess of ten per centum of the amount of said estimated cost by a further final order as therein provided, in which case such bonds may be issued for such additional amount, but the issuance of such bonds shall be without liability on the part of the commission or any commissioner personally for the payment thereof or of the interest thereon and without liability on the part of the state beyond the proportion of any assessment to be made or certified against the state on account of said improvement. Such bonds, together with interest thereon at a rate not exceeding five per centum, payable semi-annually, shall be payable by their terms by the state, municipality and by assessment and levy of taxes upon the lands and properties in such improvement district according to the proportional share thereof determined as herein provided, and they shall be executed when authorized by the commission by the president of the commission and attested by the secretary thereof. Such bonds shall be issued in serial form in amounts to be fixed by the commission; they shall by their terms become due and payable as determined by the commission in not ex- ceeding fifty years from the date of issue, and they shall be exempt from all taxation by the state or by any county, town, city, village or other sub- division of the state, and shall be a legal investment for savings banks, trust companies, executors and trustees. Such bonds shall be sold by the comp- troller at not less than par and accrued interest, and the proceeds thereof deposited in a national or state bank or trust company either at Albany or in one of the counties in which such improvement is made, to be approved by the comptroller and the president of the commission. But before any such deposit is made, the comptroller shall require from the depository a bond as security for the repayment of the same, to be approved by him as to form, condition and sufficiency of sureties, which shall provide for the repayment to the commission upon demand of the moneys so deposited. Moneys re- ceived under the provisions of this article shall constitute a fund to be known as the drainage fund, and the portion thereof applicable to each improve- ment shall be separately kept by the comptroller, and the same are hereby pledged to the payment of the cost and expenses of such improvement and the maintenance thereof, and the bonds to be issued as in this article provided, so far as the same are applicable to such improvement, and the comptroller is authorized and directed to pay therefrom the principal and interest of said ■396t The Village Laws of Kew Yoke: bonds as the same mature and become payable by the terms thereof, and the costs and expenses of such improvement and the maintenance thereof upon the order of the commission or the authorised officer thereof. In case the proceeds of the sale of bonds exceed the total amount of the cost and expenses of such improvement, such excess shall be applied by the comp- ptroller to the payment of the principal and interest of such bonds and the maintenance of such improvement. § 490. Application of certain provisions of this chapter, relating to assess- ments and their collection. The provisions of sections four hundred and sixty and four hundred and sixty-one and all of the powers, duties and proceedings therein provided for, shall apply to improvements made under this article, with the same force and effect as if such improvements were river improvements, except that the references in section four hundred and sixty-one to the river improve- ment fund shall, in proceedings which relate to improvements under this article, be deemed to refer to the drainage fund, and the provisions of section four hundred and sixty-three, and the powers, duties and proceedings therein provided for, shall also apply to assessments under this article. § 491. Operation, maintenance and expenses of drainage improvements. The care, control, operation and maintenance of improvements provided for in this article shall devolve upon the commission. This commission shall have power to charge to each such improvement undertaken by it such por- tion of the expenses so incurred as it shall determine ratably and equitably is chargeable thereto and to include the same in the apportionment or assess- ment of the cost and expenses of such improvement. Any person who shall open or close or cause to be opened or closed a gate or gates, or otherwise interfere with any dam, dike, ditch, pipe, sluice or channel constructed or improved under this article, without the consent of the commission or an officer thereof, shall be guilty of a misdemeanor. 'The Village Laws of New York 396u ARTICLE 9. Water Supply. Section 520. General powers of commission in relation to water supply. 521. Municipal corporations must submit maps and profiles of new or additional sources of water supply. 522. Petition for approval of plans for water supply and proceedings thereupon. 523. Approval of work. 524. Water supply to be used in other states. 525. Sewage disposal as affecting potable waters. § 520. General powers of commission in relation to water supply. The commission shall have the powers and perform the duties in relation to the supply of potable waters for the various municipalities, civil divisions and inhabitans of the state, set forth in this article, and as may be further provided by law. § 521. Municipal corporations must submit maps and profiles of new or addi- tional sources of water supply. No municipal corporation or other civil division of the state, and no board, ■commission or other body of or for any such municipal corporation or other civil division of the state shall, nor shall any person or waterworks corpora- tion engaged in supplying or proposing to supply the inhabitants of any municipal corporation or other civil division of the state with water, after this chapter takes effect, have any power to acquire, or to take a water supply or an additional water supply, or to take or condemn lands for any new or additional sources of water supply, until such person, corporation or civil division has first submitted the maps, plans, and profiles therefor to the ■commission of conservation, as hereinafter provided, and until said com- mission shall have approved the same or approved the same with such modifi- cations as it may determine to be necessary as hereafter provided. Approval -shall not be necessary of any plans heretofore approved by the state water supply commission, or of any plans or works for a new or additional water -supply or filtration plant authorized in pursuance thereof or in connection -therewith, or of any plans or work for the extension of supply or distributing mains or pipes of a municipal water supply plant into and for the purpose -of supplying water in any territory within the limits of the municipality owning such plant, including territory which has not been heretofore supplied with water by such plant. § 522. Petition for approval of plans for water supply and proceedings there- upon. Any municipal corporation or other civil division of the state, or any person, or waterworks corporation, may make application by petition in writing to the commission for the approval of its maps, plans and profiles of such new 396v The Village Laws of New Yoek or additional water supply or for such new or additional source or sources of water supply. Such application shall be accompanied by an exhibit of naps of the lands to be acquired and profiles thereof showing the sites and areas of the proposed reservoirs, a plan of the other works proposed to be: constructed, the profiles of the aqueduct lines and the flow lines of the water when impounded, maps, plans and surveys and abstracts of official reports- relating to the same, showing the need for a particular source or sources of supply and the reasons therefor, the plan proposed for protecting the new supply and watershed from contamination, or the proposed plan for filtering such new supply, and such application shall be accompanied by a plan or scheme to determine and provide for the payment of the proper compensa- tion for any and all legal damages to persons or property, whether direct or indirect, which will result from the acquiring of said lands and the execution of said plans. Such petition shall also be accompanied by such proof as to the character and purity of the water supply proposed to be acquired as the? commission shall require. If such petition is made by a person or water- works corporation, it shall be accompanied by an undertaking in such amount and with such sureties as the commission shall determine, that such person or waterworks corporation will pay the expenses of the hearing and deter- mination as hereinafter provided. Said commission shall thereupon cause public notice to be given that on a day therein named it will hold a public^ hearing at the office of the commission in the city of Albany, or at such other place as it may particularly specify in said notice, for the purpose of hearing- all persons, municipal corporations or other civil divisions of the state that may be affected thereby. Such notice shall be published in such newspapers and for such length of time, not exceeding four weeks, as the commission shall determine. At any time prior to the day specified in such notice any person or municipal corporation or the proper authorities of any civil division of the state may file in the office of the commission at Albany objections to" the project proposed by such application. Every objection so filed shall par- ticularly specify the ground thereof. Said commission shall, upon the day specified in said notice, or upon such subsequent day or days to which it may adjourn the hearing, proceed to examine the said maps and profiles and to hear the proofs and arguments submitted in support of and in opposition to the proposed project, but no person, municipal corporation or local au- thorities shall be heard in opposition thereto except on objections filed as authorized by this section. The commission shall determine whether the plans proposed are justified by public necessity, whether they provide for the proper and safe construction of all work connected therewith, whether they provide for the proper protection of the supply and the watershed from con- tamination or provide for the proper filtration of such additional supply, and whether such plans are just and equitable to the other municipalities and civil divisions of the state affected thereby and to the inhabitants thereof, particular consideration being given to their present and future necessities for sources of water supply, and whether said plans make fair and equitable provisions for the determination and payment of any and all legal damages to persons and property, both direct and indirect, which will result from the execution of said plans or the acquiring of said lands. The commission shall "within ninety days after the final hearing and with all convenient speed The Village Laws of New Yoke 396w; either approve such appli — *in the application, maps and plans submitted as it may determine *eation, maps and plans as presented or with such modifi- cations to be necessary to protect the water supply and the interests of the applicant or of the inhabitants of the territory supplied by it with water, or the water supply and interests of any other municipal corporation, or •other civil division of the state, or the inhabitants thereof, or the water supply and interests of any other person or waterworks corporation, en- gaged in supplying watej to any other municipal corporation or other civil ■division of the state or the inhabitants thereof; or to bring into co-operation all municipal corporations, or other civil divisions of the state, which may be affected thereby; or to make just and equitable the submitted plan or scheme to determine and provide for the payment of the proper compensation for any and all legal damages to persons or property, whether direct or in- direct, which will result from the acquiring of said lands and the execution of said plans, or to make safe all dams or reservoirs to be constructed by said plans; or it may reject the application entirely or permit another to be filed in lieu thereof, but it shall, however, make » reasonable effort to meet the needs of the applicant, with due regard to the actual or prospective needs and interests of all other municipal corporations and civil divisions of the state affected thereby and the inhabitants thereof. Whenever the commis- sion shall make » decision on any application submitted to it, it shall state the same in writing and, if it approves, shall cause the same to be signed and the official seal of the commission affixed thereto and file the same, together with #11 plans, maps, surveys and other papers or records relating thereto in its office. The decision of the commission and its action on any application may be reviewed by certiorari proceedings. The expense of any such hearing and determination by the commission shall be certified by said commission to the person, waterworks corporation, municipal corporation or other civil division of the state making such application and shall be paid by said applicant within thirty days thereafter upon the certificate of the com- mission to the persons entitled thereto. § 523. Approval of work. No new water supply system, built in accordance with plans hereafter ap- proved by the commission, shall be operated until the work has been approved by it. § 524. Water supply to be used in other states. No waters of this state shall be diverted without the state. No person or •orporation shall transport or carry through pipes, conduits, ditches or canals the waters of any fresh water lake, pond, brook, river, stream or creek in this state or any well, subsurface or percolating waters of this state into any •other state for use therein except where the consent in writing of the con- servation commission has been obtained. The conservation commission shall -enforce the provisions of this section, and the supreme court may upon the application of the commission prevent such diversion or transportation by injunction. Amended by L. 1913, ch. 469. In effect May 9, 1913. *So in the original. 396x The Village Laws of New Toek § 525. Sewage disposal as affecting potable waters. The commission shall report the present disposition of sewage of each, municipal corporation and other civil division of the state, and, if necessary, of adjoining states, with special reference to said disposition affecting the various municipal corporations and other civil divisions of the state in re- lation to the water supply of this state. Said commission shall also report- the advisiability of, the time required for, and the expenses incident to the construction of a state system of water supply and for a state system for the disposition of sewage, if necessary, for all or any of the municipal cor- porations and other civil divisions of this state, and make such recommenda- tions connected with the subjects of said investigations herein provided for as said commission shall determine. In said investigation concerning either the water supply or disposition of sewage, said commission shall, so far as possible, make use of all reports and surveys in regard thereto which have- heretofore been made. Wherever, by any provision of law, the consent or approval of any state board, officer or commission is required for the con- struction of any sewage system or sewage disposal works, the further ap- proval thereof by the conservation commission shall be required. Amended by L. 1913, ch. 469. In effect May 9, 1913. (Article added by L. 1913, ch. 233. In effect Apr. 8, 1913.) The Village Laws of New Yoke 396y ARTICLE 9-A. Union Water Districts. Section 530. Union water districts; formation. 531. Petition to conservation commission; hearing. 532. Submission of proposition. 533. Acquiring of lands. 534. Letting of contracts; construction work. 535. Maintenance and operation of works. 536. Cost and expenses. 537. When other municipalities may participate; regulations. 538. Sale of water by commission. 539. Definitions. I 53°- Union water districts; formation. Any number of municipalities, including water districts, within continguous counties may join in the formation of a union water district, and three or more such municipalities may meet and confer for that purpose. The sub- ject for consideration at any such meeting shall be the proposition that the municipalities thus conferring shall join in the formation of a, union water district. Municipalities not represented at the first meeting may participate in adjourned meetings and each municipality represented at any such meet- ing shall have one vote, which shall be cast by the chief executive officer thereof. The officers so attending shall choose a chairman, who shall pre- side over the meeting and a clerk whose duty it shall be to keep minutes of the proceedings. Whenever ten or more municipalities so attending shall vote in the affirmative on said proposition, those so voting shall thereupon- become a union water district, except that if less than ten municipalities shall vote in the affirmative, they shall become a union water district pro- vided they shall have a combined population of at least twenty-five thou- sand inhabitants, according to the last preceding federal census or state- enumeration, and the census or enumeration last taken shall control. When- ever such meeting shall result in the formation of a union water district, a report in writing of such meeting shall be made and subscribed by the chair- man and the clerk of the meeting, and such report shall set forth the attend- ance at such meeting, the vote taken, and the name adopted for such dis- trict, which shall consist of one word to precede the words "union water district" and shall not be a name previously adopted by any other such district, and the same shall, within five days after such meeting, be filed in the office of the clerk of each county wherein any municipality becoming a member of such union water district shall be situated. There shall be a board, to be known as the trustees of such union water district, consisting of the chief executive officer of each municipality becom- ing a member thereof. A majority of all the members of such board of trus- tees shall constitute a quorum for the transaction of business, and they shall choose one of their number chairman, whose duty it shall be to preside at meetings of the board, and they shall choose a clerk, whose duty it shall be 396z The Village Laws or ISTew York to keep the records of its proceedings. Within ten days after the filing of such a report in the offices of the county clerks, the said trustees shall meet and each shall take and file with the said clerk the constitutional oath of •office. The said board of trustees shall have power and it shall be their duty -to adopt by-laws and rules to govern the conduct of its business. Meetings, in addition to any meetings otherwise provided for in this article, may be called by at least three trustees who shall file said call with the clerk, and it shall be the duty of the clerk to give written notice of such meeting by mail to each member at least two days prior to the time fixed therefor, stat- ing in such notice the time and place of the meeting. All meetings shall be held at a convenient place within one of said municipalities. § 531. Petition to conservation commission; hearing. The board of trustees of such union water district may apply in writing "to the conservation commission to investigate the proposition and to cause svirveys, maps, plans and estimates to be made and such further or other information supplied as may be deemed advisable by the conservation com- mission to be made. Such petition shall set forth the formation of such "union water district and state ths population thereof determined in the manner hereinbefore specified, and shall contain an estimate of the probable population of each municipality at the end of ten years next succeeding and an estimate of the consumption of water per capita per diem which such municipality will require, and a statement in detail of all water supplies and works then owned by any such municipality and of the water works of any water works company or of any person supplying water to them or any of them and such other matters, if any, as may be prescribed by the rules and regulations of the commission. The petition shall also state at ■what location or point in or for each municipality it is desired to have water supplied by works to be constructed. Upon the receipt of such petition, the conservation commission may in its ■discretion, and if it has funds available for such purpose, cause preliminary investigations, surveys, maps and plans to be prepared under direction of the chief engineer of said commission. If the commission thereupon finds "that the physical conditions are unfavorable for the acquisition of a water supply and the construction of works for the supply of such union water district, or that the same would be excessively expensive, it shall so report, and in that case may in its discretion decline to take further action on such petition. If the commission shall deem it advisable so to do, it may make final investigations of the proposition and cause final surveys, plans, esti- mates of cost and specifications to be made and take any other steps in- cidental thereto. Upon completion thereof the commission shall furnish the "board of trustees of said union water district with copies of its report "therein. Thereupon the commission shall set a time and place for a public hearing upon the petition and on such report and shall hear allegations and proofs for or against the same and after such hearing the commission shall determine whether an adequate supply of pure and wholesome water is obtainable at reasonable cost for serving all the municipalities within such union water district. In making such determination the commission shall consider the present and future necessities of municipalities and the inhabi- The Village Laws of New Yoek 396aa tants thereof not parties to the petition but whose sources of water supply; might be affected or impaired by the project under consideration. The de- termination so arrived at shall be reported by the commission to each Buch. municipality. The purpose of such project shall be to supply water to central distribut- ing points for each municipality. All reservoirs, stand pipes, mains, pipes, valves, hydrants and appurtenances for the storage and distribution of water from such central points to consumers shall be such as may have been here- tofore or may be hereafter constructed by or for each municipality as other- wise provided by law. The ownership, construction and maintenance of such municipal works, and the distribution and sale of water after the same leaves such central points shall be and remain under the duly constituted officers of each municipality as is now provided by law. All water shall be metered at such central points under the direction and control of the com- mission. The report of the commission if in favor of the project shall de- termine what proportion of the whole original cost of establishing conserva- tion water works for such union water district for delivery of water at such central points shall be borne by each municipality. The pendency of a proceeding on the part of any municipality or water district for procuring an independent supply of water under any statute, shall not prevent such municipality or water district from taking part in the formation of a union water district as herein provided. § 532. Submission of proposition. Upon receiving from the commission the report, maps, plans, estimates of cost, and other information aforesaid, the board of trustees shall consider and either adopt or reject the same. If the board adopts the same, such adoption shall be certified by the hoard to each municipality included within such union water district, and thereupon there shall be submitted to the electors of each such municipality a proposition for issuing its bonds for its proportion of the estimated cost aforesaid. Such proposition shall be submitted, within thirty days after receiving such certification from the board of trustees. In case of a city, except as herein otherwise provided, such elections shall be conducted according to the statutes applicable to the submission of a proposition for the establishment of an independent water supply for such city or for authorization of a bonded debt. In case of a village, except as herein otherwise provided, such election shall be conducted in the manner provided by article nine of the village law. In case of a water district, except as herein otherwise provided, such election shall be conducted as pro- vided in article thirteen of the town law, but only electors resident within the water district shall participate in the election. Such proposition shall be deemed adopted by a municipality if a majority of all the votes cast at said election shall be cast in favor of the proposition. Except as otherwise provided herein, a mmnicipality, when the issuance of such bonds has been authorized as herein provided, shall issue and sell the same in the manner now provided by law for the issuance and sale of bonds, except that the limitations now provided by law upon indebtedness of municipalities shall not apply to a debt incurred under the provisions of this section except as otherwise provided by the constitution of the state. 396bb The Village Laws of Xew Yoek It shall be the duty of the proper authorities of such municipality to levy- annually, in the manner now provided by law in case of bonds authorized to be issued by such a municipality, such sum or sums as shall be neces- sary to meet the principal and interest upon the bonds issued as provided- herein, or for the establishment of a sinking fund on account of the bonds, so issued. An affirmative vote in any municipality at an election held as aforesaid shall be binding for a period of two years. A negative vote in any muni- cipality shall not be final as to said municipality, but the same proposition may be resubmitted not more than three times to the electors thereof and. in such case not more than four months shall elapse between such resub- mission unless an affirmative vote shall result. If the vote of any such municipality shall be in the negative four times, then such union water dis- trict shall cease to exist, except that in such case the municipalities Toting in the affirmative may through the said board of trustees apply to the com- mission to certify the proportion of cost which each such municipality should, bear of such project, as the same should be modified by reason of the elimina- tion of the municipalities voting in the negative, and on a report by the commission of such estimate, a proposition based thereon shall be submitted, to each such municipality in the manner herein provided for the submis- sion of an original proposition and in that case the provision aforesaid as to the issuance and sale of bonds shall apply as so modified. If in such case any municipality shall vote in the negative, no further proceeding shall be had upon such petition and said union water district shall cease to exist. Upon the issuance and sale by a municipality of bonds as herein pro- vided, the proceeds shall be deposited in a national or state bank or in a trust company by each municipality separately, but to the credit of the conservation commission, and such moneys shall be used and paid out by the commission for the purposes herein provided. Such municipality shall select the depositories which shall agree to pay the highest rate of interest upon such deposit and the deposit shall be secured by bonds to the muni- cipality approved by the commission. The interest accumulating upon such deposit shall be credited to the municipality making the same and shall be used by it in paying interest on its bonds issued as above provided. In with- drawing such deposits, the commission shall withdraw not more than one-half of the amount so deposited by any one municipality until one-half of the separate deposits of other municipalities shall have been withdrawn. Upon concurrence of a sufficient number of municipalities by affirmative votes on submission of the proposition aforesaid and the deposit of an aggregate amount of money equal to the estimate of the cost reported as herein provided, the commission shall proceed to construct water works, as described in its report or as the same may after such hearing be modified, subject only to such minor changes in the design as circumstances may from time to time in the opinion of the commission require. Such works shall be known as conservation water works. § 533. Acquiring of lands. The commission or its agents, engineers, and such other persons as may" be necessary for the execution of the powers and duties herein provided,. The Village Laws oe New York 396cc may enter upon any land or water for the purpose of making surveys, examinations and investigations for preparing the maps, plans, specifications and reports herein provided for, and the persons damaged thereby shall be entitled to file claims therefor with the board of claims and recover against the state such damages. The commission shall have the power to purchase and take possession of in the name of the people of the state of New York and to be held by said people for the purposes authorized by this article or to acquire in the same name by condemnation as hereinafter provided for such purposes, all lands above or under water and structures and to acquire and take in the same name and manner and divert and use waters, public or private, deemed by the commission to be necessary for said purposes. If the commission shall be unable to agree with the private owner of lands and properties for the purchase thereof or with the private owner of frontage along waters for ac- quiring of the right to divert such waters or to agree with the private owner- of lands for acquiring of easements in, over or against such lands, the same may be acquired by the commission by condemnation as follows: An accurate survey of the lands so acquired or of lands in, over or against which any easement is so required shall be made and a map thereof shall be prepared accompanied with an accurate description of the said lands, rights and easements so required, which description shall state the volume of water to be taken or diverted where less than the whole flow of any stream or water is to be taken or diverted and of the period during which such lands are to be held or such waters used or diverted and a sufficient description of any other easements in, over or against such lands, so as to describe with- common certainty the lands, rights or easements to be taken, and the same- shall be certified by the commission and filed in its office and a duplicate- thereof made and recorded in the office of the clerk of the county within; which any lands taken or affected are situated. Thereupon the commission may apply to the supreme court within the judicial district containing such lands for the appointment of commissioners of appraisal to determine the amount of compensation to be paid by the conservation commission for the property to be so appropriated and, except as otherwise provided in this article, the provisions of title one of chapter twenty-three of the code of civil procedure known as the condemnation law shall apply to and govern the procedure on such application and regulate the fixing and payment of the compensation to be made. The commission may in its discretion unite in one petition to said court, applications to acquire several such properties or all the separate properties sought to be taken for any one project carried on under this article. Such petition shall be accompanied by a duplicate of the map and descrip- tions of the properties to be taken and required to be filed as aforesaid. On the appointment of commissioners of appraisal and the taking and filing of official oaths by them as required by the condemnation law in case of such application, the conservation commission may enter upon and take possession of and use, for the purposes herein authorized, the lands and properties described in such petition and the said maps and statements ac- companying the same. Said petition and the said duplicate map and state- ments filed therewith shall be conclusive evidence of the boundaries of the- lands to be appropriated and of the extent and nature of any rights and 396dd The Village Laws of New York easements described therein to be taken. This provision for compensation shall not be construed to require payment of compensation except to the ex- tent of the legal rights of such private owners and according to the legal measure of damages and there shall be no presumption that the lands and property rights so described are privately owned. In case any lands or rights as hereinbefore described are owned by the public not including the lands and waters of the canals and lands within the forest preserve, and the acquisition thereof for the purposes herein de- scribed shall be necessary, the same may be entered upon and used by the conservation commission and if the same were at the time of such taking the separate property or under the jurisdiction of any county or other muni- cipality or other civil division of the state or contain improvements made by them, a just and fair sum on account of such taking may be agreed upon by the conservation commission and the governing board or body of such county, municipality or civil division and the amount thereof shall be paid over by the conservation commission to the proper officers of such county, muni- cipality or civil division on the execution and delivery to the commission of an appropriate conveyance describing the lands and rights so taken and in case such amount cannot be agreed upon the same shall be fixed and de- termined by three commissioners to be appointed by the supreme court within the judicial district where said lands affected are located on application either by the commission or the proper authorities of such county, muni- cipality or civil division on notice to the other and when the determination of such commissioners shall be confirmed by said court the sum so affixed and determined upon shall be paid by the conservation commission. Any diversion right now exercised for private purposes and under which public waters are diverted under any gratuitous franchise, express or im- plied, or franchise terminable at will as against the user, shall be and be deemed to be revoked when and to the extent that the waters subject to diversion are in the opinion of the commission, to be so certified by order to be made by it, needed for public water supply as herein provided. The commission shall have the right subject, in case of state improved highways, to the approval of the state commission of highways, to relocate highways which are within lands to be flowed by works constructed here- under and shall have the right to lay pipes or conduits for conveyance of water along or across any highway or other public place and across any rail- Toad, canal, transmission or other way devoted to public use, but the same shall be restored to its former condition of usefulness. The commission shall have power to apply in behalf of the state under any law of congress for permission to divert waters from any Indian lands when required for furnishing public water supply for a union water district. Whenever it shall be necessary to appropriate lands occupied by graves, "burial places, cemeteries or other places of interment of human remains, the same may be acquired in the same manner as other lands as herein provided and where the same is to be acquired by condemnation, service of notice of the time and place of presentation of the petition upon a person, corpora- tion or other governing board, body or officer having possession, ownership or exercising control thereover, or service thereof in such manner or upon such other persons as shall be specially directed by the court, shall be sufficient. . The Village Laws of New York 3 9 Gee But such lands shall not he entered upon by the conservation commission in such case until after judgment adjudging that the condemnation thereof is necessary for the purposes herein specified shall be rendered, nor until the special provisions of such judgment as to the removal and reinterment of the human remains in said lands shall be complied with by the commis- sion and the judgment shall require that such remains be removed to some other appropriate lands or places to be specified in said judgment including the removal and replacing of all marks distinguishing the persons so in- terred and the removal, transportation and reinterment of such remains shall be made in accordance with the provisions of the public health law and the local rules or ordinances of any city, village or town wherein the lands con- taining such remains or lands in which they shall be reinterred are located. Upon completing the work of reinterment the commission shall convey an appropriate right and title in the lands acquired by it for such reinterment, to the person, corporation or governing board or officer, if any, formerly owning, possessing or controlling the property from which said remains were removed. If there be no such person, corporation or other governing board or officer, the commission shall, as part of the expense of the project prose- cuted by it, maintain the property acquired for such reinterment as a ceme- tery. The lands required for such reinterment shall be deemed to be re- quired for the purposes of the project authorized by this article. Before any lands are acquired by purchase or any condemnation proceed- ings instituted or any expenditure made for excavation or construction here- under, the commission shall cause a general map to he made and filed in its office and furnish a certified copy thereof to each municipality a member of a union water district, which map shall show the lands necessary to bo acquired and waters necessary to be diverted, and shall show the lands needed for rights of way and for the location of reservoirs and central points of delivery of water, and the commission shall cause general plans of all con- struction and excavation work to be made and filed, and copies thereof fur- nished in the same manner. § 534. Letting of contracts; construction work. All excavation and construction work shall be performed under contracts based upon maps, plans and specifications and estimates of quantities made by the commission as hereinbefore provided, and any contract for perform- ance of the whole work to be done or material, based upon any one petition or any contract for any part of such work or materials shall be let to the lowest responsible bidder after public notice of such letting, to be given by- advertising the same once in each week for four weeks immediately preceding; the day fixed for the receiving of bids and one such notice shall be published in a newspaper printed within each of the counties wherein any part of such work is to be performed. The requirements of the state finance law and the. labor law as to the form and contents of public contracts in respect to the requirements of bonds from contractors to secure faithful performance and completion of the work shall apply to all contracts let under the provisions! of this article. If in the judgment of the chief engineer any work is not being performed according to the contract or for the best interest' of the public, he shall so 396ff The Village Laws of New Yoek certify to the commission and the commission shall thereupon have power to suspend or stop the work under such contract while it is in progress, and to provide for completion of the same in such manner as will accord with -the contract specifications and for the best interests of the public, or the contract may be cancelled and readvertised and relet in the manner herein prescribed and any excess in the cost of completing the work beyond the price charged for which the same was originally awarded, shall be charged to and paid by the contractor failing to perform the work. If at any time in the conduct of the work under any contract it shall be- come apparent to the chief engineer that any item in the contract will ex- ceed in quantity the engineer's estimate by more than fifteen per centum, he shaE so certify to the commission and the commission shall thereupon ■determine whether the work in excess thereof shall be completed by the con- tractor under the terms and at the prices specified in the contract or whether it shall be done by the commission or whether a special contract shall be Blade for such excess in the manner above prescribed. Every contract made hereunder shall reserve to the commission the right to suspend or cancel ■the contract as above provided and to complete the work or readvertise or relet the same as the commission may determine and reserve to the commis- sion the right to enter and complete any item of the contract which shall exceed in quantity the engineer's estimate by more than fifteen per centum or to make a special contract for such excess as tne commission may de- termine. All excavation and construction work shall be performed under the super- vision of the conservation commission through its chief engineer and all payments upon contracts shall be made upon estimates to be made by said chief engineer. All works to be constructed hereunder shall be designed for delivery of water by gravity and all such water shall, before it is delivered to any municipality, be properly filtered under direction of the commission. § 535- Maintenance and operation of works. Upon completion of any conservation water works as provided hereunder, the commission shall maintain and shall operate the same and shall guard the waters from contamination. The commission shall cause records to be kept of the quantity of water delivered to the central points and the same shall be measured by meter to each municipality and the commission shall render to each municipality in a union water district annually as of the first day of January a statement of the quantity so delivered for the cal- endar year last preceding. If the quantity of water so delivered exceeds the aggregate quantity due to a municipality based on the rate of one hundred and twenty-five gallons per diem to each actual inhabitant thereof as shown in the petition herein provided, then a charge shall be made to such municipality for such excess and at such rate per million gallons as the commission shall determine. Pay- ment for such excess by such municipality shall be made on or before July first of each calendar year to the commission. The commission shall an- nually apportion the whole sum so received among the municipalities in pro- portion to the amount which each has contributed to the cost of the conser- vation water works and shall promptly pay to each municipality its share thereof. Upon the completion and placing in operation of such water works, The Village Laws of New York 396gg the commission shall employ such superintendent and assistants as it deems necessary for the proper and economical operation and administration thereof, and shall purchase and supply such materials and labor as are necessary in the maintenance, repair and operation. The commission shall cause an accurate account of all such expenses to be made and kept and shall report the same annually in the month of January for the calendar year last past. The commission may from time to time, upon temporary loan certificates to be issued by it, borrow such sums as may be necessary to carry on such operation and maintenance. Such certificates shall bear interest at the rate of six per centum and shall be sold at not less than par and each munici- pality within a union water district shall be liable for its share of such expense in the proportion which it contributed to the original cost of the works. The annual amounts for such expenses, as apportioned by the com- mission, shall be paid by each municipality on the first day of March fol- lowing the calendar year in which the said expenses were incurred. Interest to March first shall be included in the sum annually reported by the com- mission for such expense. A member of the board of trustees of a union water district shall be reimbursed by his municipality for his actual and necessary expenses and disbursements paid or incurred by him in the per- formance of his duties, upon vouchers audited and approved in the manner provided by law for other claims against such municipality. § 536. Cost and expenses. If the cost of a conservation water works exceeds the original estimate -of the commission, the excess shall be borne among the municipalities ac- cording to the proportion which each contributed to the estimated cost and the same shall be raised by each municipality in a manner to be determined by it and the said sum paid over to the conservation commission. If the total cost of such construction shall be less than the cost as estimated and as raised by the municipalities, such excess shall be refunded to said muni- cipalities by the conservation commission ratably as the same was con- tributed, and when so refunded, the same shall be used by said municipali- ties to retire the bonds issued by them or paid into the sinking fund for the retirement of said bonds. All cost and expenses on the part of the state of New York, including the •expenses of engineering or other professional services incurred on account of the construction of conservation water works or the acquiring of lands and diversion rights shall be deemed a part of the cost thereof to be borne by the municipalities in a union water district, and shall be estimated as part of the expense and shall be paid from the funds raised by said municipalities for said purpose. § 537. When other municipalities may participate; regulations. Any municipality originally eligible to membership in a union water district and not a member thereof, may on a majority vote of the governing board or body of such municipality, or in case of a water district, the town board Tnay apply by petition to the conservation commission and to the trustees ■of such union water district to become a member of such union water dis- trict. If the commission and the board of trustees approve the petition the commission shall estimate and determine the cost of additional construction 396hh The Village Laws of New York to provide for service of water to such municipality from the conservation, water works, and shall likewise estimate and determine what share of the original cost thereof should be paid by such petitioning municipality ani shall report the same to it and to the board of trustees. Such municipality shall thereupon in the manner hereinbefore provided in the original forma- tion of a union water district determine whether it will issue bonds to cover the aggregate amount so reported and if the same is determined in the -affirmative, bonds shall be issued and sold by such municipality and the pro- ceeds raised and deposited and taxes imposed for the retirement of such bonds issued, in the same manner as in case of the original organization of a union water district. The proceeds of such bonds issued shall be deposited to the credit of the commission for the purposes of this act in the manner •hereinbefore provided. Upon the deposit of such funds, such municipality shall thereupon become a, member of such union water district and shall be- supplied with water from such conservation water works. The funds so deposited by said municipality shall be disposed of as follows: The estimated cost of the additional construction due to each municipality" becoming a member of a union water district shall be deducted; the remainder- shall be apportioned to each municipality in the district including the munici- pality thus last added thereto, in the proportion in which each has contrib- uted to the cost of the conservation water works, and the commission shall as soon as possible pay to each municipality its share thereof. All sums so received by each municipality shall be applied by it to the payment of the principal of any outstanding bonds which it may have issued for the con- struction of conservation water works. § 538. Sale of water by commission. The commission, with the unanimous consent of the board of trustees, of a union water district, may sell water by meter to water works com- panies or others, exclusive of municipal corporations, provided such water is for use or resale in territory outside that of any municipality in such, district and provided that no additional construction connected with the con- servation water works shall be necessitated by reason of such sale, except for the installation of meters to measure water so sold and for meter houses and for not exceeding five hundred feet of pipe lines for connections to each_ of such meters. Contracts for such sale shall be limited to periods of five years from the time of making the same, and upon the expiration thereof, new contracts, so limited may be made in like manner. The receipts from such sales shall be applied, first, to the installation of* meters and appurtenances above named, and the remainder shall be distrib- uted among the municipalities which are members of the union water dis- trict, and in the proportion in which each has contributed to the cost or the conservation water works. § 539. Definitions. The term " chief executive officer of a municipality " as used in this article- shall in the case of a city be deemed to refer to the mayor thereof; in case- of a village, the village president; in case of a town, the supervisor; in case- cf a water district, the supervisor of the town within which such district, or the major part thereof is located. The Village Laws of Xew York 397 DRAINAGE LAW. (Chapter 15 of the Consolidated Laws.) § 2. Petition for drainage; who may make, and to what court. Any person owing or possessing any swamp, bog, meadow, or other low or wet lands within this state, who shall be desirous to drain the same in the interest of public health or for their improvement for agricultural purposes and who shall deem it necessary in order thereto that a ditch or ditches • or other channels for the free passage of water should be opened through lands belonging to another person, or any person whosoever who shall deem it necessary for the public health that any such swamp, bog or meadow or low or wet land should be drained, or that the outlet of any pond should be deepened or cleaned out so as to permit the free passage of water of such pond to such outlet, may present a petition duly verified, to the county court of the county in which such lands lie, or in case the same are situated in more than one county, to the supreme court, setting forth the facts in the names of the owners of all lands to be affected by the proceedings, so far as the same can with reasonable diligence be ascertained, and praying for the appointment of three commissioners for the purposes and with the powers hereafter set forth. The application provided for by this section may be made by the supervisor of any town on behalf of the town, or by the president of the board of trustees of any incorporated village on behalf of said village. Amended by L. 1910, Ch. 624. In effect June 24, 1910. § 30. Commissioners to make statement of cost of drainage and assess same according to benefits received. The said commissioners shall, as soon as the said costs, expenses, land damages and compensation, hereinbefore provided for, can be determined and 398 The Village Laws of New Yoek ascertained, make a complete and detailed statement thereof, including all the claims of said commissioners, which statement shall be duly verified by said commissioners or by a majority of them. They shall also, in case they have decided that the public health requires that such lands shall be drained, determine whether any, and if so, how much of the said sum shall be assessed to and paid by the incorporated village, town or county in which the said lands are situated, and whether the same shall be paid in one assess- ment or in annual instalments, not exceeding thirty in all; the remainder, or in case they shall determine that no portion of said sum shall be paid by said village, town or county, then all of said sum shall be apportioned among the several owners or occupants of such of the lands included in the said map or adjacent thereto', as they shall deem to be directly benefited by said drain- age, in proportion to the amount of benefit which each receives therefrom, and they shall in like manner determine, whether said sum so apportioned shall be paid in one assessment, or in annual instalments, as above provided, in reference to assessments to be paid by a village, town or county; pro- vided, however, that the board of supervisors of any such county, the town board of any such town, the board of trustees of any such village, or any such owner or occupant of lands upon which, or to whom said sum or any part thereof is apportioned, may elect to pay the whole of their said appor- tionment, or the portion thereof at any time remaining unpaid in one assessment, instead of in instalments as above provided. The several amounts so adjudged shall constitute liens upon. the respective tracts until paid or otherwise removed with interest from the service of notice of such decision of said commissioners as hereinafter provided, that no portion of the costs, expenses, land damages and compensation provided for in and by this chapter shall be assessed to or paid by any incorporated village, town or county in which the lands so to be drained are situated, unless a majority of the board of trustees in ease of » village; a majority of the town board in case of a town; and a majority of the board of supervisors in case of a county, shall have joined in the petition required by the second section of this chapter. Except, however, that in any case where under the provisions of this chapter a petition shall have heretofore been or hereafter be pre- sented by the supervisor of a town on behalf of such town, as provided in the second section of this chapter, in which petition no other member of the town board shall have joined, the said commissioners shall, in case they have decided that the public health requires the drainage of the land, upon the consent of a majority of the town board of such town, manifested by the adoption of a resolution to that effect, in such case determine whether any, and if so, how much of said sum so ascertained for costs, expenses, land damages and compensation shall be assessed to and paid by such town, and thereupon the amount so determined to be paid by such town shall be assessed upon and paid by such town in one assessment or in annual instal- ments as such commissioners shall determine. § 31. Statement and assessment to be filed. The said commissioners shall file in each clerk's office in which their determination of the necessity of draining such lands or duplicate thereof, as provided by section ten of this chapter, is required to be filed, a copy of the said statement, and of the said determination, as to the village or The Village Laws of New Yoek 399 "town or county, in case there be any such, and of the said apportionment, £ind of the time and manner of payment thereof, certified by them, which, or a duly authenticated copy of which, may be received in evidence in any suit or proceedings in this state. § 32. Notice to be given to owners and officers of towns or villages assessed. They shall also cause notice, written or printed, to be given to each person whose lands are assessed by them, to pay any part of said sum, and also to the supervisor of any town or the president of any village, or the chairman of any board of supervisors of any county that may be assessed by them, which notice shall state the time and place of filing such statement and determination. The said notice shall be served personally upon such supervisor, president or chairman, and also upon each person whose lands are so assessed, when he can be found with due diligence in a county in which such lands or a part thereof are situated, and when not so found, then by delivering such notice to some person of reasonable age and dis- cretion, residing upon said premises, directed to the owner or occupant thereof, or if no such person be found residing upon said premises and such owner or occupant be not found, then by depositing such notice in "the post-office duly enveloped and directed to such owner or occupant at his last known place of residence with the postage prepaid. A copy of such notice with the affidavit of the person who served the same, that he delivered the original to the person to whom it was addressed, shall be Evidence of such service. If the owner or occupant of any land to be affected by proceedings taken pursuant to the provisions of this chapter, be unknown and can not, with due and reasonable diligence, be ascertained, or if a place or places where such owner or occupant would probably receive matter transmitted through the post-office can not with reasonable diligence be ascertained, service of any notice required by this chapter may be made upon such owner or occupant by delivery thereof to the clerk of the county in which said land of such owner or occupant or a part thereof is situated. § 33- Appeal from assessment. Any person deeming himself aggrieved thereby or any officer on whom a. notice was served as required by section thirty-two of this article, who deems his village or town or county aggrieved, may appeal from the decision of the said commissioners to the court in which such proceedings were instituted or are pending, for the correction of such assessment, provided he serves upon said commissioners notice of said appeal within ten days after the service upon him ot the notice of filing such statement, and the party making the appeal shall, within ten days from the service of notice thereof on the commissioners, make a full statement of the grounds of his appeal setting forth the points on which he feels aggrieved by the determination of said commissioners, and file a certified copy thereof in the office of the clerk of the county in which such lands or a portion thereof affected by said pro- ceedings are situated, and present the said statement to the court, and the court shall thereupon proceed, without further delay than such as is neces- sary to give proper notice to the parties interested, to hear and finally deter- mine the appeal. The court may award costs to the successful party on, 400 The Village Laws of New Yoek such appeal, not exceeding fifteen dollars besides his necessary disbursements- to be taxed by the clerk of the court. § 34. Levying assessments. The said commissioners shall within thirty days after filing said state- ment, in case the same is not appealed from, and within thirty days after notice of the final determination of the appellate court thereon, in case the same is appealed from, levy the assessments hsrein provided for in one sum or annually thereafter until said sum is paid, and proceed to collect the same. In cases where any persons have been awarded land damages,, such damages shall be deducted from the assessment, and only the balance shall be collected. § 35. Towns or villages authorized to borrow money to pay assessments. In case it is determined that any town or village shall pay any part of such sum, the supervisor of such town, or the board of trustees of such village,, is authorized to borrow money on the credit of the town or village, as the case may be, to pay the same, or any instalment thereof, and the board of supervisors shall at their next ensuing annual meeting include the amount assessed on any town in the next tax levy on said town, together with any sum to be paid by said county, which shall be included in the sum to be raised for such county. Money so borrowed shall be upon obligation of the- village or town issued at not less than par, bearing interest at six pei~ centum, payable out of the moneys raised by tax levy as aforesaid, and receiv- able in payment of such taxes. GENERAL BUSINESS LAW. (Chapter 20 of the Consolidated Laws.) § 35. Municipal regulations. This article shall not affect the application of any ordinance, by-law or~ regulation of a municipal corporation relating to hawkers and peddlers within the limits of such corporation, except as otherwise provided in section thirty- two hereof, but the provisions of this article are to be complied with irt addition to the requirements of any such ordinance, by-law or regulation. § 205. Hotel keepers to provide fire-escapes. Every owner, lessee, proprietor or manager of a hotel, not fireproof, exceed- ing two stories in height, shall cause to be placed a rope or other better appliance, to be used as a fire-escape, in each room of such hotel, used as a lodging-room, above the ground floor, which rope or other appliance shall be securely fastened into one of the joists or timbers next adjoining a frame of a window of such room. Such rope or appliance shall be at all timea kept coiled up and exposed to the plain view of any occupant of said room,, the coil to be fastened in such a, slight manner as to be easily and quickly loosened and uncoiled; and if a rope, it shall be not less than three-fourths of an inch in diameter, and of sufficient length to' reach from such window to the ground. Such rope, appliance, iron hook or eye and fastenings shall be of sufficient strength to sustain a weight of four hundred pounds. Such, owner, lessee, proprietor or manager must cause to be posted in a conspicu- The Village Laws of New Yoke 401 ■©us place in each room and hall of such hotel, above the ground floor, a printed notice to the effect that the rope or appliance is so placed in 'each such room ior use in case of fire, and giving full directions for such use. It is the duty of the chief engineer or the officer performing the duties of a chief engineer of the fire department of a city or village to inspect, or cause to be inspected by some person deputized by him for that purpose, in the months of January and July of each year, each such room of every hotel in his city or village, and to ascertain if the provisions of this section .are complied with, and to make and file a written report with the mayor, ^president or other officer performing the duties of chief executive of such ■city or village, on or before the fifteenth day of February and August of •each year, showing what hotels he had so inspected, and specifying which of them have fully complied with the provisions of this section, and which, if any, have not, and in what respect and to what extent. An owner, lessee, proprietor, manager or other person who obstructs or prevents such inspec- tion is liable to a penalty of fifty dollars for each such offense. Such mayor, president or other chief executive officer, shall sue for such penalty in the name of his city or village, and shall proceed against any person criminally violating this section. | 304. Standard and storage of illuminating oils. No person shall manufacture or have in his possession or sell or give away for illuminating or heating purposes in lamps or stoves within this state, any •oil or burning fluid wholly or partly composed of naphtha, coal oil, petroleum or products thereof, or of other substances or materials emitting an inflam- mable vapor which will flash at a temperature below one hundred degrees Fahrenheit, according to the instruments and tests approved by the state board of health. No such oil or fluid which will ignite at a temperature below three hun- dred degrees Fahrenheit shall be burned or be carried as freight in any pas- senger or baggage car or passenger boat moved by steam or electric power in this state, or in any stage or street car, however propelled, except that coal oil, petroleum and its products may be carried, when securely packed in barrels or metallic packages, in passenger boats propelled by steam when there are no other public means of transportation. The state board of health shall prescribe the tests and instruments by which sueh oils and fluids shall be tested, and shall adopt such measures to ■enforce the provisions of this section and such rules and regulations for collecting, examining and testing samples of such oils and fluids as to them may seem necessary. The public analysts employed by or under the direction of such board shall test the samples of such oils and fluids as may be submitted to them under the rules of the board, for which they shall receive such reasonable compensation as the board may allow. Naphtha and other illuminating products of petroleum which will not stand the flash test required by this section, may be used for illuminating or heating purposes only in the following cases: 1. In street lamps and open air receptacles apart from any building, factory or inhabited house in which the vapor is burned. 2. In dwellings, factories or other places of business when vaporized in secure tanks or metallic generators made for that purpose, in which the -vapor so generated is used for lighting or heating. 402 The Village Laws of New Yoek 3. For use in the manufacture of illuminating gas in gas manufactories situated apart from dwellings and other buildings. Any person violating any provision of this section shall forfeit to the city or village, or if not in a city or village to the town in which the violation occurs, the sum of one hundred dollars for every such violation, and for every day or part of a day that such violation occurs. This section shall not apply to the city of New York, and shall not super- sede but shall be in addition to the ordinances or regulations of any city or village made pursuant to law for the inspection or control of combustible materials therein. 307. Penalties and the enforcement thereof. Every person violating the provisions of this article, relating to the test- for refined petroleum and oil, shall forfeit to the people of the state the sum of five hundred dollars for each violation. Every person violating any provision of this article, relating to the storage or keeping for sale of any article, substance or product herein specified, shall forfeit to the people of the state, the sum of two hundred and fifty dollars for each day and part of a day that such violation continues. Every person violating any provisions of this article, relating to the incumbering of any sidewalk or street, shall forfeit the sum of twenty-five- dollars for each day and part of a day that such violation continues, to be paid, if in a city or village, to such city or village, and elsewhere, to the town in which such violation occurs. The mayor and common council of every city or other proper authorities thereof, shall, by ordinance or resolution, provide for the proper enforce- ment of the provisions of the preceding sections of this article, and in every such city, the moneys collected by the city as penalties for the viola- tion of any such ordinance or resolution or of any of such provisions, shall be applied to the support of the poor therein, except in Brooklyn, where they shall be paid into the widows and orphans' fund of the fire depart- ment, and except in Buffalo, where they shall be paid to the treasurer of the firemen's benevolent association of the city for its use and benefit. GENERAL CORPORATION LAW. (Chapter 23 of the Consolidated Laws.) § 3. Definitions. 1. A " municipal corporation " includes a county, town, school district,, village and city and any other territorial division of the state established by law with powers of local government. 2. A "stock corporation" as a corporation having a capital stock divided into shares, and which is authorized by law to distribute to the holders thereof dividends or shares of the surplus profits of the corporation. A corporation is not a stock corporation because of having issued certificates called certificates of stock, but which are in fact merely certificates of mem- bership, and which is not authorized by law to distribute to its members any dividends or share of profits arising from the operations of the corporation. 3. The term "non-stock corporation" includes every corporation other- than a stock corporation. The Village Laws of New Yoek 403 4. A " moneyed corporation " is a corporation formed under or subject to •the banking or the insurance law. 5. A " domestic corporation " is a corporation incorporated by or under the laws of the state or colony of New York. Every corporation which is not a domestic corporation is a foreign corporation, except as provided by the code of civil procedure for the purpose of construing such code. 6. The term " directors," when used in relation to corporations, shall include trustees or other persons, by whatever name known, duly appointed or designated to manage the affairs of the corporation. 7. The term " certificate of incorporation " shall include articles of associa- tion or any other written instruments required by law to be filed, to effect the incorporation of a corporation, including a certified copy of an original certificate of incorporation filed for such purpose in pursuance of law. 8. The term " member of a corporation " shall include every person having a right to vote at » meeting of the corporation for the election of directors, other than a person having a right to vote only upon a proxy. 9. The term " office of a, corporation " means its principal office within the state, or principal place of business within the state if it has no principal office therein. 10. The term " business of a corporation " when used with reference to a non-stock corporation, includes the operations for the conduct of which it is incorporated. 11. The term " corporate law " or " laws," when used in any law forming a part of the consolidation of the general laws of the state of which this chapter is a part, means the general statutes of this state relating to corporations included in such consolidation. § io. Limitation of powers; provisions of certificate. 1. No corporation shall possess or exercise any corporate powers not given by law, or not necessary to the exercise of the powers so given. 2. The certificate of incorporation of any corporation may contain any provision for the regulation of the business and the conduct of the affairs of the corporation, and any limitation upon its powers, or upon the powers of its directors and stockholders, which does not exempt them from the per- formance of any obligation or the performance of any duty imposed by law. § n. Grant of general powers. Every corporation as such has power, though not specified in the law under which it is incorporated: 1. To have succession for the period specified in its certificate of incorpo- ration or by law, and perpetually when no period is specified. 2. To have a common seal, and alter the same at pleasure. 3. To acquire by grant, gift, purchase, devise or bequest, to hold and to dispose of such property as the purposes of the corporation shall require, subject to such limitations as may be prescribed by law. 4. To appoint such officers and agents as its business shall require, and to fix their compensation, and 5 To make by-laws, not inconsistent with any existing law, for the man- agement of its property, the regulation of its affairs, and the transfer of its. stock, if it has any, and the calling of meetings of its members. Such 404 The Village Laws of New Yoke: by-laws may also fix the amount of stock, which must be represented at meetings of the stockholders in order to constitute a quorum, unless other- wise provided by law. By-laws duly adopted at a meeting of the members of the corporation shall control the action of its directors. No by-law adopted by the board of directors regulating the election of directors or officers shall be valid unless published for at least once a week for two successiwe weeks in a newspaper in the county where the election is to be held, and at least thirty days before such election. Subdivisions four and five of this section shall not apply to municipal corporations. INSURANCE LAW. (Chapter 28 of the Consolidated Laws.) § 133. Payment of tax by agents of foreign fire insurance corporations to fire departments. Except in the cities of New York and Buffalo there shall be paid to the treasurer of the fire department of every city or village of this state, whether incorporated or unincorporated, having a fire department, company or organ- ization, for the use and benefit of such department, or to the treasurer of such fire department within the fire limits, as established by law, of an ■unincorporated village and when no treasurer of a fire department exists, then to the treasurer or other fiscal officer of such city or village, or in ease of an unincorporated village to the supervisor of the town in which such village is situated who, for the purposes of this chapter, shall have the same powers as the treasurers of fire departments, on the first day of February of each year, by every person who shall act as agent for or on behalf of any foreign fire insurance corporation, association or individuals ■which insure property against loss or injury by fire, the sum of two dollars upon the hundred dollars, and at that rate, upon the amount of all premiums which during the year or part of a. year ending on the last preceding thirty- first day of December shall have been received by such agent or person, or received by any other person for him, for any insurance effected or procured by him as such agent or broker against loss or injury by fire upon property situate within the corporate limits of such city or village, or within the fire limits of such unincorporated village. Every city, except the city of New York, village, fire department, fire, hose or hook and ladder company, fire district, or fire district association, firemen's benevolent associations, exempt or veteran firemen's associations, and every officer, board of officers and asso- ciation receiving any portion of the tax directed to be paid by this section or any similar provision of law, shall within ten days after the receipt of the same, pay to the treasurer of the Firemen's association of the state of New York, ten per centum of the amount so received by it or him, for the support or maintenance of the Volunteer Firemen's home at Hudson, New York. On or before the first day of April in each year every such city, village, fire department, fire, hose or hook and ladder company, fire district, or fire district association, firemen's benevolent associations, exempt or veteran firemen's associations, officer, board of officers and association, shall, by its «hief fiscal officer, treasurer, or other officer whose duty it may be to receive such funds, deliver to the treasurer of the Firemen's association of the state of New York a statement showing the name of each person or corporation from whom any such tax shall have been received and the amount paid The Village Laws of New York 40.5 liy each, which statement shall be verified by the officer making the same to the effect that the same is correct and true and that such statement cor- rectly shows the amount of suoh tax received by such city, village, fire department, fire, those or hook and ladder company, fire district, or fire dis- trict association, firemen's benevolent associations, exempt or veteran fire- men's associations, officer, board of officers and association since the first day of April in the preceding year. Any such city, village, fire department, fire, hose or hook and ladder company, fire district, or fire district associa- tion, firemen's benevolent associations, exempt or veteran firemen's associa- tions, officer, board of officers and association receiving any portion of such tax and failing to make and deliver such verified statement as herein pro- vided or omitting to pay ten per centum thereof to the treasurer of the Firemen's association of the state of New York as provided herein within the time above allowed shall forfeit the sum of fifty dollars in addition to the amount of such tax to be recovered in an action which may be main- tained by said Firemen's association of the state of New York in any of the courts of this state. § 134. Undertaking of agent. No person shall, as agent for any such foreign insurance corporation, asso- ciation or individuals, effect any insurance upon any property situate in any city or village of this state upon which the sums specified in the preceding section are required to be paid; or as such agent procure suoh insurance to be effected, until he shall have executed and delivered to the officer to whom such account is to be rendered and -suoh payments to be made, a, bond to such fire department in the penal sum of five hundred dollars, with such sureties as such treasurer, supervisor or other fiscal officer shall approve, with a condition that he will annually render to such treasurer, supervisor or other fiscal officer, on the first day of February in each year a just and true account, verified by his oath that the same is true, of all premiums which, during the year ending on the thirty-first day of December preceding such report, shall have been received by him or any other person for him, for any insurance against loss or injury by fire upon property situated in such city or village, which shall have been effected or procured by him to have been effected by any such corporation, association or individuals, and that he will annually, on the first day of February in each year, pay to such treasurer or supervisor or other fiscal officer two dollars upon every hundred dollars, and at that rate upon the amount of such premiums. If any suoh agent shall desire to transact business in more than one city, town or village, he may, instead of executing and delivering a separate bond for each such city, town or village, as required by this section, execute and file with the super- intendent of insurance a bond in the penal sum of fifteen hundred dollars, with such sureties as the superintendent shall approve, conditioned that he will make his account and pay the sums so required to be paid in each city, town or village in which he shall effect insurance. Any such corporation, association or individual, having authority to transact business in this state, on filing a bond in the penal sum of two thousand five hundred dollars with the superintendent of insurance that it will make its account and pay the sum so required to be paid, may effect such insurance in any city, town or village wherein it has no agent. ' ,_,„,„ Amended by L. 1913, ch. 304. In effect Apr. 17, 1913. S 135. Penalty for refusal to pay. ...... Every such person who shall effect any such insurance without having executed and delivered such bond, shall, for each offense, forfeit two hundred dollars for the use and benefit of the fire department of such city or village, to be collected by and in the name of the fire department, treasurer or chief fiscal officer of the city or village in which the property insured is situated. The treasurer or chief fiscal officer of any city or village having no incor- 406 The Village Laws of New York porated firemen's relief or benevolent society receiving any money under the laws of this state, shall, on or before the fifteenth day of February in each year, apportion and pay over all such moneys so received to the treasurers of such of the several fire companies as are duly recognized by the common council, trustees or supervisors of such city or village. If he shall neglect or refuse to perform any or all of the duties required, by this section, he shall forfeit the sum of two hundred dollars for every such neglect or refusal for the use and benefit of the fire department of such 'city or village, and the foreman of any fire company may sue for and. maintain an action in the name of and for the benefit of such company for its proportion of the penalties prescribed by this section. § 136. Penalty for refusal to exhibit foreign fire policies. Every person whose property shall be insured in violation of section one hundred and thirty-five of this chapter, and every person having the care or charge of property so insured, or of policies of insurance placed in vio- lation of such section, as agent or trustee for another, who shall refuse or neglect to exhibit to the officer, entitled by section one hundred and thirty- four of this chapter to receive the per centum of premium in such section provided, all policies so placed upon such property, or shall neglect or refuse to give such officer full information as to when, by whom, and in what cor- poration or corporations such property shall be so insured, and the name of the agent, broker or other person connected with the effecting of such insurance, upon demand being duly made by such officer, shall become liable to an action by and in the name of the fire department, organization or com- pany of which such officer shall be the treasurer, for the sum of one hun- dred dollars for each such neglect or refusal. All persons acting as brokers between any such agent or any such cor- poration and the assured, shall, within ten days after effecting any insurance specified in section one hundred and thirty-five, notify the officer entitled to receive the tax upon the premium upon such insurance of the fact of such insurance, together, with the precise location of the property, the name of the insurer and the amount of the premium to be paid by the assured. Any broker wilfully neglecting or refusing to comply with the provisions of this section shall be liable to a, like action and like penalty brought in the like manner hereinbefore provided. Actions brought under this section must be tried in the county in which the property alleged to be so insured is. situated. All moneys received pursuant to this section shall be apportioned and. paid over in the same manner as provided in the preceding section of this, chapter for the apportionment and payment of moneys received pursuant to such section and under a like penalty. JUDICIARY LAW. (Chapter 30 of the Consolidated Laws.) § 546. Exemption from jury duty. Each of the following persons, although qualified, is entitled to exemption from service, as a trial juror, upon his claiming exemption therefrom: 1. A clergyman, or a minister of any religion, officiating as such, and not following any other calling. The Village Laws of New Yoek 407 2. A resident officer of, or an attendant, assistant, teacher, or other per- son, actually employed in, a state asylum for lunatics, idiots or habitual drunkards. 3. The agent or warden of a state prison; the keeper of a county jail; or a person actually employed in a state prison or county jail, and the keeper of every almshouse. 4. A practicing physician or surgeon, having patients requiring his daily professional attention, a licensed pharmacist actually engaged in his pro- fession as a means of livelihood, a duly registered veterinary surgeon actu- ally engaged in his profession as a means of livelihood, and a duly licensed embalmer actually engaged in his profession as a means of livelihood. 5. An attorney or counsellor at law, regularly engaged in the practice of the law as a means of livelihood. 6. A professor or teacher in a college or academy, or an editor, editorial writer, artist or reporter of a daily newspaper or press association regularly employed as such and not following any other vocation. 7. A person actually employed in a glass, cotton, linen, woolen, or iron manufacturing company, by the year, month, or season. 8. A superintendent, engineer, or collector, on a canal, authorized by the laws of the state, which is actually constructed and navigated. 9. A master, engineer, assistant-engineer, or fireman, actually employed upon a steam vessel, making regular trips. 10. A superintendent, conductor, or engineer, employed by a railroad com- pany, other than a street railroad company; or an operator, or assistant- operator, employed by a, press association or a telegraph company, who is actually doing duty in an office, or along the railroad or telegraph line of the company or association by which he is employed. 11. An officer, non-commissioned officer, musician, or private of the national guard of the state, performing military duty; or a person who has been honoraby discharged from the national guard, after five years' service, in either capacity. 12. A person who has been honorably discharged from the military forces of the state, after seven years' faithful service therein. But in order to entitle a person to exemption, under this subdivision, his service must have been performed before the twenty-third day of April, eighteen hundred and sixty-two, either as a general or staff officer, or as an officer, non-commis- sioned officer, musician, or private in a uniformed battalion, company, or troop of the militia of the state, and armed, uniformed, and equipped, ac- cording to law; or a portion thereof, during that period and in that capacity, and the remainder, since the twenty-third day of April, eighteen hundred and sixty-two, as a member of the national guard of the state. 13. A member of a fire company, or fire department, duly organized accord- ing to the laws of the state, and performing his duties therein; or a person who, after faithfully serving five successive years in such a fire company, or fire department, has been honorably discharged therefrom. 14. A duly licensed engineer of steam boilers, actually employed as such. 15. A person otherwise specially exempted by law. 408 The Village Laws of New York LABOR LAW. (Chapter 31 of the Consolidated Laws.) § 3. Hours to constitute a day's work. Eight hours shall constitute a legal day's work for all classes of employees in this state except those engaged in farm and domestic service unless other- wise provided by law. This section does not prevent an agreement for over work at an increased compensation except upon work by or for the state or a municipal corporation, or by contractors or subcontractors therewith. Each contract to which the state or a municipal corporation or a commission appointed pursuant to law is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of tiie work contem- plated by the contract shall be permitted or required to work more than eight hours in any one calendar day except in cases of extraordinary emer- gency caused by fire, flood or danger to life or property. The wages to be paid for a, legal day's work as hereinbefore defined to all classes of such laborers, workmen or mechanics upon all such public works, or upon any material to be used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such public work on, about or in connection with which such labor is performed in its final or completed form is to be situated, erected or used. Each such contract hereafter made shall contain a stipulation that each such laborer, workman or mechanic, employed by such contractor, subcontractor or other person on, about or upon such public work, shall receive such wages herein provided for. Each contract for such public work hereafter made shall contain a provision that the same shall be void and of no effect unless the person or corporation making or performing the same shall comply with the provisions of this section; and no such person or corporation shall be entitled to receive any sum nor shall any officer. agent or employee of the state or of a municipal corporation pay the same or authorize its payment from the funds under his charge or control to any such person or corporation for work done upon any contract, which in its form or manner of performance violates the provisions of this section, but nothing in this section shall be construed to apply to stationary firemen in state hospitals nor to persons regularly employed in state institutions, ex- cept mechanics, nor shall it apply to engineers, electricians and elevator men in the department of public buildings during the annual session of the '/egislature, nor to the construction, maintenance and repair of highways outside the limits of cities and villages. Amended by L. 1909, ch. 292; L. 1913, chs. 467 and 494. In effect Mav 14, 1913. * § 4. Violations of the labor law. Any officer, agent or employee of this state or of a municipal corporation therein having a duty to act in the premises who violates, evades or know- ingly permits the violation or evasion of any of the provisions of this chapter shall be guilty of malfeasance in office and shall be suspended or removed by the authority having power to appoint or remove such officer, agent or em- ployee; otherwise by the governor. Any citizen of this state may maintain proceedings for the suspension or removal of such officer, agent or employee or may maintain an action for the purpose of securing the cancellation or The Village Laws ok }Jew Yokk iOD avoidance of any contract which by its terms or manner of performance violates this chapter or for the purpose of preventing any officer, agent or employee of such municipal corporation from paying or authorizing the pay- ment of any public money for work done thereupon. § 10. Cash payment of wages. Every manufacturing, mining, quarrying, mercantile, railroad, street rail- way, canal, steamboat, telegraph and telephone company, every express com- pany, every corporation engaged in harvesting and storing ice, and every water company, not municipal, and every person, firm or corporation, en- gaged in or upon any public work for the state or municipal corporation thereof, either as a contractor or a sub-contractor therewith, shall pay to each employee engaged in his, their or its business the wages earned by such employee in cash. No such company, person, firm or corporation shall hereafter pay such employees in scrip, commonly known as store money- orders. No person, firm or corporation engaged in carrying on public work under contract with the state or with any municipal corporation of the state, either as a. contractor or subcontractor therewith, shall, directly or indirectly, conduct or carry on what is commonly known as a company store, if there shall, at the time, be any store selling supplies within two miles of the place where such contract is being executed. Any person, firm or cor- poration violating the provisions of this section shall be guilty of a mis- demeanor. § ii. When wages are to be paid. Every corporation or joint-stock association, or person carrying on the business thereof by lease or otherwise, shall pay weekly to each employee the wages earned by him to a day not more than six days prior to the date of such payment. But every person or corporation operating a steam surface railroad shall, on or before the first day of each month, pay the employees thereof the wages earned by them during the first half of the preceding month ending with the fifteenth day thereof, and on or before the fifteenth day of each month pay the employees thereof the wages earned by them during the last half of the preceding calendar month. § 12. Penalty for violation of preceding section. If it corporation or joint-stock association, its lessee or other person carry- ing on the business thereof, shall fail to pay the wages of all its employees, as provided in this article, it shall forfeit to the people of the state the sum of fifty dollars for each such failure, to be recovered by the commissioner of labor in his name of office in a civil action. Amended by L. 1909, Ch. 206. In effect April 17, 1909. § 14. Preference in employment of persons upon public works. In the construction of public works by the state or a municipality, or by persons contracting with the state or such municipality, only citizens of the United States shall be employed; and in all cases where laborers are em- ployed on any such public works, preference shall be given citizens of the state of New York. In each contract for the construction of public works 410 The Village Laws of jSTew Yoke: a provision shall be inserted, to the effect that, if the provisions of this section are not complied with, the contract shall be void. All boards, officers, agents or employees of cities of the first class of the state, having the power to enter into contracts which provide for the expenditure of public money on public works, shall file in the office of the commissioner of labor the names and addresses of all contractors holding contracts with said cities of the state. Upon the letting of new contracts the names and addresses of such new con- tractors shall likewise be filed. Upon the demand of the commissioner of labor a contractor shall furnish a list of the names and addresses of all sub- contractors in his employ. Each contractor performing work for any city of the first class shall keep a list of his employees, in which it shall be set forth whether they are naturalized or native born citizens of the United States, together with, in case of naturalization, the date of naturalization and the name of the court where such naturalization was granted. Sueh lists and records shall be open to the inspection of the commissioner of labor. A violation of this section shall constitute a misdemeanor and shall be punish- able by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment for not less than thirty nor more than ninety days, or by both such fine and imprisonment. I 1 60. Application of article on employment of women and children in mer- cantile establishments. The provisions of this article shall apply to all villages and cities which at the last preceding state enumeration had a population of three thousand or more. 8 172. Enforcement of article. Except in cities of the first and second class the board or department of health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof. Proceed- ings to prosecute such violations must be begun within sixty days after the alleged offense was committed. All officers and members of such boards, or department, all health commissioners, inspectors and other persons appointed or designated by such boards, departments or commissioners may visit and' inspect, at reasonable hours and when practicable and necessary, all mercantile or other establishments herein specified within the town, village or city for which they are appointed. No person shall interfere with or prevent any such officer from making such visitations and inspections, nor shall he be obstructed or injured by force or otherwise while in the performance of his duties. All persons connected with any such mercantile or other establishment herein specified shall properly answer all questions asked by such officer or inspector in reference to any of the provisions of this article. In cities of the first and second class the commissioner of labor shall enforce the provisions of this article, and for that purpose he and his subordinates shall possess all powers herein conferred upon town, village, or city boards and departments of health and their commissioners, inspectors, and other officers, except that the board or department of health of said cities of the first and second class shall con- tinue to issue employment certificates as provided in section one hundred and sixty-three of this chapter. Amended by L. 1913, ch. 145. The Village Laws oe New York 411 LIQUOR TAX LAW. (Chapter 34 of the Consolidated Laws.) 5 »2. Certain officials not to be interested in manufacture or sale of liquors. It shall be unlawful for any excise commissioner, excise inspector, police commissioner, police inspector, captain, sergeant, roundsman, patrolman or other police official or subordinate of any police department or any commis- sioner of excise or inspector of excise, in the several villages, towns and cities of this state, to be either directly or indirectly interested in the manu- facture or sale' of spirituous or malt liquors, ales, wines or beer or to offer for sale, or recommend to any dealer therein, any spirituous or malt liquors, ales, wines or beer. The solicitation or recommendation made to any dealer therein, to purchase any spirituous or malt liquors, ales, wines or beer by any excise commis- sioner, excise inspector, police official or subordinate as hereinabove described, shall be presumptive evidence of such official or subordinate being interested in the manufacture or sale of such spirituous or malt liquors, ales, wines or beer. MEMBERSHIP CORPORATION LAW. (Chapter 35 of the Consolidated Laws.) J 65. Acquisition of property by cemetery corporation. If the certificate of incorporation or by-laws of a cemetery corporation do not exclude any person from the privilege, on equal terms with other persons, of purchasing a lot or of burial in its cemetery, such corporation may, from time to time, acquire by condemnation, exclusively for the purposes of «. cemetery, not more than two hundred acres of land in the aggregate, forming one continuous tract, wholly or partly within the county in which its cer- tificate of incorporation is recorded, except as in this article otherwise pro- vided, as to the acquisition of land in the counties of Erie, Nassau, Suffolk, Kings, Queens, Rockland and Westchester. A cemetery corporation may ac- quire by condemnation, exclusively for the purposes of a cemetery, any real estate or any interest therein necessary to supply water for the uses of such cemetery, and the right to lay, relay, repair and maintain conduits and water pipes with connections and fixtures, in, through or over the lands of others; the right to intercept and divert the flow of waters from the lands of riparian owners, and from persons owning or interested in any waters. But no such cemetery corporation shall have power to take or use water from any of the canals of this state, or any canal reservoirs as feeders, or any streams which have been taken by the state for the purpose of supplying the canals with water. A cemetery corporation may acquire, otherwise than by condemnation, real property as aforesaid and additional real property, not exceeding in value two hundred thousand dollars, for the purposes of the convenient transaction of its general business, no portion of which shall be used for the purposes of a cemetery. A cemetery corporation may acquire, otherwise than by condemnation, additional real or personal property, abso- lutely or in trust, in perpetuity or otherwise; and use the same or the income therefrom in pursuance of the terms on which the same is acquired, for the following purposes, only: 412 The Village Laavs of New Yobk 1. The improvement or embellishment, but not the enlargement of its ceme- tery; 2. The construction or preservation of a. building, structure, fence or walk therein: 3. The renewal, erection or preservation of a tomb, monument, stone, fence, railing or other erection or structure on or around any lot therein; or, 4. The planting or cultivation of trees, shrubs, flowers or plants in or about a lot therein. A cemetery corporation may accept a conveyance of real property held by a religious corporation for burial purposes, or by trustees for such purposes, if all such trustees, living and residing in this state, unite in the conveyance, subject to all burdens, trusts and conditions to which the title of such grantors was subject. Lots previously sold in any such lands, and grants for burial purposes therein previously made, shall not be affected by any such conveyance; nor shall any grave, monument or other erection there- upon, or any remains therein, be disturbed or removed without the consent of the lot owner, or if there be no such owner, without the consent of the heirs of the persons whose remains are buried in such grave. No cemetery shall hereafter be located in any city or incorporated village, without the consent of the common council of such city, or the board of trustees of such, village, as the case may be. Amended by L. 1909, Ch. 274. In effect April 30, 1909. § ioo. Certificate of incorporation of fire corporations. Ten or more persons may become a fire, hose, protective or hook and ladder corporation by making, acknowledging and filing a certificate, stating the particular object for which the corporation is to be formed; the name of the proposed corporation; the city, village or town in which it proposes to act; the number of directors; and the names and places of residence of the per- sons to be directors until its first annual meeting. Such certificate shall not be filed without the approval indorsed thereupon, or annexed thereto, of a justice of the supreme court, nor unless there is annexed thereto a certified copy of a resolution of the board of trustees of the village, or the approval of the mayor of the city, or, if not within a, village or city, a resolution of the town board of the town in which the corporation proposes to act, consenting to its incorporation. On filing such certificate, in pursuance of law, the signers thereof, their associates and successors, shall be a corporation in accordance with the provisions of such certificate. Such corporations, formed in unincorporated villages, by their corporate name, shall, in law, be capable of taking, receiving, purchasing and holding real estate for the purposes of their incorporation, and for no other purpose, to an amount not exceeding the sum of thirty thousand dollars in value, and personal estate for like purposes to an amount not exceeding the sum of fifty thousand dollars in value. § ioi. Powers of fire corporations. A fire, hose, protective or a hook and ladder corporation, incorporated under this article or under a law repealed by this chapter, shall only engage in such business as properly belongs to a fire, hose, protective or hook and ladder corporation, in the city, village or town named in its certificate. In The Village Laws of New Yoek 415 participating in the prevention and extinguishment of fires, such corporation shall be under the control of the city or village authorities having by law, control over the prevention or extinguishment of fires therein. § 105. General powers conferred. Every corporation (fire corporation) formed under this article shall pos- sess the general powers conferred by and be subject to the provisions and restrictions of the general corporation law; and every active fireman who shall be a member of any department or company organized under the provisions of this article in unincorporated villages, shall be entitled to such exempticn.3 as were provided by chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled " An act for the incorporation of villages," and acts amendatory thereof. MILITARY LAW. (Chapter 36 of the Consolidated Laws.) 5 1. Persons subject to military duty; exemptions. All able-bodied male citizens, between the ages of eighteen and forty-five years, who are residents of this state, shall constitute the militia, subject to the following exemptions: 1. Persons exempted by the laws of the United States. 2. Persons exempted by the laws of this state. 3. All persons in the army, navy or volunteer forces of the United States, or who have been honorably discharged therefrom. 4. The members of any regularly organized fire or police department in any city, village or town, and exempt firemen who have served their full term in any fire company, but no member of the active militia shall be relieved from duty therein because of his joining any such fire company or department. 5. All persons who have served five years in the active militia of this state, and have received a full and honorable discharge. 6. Justices and clerks of courts of record; registers of deeds; sheriffs; ministers of the gospel; practicing physicians; superintendents, officers and assistants of hospitals, prisons and jails; light-house keepers; conductors and engineers of railways; seamen actually employed as such. 7. Idiots, lunatics, paupers, vagabonds, habitual drunkards and persons convicted of infamous crimes. All such exempted persons, except those enumerated in subdivision seven, shall be liable to military duty in case of war, insurrection, invasion or im- minent danger thereof. PERSONAL PROPERTY LAW. (Chapter 41 of the Consolidated Laws.) § 10. Definitions. The term " income of personal property,'' as used in this article, means the income or profits arising from personal property, and includes the in- terest of money and the produce of stock. 414 The Village Laws op New Yoek $ ii. Suspension of Ownership. The absolute ownership of personal property shall not be suspended by any limitation or condition, for a longer period than during the continuance and until the termination of not more than two lives in being at the date of the instrument containing such limitation or condition; or, if such in- strument be a last will and testament, for not more than two lives in being at the death of the testator. Iu other respects limitations of future or contingent interests in personal property, are subject to the rules prescribed in relation to future estates in real property. § 12. Gifts and bequests of personal property for charitable purposes. 1. No gift, grant, or bequest to religious, educational, charitable, or benevo- lent uses, which shall in other respects be valid under the laws of this state, shall be deemed invalid by reason of the indefiniteness or uncertainty of the persons designated as the beneficiaries thereunder in the instrument creating the same. If in the instrument creating such a gift, grant, or bequest there is a trustee named to execute the same, the legal title to the property given, granted, or bequeathed for such purposes shall vest in such trustee. If no person be named as trustee then the title to such property shall vest in the supreme court. 2. The supreme court shall have control over gifts, grants and bequests in all cases provided for by subdivision one of this section, and, whenever it shall appear to the court that circumstances have so changed since the execution of an instrument containing a gift, grant or bequest to religious, educational, charitable or benevolent uses as to render impracticable or impossible a literal compliance with the terms of such instrument, the court may, upon the application of the trustees or of the person or corporation having the custody of the property, and upon such notice as the court shall direct, make an order directing that such gift, grant or bequest shall be administered or expended in such manner as in the judgment of the court will most effectually accomplish the general purpose of the instrument, with- out regard to and free from any specific restriction, limitation or direction contained therein; provided, however, that no such order shall be made with- out the consent of the donor or grantor of the property if he be living. Amended by L. 1909, Ch. 144. In effect April 3, 1909. 3. The attorney-general shall represent the beneficiaries in all such cases, and it shall be his duty to enforce suoh trusts by proper proceedings in the courts. § 13. Certain educational and other charitable uses authorized. 1. Personal property may be granted, bequeathed, and conveyed to any incorporated college or other literary incorporated institution in this state, to be held in tru9t for any one or more of the following purposes: (1). To' establish and maintain an observatory; (2). To found and maintain professorships and scholarships; (3). To provide and keep in repair a place for the burial of the dead; or (4). For any other specific pnrposes comprehended in the general objects authorized by their respective charters. The said trusts may be created, subject, to such conditions and visitations as may be prescribed by the grantor or donor, and agreed to by said trustees, and all property which shall hereafter be granted to any incorporated college or other literary incorporated institution in trust for any of the aforesaid purposes, may be held by such college or institution upon such trusts, and The Village Laws of New Yoek 415 subject to such conditions and visitations aa may be prescribed and agreed to as aforesaid. 2. Personal estate may be granted, bequeathed, and conveyed to the corpo- ration of any city or village of this state, to be held in trust for any purpose of education, or the diffusion of knowledge, or for the relief of distress, or for parks, gardens, or other ornamental grounds, or grounds for the purposes of military parades and exercise, or health and recreation, within or near such incorporated city or village, upon such conditions as may be prescribed by the grantor or donor, and agreed to by such corporation. 3. Personal estate may be granted, or bequeathed to commissioners of common schools of any town, and to trustees of any school district, in trust for the benefit of the common schools of such town, or for the benefit of the schools of such district. 4. The trusts authorized by this section may continue for such time as may be necessary to accomplish the purposes for which they may be created. § 13-a. Trusts for care of cemetery lots, etc. Gifts, grants and bequests of personal property, in trust for the purpose of perpetual care and maintenance, improvement or embellishment of private burial lots in cemeteries, and the walks, fences, monuments, structures and tombs thereon, are permitted and shall be deemed to be for charitable and benevolent uses; and shall not be deemed to be invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instrument erecting the same, nor shall they be deemed invalid as violating any existing laws against perpetuities or suspension of the power of alienation of title to property. But nothing herein contained shall affect any existing authority of the courts to pass upon the reasonableness of the amount of such gift, grant or bequest. Added by L. 1909, Ch. 218. In effect April 20, 1909. § 14. Certain gifts for charitable and educational uses regulated. 1. Any person desiring, in his lifetime, to promote the public welfare by founding, endowing and having maintained a public library, museum or other educational institutions, or a chapel and crematory, within this state, may to that end and for such purposes by grant, in writing, convey to » trustee, or any number of trustees, named in such grant, and to their successors, any personal property belonging to such person. 2. The person making such grant may therein designate : (1). The nature, object and purposes of the institution to be founded, endowed and maintained. (2). The name by which it shall be known. (3). The powers and duties of the trustee or trustees and the manner in which he or they shall account, and to whom, if accounting be required; but such powers and duties shall not be held to be exclusive of other powers which may be necessary to enable such trustee or trustees to fully carry out the object of such grant. (4). The mode and manner, and by whom, the successors to the trustee or trustees named in the grant are to be appointed. (5). Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe; but such rules shall, unless the grantor otherwise prescribe, be deemed advisory only, and shall not pre- 416 The Village Laws oe New Yobk elude such trustee or trustees from making such changes as new conditions* may from time to time require. (6). The place or places where, and the time when, the building or build- ings necessary and proper for the institution shall be erected, and the char- acter and extent thereof. The person making such grant may therein pro- vide for all other things necessary and proper to carry out the purposes thereof, and especially may such person provide for such lectures, exhibitions, instruction or amusement in connection with such institution as he may deem desirable. 3. The trustee or trustees named in such grant and their successors, may in the name of the institution, as designated in such grant, sue and defend, in relation to the trust property and in relation to all matters affecting the institution endowed and established by such grant. 4. The person making such grant, by a. provision therein, may elect, in relation to the property conveyed and in relation to the erection, maintenance and management of such institution, to perform, during his life, all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees therein named. If the person making such grant, and making the election aforesaid, be » married person, such person may further provide that if the wife of suea person survive him, then such wife, during her life, may, in relation to the prop- erty conveyed, and in relation to the erection, maintenance and management of such institution, perform all the duties and exercise all the powers, which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees therein named, and in all such cases the powers and duties conferred and imposed by such grant upon the trustee or trustees therein named, shall be exercised and performed by the person making such grant, or by his wife during his or her life, as the case may be; provided, however, that upon the death of such person, or his surviving wife, as the case may be, such powers and duties shall devolve upon and shall be exercised by the trustee or trustees named in the grant and their successors. 5. The person making such grant may therein reserve the right to alter, amend or modify the terms and conditions thereof and the trusts therein created, in respect to any of the matters mentioned or referred to in paragraphs numbered one to six inclusive of subdivision two hereof; and may also therein reserve the right, during the life of such person, of absolute dominion over the personal property conveyed, without liability to account therefor in any manner whatever, and without any liability over against the estate of such person; and if any such person be married, such person may, in said grant, further provide that if his wife survive him, then such wife, during her life, may have the same dominion over such personal property, without liability to account therefor in any manner whatever, and without liability over against the estate of either of the spouses. 6. Any such grant may be executed, acknowledged and recorded in the same manner as is now provided by law for the execution, acknowledging and recording of grants of real property. 7. No suit, action or proceedings shall be commenced or maintained by any person to set aside, annul or affect said conveyance, or to' affect the title to the property conveyed, or the right to the possession, or to the issues and profits thereof, unless the same be commenced within two years after the The Village Laws of New Yoek 417 •date of filing such grant for record; nor shall any defense be made to any suit, action or proceeding commenced by the trustee or trustees named in said grant or their successors, privies or persons holding under them, which defense involves the legality of said grant, or affects the title to the property thereby conveyed, or the right to the possession or the issues and profits thereof, unless such defense is made in » suit, action or proceeding com- menced within two years after such grant shall have been filed for record. § 15. When income of trust fund is not alienable. 1. The right of the beneficiary to enforce the performance of a trust to receive the income of personal property, and to apply it to the use of any person, can not be transferred by assignment or otherwise. But the right and interest of the beneficiary of any other trust in personal property may be transferred. 2. The provisions of this section shall not impair or affect any rights exist- ing on March twenty-fifth, nineteen hundred and three. § 16. Validity of directions for accumulation of income. An accumulation of the income of personal property, directed by any instrument sufficient in law to pass such property is valid: 1. If directed to commence from the date of the instrument, or the death of the person executing the same, and to be made for the- benefit of one or more minors, then in being, or in being at such death, and to terminate at or before the expiration of their minority. 2. If directed to commence at any period subsequent to the date of the instrument or subsequent to' the death of the person executing it, and directed to commence within the time allowed for the suspension of the -absolute ownership of personal property, and at some time during the minority of the persons for whose benefit it is intended, and to terminate at or before the expiration of their minority. 3. All other directions for the accumulation of the income of personal property, not authorized by statute, are void. In either case mentioned in subdivisions one and two of this section a direction for any such accumula- tion for a longer term than the minority of the persons intended to be benefited thereby, has the same effect as if limited to the minority of such persons, and is void as respects the time beyond such minority. Provided that, the income arising from any personal property granted or conveyed, or bequeathed, in trust to any incorporated college or other incor- porated literary institution, for any of the purposes specified in section thirteen of this chapter, or for the purpose of providing for the maintenance. of any teacher in a grammar school or institute, may be permitted to accumulate until the same shall amount to a sum sufficient, in the opinion of the regents of the university, to carry into effect any of the charitable uses and trusts mentioned in either section thirteen of this chapter or in this paragraph of this section. Provided, if any of the principal of any trust fund actually received by any incorporated college, or other incorporated literary institution, or by the corporation of any city or village, or by the commissioners of common schools of any town, or by the trustees of any school district, under any .grant, conveyance, or bequest, for any of the purposes for which trusts 418 The Village Laws of New York are authorized under section thirteen of this chapter, shall subsequently become diminished from any cause, such diminution may be made up by the accumulation of the interest or income of the principal of such trust fund, in accordance with the directions, if any, contained in the grant, convey- ance, or bequest of such trust fund; and if no directions for that purpose- are contained in sueh grant, conveyance, or bequest, then such diminution may be made up in whole or in part by such accumulation, in the discre- tion of the trustees of such trust fund; but in no case shall such accumula- tion be allowed to increase the trust fund beyond the true amount or value thereof, actually received by the trustees, to be estimated after the deduction of all liens and incumbrances on such trust fund, and of all expenses incurred or paid by the trustees in the collection or obtaining the possession of the same. PUBLIC BUILDINGS LAW. (Chapter 47 of the Consolidated Laws.) § 80. Fire protection of public buildings. It shall be the duty of each superintendent or chief executive officer of each of the public institutions of the state, supported wholly or partly by the funds of the state, to provide that the following regulations for the protection of the inmates of said buildings and the buildings be complied with: There shall be provided a, sufficient number of stand-pipes, with con- nections or outlets on each floor, to which a length of fire hose shall be attached, to properly protect the entire floor surface. All fire hose must be tested at least once in three months under the direction of the engineer, and employees must be trained in its use. Not less than six portable fire- extinguishers for each floor of each building, hand grenades and fire-pails kept constantly filled with water and used for no other purpose shall be pro- vided. Bathtubs shall be kept filled with water during the night and pails ready for use placed near them. Suitable steps must be provided under windows used as exits to fire-escapes and all fire-escapes must be properly inclosed with wire netting. Wards of the state, if physically and mentally able, must be required to occasionally go up and down the outside iron stairways, which must be provided, in order to become accustomed to their use. If gas is used, the pressure shall be regulated by governor that the flow may be as nearly uniform as possible. All swinging gas jets in closets 1 , clothes-rooms, employees' rooms and in rooms occupied by wards of the state must be protected by wire screens. Gas stoves must be used only when absolutely necessary, and if used must be suitably inclosed with metal. Kerosene oil must not be used for lighting purposes unless the institution is not fully provided with gas or electric lights; and if sueh oil is used it must be of the highest fire test commercially obtainable. Candles must be' used only in an emergency, and on the express authorization of the superin- tendent or chief executive officer. None but safety matches, or those which can be used only on a specially prepared surface, must be allowed in or about the institution, and, so far as possible, matches should be dispensed with and electric-torches be supplied. All lanterns must be kept outside the buildings used for sleeping purposes, in charge of one person, who must regularly clean, replenish and distribute them. Painters' supplies and inflam- The Village Laws of New Yoek 419 1 mable liquids of all kinds must not be stored in buildings occupied by. wards of the state or employees. When oil or other inflammable substance is applied to floors, it must be applied only by persons skilled in its applica- tion, and all articles used in applying such inflammable material must be carefully destroyed after use. All attics and basements must be constantly kept free from rubbish or articles not necessary to the proper conduct of the institution, and must be regularly swept, cleaned and all broken or needless articles promptly removed. The moneys necessary to carry out the provisions of this section shall be supplied from the moneys annually appropriated for the maintenance of the above described institutions. § 81. Display of foreign flags on public buildings. It shall not be lawful to display the flag or emblem of any foreign coun- try upon any state, county or municipal building ; provided, however, that when- ever any foreigner shall become the guest of the United States, the state- or any city, upon public proclamation by the governor or mayor of such city, the flag of the country of which such public guest shall be a citizen may be displayed upon such public buildings. PUBLIC SERVICE COMMISSIONS LAW. (Chapter 48 of the Consolidated Laws.) L. 1910, Ch. 480. [By section of this chapter, the term " municipality," when used in this act, includes a city, village, town or lighting district, organized as provided by a general or special act.] Provisions Relating to Gas Corporations and Electrical Corporations; regula- tion of Price of Gas and Electricity. Section 64. Application of article. 65. Safe and adequate service; just and reasonable charges; unjust discrimination; unreasonable preference. '66. General powers of commissions in respect to gas and electricity. 67. Inspection of gas and electric meters. 68. Approval of incorporation and franchises; certificate. 69. Approval of issue of stock, bonds and other forms of indebtedness. 69a. Reorganizations. 70. Approval of transfer of franchise. 71. Complaints as to quality and price of gas and electricity; investi- gation by commission; forms of complaints. 72. Notice and hearing; order fixing price of gas or electricity, or requiring improvements. 73. Forfeiture for noncompliance with order. 74. Summary proceedings. 75. Defense in case of excessive charge for gas or electricity. 76. Jurisdiction. 77. Powers of local officers. 420 The Village Laws of New York § 64. Application of article. This article shall apply to the manufacture and furnishing of gas for light, heat or power and the furnishing of natural gas for light, heat or power, and the generation, furnishing and transmission of electricity for light, heat or power. § 65. Safe and adequate service; just and reasonable charges; unjust dis- crimination; unreasonable preference. 1. Every gas corporation, every electrical corporation and every munici- pality shall furnish and provide such service, instrumentalities and facilities aa shall be safe and adequate and in all respects, just and reasonable. All charges made or demanded by any such gas corporation, electrical corpora- tion or municipality for gas, electricity or any service rendered or to be rendered, shall be just and reasonable and not more than allowed by law or by order of the commission having jurisdiction. Every unjust or un- reasonable charge made or demanded for gas, electricity or any such service, or in connection therewith, or in excess of that allowed by law or by the order of the commission is prohibited. 2. No gas corporation, electrical corporation or municipality shall directly or indirectly, by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person or corporation a greater or less compensation for gas or electricity or for any service rendered or to be rendered or in connection therewith, except as authorized in this chapter, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service with respect thereto under the same or substantially similar circumstances or conditions. 3. No gas corporation, electrical corporation or -municipality shall make or grant any undue or unreasonable preference or advantage to any person, corporation or locality, or to any particular description of service in any respect whatsoever, or subject any particular person, corporation or locality or any particular description of service to any undue or unreasonable preju- dice or disadvantage in any respect whatsoever. 4. Nothing in this chapter shall be taken to prohibit a gas corporation or electrical corporation from establishing n sliding scale for a fixed period for the automatic adjustment of charges for gas, electricity or any service rendered or to be rendered and the dividends to be paid to stockholders of such gas corporation or electrical corporation, provided that the sliding scale shall first have been filed with and approved by the proper commission; but nothing in this subdivision shall operate to prevent the commission after the expiration of such fixed period from fixing proper, just and reasonable rates and charges to be made for service as authorized in this article. § 66. General powers of commissions in respect to gas and electricity. Each commission shall within its jurisdiction: 1. Have general supervision of all gas corporations and electrical corpo- rations having authority under any general or special law or under any charter or franchise to lay down, erect or maintain wires, pipes, conduits, ducts or other fixtures in, over or under the streets, highways and public places of any municipality, for the purpose of furnishing or distributing gas or of furnishing or transmitting electricity for light, heat or power, or The Village Laws of New Yobk 421 maintaining underground conduits or ducts for electrical conductors, and all gas plants and electric plants owned, leased or operated by any gas cor- poration or electrical corporation. 2. Investigate and ascertain, from time to time, the quality of gas sup- plied by persons, corporations and municipalities; examine or investigate the methods employed by such persons, corporations and municipalities in manu- facturing, distributing and supplying gas or electricity for light, heat or power and in transmitting the same, and have power to order such reason- able improvements as will best promote the public interest, preserve the public health and protect those using such gas or electricity and those em- ployed in the manufacture and distribution thereof, and have power to order reasonable improvements and extensions of the works, wires, poles, lines, • conduits, ducts and other reasonable devices, apparatus and property of gas -corporations, electrical corporations and municipalities. 3. Have power by order to fix from time to time standards for the meas- urement of the purity of gas and for the measurement of the illuminating power of gas and for the measurement of the heating power of gas to be manufactured, distributed or sold by persons, corporations or municipalities for lighting, heating or power purposes, notwithstanding that another stand- ard for the measurement of any thereof may have been fixed by statute, and to prescribe from time to time the efficiency of the electric supply sys- tem, of the current supplied and of the lamps furnished by the persons, cor- porations or municipalities generating and selling electric current, and by order to require the gas so manufactured, distributed or sold to equal the standards so fixed by it, and to prescribe from time to time the reasonable minimum and maximum pressure at which gas shall be delivered by said per- sons, corporations or municipalities. For the purpose of determining whether the gas manufactured, distributed or sold by such persons, corporations or municipalities for lighting, heating or power purposes conforms to the stand- ards of illuminating power, heating power, purity and pressure, and for the purpose of determining whether the efficiency of the electric supply system, of the current supplied and of the lamps furnished conforms to the orders issued by the commission, the commission shall have power, of its own motion, to examine and investigate the plants and methods employed in manufactur- ing, delivering and supplying gas or electricity, and shall 'have access through its members or persons employed and authorized by it to make such exami- nations and investigations to all parts of the manufacturing plants owned, used or operated for the manufacture, transmission or distribution of gas or electricity by any such person, corporation or municipality. Any em- ployee or agent of the commission who divulges any fact or information which may come to his knowledge during the *the course of any such inspec- tion or examination, except in so far as he may be directed by the commission, or by a court or judge thereof, or authorized by law, shall be guilty of a mis- demeanor. Amended by L. 1913, ch. 504. In effect May 14, 1913. 4. Have power, in its discretion, to prescribe uniform methods of keeping accounts, records and books, to be observed by gas corporations and elec- trical corporations and by municipalities engaged in the manufacture, sale and distribution of gas and electricity for light, heat or power. It may also in its discretion prescribe, by order, forms of accounts, records and memo- randa to be kept by such persons, corporations and municipalities. Notice of alterations by the commission in the required method or form of keepmg a system of accounts shall be given to such persons or corporations by the commission at least six months before the same shall take effect. Any other *So in original. 422 The Village Laws of New Yoek and additional forms of accounts, records and memoranda kept by such", corporation shall be subject to examination by the commission. 5. Examine all persons, corporations and municipalities under its super- vision and keep informed as to the methods, practices, regulations and. property employed by them in the transaction of their business. Whenever the commission shall be of opinion, after a hearing had upon its own motion or upon complaint, that the rates or charges or the acts or regulations of any such person, corporation or municipality are unjust, unreasonable, un- justly discriminatory or unduly preferential or in anywise in violation of any provision of law, the commission shall determine and prescribe the just and reasonable rates and charges thereafter to be in force for the service to be furnished notwithstanding that » higher rate or charge has heretofore been authorized by statute, and the just and reasonable acts and regulations to be done and observed; and whenever the commission shall be of opinion, after a hearing had upon its own motion or upon complaint, that the prop- erty, equipment or appliances of any such person, corporation or municipality are unsafe, inefficient or inadequate, the commission shall determine and prescribe the safe, efficient and adequate property, equipment and appliances thereafter to be used, maintained and operated for the security and accom- modation of the public and in compliance with the provisions of law and of their franchises and charters. ' 6. Require every person and corporation under its supervision and it shall be the duty of every such person and corporation to file with the commission an annual report, verified by the oath of the president, treasurer, general manager or receiver, if any, thereof. The verification shall be made by said official holding office at the time of the filing of said report, and if not made upon the knowledge of the person verifying the same shall set forth the sources of his information and the grounds of his belief as to any matters not stated to be verified upon his knowledge. The report shall show in detail (a) the amount of its authorized capital stock and the amount thereof issued and outstanding; (b) the amount of its authorized bonded in- debtedness and the amount of its bonds and other forms of evidence of indebtedness issued and outstanding; (c) its receipts and expenditures during" the preceding year; (d) the amount paid as dividends upon its stock and as interest upon its bonds; (e) the names of its officers and the aggregate amount paid as salaries to them and the amount paid as wages to its em- ployees; (f) the location of its plant or plants and system, with a full description of its property and franchises, stating in detail how each fran- chise stated to be owned was acquired; and (g) such other facts pertaining" to the operation and maintenance of the plant and system, and the affairs of such person or corporation as may be required by the commission. Such reports shall be in the form, cover the period and be filed at the time pre- scribed by the commission. The commission may, from time to time, make changes and additions in such forms. When any such report is defective or believed to be erroneous, the commission shall notify the person, corporation or municipality making such report to amend the same within a time pre- scribed by the commission. Any such person or corporation or municipality which shall neglect to make any such report or which shall fail to correct any such report within the time prescribed by the commission shall be liable to a penalty of one hundred dollars and an additional penalty of one hundred dollars for each day after the prescribed time for which it The Village Laws of New Yoek 423 shall neglect to file or correct the same, to be sued for in the name of the people of the state of New York. The amount recovered in any such action shall be paid into the state treasury and be credited to the general fund. The commission may extend the time prescribed for cause shown. 7. Require each municipality engaged in operating any works or systems for the manufacture and supplying of gas or electricity to make an annual report to the commission, verified by the oath of the general manager or superintendent thereof, showing in detail, (a) the amount of its authorized bonded indebtedness and the amount of its bonds and other forms of evi- dence of indebtedness issued and outstanding for lighting purposes; (b) its receipts and expenditures during the preceding year; (c) the amount paid as interest upon its bonds and upon other forms of evidence of indebted- ness; (d) the name of and the amount paid to each person receiving a yearly or monthly salary, and the amount paid as wages to employees; (e) th& location of its plant and system with a, full description of the property; and (f) such other facts pertaining to the operation and maintenance of the plant and system as may be required by the commission. Such report shall be in the form, cover the period and be filed at the time prescribed by the commission. 8. Have power, either through its members or inspectors or employees duly authorized by it, to enter in or upon and to inspect the property, buildings, plants, factories, power houses, ducts, conduits and offices of any such cor- porations, persons or municipalities. 9. Have power to examine the accounts, books, contracts, records, docu- ments and papers of any such corporation, person or municipality, and have power, after hearing, to prescribe by order the accounts in which particular outlays and receipts shall be entered, charged or credited. ,j, 10. Have power to compel, by subpoena duces tecum, the production of any accounts, books, contracts, records, documents, memoranda and papers. In lieu of requiring production of originals by subpoena duces tecum the com- mission or any commissioner may require sworn copies of any such books, records, contracts, documents and papers, or parts thereof, to be filed with it. The commission may require of all such corporations, persons or munici- palities, specific answers to questions upon which the commission may need information, and may also require such corporations, persons or municipalities to file periodic reports in the form, covering the period and filed at the time prescribed by the commission. If such corporation, person or municipality shall fail to make specific answer to any question or shall fail to make a periodic report when required by the commission as herein provided within the time and in the form prescribed by the commission for the making and filing of any such report or answer, such corporation, person or the officer of the municipality shall forfeit to the state the sum of one hundred dollars for each and every day it shall continue to be in default with respect to such report or answer. Such forfeiture shall be recovered in an action brought by the commission in the name of the people of the state of New York. The amount recovered in any such action shall be paid into the state treasury and be credited to the general fund. 11. Have power in all parts of the state, either as a commission or through its members, to subpoena witnesses, take testimony and administer oaths to /witnesses in any proceeding or examination instituted before it, or con- 424 The Village Laws of New Yobk ducted by it in reference to any matter within its jurisdiction under this article. 12. Have power to require every gas corporation, electrical corporation and municipality to file with the commission and to print and keep open to public inspection schedules showing all rates and charges made, established or en- forced or to be charged or enforced, all forms of contract or agreement and all rules and regulations relating to rates, charges or service used or to be used, and all general privileges and facilities granted or allowed by such gas corporation, electrical corporation or municipality; but this subdivision shall not apply to state, municipal or federal contracts. Unless the commis- sion otherwise orders, no change shall be made in any rate or charge, or in any form of contract or agreement or any rule or regulation relating to any rate, charge or service, or in any general privilege or facility, which shall have been filed and published by a gas corporation, an electrical cor- poration or municipality in compliance with an order of the com- mission, except after thirty days' notice to the commission and publica- tion for thirty days as required by order of the commission, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the change will go into effect. The commission for good cause shown may allow changes without requiring the thirty days' notice under such conditions as it may prescribe. Xo corporation or munici- pality shall charge, demand, collect or receive a greater or less or different compensation for any service rendered or to be rendered than the rates and charges applicable to such services as specified in its schedule filed and in effect at the time; nor shall any corporation or municipality refund or remit in any manner or by any device any portion of the rates or charges so specified, nor extend to any person or corporation any form of contract or agreement," or any rule or regulation, or any privilege or facility, except such as are regularly and uniformly extended to all persons and corporations under like circumstances. The commission shall have power to prescribe the form of every such schedule, and from time to time prescribe by order- such changes in the form thereof as may be deemed wise. The commission shall also have power to establish such rules and regulations to carry into effect the provisions of this subdivision as it may deem necessary, and to modify or amend such rules or regulations from time to time. 13. In case any electrical corporation or gas corporation is engaged in carrying on any business other than owning, operating or managing a gas plant or an electric plant, which other business is not otherwise subject to the jurisdiction of the commission, and is so conducted that its operations are to be substantially kept separate and apart from the owning, operating, managing or controlling of such gas plant or electric plant, said corporation in respect of such other business shall not be subject to any of the provisions of this chapter and shall not be required to procure the assent or authoriza- tion of the commission to any act in such other business or to make any report in respect thereof. But this subdivision shall not restrict or limit the powers of the commission in respect to the owning, operating, managing or controlling by such corporation of such gas plant or electric plant, and said powers shall include also the right to inquire as to, and prescribe the apportionment of, capitalization, earnings, debts and expenses fairly and justly to be awarded to or borne by the ownership, operation, management or control of such gas plant or electric plant as distinguished from such. The Village Laws of jSIew Yoek 425 ether business. In any such ease if the owning, operating, managing or controlling of such gas plant or electric plant by any such corporation is- "wholly subsidiary and incidental to the other business carried on by it and is inconsiderable in amount and not general in its character, the commission may by general rules exempt such corporation from making full reports and from the keeping of accounts as to such subsidiary and incidental business. § 67. Inspection of gas and electric meters. 1. Each commission shall appoint inspectors of gas meters whose duty it shall be when required by the commission to inspect, examine, prove and ascertain the accuracy of any and all gas meters used or intended to be used for measuring or ascertaining the quantity of gas for light, heat or power furnished by any person, corporation or municipality to or for the use of any person or persons and when found to be or made to be correct, the inspector shall seal all such meters and each of them with some suitable device, which device shall be recorded in the office of the secretary of state. 2. No corporation, person or municipality shall furnish, set or put in use any gas meter which shall not have been inspected, proved and sealed by an inspector of the commission. 3. Each commission shall appoint inspectors of electric meters whose duty it shall be, when required by the commission, to inspect, examine and ascer- tain the accuracy of any and all electric meters used or intended to be used for measuring and ascertaining the quantity of electric current furnished for light, heat or power by any person, corporation or municipality to or for the use of any person or corporation, and to inspect, examine and ascer- tain the accuracy of all apparatus for testing and proving the accuracy of electric meters, and when found to be or made to be correct the inspector shall stamp or mark all such meters and apparatus with some suitable device, which device shall be recorded in the office of the secretary of state. No corporation, person or municipality shall furnish, set or put in use any electric meter the type of which shall not have been approved by the commission. 4. Every gas corporation, electrical corporation and municipality shall provide, repair and maintain such suitable premises and apparatus and facilities as may be required and approved by the commission for testing and proving the accuracy of gas and electric meters furnished for use by it, and by which apparatus every meter may be tested. 5. If any consumer to whom » meter has been furnished shall request, the commission in writing to inspect such meter, the commission shall have the same inspected and tested; if the same on being so tested shall be found to be more than four per centum if an electric meter, or more than two per centum if » gas meter, defective or incorrect to the preju- dice of the consumer, the expense of such inspection and test shall be borne by the corporation or municipality, if the same on being so tested, shall be found to be correct within the limits of error prescribed by the- provisions of this subdivision, the expense of such inspection and test shall be borne by the consumer. 6. The commission shall prescribe such rules and regulations to carry into effect the provisions of this section as it may deem necessary, and shall fix uniform reasonable charges for the inspection and testing of meters upon complaint. 426 The Village Laws of New Yobk S 68. Approval of incorporation and franchises; certificate. No gas corporation or electrical corporation shall begin construction of a gas plant or electric plant without first having obtained the permission, and approval of the commission of each district within which any part of the work of construction is to be performed. No such corporation shall exercise any right or privilege under any franchise hereafter granted, or under and franchise heretofore granted but not heretofore actually exercised, or the exercise of which shall have been suspended for more than one year, without first having obtained the permission and approval of the proper commission. Before such certificate shall be issued a. certified copy of the charter of such corporation shall be filed in the office of the commission, together with a verified statement of the presi- dent and secretary of the corporation, showing that it has received the required consent of the proper municipal authorities. The commission •within whose district such construction is to be made, or within whose district such right, privilege or franchise is to be exercised, shall have power to grant the permission and approval herein specified whenever it shall after due hearing determine that such construction or such exercise of the right, privilege or franchise is necessary or convenient for the public service. No municipality shall build, maintain and operate for other than munic- ipal purposes any works or systems for the manufacture and supplying of .gas or electricity for lighting purposes without a certificate of authority granted by the commission. If the certificate of authority is refused, no further proceedings shall be taken by such municipality before the com- mission, but a new application may be made therefor after one year from the date of such refusal. § 69. Approval of issues of stock, bonds and other forms of indebtedness. A gas corporation or electrical corporation organized or existing, or here- after incorporated, under or by virtue of the laws of the state of New York, may issue stocks, bonds, notes or other evidence of indebtedness payable at periods of more than twelve months after the date thereof, when necessary for the acquisition of property, the construction, completion, extension or improvement of its plant or distributing system, or for the improvement or maintenance of its service or for the discharge or lawful refunding of its obligations or for the reimbursement of moneys actually expended from income, or from any other moneys in the treasury of the corporation not secured or obtained from the issue of stocks, bonds, notes or other evidence of indebtedness of such corporation, within five years next prior to the filing of an application with the proper commission for the required authorization, for any of the aforesaid purposes except maintenance of service and except replacements in cases where the applicant shall have kept its accounts and vouchers of such expenditure in such manner as to enable the commission to ascertain the amount of moneys so expended and the purposes for which such expenditure was made; provided and not otherwise that there shall have been secured from the proper commission an order authorizing such issue, and the amount thereof, and stating the purposes to which the issue or proceeds thereof are to be applied, and that, in the opinion of the com- mission, the money, property or labor to be procured or paid for by the issue of such stock, bonds, notes or other evidence of indebtedness is or The Village Laws of New Yoek 427 has been reasonably required for the purposes specified in the order, and that except as otherwise permitted in the order in the ease of bonds, notes and other evidence of indebtedness, such purposes are not in whole or in part reasonably chargeable to operating expenses or to income. Nothing herein contained shall prohibit the commission from giving its consent to the issue of bonds, notes or other evidence of indebtedness for the reimbursement of moneys heretofore actually expended from the income for any of the afore- said purposes, except maintenance of service and replacements, prior to five years next preceding the filing of an application therefor, if in the judgment of the commission such consent should be granted; provided application for such consent shall be made prior to January first, nineteen hundred and twelve. For the purpose of enabling it to determine whether it should issue such an order, the commission shall make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers, documents or con- tracts as it may deem of importance in enabling it to reach a determination. Such corporation shall not without the consent of the commission apply said issue or any proceeds thereof to any purpose not specified in such order. Such gas corporation or electrical corporation may issue notes, for proper corporate purposes and not in violation of any provision of this or of any other act, payable at periods of not more than twelve months without such consent; but no such notes shall, in whole or in part, directly or indirectly ■be refunded by any issue of stock or bonds or by evidence of indebtedness 1 running for more than twelve months without the consent of the proper ! commission. Provided, however, that the commission shall have no power to authorize the capitalization of any franchise to be a corporation or to author- ize the capitalization of any franchise or the right to own, operate or enjoy any franchise whatsoever in excess of the amount (exclusive of any tax or annual charge) actually paid to the state or to any political subdivision thereof as the consideration for the grant of such franchise or right. Nor shall the capital stock of a corporation formed by the merger or consolida- tion of two or more other corporations., exceed the sum of the capital stock of the corporations, so consolidated, at the par value thereof, or such sum and any additional sum actually paid in cash; nor shall any contract for consolidation or lease be capitalized in the stock of any corporation whatever; nor shall any corporation hereafter issue any bonds against or as a lien upon any contract for consolidation or merger. § 69a. Reorganizations. 1. Reorganizations of gas corporations and electrical corporations pursuant to sections nine and ten of the stock corporation law and such other statutes as may be enacted from time to time shall be subject to the supervision and control of the proper commission, and no such reorganization shall be had without the authorization *of such commission. 2. Upon all such reorganizations the amount of capitalization, including therein all stocks and bonds and other evidence of indebtedness, shall be such as is authorized by the commission, which, in making its determination shall not exceed the fair value of the property involved, taking into consideration its original cost of construction, duplication cost, present condition, earning power at reasonable rates and all other relevant matters and any additional sum or sums as shall be actually paid in cash, provided, however, that the commission may make due allowance for discount of bonds. Any reorganiza- tion agreement before it becomes effective shall be amended so that the amount of capitalization shall conform to the amount authorized by the commission. Added by L. 1912, ch. 289. In effect Apr. 12, 1912. § 70. Approval of transfer of franchise. No gas corporation or electrical corporation shall transfer or lease its franchise works or system or any part of such franchise, works or system to any other person or corporation or contract for the operation of its works and system, without the written consent of the proper commission. The per- mission and approval of the commission, to the exercise of a franchise un- der sixty-eight of this chapter, or to the assignment, transfer or lease of a franchise under this section shall not be construed to revive or validate any lapsed or invalid franchise or to enlarge or add to the powers and privileges 428 The Village Laws of New Yoek. contained in the grant of any franchise or to waive any forfeiture. No such corporation shall directly or indirectly acquire the stock or bonds of any other corporation invorpurated for, or engaged in, the same or a similar business, or proposing i-> operate or operating under a franchise from the same or any other municipality, neither shall any street railroad corpora- tion acquire the stock or bonds of any electrical corporation, unless authorized so to do by the commission. Save where stock shall be transferred or held for the purpose of collateral security only with the consent of the commis- sion empowered by this chapter to give such consent, no stock corporation of any description, domestic or foreign, other than a gas corporation or elec- trical corporation or street railroad corporation, shall purchase or acquire, take or hold, more than ten per centum of the total capital stock issued by any gas corporation or electrical corporation organized or existing under or by virtue of the laws of this state, except that a corporation now lawfully holding a majority of the capital stock of any gas corporation or electrical corporation may with the consent of the commission acquire and hold the remainder of the capital stock of such gas corporation or electrical corpora- tion or any portion thereof. Nothing herein contained shall be construed to prevent the holding of stock heretofore lawfully acquired, or to prevent, upon the surrender or exchange of said stock pursuant to a reorganization plan, the purchase, acquisition, taking or holding of a proportionate amount of stock of any new corporation organized to take over, at foreclosure or other sale, the property of any corporation whose stock has been thus surrendered or exchanged. Every contract, assignment, transfer or agreement for trans- fer of any stock by or through any person or corporation to any corporation, in violation of any provision of this chapter shall be void and of no effect, and no such transfer or assignment shall be made upon the books of any such gas corporation, or electrical corporation, or shall be recognized as effec- tive for any purpose. Amended by L. 1911, ch. 788. ! 71. Complaints as to quality and price of gas and electricity; investigation by commission; forms of complaints. Upon the complaint in writing of the mayor of a city, the trustees of a village or the town board of a town in which a person or corporation is authorized to manufacture, sell or supply gas or electricity for heat, light or power, or upon the complaint in writing of not less than one hundred customers or purchasers of such gas or electricity in cities of the first or second class, or of not less than fifty in cities of the third class, or of not less than twenty-five elsewhere, or upon complaint of a gas corporation or electrical corporation supplying said gas or electricty, as to the illuminating power, purity, pressure or price of gas, the efficiency of the electric incan- descent lamp supply, the voltage of the current supplied for light, heat or power, or price of electricity sold and delivered in such municipality, the proper commission shall investigate as to the cause for such complaint. When such complaint is made, the commission may, by its agents exam- iners and inspectors, inspect the works, system, plant, devices, appliances and methods used by such person or corporation in manufacturing, trans- mitting and. supplying such gas or electricity, and may examine or cause to be examined the books and papers of such 'person or corporation pertain- ing to the manufacture, sale, transmitting and supplying of such gas or electricity. The form and contents of complaints made as provided in this section shall be prescribed by the commission. Such complaints shall be signed by the officers, or by the customers, purchasers or subscribers making them, who must add to their signatures their places of residence, bv street and number, if any. The Village Laws of New York 429 S 72. Notice and hearing; order fixing price of gas or electricity, or requir- ing improvement. Before proceeding under a complaint presented as provided in section seventy-one, the commission shall cause notice of such complaint, and the purpose thereof, to be served upon the person or corporation affected thereby- Such person or corporation shall have an opportunity to be heard in respect to the matters complained of at a time and place to be specified in such notice. An investigation may be instituted by the commission as to any matter of which complaint may be made, as provided in section seventy-one- of this chapter, or to enable it to ascertain the facts requisite to the exer- cise of any power conferred upon it. After a hearing and after such an investigation as shall have been made by the commission or its officers,, agents, examiners or inspectors, the commission within lawful limits may,, by order, fix the maximum price of gas or electricity not exceeding that fixed, by statute to be charged by such corporation or person, for the service to be- furnished; and may order such improvement in the manufacture, distribution or supply of gas, in the manufacture, transmission or supply of electricity, or in the methods employed by such person or corporation, as will in its judgment be adequate, just and reasonable. The price fixed by the commis- sion under this section or under subdivision five of section sixty-six shall be the maximum price to be charged by such person, corporation or munici- pality for gas or electricity for the service to be furnished within the terri- tory and for a period to be fixed by the commission in the order, not exceed- ing three years except in the case of a sliding scale, and thereafter until the commission shall, upon its own motion or upon the complaint of any corporation, person or municipality interested, fix a higher or lower maxi- mum price of gas or electricity to be thereafter charged. In determining- the price to be charged for gas or electricity the commission may consider all facts which in its judgment have any bearing upon a proper determina- tion of the question although not set forth in the complaint and not within the allegations contained therein, with due regard among other things to- il reasonable average return upon capital actually expended and to the neces- sity of making reservations out of income for surplus and contingencies. § 73. Forfeiture for noncompliance with order. Every gas corporation and electrical corporation and the officers, agents and employees thereof shall obey, observe and comply with every order made by the commission under authority of this chapter so long as the same shall be and remain in force. Any such person or corporation, or any officer, agent or employee thereof, who knowingly fails or neglects to obey or comply with such order, or any provision of this chapter, shall forfeit to the state of New York not to exceed the sum of one thousand dollars for each offense. Every distinct violation of any such order or of this chapter shall be a separate and distinct offense, and in case of a continuing viola- tion each day shall be deemed a separate and distinct offense. § 74. Summary proceedings. Whenever either commission shall be of opinion that a gas corporation, electrical corporation or municipality within its jurisdiction is failing or omitting or about to fail or omit to do anything required of it by law or 430 The Village Laws of New Yoek ly order of the commission or is doing anything or about to do anything- •or permitting anything or about to permit anything to be done, contrary "to or in violation of law or of any order of the commission, it shall direct counsel to the commission to commence an action or proceeding in the supreme court of the state of New York in the name of ths commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunction. Counsel to the commission shall thereupon begin such action or proceeding by a petition to the supreme -court alleging the violation complained of and praying for appropriate relief t>y way of mandamus or injunction. It shall thereupon be the duty of the •court to specify the time not exceeding twenty days after service of a copy of the petition within which the gas corporation, electrical corporation or municipality complained of must answer the petition. In case of default in answer or after answer, the court shall immediately inquire into the facts -and circumstances in such manner as the court shall direct without other or formal pleadings, and without respect to any technical requirement. Such other persons or corporations, as it shall seem to the court necessary or proper to join as parties in order to make its order, judgment or writs! ■effective, may be joined as parties upon application of counsel to the com- mission. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a writ of mandamus or an injunction or both issue as prayed for in the petition or in such modified -or other form as the court may determine will afford appropriate relief. ^ 75. Defense in case of excessive charges for gas or electricity. If it be alleged and established in an action brought in any court for "the collection of any charge for gas or electricity, that a price has been •demanded in excess of that fixed by the commission or by statute in the municipality wherein the action arose, no recovery shall be had therein, but the fact that such excessive charges have been made shall be a complete "defense to such action. 1 76. Jurisdiction. The words " proper commission,'' when used in this article, mean the com- mission of the district within which the person or corporation affected sup- plies or proposes to supply the whole or the greater part of the service rendered by it. But nothin herein contained shall be construed to deprive the commission of either district of the power of supervision and regulation within its district. And either commission shall have power to enter and inspect the plant of such corporation, wherever situated. § 77. Powers of local officers. If in any city of the first or second class there now exists or shall here- after be created a board, body or officer having jurisdiction of matters per- taining to gas or electric service, such board, body or officer shall have and may exercise such power, jurisdiction and authority in enforcing the laws of the state and the orders, rules and regulations of the commission as may foe prescribed by statute or by the commission. The Village Laws of New Yokk 431 RAILROAD LAW. \ (Chapter 49 of the Consolidated Laws.) L. 1910, Ch. 481. § 53. Sign boards and flagmen at crossings. Every railroad corporation shall cause a sign board to be placed, well supperted and constantly maintained, at every crossing where its road is crossed by a public highway at grade. Such sign board shall be of a, shape and design to be approved by the public service commission, and shall have suitable words painted thereon to warn travelers of the existence of such grade crossing. The commission shall have power to prescribe the location and elevation of such sign and the words of warning thereon. The commis- sion may dispense with the use of such sign boards at such crossings as it may designate in cities and villages. At any point where a, railroad crosses a street, highway, turnpike, plank-road, or traveled way at grade, or where a steam railroad crosses a street railroad at grade, and the corporation owning or operating such railroad, refuses, upon request of the local authori- ties, to station a flagman or erect gates, to be opened and closed when an engine or train passes, the public service commission may, upon the appli- cation of the local authorities and upon ten days' notice to the corporation, order that a flagman be stationed at such point, or that gates shall be erected thereat, and that a person be stationed to open and close them when an engine or train passes, or may make such other order respecting the same as it deems proper. Whenever the crossing by a railroad at gradj of the streets, highways, turnpikes, plank-roads or traveled ways of any village or city, having a population by the last state or federal enumeration of less than fifty thousand, shall be protected by gates with persons to open and close the same, when an engine or train passes, the local authorities of the city or village shall not impose any limitation, less than forty miles -an hour, on the rate of speed at which such engine or train shall be run, or enforce any existing limitation upon such rate of speed, less than forty miles an hour. As amended by L. 1901, Oh. 301, § 1. f 90. New streets across railroads. When a new street, avenue, highway or road or new portion of a street, avenue, highway or road, or a state or county highway or county road de- viating from the line of an existing highway or road, shall hereafter be constructed across a steam surface railroad, other than pursuant to the provisions of section ninety-one of this chapter, such street, avenue, highway or road or portion of such street, avenue, highway or road, shall pass over or ■under such railroad or at grade, as the public service commission shall direct. Notice of intention to lay out such street, avenue, highway, or road, or new portion of a street, avenue, highway or road, across a steam sur- iace railroad shall be given to such railroad company by the municipal cor- poration at least fifteen days prior to the making of the order laying out such street, avenue, highway or road by service personally on the president ,«r vice-president of the railroad corporation, or any general officer thereof. 432 The Village Laws of New Yobk In case of the construction of a state or county highway which deviates front the line of an existing highway across a steam surface railroad, a like notice- shall be given to such railroad company by the state commission of high- ways at least fifteen days prior to the adoption of the maps, plans and specifications for such state or county highway by such commission. Such notice shall designate the time when and place where a hearing will be given to such railroad company, and such railroad company shall have the right to be heard before the authorities of such municipal corporation upon the question of the necessity of such street, avenue, highway or road, or before the state commission of highways in case of a state or county highway, on the question of the location of such highway. If the municipal corporation determines such street, avenue, highway or road to be necessary, or if the state commission, of highways determines that such state or county high- way which deviates from the line of an existing highway shall be con- structed across such railroad at the place indicated in the maps, plans and specifications therefor, such municipal corporation or commission of highways shall then apply to the public service commission before any further pro- ceedings are taken, to determine whether such street, avenue, highway or road shall pass over or under such railroad or at grade. The public service commission shall thereupon appoint a time and place for hearing such appli- cation, and shall give such notice thereof as it shall judge reasonable, not however less than ten days, to the railroad company whose railroad is to be crossed by such new street, avenue, highway or road, or new portion of a street, avenue, highway or road, to the state commission of highways, or in the case of a state or county highway which deviates from the line of an existing highway, to the municipal corporation and to the owners of land adjoining the railroad and that part of the street, avenue, highway or road to be opened, extended or constructed. The public service commission shall determine whether such street, avenue, highway or road, or new portion of a street, avenue, highway or road, or state or county highway shall be con- structed over or under such railroad or at grade. If said commission de- termine that such street, avenue, highway or road shall be carried across such railroad above grade, then said commission shall determine the height, the length and the material of the bridge or structure by means of which such street, avenue, highway or road shall be carried across such railroad, and the length, character and grades of the approaches thereto. If said com- mission shall determine that such street, avenue, highway or road shall be constructed or extended below the grade, said commission shall determine the manner and method in which the same shall be so carried under, and the grade or grades thereof, and if said commission shall determine that said street, avenue, highway or road shall be constructed or extended at grade, said commission shall determine the manner and method in which the same shall be carried over said railroad at grade and what safeguards shall be maintained. The decision of the commission as to the manner and method of carrying such new street, avenue, highway or road, or new portion of a street, avenue, highway or road, or state or county highway which deviates from the line of an existing highway, across such railroad shall be final, sub- ject however to the right of appeal hereinafter given.- The decision of said commission rendered in any proceeding under this section shall be communi- cated within twenty days after final hearing to all parties to whom notice- The Village Laws of New Yobk 433 ■of the hearing in such proceeding was given, or who appeared at such hearing by counsel or in person. Amended by L. 1913, ch. 744. In effect May 26, 1913. $ 91. Petition for alteration of existing crossing. The mayor and common council of any city, the president and trustees of any village, the town board of any town, the board of supervisors of any county within Which a street, avenue, highway or road crosses or is crossed by a steam surface railroad at grade, or any steam surface railroad com- pany, whose road crosses or is crossed by a street, avenue, highway or road at grade, may bring their petition in writing to the public service commis- sion, therein alleging that public safety requires an alteration in the manner of such crossing, its approaches, the method of crossing, the location of the crossing, the closing and discontinuance of a crossing and the diversion of the travel thereon to another street, avenue, highway, road or crossing, or if not practicable to change such crossing from grade or to close and dis- continue the same, the opening of an additional crossing for the partial •diversion of travel from the grade crossing, and praying that the same may be ordered. Where a street, avenue, highway or road in a city, village, town or county, which crosses or is crossed by a steam surface railroad at grade is a part of a highway which the state commission of highways shall have -determined to construct or improve as a state or county highway, as pro- vided in article six of the highway law, such commission of highways may bring a petition containing any of the allegations above specified and praying for a like order. Upon any such petition being brought the public service commission shall appoint a time and place for hearing the petition, and shall .give such personal notice thereof as it shall judge reasonable, of not less than ten days, however, to such petitioner, the railroad company, the munici- pality in which such crossing is situated, and if such crossing is in whole or in part in an incorporated village having not to exceed twelve hundred inhabitants, also to the supervisor or supervisors of the town or towns in which such crossing is situated; and in all cases to the owners of the lands adjoining such crossing and adjoining that part of the street, avenue, high- way or road to be changed in grade or location, or the land to be opened for a new crossing, and to the state commission of highways in case of a state or county highway. The public service commission shall cause notice of said hearing to be advertised in at least two newspapers published in the locality affected by the application. Upon such notice and after a hearing the public service commission %hall determine what alterations or changes, if any, shall be made. If the application be made by the state commission of highways in respect to a street, avenue, highway or road proposed to be constructed or improved as a part of a state highway, the decision shall state whether such highway shall cross such railroad above or below the grade of the 434 The Village Laws of New Yobk lighway; in case of a county highway, such decision shall state whether sucht ihighway shall cross such railroad at grade, or above or below the grade of the highway. The decision of said public service commission rendered in any proceeding under this section shall be communicated within twenty days after final hearing to all parties to whom notice of the hearing in said proceed- ing was given, or who appeared at said hearing by counsel or in person- Any person aggrieved by such decision, or by a decision made pursuant to •sections eighty-nine and ninety hereof, and who was a party to said proceed- ing, may within sixty days appeal therefrom to the appellate division of the supreme court in the department in which such grade crossing is situated,, and to the court of appeals, in the same manner and with like effect as is provided in the case of appeals from an order of the supreme court. Amended by L. 1911, ch HI; L. 1913, chs. 354, 744. In effect May 26, 1913. § 92. Acquisition of land, right or easement in crossing. The municipal corporation having jurisdiction over the street, avenue,, highway or road and in which the crossing is located, or the state commis- sion of highways in case of a street, avenue, highway or road to be con- structed or improved as a part of a state or county highway, may with the approval of the railroad company acquire by purchase any lands, rights or easements necessary or required for the purpose of carrying out the provi- sions of sections eighty-nine, ninety and ninety-one of this chapter, but if unable to do so shall acquire such lands, rights or easements by condemna- tion either under the condemnation law or under the provisions of the char- ter of such municipal corporation. The railroad company shall have notice of any such proceedings and the right to be 'heard therein. Amended by L. 1913, ch. 744. In effect May 26, 1913. § 93. Repair of bridges and subways at crossings. When a highway crosses a railroad by an overhead bridge, the framework of the bridge and its abutments shall be maintained and kept in repair by the railroad company, and the roadway thereover and the approaches thereto shall be maintained and kept in repair by the municipality having jurisdic- tion over and in which the same are situated; except that in the case of any overhead bridge constructed prior to the first day of July, eighteen hundred and ninety-seven, the roadway over and the approaches to which the railroad company was under obligation to maintain and repair, such obli- gation shall continue, provided the railroad company shall have at least ten days' notice of any defect in the roadway thereover and the approaches thereto, which notice must be given in writing by the town superintendent of highways or other duly constituted authority, and the railroad company- shall not be liable by reason of any such defect unless it shall have failed- The Village Laws oe New Toek 435- to make repairs within ten days after the service of such notice upon it- "When a highway passes under a, railroad, the bridge and its abutments shall be maintained and kept in repair by the railroad company, and the subway and its approaches shall be maintained and kept in repair by the municipal- ity having jurisdiction over and in which the same are situated. In case such highway is a part of a state or county highway constructed or im- proved as provided in article six of the highway law, the roadway over such railroad or the subway underneath the same, and the approaches thereto, shall be maintained and kept in repair under the supervision and control of the state commission of highways in the manner provided by the highway law for the maintenance and repair of state and county highways. Amended by L. 1913, ch. 744. In effect May 26, 1913. § 94. Expense of constructing new crossings. Whenever under the provisions of section eighty-nine of this chapter, new railroads are constructed across existing highways, the expense of crossing above or below the grade of the highway shall be paid entirely by the rail- road corporations. Whenever under the provisions of section ninety of thia chapter a new street, avenue, highway or road is constructed across an ex- isting railroad, the railroad corporation shall pay one-half and the munici- pal corporation having jurisdiction over such street, avenue, highway or road shall pay the remaining one-half of the expense of making such cross- ing above or below grade; and whenever a change is made as to an existing crossing in accordance with the provisions of section ninety-one of this chap- ter, fifty per centum of the expense thereof shall be borne by the railroad corporation, twenty-five per centum by such municipal corporation and twenty-five per centum by the state; except that whenever an existing cross- ing, in which a change is made under the provisions of said section ninety- one, is located wholly or partly within an incorporated village having not to exceed twelve hundred inhabitants, the portion of expense herein required to be borne by the municipal corporation shall be borne by the town or town3 in which such crossing is situated. Whenever under the provisions of section ninety and ninety-one of this chapter a highway is constructed across an existing railroad and is a part of a state or county highway constructed or improved as provided in the highway law, one-half of the expense of making such crossing above or below grade shall be paid by the railroad cor- poration, and the remaining one-half of such expense shall be paid by the state in the case of a state highway, and jointly by the state, county and town in the case of a county highway, in the same proportion and in the same manner as the cost of the construction or improvement of such state or county highway is paid. Whenever in carrying out the provisions of sec- tions ninety or ninety-one of this chapter two or more lines of steam sur- face railroad, owned and operated by different corporations, cross a high- way at a point where a change in grade is made, each corporation shall 436 The Village Laws of New Yoke pay such proportion of fifty per centum of the expense thereof as shall be determined by the public service commission. In carrying out the provisions, of sections eighty-nine, ninety and ninety-one of this chapter the work shall be done by the railroad corporation or corporations affected thereby, subject to the supervision and approval of the public service commission, and in all ■cases, except where the entire expense is paid by the railroad corporation, the expense of construction shall be paid primarily by the railroad company, and the expense of acquiring additional lands, rights or easements shall be paid primarily by the municipal corporation having jurisdiction over the street, avenue, highway or road or, in case of a state or county highway, upon the order of the state commission of highways out of moneys avail- able therefor. Plans and specifications of all changes proposed under sec- tions ninety and ninety-one of this chapter, and an estimate of the expense thereof shall be submitted to the public service commission for its approval before the letting of any contract. If such changes are proposed in a high- way which is to be constructed or improved as a state or county highway, such plans and specifications shall also be submitted to the state commission "■of highways for its approval before the letting of any contract. In case the work is done by contract the proposals of contractors shall be submitted to the public service commission, and if the commission shall determine that the bids are excessive it shall have the power to require the submission of new proposals. The commission may employ temporarily such experts and -engineers as may be necessary to properly supervise any work that may be undertaken under sections eighty-nine, ninety and ninety-one of this chap- ter, the expense thereof to be paid by the comptroller upon the requisition and certificate of the commission, said expense to be included in the cost of the particular change in grade on account of which it is incurred and finally apportioned in the manner provided in this section. Upon the com- pletion of the work and its approval by the public service commission an accounting shall be had between the railroad corporation and the municipal corporation, or the state commission of highways, of the amounts expended by each with interest, and if it shall appear that the railroad corporation or the municipal corporation, or the state commission of highways has ex- pended more than its proportion of the expense of the crossing as herein provided, a settlement shall be forthwith made in accordance with the pro- visions of this section. All items of expenditure shall be verified under oath, and, in case of a dispute between the railroad corporation and the municipal corporation or the state commission of highways as to the amount expended, any judge of the supreme court in the judicial district in which the municipality, or the state or county highway, is situated may appoint a referee to take testimony as to the amount expended, and the confirmation of the report of the referee shall be final. In the event of the failure or zrefusal of the railroad corporation to pay its proportion of the expense, the The Village Laws of New Yoek 437 same, with interest from the date of such accounting, may be levied and assessed upon the railroad corporation and collected in the same manner that taxes and assessments are now collected by the municipal corporation within which the work is done; and in the event of the failure or refusal of the municipal corporation to pay its proportion of the expense, suit may be instituted by the railroad corporation for the collection of the same with in- terest from the date of such accounting, or the railroad corporation may offset such amount with interest against any taxes levied or assessed against it or its property by such municipal corporation. The legislature shall an- nually appropriate out of any moneys not otherwise appropriated the sum of one hundred thousand dollars for the purpose of paying the state's propor- tion of the expense of a change in an existing grade crossing other than that required to be paid by the state from funds appropriated for the construction of state and county highways as above provided. If in any year any less sum than one hundred thousand dollars is expended by the state for the pur- pose aforesaid the balance remaining unexpended shall be applied to reduce the amount appropriated by the state in the next succeeding year, except that no such deduction shall be made in case there are outstanding and un- adjusted obligations on account of a change in an existing grade crossing for a proportion of which the state is liable under the provisions of this section. In the event of the appropriation made by the state in any one year being insufficient to pay the state's proportion of the expense of any change that may be ordered the first payment from the appropriation of the succeed- ing year shall be on account of said change, and no payment shall be made on account of any subsequent change that may be ordered, nor shall any subsequent change be ordered until the obligation of the state on account of the first named change in grade has been fully discharged, unless the same* shall be provided for by an additional appropriation to be made by the legis- lature. The state's proportion of the expense of changing any existing grade crossing shall be paid by the state treasurer on the warrant of the comp- troller, to which shall be appended the certificate of the public service com- mission to the effect that the work has been properly performed and a state- ment showing the situation of the crossing that 'has been changed, the total cost and the proportionate expense thereof, and the money shall be paid in whole or in part to the railroad corporation or to the municipal corporation as the public service commission may direct, subject, however, to the rights of the respective parties as they appear from the accounting to be had as hereinbefore provided for. No claim for damages to property on account of the change or abolishment of any crossing under the provisions of this article shall be allowed unless notice of such claim is filed with the public service commission within six months after completion of the work necessary for such change or abolishment. Amended by L. 1911, ch. 141; L. 1913, chs. 354, 425, 744. In effect May; 26, 1913. 438 The Village Laws of New Yobk § 95. Proceedings by public service commission for alteration of grade cross- ings. The public service commission may, in the absence of any application^ therefor, when in its opinion public safety requires an alteration in an ex- isting grade crossing or a change in any existing structure above or below grade, institute proceedings on its own motion for an alteration in such grade crossing or structure, upon such notice as it shall deem reasonable, of not- less than ten days however, to the railroad company, the municipal cor- poration and the person or persons interested, and proceedings shall be con- ducted as provided in section ninety-one of this chapter. The changes in. existing grade crossings or structures authorized or required by the commis- sion in any one year shall be so distributed and apportioned over and among: the railroads and the municipalities of the state as to produce such equality of burden upon them for their proportionate part of the expenses as herein provided for as the nature and circumstances of the cases before it will permit. Amended by L. 1913, ch. 354. In effect Apr. 24, 1913. § 96. Proceedings to enforce orders of commission. It shall be the duty of the corporation, municipality or person or persons to whom the decisions or orders of the public service commission are di- rected, as provided in sections eighty-nine, ninety, ninety-one and ninety-five of this chapter, to comply with such decisions and orders, and in case of their failure so to do the commission shall thereupon take proceedings to compel obedience to the decisions and orders of the commission. The supreme court at a special term shall have the power in all cases of such decisions, and orders by the public service commission to compel compliance therewith, by mandamus, or under the provisions of the public service commissions law, subject to appeal to the appellate division of the supreme court and the court of appeals in the same manner and with like effect as is provided in case of" appeals from an order of the supreme court. Added by L. 1897, ch. 754, sec. 1. § 97. Municipal corporation may borrow money. Whenever in carrying out any of the provisions of sections eighty-nine to' ninety-six inclusive of this chapter any municipality shall incur any expense or become liable for the payment of any moneys, it shall be lawful for such municipality temporarily to borrow such money on the notes or certificates of such municipality, and to include the amount of outstanding notes or certificates, or any part thereof, in its next annual tax levy for municipal purposes, or in the discretion of the common council in case of a city, the board of trustees in case of a village, the town board in case of a town or the- board of supervisors in the case of a county, to borrow the same, or any part- thereof, on the credit of the municipality, and to issue bonds therefor,. The Village Laws of New Yoek 439 "which bonds shall be signed by the mayor and clerk in case of a city, the president and clerk in case of a village, the town board in case of a town and the board of supervisors in the case of a county, and shall be in such form and for such sums and be payable at such times and places with in- terest not exceeding four per centum per annum, as the common council in case of a city, the board of trustees in case of a village, the town board in case of a town and the board of supervisors in the case of a county, shall direct. Amended by L. 1913, ch. 744. In effect May 26, 1913. § 98. Intersections of railroads. All steam railroads hereafter constructed across the tracks of any other railroad and any street surface railroad hereafter constructed across a steam railroad shall be above, below, or at grade of such existing railroad as the public service commission shall determine, and such commission shall in such determination fix the proportion of expense of such crossing to be paid by each railroad. As added by L. 1897, ch. 754, sec. 1, and amended by L. 1900, ch. 739, sec. 1. § 99. Application of foregoing sections. The provisions of sections eighty-nine to ninety-eight inclusive of this chapter shall also apply to all steam surface railroads existing on the first day of July, eighteen hundred and ninety-seven, or thereafter on which, after said date, electricity or some other agency than steam shall be sub- stituted as a motive power. None of the provisions of said sections shall apply •to crossings in the city of Buffalo under the jurisdiction of the grade cross- ing commissioners of that city, nor shall they apply to the University avenue or Brown street crossing in the city of Rochester. The terms " municipality " and " municipal corporation " as used in said sections shall include cities, Tillages, towns and counties. Amended by L. 1913, ch. 744. In effect May 26, 1913. 440 The Village Laws of New Yobk REAL PROPERTY LAW. (Chapter 50 of the Consolidated Laws.). § 42. Suspension of power of alienation. The absolute power of alienation is suspended, when there are no persons in being by whom an absolute fee in possession can be conveyed. Every future estate shall be void in its creation, which shall suspend the absolute power of alienation, by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate; except that a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, die under the age of twenty- one years, or on any other contingency by which the estate of such persons may be determined before they attain full age. For the purposes of this section, a minority is deemed a part of a life, and not an absolute term equal to the, possible duration of such minority. § 261. Maintenance of telegraph or other electric wires raises no presumption of grant. Whenever any wire or cable used for any telegraph, telephone, electric light or other electric purpose, or for the purpose of communication other- •wise than by the aid of electricity, is or shall be attached to, or does or shall extend upon or over any building or land, no lapse of time whatever shall raise a presumption of any grant of, or justify a prescription of any per- petual right to, such attachment or extension. § 450. Lands used for cemetery purposes not to be sold or mortgaged. No land actually used and occupied for cemetery purposes shall be sold under execution or for any tax or assessment, nor shall such tax or assess- ment be levied, collected or imposed, nor shall it be lawful to mortgage such land, or to apply it in payment of debts, so long as it shall continue to be used for such cemetery purposes. Whenever any such land shall cease to be used for cemetery purposes, any judgment, tax or assessment which, but for the provisions of this section would have been levied, collected or imposed, shall thereupon forthwith, together with interest thereon, become and be a lien and charge upon such land, and 'collectable out of the same. The provisions qf this section shall not apply to any lands held by the city of Rochester. STATE BOARDS AND COMMISSIONS LAW. (Repealed by Conservation Law, L. 1911, ch. 647. See Conservation Law, ante.) The Village Laws of New Yoek 441 CONSTITUTIONAL PROVISIONS. Incorporation of. — The legislature shall not pass » private or local bill in any of the following cases: Incorporating villages. (N. Y. Constitution, art. 3, sec. 18.) But it may amend a village charter existing before this provision was adopted. Reed v. Schmidt, 37 Hun, 223. Counties, cities, towns and villages not to give or loan money or credit; limitation of indebtedness. — No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. * * (N. Y. Constitution, art. 8, sec. 10.) An issue of bonds to raise money to make immediate payment for local im- provements, to be reimbursed by a subsequent assessment on the land-owners benefited, is not a loaning of city " credit or money " within the prohibition of this section. People ex rel. v. Bangs, 67 N. Y. 568. The caring for the poor of a city through the instrumentality of a private corporation is not prohibited by this section, and is not a gift of city money. The Sheperd's Fold v. Mayor of New York, 96 N. Y. 137. And an act pro- viding that a part of city excise money be paid to the use of an inebriate asylum for the care of inebriates of a certain locality is making a provision for the support of the poor. White v. The Inebriate Home for Kings Co., 141 id. 123. The creation of a liability on towns for damages occasioned by defective highways and bridges is not a gift of money or property of the towns to or in aid of an individual within the meaning of "this section. Bidwell v. Town X)f Murray, 40 Hun, 190. 442 The Village Laws of New Yoek An act authorizing a, town holding railroad bonds to exchange them for common stock in the same railroad is unconstitutional. Town of Wheatland- w. Taylor, 29 Hun, 70. The creation of a debt for the purchase of lands outside the city limits ior a park is for a " city purpose," and, therefore, valid. Matter of Mayor, etc., of New York, 99 N. Y. 569. And the creation of a debt for the construction and operation of an electric light system by a city for its own and the use of its inhabitants is for a " city purpose." Hequembourg v. City of Dunkirk, 49 Hun, 550. Municipalities have the right to compromise a claim which they dispute, but which in the end they deem wise and prudent to acknowledge in part. Hills v. Peekskill Savings Bank, 101 N. Y. 490. Stocks and bonds created by the city of New York and held by the com- missioners of the sinking fund are not debts to be met in the future by tax- ation, and are not such debts as the municipality can be called upon to pay. Banks for Savings in New York City v. Grace, 102 N. Y. 313. The issue of bonds by city for a water supply is for a " city purpose," and therefore not within the prohibition of this section. Sweet v. City of Syracuse, 123 N. Y. 316. Maintenance and support of inmates of charitable institutions. — Nothing .in this Constitution contained shall prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper; or prevent any county, city, town or village from providing for the care, support, main- tenance and secular education, of inmates of orphan asylums, homes for dependent children or correctional institutions, whether under public or jrivate control. Payments by counties, cities, towns and villages to char- itable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the Legislature. No such payments shall be made for any inmate of such institutions who is not received and Tetained therein pursuant to rules established by the state board of charities.' Such rules shall be subject to the control of the Legislature by general Jaws. (N. Y. Constitution, art. 8, sec. 14.) Board of education may provide for education of inmates of incorporated orphan asylums. Sargent v. Board of Education, etc., 35 Misc. 321; affirmed, Appellate Division, 4th Dept. No aid to denominational schools. — Neither the State nor any subdivision -thereof, shall use its property or credit or any public money, or authorize ot permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught. (N. Y. Constitution, art. 9, sec. 4.) Orphan asylums wherein no religious instruction is given during school hours not within prohibition. Sargent v. B. of Ed. of Rochester, 35 Misc. 521; affirmed, Appellate Division, 4th Dept. The Village Laws of New Yoek 443 Appointment or election of officers, not provided for by this Constitution. — All county officers whose election or appointment is not provided for by this ■Constitution, shall be elected by the electors of the respective counties or -appointed by the boards of supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this Constitution, and all officers, whose offices may here- after be created by law, shall be elected by the people, or appointed, as the Legislature may direct. (N. Y. Constitution, art. 10, sec. 2.) Albany police bill allowing minority of common council to appoint police commissioners is invalid. Eathbone v. Wirth, 150 N. Y. 459. The Legislature may attach a penalty to the refusal to accept office. City of Brooklyn v. Scholes, 31 Hun, 110. A county officer is one required to reside in and perform duties in the county; the health officer of the city and county of New York is not one. Matter of Whiting, 2 Barb. 513. A commissioner of loans is a county officer. Matter of Carpenter, 7 Parb. 30. The Legislature may appoint commissioners to widen a highway by pro- ceedings unlike those of commissioners of highways. People ex rel. v. Mc- Donald, 69 N. Y. 362. They may authorize the appointment of a special surrogate by the Supreme €ourt. Matter of Hathaway, 71 N. Y. 238. The appointment of Central park commissioners by the Legislature was -valid. Astor v. Mayor, 62 N. Y. 367. The reservation of the right to elect relates only to such offices as existed at the time the Constitution took effect. People v. Draper, 15 N. Y. 532 j People ex Tel. Kingsland v. Palmer, 52 id. 83. This provision applies to town collectors; People ex rel. v. McKinney, 52 N. Y. 374; and tax receiver; People ex rel. v. Crooks, 53 id. 648; and tax commissioners in New York city. People v. Raymond, 37 id. 428. Where a new town is created out of an old one a provision that the old officers should continue in office and act for both towns till the next election, is constitutional. People ex rel. v. Hayt, 7 Hun, 39. Not applicable to transfer of power from one local board to another. Matter of Lester, 21 Hun, 130. An act abolishing election of commissioners of charities and substituting -appointment by the pro tern, president of the board of supervisors, is legal. Matter of Carboy, 27 Hun, 82. Act appointing police justice in a village with criminal jurisdiction of jus- tices of peace of towns, valid. Bocock v. Cochran, 32 Hun, 521. Not applicable to park police. Matter of Mayor, 90 N. Y. 569. The members of the board of examiners created by the act of 1874, chap. 547, are not as such, city officers of the city of New York; 106 N. Y. 566. Act extending term of office of present incumbent invalid. Matter of Burger, 21 Vise. 370. L 444 The Village Laws of New Yobk Law providing for grading of certain officers valid. People ex rel. White v_ York, 35 App. Div. 300. See, also, People ex reL Percival v. Cram, 164r N. Y. 166. Organization of cities and villages. — It shall be the duty of the Legis- lature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, con- tracting debts, and loaning their credit, so as to prevent abuses in assess- ments, and in contracting debt by such municipal corporations. * * * (N. Y. Constitution, art. 12, sec. 1.) Section 9 of article VIII of the amended Constitution of 1846, without change. Am'd in 1905 by adding provision for regulation of wages, etc., of employees of villages, etc. This provision is merely a direction to the Legislature for the exercise of a power which had been restricted by former Constitution. Bank of Chen- ango v. Brown, 26 N. Y. 467. This section authorizes the Legislature to restrict the power of incurring" indebtedness by municipal corporations, and the degree of such restriction is in the discretion of the Legislature. Sweet v. City of Syracuse, 129 N. Y. 316, 331. The' Legislature is not prohibited from authorizing a municipal corporation to incur an indebtedness of a new and unusual character. Bank of Rome v. City of Rome, 18 N. Y. 38; Grant v. Courter, 24 Barb. 232; Benson v. Mayor of Albany, id. 248. By this section local legislative powers may be delegated to villages and cities. Consumers' Gas Co. v. Spring Co., 61 Hun, 135; Wallerstein v. Judge,. 24 N. Y. St. Repr. 814. CODE OF CIVIL PROCEDURE— MISCELLANEOUS PROVISIONS. S 426. [Am'd, 1879.] How personal service of summons made upon a natural person. § 426. Personal service of the summons upon a defendant, being a natural person, must be made by delivering a copy thereof, within the state, as follows: 1. If the defendant is an infant, under the age of fourteen years, to his father, mother or guardian; or, if there is none within the state, to the per- son having the care and control of him, or with whom he resides, or in whose service he is employed. If the defendant is an infant over the age of four- teen years, to the infant in person, and also to his father, mother or guard- ian; or, if there is none within the state, to the person having the care and control of him, or with whom he resides, or in whose service he is em- ployed. Where the defendant is an infant under the age of fourteen years, the court shall, in the defendant's interest, make an order, requiring a copy of the summons to be also delivered, in behalf of the defendant, to a person designated in the order, and that service of the summons shall not be deemed complete until it is so delivered. Where the defendant is an infant over the age of fourteen years a similar order may be made by the court in its discretion, with or without application therefor. Amended by L. 1913, ch. 279. In effect Sept. 1, 1913. The Village Laws oe New Yoek 44i> § 843. [Am'd, 1877.] Oaths and affidavits; in special cases. Where an officer, person, board, or committee, has been heretofore, or is- hereafter authorized by law, to take or hear testimony or to hear or receive an affidavit, or to take a deposition, in relation to a matter, concerning ■which he or it has a duty to perform, the officer or person, or a member of the board or committee, may administer an oath, for that purpose. Where an officer, person, board, or committee, to whom or to which application is made to do an act in an official capacity, requires information or proof, to enable him or it to decide upon the propriety of doing the act, he or it may receive an affidavit for that purpose. § 844. Id.; without the state. An oath or affidavit required, or which may be received, in an action,, special proceeding, or other matter, may be taken, without the state, except where it is otherwise specially prescribed by law, before an officer authorized by the laws of the state, to take and certify the acknowledgment and proof of deeds, to be recorded in the state; and, when certified by him to have been taken before him, and accompanied with the like certificates, as to his official character and the genuineness of his signature, as are required to entitle a deed acknowledged before him to be recorded within the state, may be used, as if taken and certified in this state, by an officer authorized. by law to take and certify the same. § 845. [Am'd, 1899.I General mode of swearing. Except as otherwise specially prescribed in this article, when an oath is administered, the witness shall lay his hand on the gospels and express assent to the oath, and it shall be according to the present practice except that the witness need not kiss the gospels. $ 846. [Am'd, 1899.] When kissing the gospels dispensed with. The oath must be administered in the following form, to person who so desires, the laying of the hand upon the gospels being omitted : " You do swear, in the presence of the ever-living God." While so swearing, he may or may not hold up his hand, at his option. § 847. When affirmation to be made. A solemn declaration or affirmation, in the following form, must be admin- istered to a person who declares that he has conscientious scruples again»t taking an oath, or swearing in any form: "You do solemnly, sincerely, and truly, declare and affirm." § 849. Swearing persons not Christians. A person believing in a religion, other than the Christian, may be sworn, according to the peculiar ceremonies, if any, of his religion, instead of as prescribed in section eight hundred and forty-five or section eight hundred and forty-six of this act. § 850. Court may examine witness. The court or officer may examine an infant, or a person apparently of weak intellect, produced before it or him, as a witness, to ascertain his capacity and tihe extent of his knowedge; and may inquire of a person, 446 The Village Laws of Xew Yoek produced as a witness, what peculiar ceremonies in swearing he deems most obligatory. § 852. Mode of serving subpoena issned out of a court. A subpoena, issued out of the court, to compel the attendance of a wit- ness, and, where the subpoena so requires, to compel him to bring with him a book or paper, must be served as follows: 1. The original subpoena must be exhibited to the witness. 2. A copy of the subpoena, or a ticket containing its substance, must be delivered to him. 3. The fees, allowed by law, for traveling to, and returning from, the place where he is required to attend, and for one day's attendance, must be paid or tendered to him. § 853. Penalty for disobedience. A person so subpoenaed, who fails, without reasonable excuse, to obey the subpoena, or a person who fails, without reasonable excuse, to obey an order, duly served upon him, made by the court, or a. judge, in an action, before or after final judgment therein, requiring him to attend, and be examined, or so to attend, and bring with him a book or paper, is liable, in addition to punishment for contempt, for the damages sustained by the party aggrieved in consequence of the failure, and fifty dollars in addition thereto. Those sums may be recovered in one action, or in separate actions. If he is a party to the action in which he was subpoenated, the court may, as an additional punishment, strike out his pleading. § 854. [Am'd, 1900.] Subpoena to be issued by judge, etc. When a judge, or an arbitrator, referee, or other person, or a board or committee, or a committee of either house of the legislature, or a joint com- mittee thereof, duly empowered by resolution or act to sit and take testi- mony during the session thereof, or after the adjournment thereof, has been heretofore or is hereafter expressly authorized by law to hear, try, or deter- mine a matter, or to do any other act in an official capacity, in relation to which proof may be taken, or the attendance of a person as a witness mav be required; or to require a person to attend, either before him or it, or before another judge, or officer, or a person designated in a commission issued by a court of another state or country, to give testimony, or to have his deposition taken, or to be examined; a subpoena may be issued, by and under the hand of the judge, arbitrator, referee, or other person, or the chairman or a majority of the board or committee, requiring the person to attend; and also, in a proper case, to bring with him a book or a paper. The subpoena must be served, as prescribed in section eight hundred and fifty- two of this act. This section does not apply to a matter arising, or an act to be done, in an action in a court of record. § 926. [Am'd, 1877.] Affidavit of printer, etc., evidence. The affidavit of the printer or publisher of a newspaper, published within the state, or his foreman or principal clerk, showing the publication of a notice or other advertisement, authorized or required, by a law of the state, to be published in that neswpaper, annexed to' a printed copy of the notice or other advertisement, may be read in evidence; and is presumptive evi- The Village Laws of New Yoek 447 ■dence of the publication, and, also, of the matters stated therein, showing' "that the deponent is authorized to make the affidavit. But this section does "not apply to a case, where the affidavit is required by law to be filed, unless it has been duly filed; or to a case, where the mode of proving a publication is otherwise specially prescribed by law. § 941. [Am'd, 1894.] Ordinances, etc., of cities, villages, etc. An act, ordinance, resolution, by-law, rule or proceeding of the common •council of a city, or of the board of trustees of an incorporated village, or of a local board of health of a city, town or incorporated village or of a board of supervisors, within the state, may be read in evidence, either from a copy thereof, certified by the city clerk, village clerk, clerk of the common council, clerk or secretary of the local board of health, or clerk of the board -of supervisors; or from a volume printed by authority of the common coun- cil of the city, or the board of trustees of the village or the local board of health of the city, town or village, or the board of supervisors. § 1667. Action for cutting, etc., trees. If any person cuts down or carries off any wood, underwood, tree, or -timber, or girdles or otherwise despoils a tree on the land of another, with- out the owner's leave; or on the common, or other land, of a city, village, -or town, without having right or privilege in those lands, or license from the proper officer; an action may be maintained against him, by the owner, or the city, village, or town, as the case may be. ^ 1668. Id.; when treble damages may be recovered. In an action brought as prescribed in the last section, the plaintiff may state in his complaint the amount of his damages, and demand judgment for treble the sum, so stated. Thereupon, if the inquisition, or, where issues of fact are tried, the verdict, report or decision, awards him any damages, •he is entitled to judgment for treble the sum so awarded, except that in ■either of the following cases, judgment must be rendered for single damages only 1. Where the verdict, report, or decision finds affirmatively that the injury, for which the action was brought, was casual and involuntary; or that the defendant, when he committed the injury, had probable cause to believe that the land was his own. 2. Where the defendant has pleaded, and the verdict, report, or decision finds affirmatively, that the injury, for which the action was brought, was committed by taking timber, for the purpose of making or repairing a, public road, or a public bridge, or by taking any wood, underwood, or tree, for a like purpose, by authority of a commissioner or overseer of highways. § 1897. Indorsement upon summons. In an action to recover a penalty or forfeiture, given by a statute, if a copy of the complaint is hot delivered to the defendant with a copy of the summons, a general reference to the statute must be indorsed upon the copy of the summons so delivered, in the following form: "According to the pro- visions of," etc.; adding such a description of the statute, as will identify it with convenient certainty, and also specifying the section, if penalties or 448 The Village Laws of New Yoke forfeitures are given, in different sections thereof, for different acts or omissions. § 1926. [Am'd, 1897.] Actions by certain specified officers. An action or special proceeding may be maintained, by the trustee or trus- tees of a school district; the overseer or overseers of the poor of a. village, or city; the county superintendent or superintendents of the poor; or the- supervisors of a county, upon a contract, lawfully made with those officers or their predecessors, in their official capacity; to enforce a liability created, or a duty enjoined, by law, upon those officers, or the body represented by them; to recover a penalty or a forfeiture, given to those officers, or tha body represented by them; or to recover damages for an injury to the prop- erty or rights of those officers, or the body represented by them; although the cause of action accrued before the commencement of their term of office. § 3357- Title. This title shall be known as the condemnation law. § 3358- [Am'd, 1896.] Definitions. The term " person,'' when used herein, includes a natural person and also- a corporation, joint-stock association, the state and a political division thereof, and any commission, board, board of managers or trustees in charge or having control of any of the charitable or other institutions of the state; the term " real property," any right, interest or easement therein or appur- tenances thereto ; and the term " owner," all persons having any estate, interest, or easement in the property to be taken, or any lien, charge, or incumbrance thereon. The person instituting the proceedings shall be termed the plaintiff; and the person against whom the proceeding- is brought, the defendant. § 3359- Proceedings to be taken as prescribed in this title. Whenever any person is authorized to acquire title to real property, for a public use by condemnation, the proceeding for that purpose shall be taken in the manner prescribed in this title. § 3360. Petition; what to contain. The proceeding shall be instituted by the presentation of a petition by the- plaintiff to the supreme court, setting forth the following facts: 1. [Am'd, 1896.] His name, place of residence, and the business in which engaged; if a corporation or joint-stock association, whether foreign or domestic, its principal place of business within the state, the names and places of residence of its principal officers, and of its directors, trustees or board of managers, as the case may be, and the object or purpose of its incorporation or association; if a political division of the state, the names and places of residence of its principal officers; and if the state, or any com- mission or board of managers or trustees in charge or having control of any of the charitable or other institutions of the state, the name, place of resi- dence of the officer acting in its or their behalf in the proceedings. 2. A specific description of the property to be condemned, and its location fcy metes and bounds, with reasonable certainty. The Village Laws of New Yobk 449 3. The public use for which the property is required and a concise state- ment of the facts showing the necessity of its acquisition for sueh use. 4. The names and places of residence of the owners of the property; if a,n infant, the name and place of residence of his general guardian, if he has one; if not, the name and place of residence of the person with whom he resides; if a lunatic, idiot, or habitual drunkard, the name and place of residence of his committee or trustee, if he has one; if not, the name and place of residence of the person with whom he resides. If a non-resident, having an agent or attorney residing in the state authorized to contract for the sale of the property, the name and place of residence of such agent or attorney; if the name or place of residence of any owner cannot after dili- gent inquiry be ascertained, it may be so stated with a specific statement of the extent of the inquiry which has been made. 5. That the plaintiff has been unable to agree with the owner of the property for its purchase, and the reason of such inability. 6. The value of the property to be condemned. 7. A statement that it is the intention of the plaintiff, in good faith, to 1 complete the work or improvement, for which the property is to be con- demned; and that all the preliminary steps required by law have been taken to entitle him to institute the proceeding. 8. A demand for relief, that it may be adjudged that the public use requires the condemnation of the real property described, and that the plaintiff is entitled to take and hold such property for the public use specified, upon making compensation therefor, and that commissioners of appraisal be appointed to ascertain the compensation to be made to the owners for the property so taken. § 3361. Notice to be annexed to petition; service of. There must be annexed to the petition a, notice of the time and place at which it will be presented to a special term of the supreme court, held in the judicial district where the property or some portion of it is situated, and B. copy of the petition and notice must be served upon all the owners of the property at least eight days prior to its presentation. § 3362. Service of petition and notice. Service of the petition and notice must be made in the same manner as the service of a summons in an action in the supreme court is required to be made, and all the provisions of articles one and two of title one of chapter five of this act, which relate to the service of a summons, either personally -or in any other way, and the mode of proving service, shall apply to the .service of the petition and notice. If the defendant has an agent or attorney •residing in this state, authorized to contract for the sale of the real property ■described in the petition, service upon such agent or attorney will be ■sufficient service upon such defendant. In case the defendant is an infant of the age of fourteen years or upwards, a copy of the petition and notice ■shall also be served upon his general guardian, if he has one; if not, upon the person with whom he resides. § 33 6 3- Appearance of infant, idiot, lunatic or habitual drunkard. If a defendant is an infant, idiot, lunatic or habitual drunkard, it shall toy the duty of his general guardian, committee or trustee, if he has one, 450 The Village Laws of !New Yobk "to appear for him upon the presentation of the petition and attend to his interests, and in case he has none, or in case his general guardian, eommittee- or trustee fails to appear for him, the court shall, upon the presentation of the petition and notice, with proof of service, without further notice, appoint a guardian ad litem for such defendant, whose duty it shall be to appear for him and attend to his interests in the proceeding, and, if deemed neces- sary to protect his rights, the court may require a general guardian, com- mittee or trustee, or a guardian ad litem to give security in such sum and with, such sureties as the court may approve. If u. service other than per- sonal has been made upon any defendant, and he does not appear upon the- presentation of the petition, the court shall appoint some competent attorney to appear for him and attend to his interests in the proceeding. § 3364. Appearance. The provisions of law and of the rules and practice of the court, relating to the appearance of parties in person or by attorney in actions in the- supreme court, shall apply to the proceeding from and after the service of the petition, and all subsequent orders, notices and papers may be served upon the attorney appearing and upon a guardian ad litem in the same manner and with the same effect as the service of papers in an action in the supreme court may be made. § 3365. Answer; what to contain. Upon presentation of the petition and notice with proof of service thereof,, an owner of the property may appear and interpose an answer, which must contain a general or specific denial of each material allegation of the petition controverted by him, or of any knowledge or information thereof sufficient to form a belief, or a statement of new matter constituting a defence to the proceeding. § 3366. Verification of petition or answer. A petition or answer must be verified, and the provisions of this act relating to the form and contents of the verification of pleadings in courts of record,, and the persons by whom it may be made, shall apply to the verification. § 3367. Trial of issues. The court shall try any issue raised by the petition and answer at such time and place as it may direct, or it may order the same to be referred to a referee to hear and determine, and upon such trial the court or referee- shall file a decision in writing, or deliver the same to the attorney for the- prevailing party, within twenty days after the final submission of the proofs and allegations of the parties, and the provisions of this act relating to the form and contents of decisions upon the trial of issues of fact by the court or a referee, and to making and filing exceptions thereto, and the making and settlement of » case for the review thereof upon appeal, and to the proceed- ings which may be had in case such decision is not filed or delivered within the time herein required, and to the powers of the court and referee upon, such trial, shall be applicable to a trial and decision under the title. The Village Laws of New York 451 5 3368. Certain provisions applicable. The provisions of title one of chapter eight of this act shall also apply to» proceedings had under this title. § 33og. [Am'd 1895.] Judgment; costs when to defendant; commissioners. Judgment shall be entered pursuant to the direction of the court or referee in the decision filed. If in favor of the defendant, the petition shall be dis- missed, with costs to be taxed by the clerk, at the same rates as are allowed,, of course, to a defendant prevailing in an action in the supreme court, in- cluding the allowances for proceedings before and after notice of trial. If the decision is in favor of the plaintiff, or if no answer has been interposed and it appears from the petition that he is entitled to the relief demanded,, judgment shall be entered, adjudging that the condemnation of the real property described is necessary for the public use, and that the plaintiff is. entitled to take and hold the property for the public use specified, upon making compensation therefor, and .the court shall thereupon appoint three disinterested and competent freeholders, residents of the judicial district em- bracing the county where the real property or some part of it is situated, or of- some county adjoining such judicial district, commissioners to ascertain the compensation to be made to the owners for the property to be taken for the public use specified, and fix the time and place for the first meeting of the commissioners. Provided, however, that in any such proceeding instituted within the first or second judicial district, such commissioners shall be resi- dents of the county where the real property, or some part of it, is situated,, cr of some adjoining county. If a trial has been had, at least eight days' notice of such appointment must be given to all the defendants who have appeared. The parties may waive, in writing, the provisions of this section as to the residence of the commissioners, and in that case they may be resi- dents of any county in the state. Where owners of separate properties are joined in the same proceeding, or separate properties of the same owner are to be condemned, more than one set of commissioners may be appointed. 5 3370. Duties and powers of commissioners. liie commissioners shafl take and subscribe the constitutional oath of office. Any of them may issue subpoenas and administer oaths to witnesses; a ma- jority of them may adjourn the proceeding before them, from time to time in their discretion. Whenever they meet, except by appointment of the court, or pursuant to adjournment, they shall cause at least eight days' notice of such meeting to be given to the defendants who have appeared, or their agents or attorneys. They shall view the premises described in the petition,, and hear the proof and allegations of the parties, and reduce the testimony taken by them, if any, to writing, and after the testimony in each case is. closed, they, or a majority of them, all being present, shall, without un- necessary delay ascertain and determine the compensation which ought, justly to be made by the plaintiff to the owners of the property appraised by them; and, in fixing the amount of such compensation, they shall not make any allowance or deduction on account of any real or supposed benefits which the owners may derive from the public use for which the property is to be- taken, or the construction of any proposed improvement connected with such public use. But in case the plaintiff is » railroad corporation and such real property shall belong to any other railroad corporation, the commissioners on. fixing the amount of such compensation, shall fix the same at its fair value ior railroad purposes. They shall make a report of their proceedings to the 452 The Village Laws of !New Yoke supreme court with the minutes of the testimony taken by them, if any; and they shall each be entitled to six dollars for services for every day they are actually engaged in the performance of their duties, and their necessary expens.es to be paid by the plaintiff; provided, that in proceedings within the counties of New York and Kings such commissioners shall be entitled to such additional compensation not exceeding twenty-five dollars for every ■such day, as may be awarded by the court, and provided that in proceedings instituted by a village or any board thereof under this title such commis- sioners shall be entitled to such additional compensation, r.ot exceeding five dollars for every such day, as may be awarded by the court. $ 3371. Confirmation or setting aside report; deposit when payable. Upon filing the report of the commissioners, any party may move for its confirmation at a special term, held in the district where the property or some part of it is situated, upon notice to the other parties who have ap- peared, and upon such motion, the court may confirm the report, or may set it aside for irregularity, or for error of law in the proceedings before the commissioners, or upon the ground that the award is excessive or insufficient. If the report is set aside, the court may direct a rehearing before the same commissioners, or may appoint new commissioners for that purpose, and the proceedings upon such rehearing shall be conducted in the manner prescribed for the original hearing, and the same proceedings shall be had for the con- firmation of the second report, as are herein prescribed for the confirmation of the first report. If the report is confirmed, the court shall enter a final ■order in the proceeding, directing that compensation shall be made to the- owners of the property, pursuant to the determination of the , commissioners, and that upon payment of such compensation, the plaintiff shall be entitled to enter into the possession of the property condemned, and take and hold it for the public use specified in the judgment. Deposit of the money to the credit of, or payable to the order of the owner, pursuant to the direction •of the court, shall be deemed a payment within the provisions of this title. § 3372. Offer to purchase; costs; additional allowance. In all cases where the owner is a resident and not under legal disability "to convey title to real property the plaintiff, before service of his petition and notice, may make a written offer to purchase the property at a specified price, which must within ten days thereafter be filed in the office of the clerk of the county where the property is situated; and which cannot be .given in evidence before the commissioners, or considered by them. The owner may at the time of the presentation of the petition, or at any time previously, serve notice in writing of the acceptance of plaintiff's offer, and thereupon the plaintiff may, upon filing the petition, with proof of the mak- ing of the offer and its acceptance, enter an order that upon payment of the •compensation agreed upon, he may enter into possession of the real property described in the petition, and take and hold it for the public use therein •specified. If the offer is not accepted, and the compensation awarded by the commissioners does not exceed the amount of the offer with interest from -the time it was made, no costs shall be allowed to either party. If the com- pensation awarded shall exceed the amount of the offer with interest from "the time it was made, or if no offer was made, the court shall, in the final •order, direct that the defendant recover of the plaintiff the costs of the pro- ceeding, to be taxed by the clerk at the same rate as is allowed, of 'course, The Village Laws of New Yoek 453 "to the defendant when he is the prevailing party in an action in the supreme ■court, including the allowances for proceedings, before and after notice of Irial, and the court may also grant an additional allowance of costs, not ex- ceeding five per centum upon the amount awarded. The court shall also direct in the final order what sum shall be paid to the general or special guardian, or committee or trustee of an infant, idiot, lunatic or habitual drunkard, or to an attorney appointed by the court to attend to the interests of any ■defendant upon whom other than personal service of the petition and notice may have been made, and who has not appeared, for costs, expenses and coun- sel fees and by whom or out of what fund the same shall be paid. If a trial has been had, and all the issues determined in favor of the plaintiff, costs of the trial shall not be allowed to the defendant, but the plaintiff shall recover of any defendant answering the costs of such trial caused by the interposition of the unsuccessful defence, to be taxed by the clerk at the same rate as is allowed to the prevailing party for the trial of an action in the supreme court. § 3373- Judgment, how enforced; delivery possession of premises; when writ of assistance to issue. Upon the entry of the final order, the same shall be attached to the judg- ment-roll in the proceeding, and the amount directed to be paid, either as compensation to the owners, or for the costs or expenses of the proceeding, shall be docketed as a judgment against the person who is directed to pay the same, and it shall have all the force and effect of a money judgment in an action in the supreme court, and collection thereof may ^be enforced by execution and by the same proceedings as judgments for the recovery of money in the supreme court may be enforced under the provisions of this act. When payment of the compensation awarded, and costs of the pro- ceeding, if any, has been made, as directed in the final order, and a, certified copy of such order has been served upon the owner, he shall, upon demand of the plaintiff, deliver possession thereof to him, and in case possession is not delivered when demanded, the plaintiff may apply to the court without notice, unless the court shall require notice to be given, upon proof of such payment and of service of the copy order, and of the demand and non-com- pliance therewith, for a writ of assistance, and the court shall thereupon cause such writ to be issued, which shall be executed in the same manner as when issued in other cases for the delivery of possession of real property. § 3374. [Am'd, 1894.] Abandonment and discontinuance of proceeding. Upon the application of the plaintiff to be made at any time after the presentation of the petition and before the expiration of thirty days after the entry of the final order, upon eight days' notice of motion to all other parties to the proceeding who have appeared therein or upon an order to show cause, the court may, in its discretion, and for good cause shown, -authorize and direct the abandonment and discontinuance of the proceeding, upon payment of the fees and expenses, if any, of the commissioners, and the costs and expenses directed to be paid in such final order, if such final order shall have been entered, and upon such other terms and conditions as the court may prescribe; and upon the entry of the order granting such application and upon compliance with the terms and conditions therein pre- scribed, payment of the amount awarded for compensation, if such com- 454 The Village Laws or Xew Yoek pensation shall have been theretofore awarded, shall not be enforced, but i» such case, if such abandonment and discontinuance of the proceeding be directed upon the application of the plaintiff, the order granting such ap- plication if permitting a renewal of such proceedings, shall provide that pro- ceedings to acquire title to such lands or any part thereof shall not be re- newed by the plaintiff without a tender or deposit in court of the amount 'of the award and interest thereon. § 3375- [Am'd, 1895.] Appeal from final orders; stay. Appeal may be taken to the appellate division of the supreme court from the final order, within the time provided for appeals from orders by title four of chapter twelve of this act; and all the provisions of such chapter relating to appeals to the appellate division of the supreme court from orders of the special term shall apply to such appeals. Such appeal will bring, up for review all the proceedings subsequent to the judgment, but the judgment and pro- ceedings antecedent thereto may be reviewed on such appeal, if the appellant- states in his notice that the same will be brought up for review, and excep- tions shall have been filed to the decision of the court or the referee, and a case or a case and exceptions shall have been made, settled and allowed, a& required by the provisions of this act, for the review of the trial of actions in the supreme court without a jury. The proceedings of the plaintiff shall not be stayed upon such an appeal, except by order of the court, upon notice to him, and the appeal shall not affect his possession of the property taken. and the appeal of a. defendant shall not be heard except on his stipulation, not to disturb such possession. § 3376- [Am'd, 1895.] Appeal from judgment by plaintiff. If a trial has been had and judgment entered in favor of the defendant,, the plaintiff may appeal therefrom to the appellate division of the supreme court within the time provided for appeals from judgments by title four of chapter twelve of this act, and all the provisions of said chapter relating to appeals from judgments shall apply to such appeals; and on the hearing of the appeal the appellate division may affirm, reverse or modify the judgment r and in case of reversal may grant a new trial, or direct that judgment be entered in favor of the plaintiff. If the judgment is affirmed, costs shall be allowed to the respondent, but if reversed or modified, no costs of the appeal shall be allowed to either party. § 3377. When general term may direct a new appraisal. On the hearing of the appeal from the final order the court may direct a new appraisal before the same or new commissioners, in its discretion, and the report of such commissioners shall be final and conclusive upon all parties interested. If the amount of the compensation to be paid is increased by the last report, the difference shall be a lien upon the land appraised, and shall be paid to the parties entitled to the same, or shall be deposited as the court shall direct; and if the amount is diminished, the difference shall be refunded to the plaintiff by the party to whom the same may have been paid, and judgment therefor may be rendered by the court, on the filing of the last report, against the parties liable to pay the same. The Village Laws of New Yoek 455 ■5 3378. Conflicting claimants. If there are adverse and conflicting claimants to the money, or any part of it, to be paid as compensation for the property taken, the court may direct the money to be paid into the court by the plaintiff, and may determine who is entitled to the same, and direct to whom the same shall be paid, and may, in its discretion, order a reference to ascertain the facts on which such deter- mination and direction are to be made. § 3379- [Am'd, 1900.] Party in possession may stay on giving security. At any stage of the proceeding the court may authorize the plaintiff, if in possession of the property sought to be condemned, to continue in possession, and may stay all actions or proceedings against him on account thereof, upon giving security, or depositing such sum of money as the court may direct to be held as security for the payment of the compensation which may ba finally awarded to the owner therefor and the costs of the proceedings, and in every such case the owner may conduct the proceeding to a conclusion, if the plaintiff delays or neglects to prosecute the same. When the final award to any owner is less than fifty dollars, in proceedings to condemn a right of way, for telephone or telegraph poles and wires, the allowance of costs, if any, and the amount thereof not exceeding that prescribed by statute, shall be in the discretion of the court in any action or proceeding that. may have been or may hereafter be stayed, if the telephone or telegraph poles and wires, in such action or proceeding so stayed, shall have been erected for more than three years prior to the commencement thereof. § 3380. Temporary possession pending proceedings. When an answer to the petition has been interposed, and it appears to the satisfaction of the court that the public interests will be prejudiced by delay, it may direct that the plaintiff be permitted to enter immediately upon the real property to be taken, and devote it temporarily to the public use specified in the petition, upon depositing with the court the sum stated in the answer as the value of the property, and which sum shall be applied, so far as it may be necessary for that purpose, to the payment of the award that may be made, and the costs and expenses of the proceeding, and the residue, if any, returned to the plaintiff, and, in case the petition should be dismissed, or no award should be made, or the proceedings should be aban- doned by the plaintiff, the court shall direct that the money so deposited, so far as it may be necessary, shall be applied to the payment of any damages which the defendant may have sustained by such entry upon and use of his property, and his costs and expenses of the proceeding, such damages to be ascertained by the court, or a referee to be appointed for that purpose, and if the sum so deposited shall be insufficient to pay such damages, and all costs and expenses awarded to the defendant, judgment shall be entered against the plaintiff for the deficiency, to be enforced and collected in the same manner as a judgment in the supreme court; and the possession of the property shall be restored to the defendant. § 3381. Notice of pendency of action to be filed. Upon service of the petition, or at any time afterwards before the entry of the final order, the plaintiff may file in the clerk's office of each county, •where any part of the property is situated, a notice of the pendency of the proceeding, stating the names of the parties and the object of the proceed- 456 The Village Laws of New Yoek ing, and containing a brief description of the property affected thereby, and from the time of filing, such notice shall be constructive notice to a pur- chaser, or incumbrancer of the property affected thereby, from or against a ■defendant with respect to whom the notice is directed to be indexed, as herein prescribed, and a person whose conveyance or incumbrance is subse- quently executed or subsequently recorded, is bound by all proceedings taken in the proceeding after the filing of the notice, to the same extent as if he was a party thereto. The county clerk must immediately record such notice when filed in the book in his office kept for the purpose of recording notices of pendency of actions, and index it to the name of each defendant specified in the direction appended at the foot of the notice, and subscribed by the plaintiff or his attorney. § 3382. Power of court to make necessary orders. In proceedings under this title, where the mode or manner of conducting all or any of the proceedings therein is not expressly provided for by law, the court before whom such proceedings may be pending, shall have the power to make all necessary orders and give necessary directions to carry into effect the object and intent of this title, and of the several acts con- ferring authority to condemn lands for public use, and the practice in such cases shall conform, as near as may be, to the ordinary practice in such court. I 3383. Repealing clause; limitations. So much of all acts and parts of acts as prescribe a method of procedure in proceedings for the condemnation of real property for a public use is repealed, except such acts and parts of acts as prescribe a method of pro- cedure for the condemnation of real property for public use as a highway, ■or as a street, avenue, or public place in an incorporated city or village, or as may prescribe methods of procedure for such condemnation for any public use for, by, on behalf, on the part, or" in the name of the corporation of the city of New York, known as the mayor, aldermen, and commonalty of the city of New York, or by whatever name known, or by or on the application of any board, department, commissioners or other officers acting for or on behalf or in the name of such corporation or city, or where the title to the Teal property so to be acquired vests in such corporation or in such city; and all proceedings for the condemnation of real property embraced within the exceptions enumerated in this section are exempted from the operation of this title. § 3384. When act takes effect This title shall take effect on the first day of May, one thousand eight hun- dred and ninety, and shall not affect any proceeding previously commenced. CODE OF CRIMINAL PROCEDURE— MISCELLANEOUS PROVISIONS. § 56. Jurisdiction of courts. Subject to the power of Temoval provided for in this chapter, courts of special sessions, except in the city and county of New York and the city of Albany, have in the first instance exclusive jurisdiction to hear and deter- mine charges of misdemeanors committed within their respective counties, . A3 follows : The Village Laws of New Yoek 457 1. Petit larceny, charged as a first offense. 2. Assault in the third degree. 3. Racing, running or testing the speed of any animal within one mile of the place where any court is held. 4. Wrongfully severing any produce or article from the freehold, not amounting to grand larceny. 5. Selling poisonous substances not labeled as required by law. 6. Wrongfully and maliciously removing, defacing or cutting down monu- ments or marked trees. 7. Wrongfully destroying or removing mile-stones, mile-boards or guide- boards, or altering or defacing any inscription thereon. 8. Wrongfully destroying any public or toll-gate or turnpike gate. 9. Intoxication of a person engaged in running any locomotive, engine upon any railroad, or while acting as conductor of a car, or train of cars, on any such railroad, or a misdemeanor committed by any person on a rail- road car or train. 10. Setting up or drawing unauthorized lotteries, or printing and publish- ing an account of any such illegal lottery, game, or device, or selling lottery tickets, or procuring them to be sold, or offering for sale or distributing any property depending upon any lottery, or for selling any chances in any lot- tery contrary to the provisions of law. 11. Unlawfully running, trotting or pacing horses or any other animals. 12. Making or selling slung-shot or any similar weapon. 13. Unlawfully disclosing the finding of an indictment. 14. Unlawfully bringing to or carrying letters from any county jail, peni- tentiary or state prison. 15. Unlawfully destroying or injuring any mill-dam or embankment neces- sary for the support of such dam. 16. Unlawfully injuring any telegraph wire, post, pier, abutment, materials or property belonging to any line of telegraph, wilfully giving a. false alarm of fire, or wilfully tampering, meddling or interfering with any station or ibox of a'ny fire alarm telegraph system, or injuring any box, station, wires, poles, supports and appliances connected with or forming a part of any fire alarm telegraph system. (Amended by L. 1905, Ch. 279. In effect Sept. 1, 1905.) 17. Unlawfully counterfeiting any representation, likeness, similitude or copy of a private stamp, wrapper or label of any mechanic or manufacturer. 18. Malicious trespass on lands, trees or timber, or injuring any fruit or ornamental or shade trees or vines. 19. Maliciously breaking or lowering any canal walls, or wantonly opening any lock-gate, or destroying any bridge, or otherwise unlawfully injuring such canal or bridge. 20. Unlawfully counterfeiting or defacing marks on packages. 21. Unlawfully setting fire to wood or fallow land, or allowing the same to extend to lands of others, or unlawfully refusing to extinguish any fire. 22. Unlawfully or negligently cutting out, altering or defacing any mark on any logs, timber wood or plank, floating in any waters of this state, nr lying on the banks or shores of any such waters, or at any saw-mills, or on any island where the same may have drifted. 23. Unlawfully frequenting or attending a steamboat landing, railroad 458 The Village Laws oe New Yoke depot, church, banking institution, broker's, office, place of public amusement, auction-room, store, auction sale at private residence, passenger car, 'hotel, restaurant, or at any other gathering of people. 24. Unlawfully taking and carrying away the oysters of another, law- fully planted upon the bed of a river, bay, sound or other waters within the jurisdiction of this state. 25. Removing property out of the county, with intent to prevent the same from being levied upon by execution, or secreting, assigning, conveying or otherwise disposing of property, with intent to defraud any creditor, or to prevent the property being made liable for the payment of debts, or for receiving property with such intent. 26. Driving any carriage upon a turnpike, road or highway for the purpose of running horses; or wilfully and without authority riding a bicycle upon & sidewalk or foot-path constructed, maintained, or allowed to remain for the exclusive use of pedestrians, in any street where a sidepath for bicycles is maintained outside of an incorporated city or village; or for driving or operating any automobile or motor vehicle upon any plank road, turnpike or public highway at an unlawful rate of speed. (Amended by L. 1902, Ch. 249. In effect Sept. 1, 1902.) 27. Cruelty to animals or children or offenses of children under .section twenty-one hundred and eighty-six of the penal law. (Amended by L. 1909, Ch. 66, § 5. In effect Feb. 17, 1909.) 28. Cheating at games. 29. Winning or losing at any game or play, or by any bet, as much as twenty-five dollars within twenty-four hours. 30. Selling liquors in a court-*house or jail contrary to law. 31. Exposure of the person contrary to law. 32. Crimes against the provisions of existing laws for the prevention of wanton or malicious mischief. 33. When a, complaint is made to or a warrant is issued by a committing magistrate, for a violation of the laws relating to excise and the regulation of taverns, inns and hotels, or for unlawfully selling or giving to any Indian spirituous liquors or intoxicating drinks. 34. Frauds on hotel, inn, tavern and boarding-house keepers. 35. All violations of the provisions of the agricultural, poor and general business laws. (Amended by L. 1909, Ch. 66, § 5. In effect Feb. 17, 1909.) 36. When a complaint is made to or a warrant is issued by a committing magistrate for a violation of the provisions of section forty-three or seven hundred and twenty of the penal law of the state of New York. (Added by L. 1903, Ch. 92. Amended by L. 1909, Ch. 66, § 5. In effect Feb. 17, 1909.) 37. Such other jurisdiction as is now provided by special statute or municipal ordinance authorized by statute. 38. When a complaint is made to or a warrant is issued by a committing magistrate for any misdemeanor not included in the foregoing subdivisions of this section, if the accused shall elect to be tried by a court of special sessions, as provided by section two hundred and eleven. But this sub- division shall not apply to any misdemeanor which is or may be punishable by a fine exceeding fifty dollars, or by imprisonment exceeding six months. 39. All violations of the law regarding the junk business and requiring; The Village Laws of New Yoke 459 persons engaged in such business to procure a license. (Added by L. 1906, <3h. 497. In effect Sept. 1, 1906.) ■§ 74. Jurisdiction. Police justices have such jurisdiction, and such only, as is specially con- ferred upon them by statute. The courts held by police justices are called police courts, and courts of special sessions are also called police courts, and are so designated in different parts of the Code. § 78. Compensation of justice. A police justice cannot retain to his own use any costs or fees, but may receive for his services an annual salary, to be fixed in villages by the board -of trustees, and in cities by the common council, except where the same is otherwise fixed by law; and such salary shall not be increased or decreased •during his term of office. § 101. Force to preserve the peace, at public meetings, when and how ordered. The mayor or other officer having the direction of the police in a city or village, must order a force, sufficient to preserve the peace, to attend any pubic meeting, when he is satisfied that a breach of the peace is to be apprehended. § 106. Magistrates and officers to command rioters to disperse. When persons, to the number of five or more, armed with dangerous weapons, or to the number of ten or more, whether armed or not, are unlawfully or riotously assembled in a city, village or town, the sheriff of the county and his under sheriff and deputies, the mayor and aldermen of the city, or the supervisor of the town, or president or chief executive officer of the village, and the justices of the peace or the police justices of the city, village or town, or such of them as can forthwith be collected, must go among the persons assembed and command them, in the name of the people of the state, immediately to disperse. -§ 107. To arrest rioters, if they do not disperse. If the persons assembled do not immediately disperse, the magistrates and officers must arrest them, or cause them to be arrested, that they may be punished according to law; and for that purpose, may command the aid of all persons present or within the county. § 108. Consequences of refusal to aid the magistrates or officers. If a person so commanded to aid the magistrates or officers, neglects to do' so, he is deemed one of the rioters, and is punishable accordingly. ;| 109. Consequences of neglect or refusal of a magistrate or officer to act. If a magistrate or officer having notice of an unlawful or riotous assem- bly, mentioned in section one hundred and six, neglects to proceed to the place of the assembly, or as near thereto as he can with safety, and to 460 The Village Laws of New York exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. § no. Proceedings, if rioters do not disperse. If the persons assembled, and commanded to disperse, do not immediately disperse, any two of the magistrates or officers mentioned in section one hundred and six, may command the aid of a sufficient number of persons, and may proceed in such manner as in their judgment is necessary, to disperse the assembly and arrest the offenders. PART III The Village Laws of New Yoek 461 PART III FORMS No. 1. Notice of Hearing on Proposition for Incorporation. (Village Law, § 4.) IN THE MATTER OF THE INCORPORA- TION OF THE VILLAGE OF Notice is hereby given, in pursuance of section 4 of the Village Law, "that a proposition for the incorporation of the village of , has been received by me (or us) ; that a hearing will be had by me on such proposition at , on the day of , 18 . . . at , in the noon ; and that such proposition will be open "for public inspection at until such date. Dated Supervisor of the Town of No. 2. Decision of Supervisor. (Village Law, § 6.) TN THE MATTER OF THE INCORPORA- TION OF THE VILLAGE OF A proposition for the incorporation of the village of hav- ing been received by me, and a hearing having been held thereon in pursuance of section 4 of the Village Law on the day of , 18 ... . I hereby decide that such proposition complies in every respect -with the Village Law (or, that such proposition does not comply with, the Village Law in the following respects : ) Dated Supervisor of the Town of 462 The Village Laws of New Yobk No. 3. Notice of Appeal from Favorable Decision. (Village Law, § 7.) IN THE MATTER OF THE INCORPORA- TION OF THE VILLAGE OF Take notice: The undersigned, a resident taxpayer of the town of , appeals to the County Court of , from the de- cision of the supervisor (or supervisors) of the town (or towns) of sustaining a proposition for the incorporation of the village of , therein, filed in the clerk's office of such town on the day of ,, 18.... Dated To A, B, Town Clerk of the Town of. No. 4. Notice of Argument. (Village Law, § 8.) IN THE MATTER OF THE INCORPORA- TION OF THE VILLAGE OF Sir. — Take notice that the appeal from the decision of the supervisors in the matter of the incorporation of the village of -will he brought on for argument before the County Court of the county ef on the day of , 18. . at , at 10 o'clock in the forenoon, or as soon thereaf ter- as counsel can be heard. Dated R S. To A B, C D and E F. The Village Laws of New Yoek 463 No. 5. Decision of the Court (Village Law, § 8.) At a term of the County Court, held at , -on the day of , at Present — Hon. A B, Judge. IN THE MATTER OF THE INCORPORA- TION OF THE VILLAGE OF It having been made to appear to this court that a proposition for the incorporation of the village of , in the town of , was filed with the supervisor of such town and a hearing had thereon be- fore such supervisor on the day of , 18 . . , and "that the decision of such supervisor sustained the proposition for the incor- poration of such village, and an appeal having been taken to this court by , a resident taxpayer of the town of , and such appeal having been duly heard by this court on the day of , 18.., at which hearing R S appeared in favor of sustaining the incorporation of such village and C D appeared in opposition thereto', Ordered, That the decision of the supervisor therein be in all respects affirmed. A B, County Judge. No. «. Notice of Election. (Village Law, 5 10.) Notice is hereby given that on the day of , 18 . ., between one o'clock in the afternoon and eight o'clock in the evening an elec- tion will be held at to determine whether the territory here- inafter described shall be incorporated as the village of The territory proposed to be incorporated as described in the proposition for the incorporation of such village is as follows: Dated Clerk of the Town of .... 464 The Village Laws of New Yobk No. 7. Certificate of Canvass. (Village Law, § 14.) We hereby certify that on the day of , IS. ., an election was held at , in the town of , county of , for the purpose of determining upon the incorporation of the territory described in the annexed notice, as the village of The following is a true and correct canvass of the ballots cast at such election : Whole number of ballots cast was Number of ballots cast with words " for incorporation " thereon was Number of ballots cast with the words " against incorporations " thereon was Dated Inspectors of Election. STATE OP NEW YORK, 1. County of I A B, C D, and E F, being duly sworn depose and say, each for himself, that he was an inspector at an, election held in pursuance of the annexed notice, and that the foregoing is a true canvass of the votes cast at such election. A B, CD, E P. Subscribed and sworn to before me, 1 this day of 18.. ( HL, Notary Public. (Attach notice of election and affidavit of posting the same. If territory is in two or more towns the statement in the foregoing certificate should be made as to each town separately.) The Village Laws of New Yoek 465. No. 8. Notice of Appeal from Election. (Village Law, § 16.) IN THE MATTER OP THE INCORPORA- TION OP THE VILLAGE OP Take notice: The undersigned A. B. qualified to vote at the election hehi upon the day of to determine upon the incor- poration of the village of appeals therefrom to the County- Court of the county of Dated IB. To C. D, Town Clerk of the Town of No. 9. Appointment of Officers. (Village Law, § 27.) In pursuance of section 27 of the Village Law, I hereby appoint A B as village clerk of the village of , and C D and E P and G H inspectors of election at the first election to be held therein. Dated RS, Town Clerk of the Town of No. 10. Notice of Election. (Village Law, § 28.) Notice is hereby given that an election of officers will be held in the village of on the day of , 18..^ between the hours of o'clock in the forenoon and o'clock in the afternoon, for the purpose of electing the following officers of such village: A president, two' trustees, to hold office until the third Tuesday in March, 18.., (or, if such election is held after the first of September, but before the day fixed for the next annual election, one trustee to hold office until the third Tuesday in March, 18 . . , and one trustee to hold office until the third Tuesday in March, 18..), a treasurer and a. collector. Dated Village Clerk. 466 The Village Laws of New Yoek No. 11. Proposition to Change Number of Trustees. (Village Law, § 45.) (See Forms Nos. 20, 21, 22.) Shall the number of trustees of the village of be changed -irom to (such number must be within the limitation prescribed by section 44.) No. 12. Proposition Determining Future Number of Trustees. (Village Law, § 47.) "To the Board of Trustees of the Village of : The undersigned, twenty-five electors qualified to vote upon a propo- sition in suoh village, hereby request that the following proposition be submitted to the electors thereof at a special election to be held therein on the day of , 18. ., in pursuance of section 47 of the Village Law. Proposition determining future number of trustees. Shall the number of trustees of such village be , (Number to be within limitations of section 44.) Dated A B, CD, E F. etc. No. 13. Proposition to Elect Trustees by Wards. (Village Law, § 46.) (See Forms Nos. 20, 21, 22.) Shall the trustees of the village of be hereafter elected by wards, in pursuance of section 49 of the Village Law? No. 14. Resolution Dividing .Villages into Wards. (Village Law, § 46.) At a meeting of the board of trustees of the village of held on the day of , 18 . . Whereas, A proposition for the election of the trustees of the village «f by wards, was duly adopted by the electors thereof at an election held therein on the day of , 18. . Resolved, That the village is hereby divided into wards abounded and described as follows: First ward (describe). Second ward (describe). Adopted. Noes A B^ -Ayes President. CD, Clerk. The Village Laws oe New Yoek 46 7 No. 15. Resolution Dividing Village into Election Districts. (Village Law, § 49.) At a meeting of the board of trustees of the village of , held on the day of , 18. . Whereas, It appears by the certificate of the canvass of an election held in the village of , on the day of , 18.., that more than eight hundred votes were cast thereat for village ■officer, Resolved, That the village is hereby divided into election -districts bounded and described as follows: First district (describe). Second district (describe). Adopted. Ayes Noes A B, President. C D, Clerk. No. 16. Resolution Designating Place and Time of Annual Election. (Village Law, § 52.) At a meeting of the board of trustees of the village of , held on the day of , 18. . Resolved, That the next annual election in the village of will be held at in such village (if village is divided into election districts, specify place in the district) between the hours of in the noon and o'clock in the noon. Adopted. Ayes Noes AB, President. CD, Clerk. No'. 17. Notice of Election. (Village Law, § 52.) Notice is hereby given that the annual election will be held in the village of , at (if in more than one district, specify such places) on the day of , 18.., between -the hours of in the noon, and in the noon; 468 The Village Laws of New Yoke and that at such election the following officers are to be elected, for the terms set opposite thereto, respectively: Officers, Terms, That at such election the following propositions are to be voted upon: (set forth each proposition whether proposed by the board of trustees, a separate board, or upon the request of twenty-five electors.) Dated A B, President. CD, Clerk. No. 18. Certificate of Canvass. (Village Law, § 53.) This is to certify that the annual election was held at , inr. the village of , on the day of , 18. . ; That at such election the total number of votes east for the office of president was ; That votes were cast for A B for such office; That votes were cast for C D for such office; (Repeat as to each office voted for.) That the total number of votes cast upon the proposition to was ; That the number of votes for such proposition was _ That the number of votes against such proposition was _ (Repeat as to each proposition voted for.) Dated Inspectors of Election. STATE OF NEW YORK, ) County of f A B, C D, and E F, being each duly sworn, deposes and says, each for himself, that he was an inspector of election at an election held in pur- suance of the annexed notice, and that the foregoing is a true canvass of the vote cast at such election. A B, C D, E F_ fiubscribed and sworn to before me, 1 5 "_ 1 this day of 18. R'S. (Attach notice of election and affidavit of posting the same.) The Village Laws of New York 469 No. 19. Notice of Special Election of Officers. (Village Law, § 55.) Notice is hereby given that the date fixed by law for the annual election in the village of , having passed and no election having been held thereon, a. special election will be held therein (follow form No. 17). No. 20. Resolution Proposing to Submit Propositions. (Village Law, § 56.) At a meeting of the board of trustees of the village of , held on the day of , 18 . . Resolved, That the following proposition be submitted to the electors of the village of , at the next annual election (or, at a special election), to be held on the day of , 18.. Proposition for (state subject). Shall, etc. A B, President. Adopted, C D, Ayes Clerk. Noes No. 21. Request for Submission of Proposition by Twenty-five Electors. (Village Law, § 56.) To the Board of Trustees of the Village of : We, the undersigned, twenty-five electors qualified to vote upon a proposi- tion in such village, hereby request that the following proposition be sub- mitted to the electors thereof in pursuance of section 59 of the Village Law. Proposition for (state subject). Shall, etc. Dated A B, C D, E F, etc. No. 22. Request for Submission of Proposition by Separate Board. (Village Law, § 56.) To the Board of Trustees of the Village of : The undersigned, a majority of the members of the board of fire (or other} commissioners of the village of , hereby request that th« following proposition be submitted to the electors thereof in pursuance of section 59 of the Village Law: Proposition for (state subject). Shall, etc. A B, Dated CD, 1 E F. 470- The .Village Laws of New Yobk No. 23. Resolution Fixing Time for Special Election. (Village Law, § 56.) At a meeting of the board of trustees of the village of , held on the day of , 18. . Whereas, A request was presented to the board of trustees of the village of , on the day of , 18 . . , by twenty-five electors qualified to vote upon a proposition, requesting the submission of the fol- lowing proposition to the electors thereof: (Set out proposition.) Resolved, That such proposition be submitted at a special election to be held at on the day of , 18 . . , between the hours of .... o'clock in the noon to .... o'clock in the afternoon. A B, President. C D, Clerk. Adopted. Ayes . . Noes.. No. 24. Official Undertaking. (Village Law, § 58.) Whereas, A B was elected (or appointed) of the village of , on the day of , 18. . Now, therefore, we, the said A B, as principal, and C D and E F, as sureties, do hereby undertake by and with the village of , in the sum of , that said A B will faithfully discharge and exe- cute his duties as such and will faithfully account for and pay over all moneys received by him as such A B, C D, E F. STATE OF NEW YORK, ) County of ; . 1 On this day of , before me, the subscriber, personally appeared A B, C D and E F, to me personally known to be the persons described in and who executed the foregoing undertaking and severally acknowledged, each for himself, that they executed the same. R S, Notary Public. Justification. STATE OF NEW YORK, ) County of I C D and E F, the sureties mentioned in the foregoing undertaking, being 'severally duly sworn, says, each for himself, that he is a resident and freeholder (or householder) within this state, and is worth dollars, over and above the debts and liabilities which he owes or has The Village Laws of New Yoke 471 incurred and exclusive of property exempt by law from levy and sale on execution. C D, E F. Subscribed and sworn to before me, ] this day of 18.. NX Notary Public. Approval. The board of trustees has duly approved of the within undertaking, and of the sufficiency of the sureties therein named. K S, Clerk. No. 25. Oath of Office. (Village Law, § 59.) I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of of the village of , according to the best of my ability. (If the- officer was chosen at an election the following shall be added) : And 1 do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or prom- ised to contribute any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote. A B. Subscribed and sworn to before me, ) this day of 18.. C C D, Notary Public. No. 26. Notice of Clerk to Person Chosen to Fill an Office. (Village Law, § 59.) To AB: You will please take notice that at the annual election of the village of , you were elected to the office of , for a term 'beginning on and that you are required to file your oath of office with me before entering upon the duties thereof. (And, if an under- taking is required, that you are required by law to file your undertaking with me before entering upon the duties of your office, and that upon your failure to do so, you will be deemed to have declined such office.) Dated A B, Village Clerk. 472 The Village Laws of New Yoek No. 27. Resignation of Village Officer. (Village Law, § 60.) To the Board of Trustees of the Village of : I hereby tender my resignation of the office of of said Tillage for the following reasons: Dated this day of , 18. . AB. No. 28. Appointment to Fill Vacancy. (Village Law, § 61.) At a meeting of the board of trustees of the village of , held at on the day of , 18. . Whereas, A vacancy has occurred in the office of of said village by the resignation (or otherwise) of A. B; now, therefore, Resolved, That C D be hereby appointed to fill such vacancy until the end of the current official year. (If appointive, for the balance of the unexpired term.) E F, President. GH, Clerk. Adopted. Ayes Noes , . No. 29. Notice of Meeting of Board. (Village Law, § 87.) Vou are hereby notified that a special meeting of the board of trustees of the village of , will be held at in such village on the day of , 18.., at seven o'clock in the evening. Dated A B, President. The .Village Laws of New Yoke 473 No. 30. Resolution for Anest of Member. (Village Law, § 88.) At a meeting of the board of trustees of the village of , held -on the day of , 18. . Whereas, A B, a member of the board of trustees of the village of , has absented himself from a. meeting of such board of which he was duly notified and which is now in session; Resolved, That such member be arrested by any peace officer residing in the village and brought before the board to answer for his neglect to attend such meeting. C D, President. Adopted. E F, Ayes Clerk. Noes Certificate of Clerk. I hereby certify that I have compared the foregoing resolution with the original resolution filed with me, and that the same is a true and correct copy of such original, and of the whole thereof. E F, Village Clerk. No. 31. Form of Account. (Village Law, § 89, subd. 21.) The village of In account with A. B. Dr. Date. NATURE. Amount. B Dated STATE OF NEW YORK, } County of ( A B, being duly sworn, says, that the items of the foregoing account are correct, that the services and disbursements charged were in fact rendered or paid at the times stated therein, and that no part thereof has been paid or satisfied by the village. A B. Subscribed and sworn to before me, 1 this day of 18. Notary Public. 474 The Village Laws of ITbw York No. 32. License. (Village Law, § 91.) A B is hereby licensed, in pursuance of section 90 of the Village Law. to in the village of , for the period of one year from the day of , 18.., upon the payment to the treas- urer of such village of the sum of dollars, the fee fixed therefor by the board of trustees, in pursuance of the Village Law. Dated CD, President. E F, Clerk. Received of A B, the sum of license. Dated Indorsement of Treasurer. , the fee fixed by the within; GH, Treasurer. No. 33. Assessment-Roll. (Village Law, § 104.) Assessment-roll of village of . . . : for the year 18. Residents. NAMES OF TAXABLE PERSONS. James Smith James Smith, executor, etc John Doe, nonresident creditor. The (name of corporation) . Capital 1200,000 Real estate . .120,000 Stock owned by Albany Home for Orphans... 5,000 25,000 $175,000 Number of acres taxed. 50 100 Manufactur- ing building at 60 Fine st. Full value of real property taxed. $4,000 00 8,000 00 20,000 00 Full value of personal property taxed. $500 00 200 00 Debt owed by 500 00 175,000 00 Value of rents taxed $100 75 Y00 00 Amount of tax. The Village Laws of New York Lands of Nonbesidents. 475- NAME OR DESCRIP- TION OF TRACT. d Description of part. a _o '■£ DO 1 ft la (a a * o d 15 V u s u 6 Z D 0) s 1 Full value. ii 1 2 2 2 2 2 2 3 3 3 3 3 1 1 1 1 1 300 200 100 10 66J 5,900 (10,000 00 8,000 00 4,000 00 1,000 00 i i 5,000 00 SO, 000 00 The tract described as The portion there- of described as The tract described aa fol- lows: (describe), which is not subd vided into Amount of tax. No. 34. Notice of Meeting to Heai Complaints. (Village Law, § 105.) Take notice: The assessors of the village of have prepared their assessment-roll for the current year; that a copy thereof will be deposited with the village clerk, at his office (or, as the case may be), in such village, on the day of , next (at least five days prior to date of hearing), where it may be seen and examined by any person until the first Tuesday in May (or, June), next, and that on such day, at , between the hours of in the noon and in the noon, 476 The Village Laws of Xew Yoek -the said assessors will meet for the purpose of completing such assessment-roll and of hearing and determining complaints in relation thereto, on the applica- tion of any person conceiving himself aggrieved thereby. Dated A B, C D, E F, Assessors. No. 35. Affidavit on Application to Correct Assessment. (Village Law, § 105.) STATE OF NEW YORK, ; County of A B, being duly sworn^ says that he is assessed on the assessment-roll of the village of , for the year 18. ., for dollars; that such assessment is incorrect and excessive for the reason that just debts owing by him have not been deducted; that the amount of such debts is dollars, and that there is not included in such amount any debt contracted or incurred in the purchase of nontaxable property or securities owned by him or held for his benefit, nor for or on account of any indirect liability as surety, guarantor, indorser, or other- wise, nor for the purpose of evading taxation. . t> Subscribed and sworn to before me, 1 this day of 18.. j C D, Notary Public. ' ( ss.. No. 36. Oath to Soil, Where Originally Prepared by Assessors. (Village Law, § 106.) •STATE OP NEW YORK, 1 gg . County of l We, the undersigned, do severally depose and swear that we have set down in the foregoing assessment-roll all the real estate situated in the village, according to our best information; and that, with the exception of those cases in which the value of the said real estsHSe has been changed "by reason of proof produced before us, we have estimated the value of the said real estate at the sums which a majority of the assessors have decided to be the full value thereof; and also, that the said assessment-roll con- tains a true statement of the aggregate amount of the taxable personal estate of each and every person named in such roll over and above the amount of debts due from such persons, respectively, and excluding such stocks as are otherwise taxable, and such other property as is exempt by law from taxation, at the full value thereof, according to our best judg- ment and belief. A B, C D, E F, Assessors of the Village of Sworn to before me, this day of , 18. . (Signature of Notary.) tK,l d, do se-s The Village Laws of New Yoek 477 No. 37. Oath to Roll, Where Copied from Town-Roll. (Village Law, § 106.) STATE OF NEW YORK, County of We, the undersigned, d"o severally depose and swear that the forego- ing assessment-roll was prepared by copying the same from the assess- ment-roll of the town of , and contains, to the best of our knowledge, a true statement of the property, persons and corporations liable to assessment and taxation within the village as the same appears upon such assessment-roll, except where the valuation thereof has been changed or u. new or additional assessment has been made, and that in changing such valuation or in making such new or additional assess- ment, we have estimated the value of the real estate at the sums which a majority of the assessors had decided to be the full value thereof, according to our best knowledge and belief. A B, C D, E F, Assessors of the Village of Sworn to before me, this . . . day of , 18.. Notary Public. No. 38. Notice of Completion of Assessment-Roll. (Village Law, § 108.) Take notice: The assessment-roll for the village of for the year 18.., has been finally completed, and was filed in the office of the village clerk on the day of , 18.., where the same will remain open to public inspection for fifteen days after the date (of this notice. Dated A B, C D, E F, Assessors of the Village of No. 39. Collector's Warrant. (Village Law, § 114.) You are hereby commanded to receive and collect from the several per- sons named in the assessment-roll, hereunto annexed, the several sums. 478 The Village Laws of New Yobk named in the last column thereof opposite their respective names, for tile- following purposes: For the general fund $ » For the street fund - For the maintenance of sewers - For the payment of principal and interest on bonds accruing on the day of , 18. ., for the construction of a lighting system Being for all purposes a total amount of. On all taxes to within twenty days after giving notice of the reception of this tax-roll or warrant, as required by section 115 of the Village Law,, you a»e hereby directed to receive and collect, in addition to the taxes raised in such assessment-roll, one cent on every dollar or sum less than a dollar of taxes as your fee for collecting the same. On all taxes remaining- unpaid after the expiration of said twenty days, you are entitled to receive and collect, in addition to such taxes remaining unpaid, five cents on every dollar, as your fees for collecting the same. You will proceed and collect such taxes in the manner provided by section 115 of the Village Law. If any person named in such assessment-roll shall neglect or refuse to pay the taxes assessed therein to him, or the fees for collecting the same, you are hereby authorized to levy and collect such taxes by distress and sale of the goods and chattels of such person within such village, together with the costs and charges of such distress and sale, and for so doing, this shall be your sufficient warrant. Given under our hands and the seal of the village of , on. this day of ...: , 18.. AB, Chairman. Attest, C D, Clerk. (Village seal.) No. 40. Notice of Collector. (Village Law, § 115.) Take notice: I, the undersigned, the collector of taxes in and for the village of , have received the tax-roll and warrant for the collection of taxes for the present year, and I will attend at , in said village, on (naming six days, not less than nine nor 0101*6 than twenty days after publication and posting such notice), from o'clock in the noon until o'clock in the noon of each sueh day, for the purpose of receiving taxes assessed upon such roll. Dated A B, Collector. ' The Village Laws of New Yoek 479' No. 41. Notice of Sale by Collector. (Village Law, § 115.) By virtue of a warrant delivered to me, as collector of the village of , 1 have levied upon and taken possession of the following goods and chattels of C D, (or in his possession) , and I shall sell the same at public auction at in the village of ...:.... on the day of next, at o'clock in the noon on that day. Dated A B, Collector. No. 42. Affidavit that Notice of Sale has been Given. (Village Law, § 115.) STATE OF NEW YORK, 1 gs . County of f R S, of the village of , in said county, being duly sworn, ■deposes and says, that on the day of , 18. ., he posted in the village of , » notice of the sale of the goods and chattels of C D, at the three following places (insert places), and that the said notice continued so posted until the day of , 18.., the day appointed therein for the sale of such goods and chattels. R S. 'Subscribed and sworn to before me, 1 this day of 18.. f Notary Public. No. 43. Collector's Return. (Village Law, § 116.) "STATE OF NEW YORK, County of ' A B, being duly sworn, deposes and says, that he is the collector of taxes for the village of ; that the annexed is a true account of the taxes remaining unpaid upon the assessment-roll of such village for the year 18..; that the sums mentioned therein remain unpaid, and that he has not, upon diligent inquiry, been able to discover any personal property out of which the same might be collected by levy and sale. (If such tax is uncollected upon lands assessed to nonresidents also state Teason why same are not collected.) AB, Collector. Subscribed and sworn to before me, 1 this day of 18.. ( Notary Public. 480 The Village Laws of New Yobk No. 44. Form of Coupon Bond. (Village Law, § 129.) $1,000. UNITED STATES OF AMERICA. No. IN- STATE OF NEW YORK, 1 County of ( VILLAGE OF , WATER WORKS BONDS. The village of promises to pay to bearer the sum of one- thousand dollars on the 1st day of September, 1902, with interest thereon at the rate of (not to exceed five) per centum per annum until paid, payable annually on the first day of September in each year, on presentation and surrender of the interest coupons hereto attached, both interest and principal payable in legal tender money of the United States- of America, at the bank of This bond is issued by the trustees of the village of , under and in pursuance of title four of chapter four hundred and fourteen of" the laws of eighteen hundred and ninety-seven, being an act entitled " An act in relation to villages, constituting chapter twenty-one of the- general laws," and the proceedings had by such village and its trustees- for the purpose of constructing a system of water works for such village. All prerequisites to the issuance of this bond have been duly observed. The credit of the village of is pledged for the payment , of this bond, principal and interest. In witness whereof, the president, treasurer and trustees of the village of have caused its corporate seal to be hereto affixed, and_ this bond to be signed by the president, and attested by the treasurer- of the village of Dated AB, President. (Seal) Attest, C D, Treasurer.. FORM OF COUPON. $40. The village of in the county of , New York, will pay- to the bearer, at the bank of , New York, forty dol- lars, on the 1st day of September, 1898, being the yearly interest oif ■water works bond No. 1. A B, President. CD, Treasurer. (Noncoupon bond is substantially the same in form, except the village- promises to pay to a specified person, or his assigns.) The Village Laws of New Yoke; 481 No. 45. Offer to Dedicate a Street, or Land for a Street. (Village Law, § 144.) To the Board of Trustees of the Village of ; In pursuance of section 144 of the Village Law, I hereby offer to dedicate. to the village of .- the street hereinafter described, laid out on land owned by me in such village. Such street is bounded and described as follows: (Insert description), (or, land for the purpose of a public street therein, bounded and described as follows) : Dated No. 46. Petition for Laying out Street. (Village Law, § 145.) To the Board of Trustees of the Village of : We, the undersigned, five resident freeholders of such village, hereby petition in pursuance of section 145 of the Village Law, for the laying out of a street therein, as hereinafter described. The names and residences of the petitioners are as follows: Such street begins at (insert general course thereof), and the following- lands are necessary to be taken therefor; a tract of land owned :by A B„ residing at , bounded and described as follows : (Insert the description of each parcel necessary to be taken, with the name and residence of the owner.) Dated A B, CD, E F. etc. No. 47. Notice of Meeting of Board to Consider Petition. (Village Law, § 146.) Notice is hereby given that a petition, duly signed by five resident free- holders, has been presented to the board of trustees of the village of , for the laying out of a street therein from (insert general course proposed) ; and that the board of trustees will meet at , on the day of , 18. ., at o'clock in the noon, to consider such petition and any objections thereto. Dated A B, Clerk. 482 The Village Laws of New Yobk No. 48. Older of Board Granting Petition. (Village Law, § 147;> At a meeting of the board of trustees of the village of , held ■on the day of , 18 . . ; Whereas, A petition was presented to the board of trustees of such village for the laying out of a street therein on the day of , 18. ., and a hearing was duly had before such board on the day -of , 18.., for the purpose of considering such petition and any objections thereto; Ordered; That such petition be granted; that such street be laid out in accordance with the description contained therein, and that the following described parcels of land be acquired therefor, in the manner provided by the Village Law: (Describe parcels.) A B, President. CD, Clerk. Adopted. Ayes Noes No. 49. Application for Commissioners. (Village Law, § 149.) COUNTY COURT, County. IN THE MATTER OF THE LAYING OUT OF A STREET IN THE VILLAGE OF Your petitioner, the board of trustees of- the village of respectfully shows to this court, that on the day of , 18.., a petition was duly presented to the board of trustees of such village for the laying out of a street therein; that a meeting was duly held on the day of , 18.., by the board of trustees to consider such petition and any objections thereto; that thereafter it was duly determined by the trustees that such petition should be granted and that a street should be laid out in such village in accordance with the description thereof contained in such petition; that your petitioner has been unable to agree with R C for the purchase of a parcel of land owned by him and which is necessary for the purpose of laying out such street. Ths Village Laws of New Yokk 483 Wherefore, Your petitioner prays, in pursuance of section 149 of tie Village Law, for the appointment of three commissioners to determine the compensation to which such owner is entitled by reason of the laying out of such street. Dated this day of , 18. . A B, President. STATE OF NEW YORK, ) County of f A B, being duly sworn, says that he is president of the village of and chairman of the board of trustees thereof; that he has read the fore- going petition by him subscribed, and that the same is true of his own knowledge, except as to the matters therein stated to be alleged on informa- tion and belief, and that as to those matters he believes it to be true. A B. Subscribed and sworn to before me, 1 this day of 18 . . I Notary Public. No. 50. Notice of Application. (Village Law, § 149.) -To RS: Notice is hereby given that on the day of , 18.., the annexed petition will be presented to the county court of the county of , at o'clock in the noon. Dated A B, President. (Annex copy of petition). No. 51. Order Appeinting Commissioners. (Village Law, § 15ft) At a term of the county court of the county of , held at in the in and for said county. Present: Hon. M N (judge or justice). IN THE MATTER OF THE LAYING OUT OF A STREET IN THE VILLAGE OF On reading and filing the petition of the board of trustees of the village of , in said county, dated the day of , 18.., praying for the appointment of three commissioners to be appointed, pur- suant to section 150 of the Village Law, to assess the damages of (insert name of each owner whose damages are to be assessed) by reason of the laying out of a street therein, it is hereby 4S4 The Village Laws of New Yobk Ordered, That (insert names of three resident disinterested freeholders, cf the county, nonresidents of the village, nor nominated by persons inter- ested in the proceeding), be and they are hereby appointed such, commis- sioners. AB, County Judge. No. 52. Notice of Meeting of Commissioners. (Village Law, § 151.) IN THE MATTER OF THE LAYING OUT OF A STREET IN THE VILLAGE OF Notice is hereby given that the undersigned, commissioners appointed. herein to assess damages, will meet at , on the day of , 18.., at o'clock in the noon, for the pur- pose of examining the land for which compensation is to be determined by them, and taking testimony in relation thereto, at which hearing all- persons interested are notified to appear. Dated AB, C D, E F, Commissioners.. To the Board of Trustees of the Village of and ES.HW, etc No. 53. Notice of Agreement. (Village Law, § 152.) IN THE MATTER OF THE LAYING OUT OF A STREET IN THE VILLAGE OF To A B, C D and E F, Commissioners of Award: Notice is hereby given that the board of trustees of the village of , have agreed with R S upon the compensation to which he is entitled by reason of the laying out of such street, and you are hereby- directed to discontinue all proceedings as to him. Dated Board of Trustees, by N S, President- I C R, ! Clerk. R S. The Village Laws of New Yoek 485 No. 54. Award of Commissioners. (Village Law, § 152.) IN THE MATTER OF THE LAYING OUT OF A STREET IN THE VILLAGE OF The undersigned, A B, C D and E F, having been duly appointed com- missioners to assess damages herein, in pursuance of section 150 of the Village Law, by an order of the county court of the county of dated , 18 . . , whereby they were directed to assess and determine the compensation to which R S, H W, etc., were entitled by reason of the laying out of such street, and a hearing being duly had by them on the day of , 18.., and after examining the land for which compensation is to be determined, and taking testimony in relation thereto, and after making allowance for any benefit each owner may derive from the laying out of such street, they have determined sueh compensation and awarded to such owners the amount set opposite their names, respectively, as follows: Names. Amount. R s $400 oa Dated AB, C D, ? E F, Commissioners. (Attach to award, the order of appointment, the minutes of proceedings, the evidence taken by them, and any notice of agreement served on them, and file same in office of village clerk.) No. 55. Notice of Appeal. (Village Law, § 153.) IN THE MATTER OF THE LAYING OUT OF A STREET IN THE VILLAGE OF Take notice: The undersigned, R S (or, the board of trustees of the village of ) , appeals from the award of the commissioners herein to the county court of the county of , for the following reasons: (State reasons briefly.) Dated R S. < To the Board of Trustees of the Village of 486 The Village Laws of New Yokk No. 56. Notice to Bring on Appeal for Hearing. (Village Law, § 155.) IN THE MATTER OF THE LAYING OUT OF A STREET IN THE VILLAGE OF Sir. — Take notice, that the appeal from the award of the commissioners herein will foe brought on for argument before the county court of the county of , on the day of , 18.., at o'clock in the forenoon, or as soon thereafter as counsel can be heard. Dated RS. To the Board of Trustees of the Village of No. 57. Affidavit of Posting Notice. (Village Law, § 331.) STATE OF NEW YORK, ) County of f A B, being duly sworn, says that on the day of , 18. ., he posted the annexed notice (or ordinance) in conspicuous public places in the village of , to-wit: (State places.) AB. Subscribed and sworn to before me, 1 this day of 18.. f Notary Public. No. 58. Certificate of Change of Name. (Village Law, § 347.) We hereby certify that at the annual election held ia the village of , on the day of , 18.., the following proposition was submitted to the electors thereof: Shall the name of the village of , be changed to the village of ; and that such proposition was duly adopted thereat. Dated A B, President. CD, Clerk. i INDEX References are to pages. A. Page Abolition of boards 194 -Abutments in street 66 Abutting owners 124-125 Accounts, audit of 61 chief accountant 258 examiners of ' 258 expense of examination 2u9> falsification of £31 misappropriation of 391 of public ' officers 391 powers and duties of examiners 258 uniform system 258 Acknowledge, meaning of term 239 Acknowledgment, term defined 239 of instrument 239 Acquisition of forest lands ■ 263; Acquisition of property by condemnation 314 Acting police justice 141 Action, to recover on tax certificate 104 Actions, against village 203 by certain officers 448 for penalties 77, 203 condition precedent 204 discontinuance of 203 not affected by reincorporation 190 on accounts '. '61 pending 245 place of injury , 203 recovery of unpaid taxes 98 statement of claim 203; time of commencement 203-205. time of injury 203: to vacate assessment 84 when barred 259> Adjoining lands, division fences 315 settlement of disputes 315, Adjoining owners 12T Adjournment 23!> Affidavits 445 before whom taken 239 1 of printer 446 what term includes 242 without state 445 488 The Village Laws of New Yoke Page Affirmation, form of 445 when allowed 445 Agents, liability of municipality 200 officers acting as 54 of foreign insurance companies 404 tax upon 404 undertaking of 405 Alienation, suspension of power 187, 440 Ambulances, refusal to carry 259 Amusements 65 Amendments, complaint 205 Animals at large 64 Annexation of territory to extend boundaries 208 Annual assessment-roll 83 Annual election 32-35 canvass of 37 Annual financial statement - 81 Annual tax levy 88 Appeal, award of commissioners 120 apportionment of assessment 173 appellate division 14 costs on 121 hearing on 120, 173 notice of 120 return from 120 stay on 15, 454 time of 120 when taken 14 Appearance, of idiot 449 of infant 449 of habitual drunkard 44*> of lunatic 44!) Application for commissioners 118 Apportionment of assessments 172 Arrest, of disorderly persons 202 right to 202 Ashes 63 deposit of G8 Assessing cost of construction 172 Assessment of property 84 Assessment for drainage, appeal from 399 Assessment for fire protection . .' 157 Assessment for sidewalk i 91 Assessment-roll 83 as evidence 94 complaints 84 completion 85-8(5 correction of town roll 83 entry upon 84 filing of 86. form of 8S\ 380> Index 4S9 Page -Assessment-roll, notice of completion 87 preparation 83, 380 verification 85 what included 86-8D when town roll adopted 83 -Assessments, action to vacate 84 against firm 84 appeal from apportionment 173 apportionment of 172 borrowing money to pay 400 collateral attack 132 collection of 175 tearing of appeal 173 hearing of complaints 381 how laid ; 132 lien of 90-91 local 131 nature of 132 notice of hearing 132 objections to 85 omission of property '. 132 partial invalidity 132 payment of 132 power to levy strictly construed 89 refunding illegal 26ii review by certiorari 8.8 review of 3S1 right of review 88 special 90 substantial error 132 time of review 88 validity of 132 void on face 95 when set aside 132 when void 127 Assessors, continuance in office 210 election of 30 failure to hold meeting 87 hearing complaimts 84 how elected 27 in villages of third class 84 meeting of 84 oath of 86 powers of 84 trustees may act SO -Attorney 58 compensation 59 for board of health 59 power to employ 58 reasonable compensation 59 490 The Village Laws of New York Page= Attorney, right to represent 58- Auctions, place of 74 sale by 74 Auditing bills 61 allegations of complaint 62 duty to audit 62- power to audit •. 62 Award, appeal from 12* Award of commissioners 119 appeal from re- confirmation 125- hearing on appeal 120* time of appeal 120* Awards, against state 286- application of 287 investment of 287 B. Ballot boxes 12 Ballots, distribution of 353- excessive 13 failure to designate terms 38 form of 11, 190- official 41 unofficial , ,,,,,,.,,,,, , 37 Bands in street , , 66- Banks of deposit 61 Bar associations, bequests to 397 Barbed wire fences. ,,,,,,.,.. , .66, 317 Bathing and swimming 70 Bicycle licenses 64 Bicycles, limitation of power to make ordinances 279* regulation of use 278 riding on sidewalk 6> security for appearance upon arrest 279" Bills, auditing of 61 presentation of 62 posting of i 72 Billiard saloons 74 Board of cemetery commissioners 185 Board of health 53 appointment of 27 attorney for 59* lack of funds 5S- members of 53 municipal board 47" number of members 27 power to employ aid 5& Index 491 Page Board of health, retention of counsel 53 Board of park commissioners 185 Board of police commissioners 193 Boards of public health, duties of 330 expenses 3'41 inspection . . , 347 jurisdiction 340 meetings of 332 powers of 331 record of permits 347 report of sewerage 346 Board of public works 178 general powers 179 meetings 179 officers 179 reports 181 specific duties 180 specific powers 180 Board of trustees, discretionary powers 55 general powers 55 individual powers 55 may fix compensation of officers 53 meetings of 54 power to employ attorney 58 presiding officer 54 use of public funds 55 when to have power of other boards 61 Board of water commissioners 154 Boards, abolition of 191 consolidation of 194 Boats, landing of 70 Bonds 101 conversion of coupon 253 defects in 253 delivery essential 102 drainage improvement 396s employment of broker 102 equivalent to undertaking 239 exchange of 255 in aid of railroad 283 injunction of 102 issuance of 252 legalizing bond issues 256 liability imposed 102 municipal 251 necessity of. . 201 payment of 251-255 premiums on • 55 rate of interest .• 256 registry of 252 reissue of 256 resolution for issuance. 101 river improvement '■ 396g «ale of. 160, 255 492 The Village Lav.'s of New Yoek Page Bonds, sale price 102 Bonds should run to village 43 Bond issue, approval of 426 right to vote 25 validity of 101 Books and papers, open to inspection 47 Borrowing money 99, 196 Boundaries, diminishing 208 establishment of disputed boundaries 214a extension of 207, 208 Bowling alleys 74 Bribery, asking bribes 390 giving bribes 389 offering bribes 389 receiving bribes 390 Bridge, what constitutes 113* Bridges 100 care of 112 - change of grade 122 construction and repair 113 duty to repair 113 liability for failure to repair 113 Building codes 73 Buildings 56 adjacent to street 72 injunction against 70 insurance on 55 power to maintain 56 repair of 55 Business of corporation, term denned 403 C. Calendar day, meaning of term 240 Call for election, how signed 7 Canal boats i 74 Candidates, limitation of amount expended 383 penalty for failure to observe statutory requirements 384 statement of expenses 383 Canvass of annual election 37 Canvass of election 12 Care of streets 107 Carts 73 Cement sidewalks 131 Cemeteries 100, 18 1 acquisition of land : 184, 27") condemnation of land 185, 277 conveyance of lots : 185 , . division of lots 185 1 interments 335 interment of strangers 18(> private lots 137 Index 493 Page Cemeteries, property in trust 186 right of lot owner 277 right to borrow money for 277 ■Cemetery association 132 Cemetery commissioners, establishment of board. . • 44 number of 44 ordinances 185 report 187 Cemetery corporation, acquisition of property 411 Cemetery lands 91 Cemetery lots, trust for 415 Cemetery purposes ,. 440 Certain villages, provisions applicable 193 Certificates of consolidation, filing of 211 Certificate of election 190 Certificate of incorporation, term defined 403 Certificate of nomination, place of filing 351 time of filing 302 new nominations 354 Certificate of sale for taxes 96 Certiorari, allowance of writ 332 contents of petition 381 petition for 381 return to writ 382 Certiorari to review assessment 83 Change of grade 122 compensation 124 damages for 124 damages, when payable 125 costs of 125 Change of name 206 Changing trustees 27 Charitable institutions, maintenance and support 442 maintenance of 267 support of 257 Charity, gifts for 414 trust for , 414 Charter, construction of 3 Charter amendments 49 Charter provisions 152, 171, 204 Chattels, what term includes 239 Chief fiscal officer 50 •Chimneys, construction of 68 Choose, what term includes 239 Circuses 74 •City and village planning commissions 287 construction of article 287d creation, appointment and qualification of 287 general powers 287a maps and recommendations 287b officers, expenses and assistance 287a private streets 287c rules 287d ■City limits, burial within 186 Civil code, meaning of term 240 Civil service law 393 no promise of influence 396 political assessments 395 power of removal 393 494 The; Village Laws of New Yokk Page- Civil service law, preferences , 39$ recommendations for appointment 395- reinstatement 394 veterans #94 Claim, failure to file 204 filing copy 204 for supplies 20fr presentation of 152, 204, 392 rejection of 143 statement of 203 Claims for damages, when filed 125- Classification, change of 23 of villages 22: Cleaning streets 128- Clerk 50 duty of 37, 51 extra compensation 51 failure to affix seal 52 of board of health 51 of board of trustees 51 Clock and scales 59 Cloud on title 90-95 Coasting 65 Code of criminal proceedings... 456- Collection of taxes 92^ Colleges 360 may construct sewer system 360 may construct water works 360 Colony of New York, acts of 245 resolutions of 245 Commission, issuance of , 27 necessity of 52 term defined 366 Commissioner of highways 368 Commissioners, appointment of '. . . . 118-125- award of 119* compensation 121 fees 174 functions of 119 jurisdiction of 124 meeting of 11& new 174 notice of meeting 118 order appointing US procedure before 119, 174 qualifications of 11& report of 225 selection of 118- separate boards 44 Commissioners report, confirmation of 45£ Commissioners of reapportionment of assessments 174- Index 495 Page ■Common council 152 power of 152 may remove officer 49 Compensation 119 of attorney 59 of commissioners 121 of inspectors of election 54 of officers 48-53 of police justice 139 •of public officers 300 of supervisors 283 of town officers 313, 314 fixed by trustees 53 for change of grade 124 for sewers 17, 171 method of ascertainment 119 veterans reinstated 394 water rights 156 Complaint, amendment of 205 Comptroller, to furnish blank forms 257 Condemnation 448 abandonment of 45.'$ additional allowance of cost 452 answer in 450 appeal 454 appearance in 449, 430 application of provisions 448 by municipality 264 commissioner's report, setting aside 452 commissioners in 451 commissioners report 452 conflicting claimants 455 contents of answer 450 ■contents of petition 448 costs in 451, 452 deposit of money . 452 delivery of possession of premises 453 discontinuance of proceedings 453 enforcement of judgment 453 entry before 154, 155 for cemetery 185, 277 for lighting 67 for sewers 171, 314 injunction of 154 judgment in 451 new appraisal 454- ■notice annexed to petition 449 notice of pendency of action 455 notice, service of 441) •offer to purchase - 452 ■orders in 456 496 The Village Laws of New Yobk Pag© Condemnation, petition for 44* drainage improvement 396r proceedings for 44S- refusal to negotiate 153 repealing clause in statute 456- river improvement 39Sf stay on appeal 454 temporary possession pending proceedings 455 title by 59 trial of issues 450- verification of answer 450 verification of petition 450- water supply. 366bb water works corporations 309 writ of assistance 453 Condemnation commissioners 451 duties 451 powers , . . . 451 Condemnation commissioners' report, setting aside 452 Conditions precedent to action 204 Conduct of election 11 Conduct of election of officers 20- Conduits 67 Conformation to election laws 11 Consent to incorporation 6 Conservation law 396a Consolidated laws, meaning of term 240 effect of 246- effect on civil and criminal codes .- 247 effect on penal law 247" Consolidation 211 certificate of 211 clerk 212 effect of 211 effect on terms of office 293 first election .- 213 new village 214 number of trustees 212 number of wards 212 of boards 194 transfer of property 214 Consolidation of corporations 311 Consolidation of village boards 45- Constitutional provisions 441 appointment of officers 443 denominational schools 442 election of officers 443 incorporation 441 limitation of indebtedness 441 local bills 441 organization of cities and villages 444 private bills 441 prohibition against loans and credits 441 Contracts, acceptance of 200' Index ' 497 Page- Contracts, beyond statutory limit 152. bids upon 202 for lighting 161, 195 for materials 200 for sewerage purification 268 for sewer system 171 for water purification 268 for water supply 151 illegality of 200 in violation of ordinance 76 interest in 199 liability on 200 not assignable 267 not extended 152 of president 200 power of treasurer 50 ratification of 200 right of treasurer 50 security for 201 separate specifications 268 unlawfulness of 200 ultra vires 160 void 200 with municipalities 175 with other municipalities 159- Contractor, recourse of 200< Contractors, security 201 Contributory negligence Ill question for jury Ill Conversion of coupons 253 Corporate limits 158- water supply beyond 158 Corporate stock, taxation of 379 Corporation law, term defined 403 Costs 125, 452 of construction 172 on appeal 121' Council, employment of member 199 County court always open 205 jurisdiction of 190 County law 321 board of supervisors 321 County roads 366 County superintendent, term defined 366 County treasurer, term defined 372 Court of Appeals, seal of 299 Criminal code, meaning of term 240 Criminal jurisdiction 13g Criminal procedure 456 jurisdiction 456 Crossings, acquisition of land for 434 -498 The Village Laws of Xew Yoek Page "Crossings, alteration of grade 438 duty of railroad 43L expense of construction 435 petition to alter 4"3 repair of bridges 434 repair of subway 434 right of railroad in 434 Crosswalks 126 D. Damages, measure of 119 when payable 125 Day, calendar 246 computation. 240 Debt limit 152 contracts beyond 1-32 -Decedent estate law 397 Decision of supervisor 8 notice of appeal 9 Dedication of land 134 Dedication of streets 113, 135 De facto officer 52 Defective bond 43 Defective oath 43 Defects in streets 107 proximate cause 108 Department, term defined 306 Deputies 290 appointment of 290 duties of 290 number of 290 Different propositions 41 Diminishing boundaries 208-209 Diminution of rental value r 125 Direct nominations 350 Directors, term defined 403 Discretion of board of trustees 140 Discontinuance of action -, 203 Discontinuance of proceeding before commissioners 119 Disorderly persons 202 Dissolution of villages 209 District superintendent, term defined 366 Diversion of stream 154 Division fences 316 Division fence, barbed wire 317 Dogs 321 actions for destruction of 329 actions for injury to 329- actions for penalties 327 application of tax 323 certificate as evidence 324 Index 499 Page Dogs, certificate of fence viewers 334 chasing animals 324 collector's fees 323 damages for injuries by > . . 323 defined 323 description of. . . . 322 disposition of penalties 32S disposition of registration fees 328 duties of assessors 3:it duties of town board 32,'J- duty of town clerk 327 issuance of tags 326 liability of owner. 323 orders for payment of animals 324 order to kill by justice ■. 32!v owner to kill after notice 324 payment for animals killed 324 penalties for failure to kill 325 penalties for failure to register 327 powers of fence viewers 3 .;:? proceeds of tax 323 proof of payment of tax 323 rate of tax 322 recovery of value 328 refunding damages 321 registration fees 326 registration of 325 tax, how collected 323 tax on 322 seizure of unregistered 328 seizure of untagged 328 when to be killed 324 who owner 325 Domestic corporation, term defined 403 Drainage 395m application of certain provisions of conservation law 39 St bonds for drainage improvement 396s compensation of owners 396r creation of drainage improvement districts 39Gp determination upon petition 396n entry upon lands, etc. 396r operation, maintenance and expenses 396t petition for drainage improvements 396m powers and duties of conservation commissioners , 396m proceediiigs after final order approving petition 395q proceedings upon' approval of petition 396n warrant for payment of owners 396r Drainage law 397 appeal from assessment 399 assessment of benefits 397 borrowing money to pay assessments 400 commissioners 397 filing assessment 398 filing statement 393 jurisdiction 397 levying assessment 400 notice 399 statement of costs. . 397 who may petition 397 Drains 59 y^j Drains and culverts ' 100 Drays 73 Dumping grounds ' 62 500 The Village Laws of New Yoek Page Dwelling houses 340 manufacturers in 340- £. Education, trust for 414 Education law 360 Effect of laws repealed 216 Effect of revision on general villages 215- Election, appeal from 13 certificate of 190 districts 31 Election law 350 adoption of voting machines 359a apportionment of expenses 35& assistance to voters 359 certificates of new nominations 354 certifying registered electors 356- declination of nomination 353 direct nominations 350 distribution of ballots and stationery 358 experimental use of voting machines 359a independent nominations. 351 officers providing ballots and stationery 357 payment for voting machines 359b- places for filing certain certificates of nomination 351 posting town and village nominations 353 primary district, officers and polling places 350- providing voting machines 359a provisions applicable 41 registration in certain villages 354 registration for other than general elections 355 registration for town and village elections 35S times of filing certain certificates of nominations 352- Elections and officers 22" Election of officers 18 Elections, after consolidation 213* annual 35 appeal to appellate division 14 ballot boxes 12 canvass of 12 conduct of 11 for lighting system 162 for reincorporation 190' for water works 152: Index 501 Page ■Elections, hearing of appeal 14 notice of 10, 356 notice of appeal 13 when held 10 Electors, qualifications of 11 Electrical corporations 419 reorganization of : . 427 Electricity, complaints as to price 42S complaints as to quality 42$ excessive charges 430 general powers of commission 420 inspection of meters 425 order fixing price 429 order requiring improvement 429 regulation of price 419 state commission 163 Electric light companies, deposits 305 examination of meters 305 examination of wires, etc 305 failure to pay rent 306 incorporation of 303 no rent for meters 306 powers of 304 Electric light corporations 303 Electric light poles 66 Electric wires, presumptive evidence 440 Eligibility to office 24 Encroachments 65 enjoined C5 Enforcement of possession under tax sale 96 Engineers 147 assistants 148 chief 148 supervising 171 Entry, when tortious 154 Establishment of boundaries 214a Establishment of water works, allegations of petition 154 petition for 154 proceedings for 154 Evidence, assessment-roll as 94 presumption of grant 410 presumptions 95 return of taxes as 94. right to take 201 Excavations in street 112; Exemption from taxation 103 who exempt 373 Exemptions, from jury duty 406 from taxation 373 military law 413 of firemen 149 "Exempt property, report of 379 502 The Village Laws of New Yoek Page Expenditures, limitation of amount .- 383 Expenses, how assessed 20(5 how collected 200 of incorporation 17 Expiration of terms of officers 210 Extension of boundaries '. 207, 208 Extra compensation 51 F. Failure to file bond 42 Farm produce, hawking and peddling: 265 Fee damages 125 Fees for services not rendered 390 Fees, unlawful 390 Fence viewers 59 certificate 324 dogs 323 duties of 319 fees of 318 notice of meeting 319 powers 316 Fences 314 apportionment of division fence 314 barbed wire 66, 317 damages 316 damages for failure to build 316 destruction of 316 division fence on change of title 315 insufficiency of 316 neglect to make 316 neglect to repair 316 power of viewers 316 settlement of disputes 315 viewers of 59 when land may lie open 315 Filing certificates of nominations 351, 352 Finances 79 management of 55 Financial statement 81 Fire alarm system 100 Fire arms 68 Fire commissioners 14* duties of 144 establishment of board 44 numoer of 44 ordinances of 145 powers of 101, 144 report of 150 Fire companies 145 election of officer 146 exempt from taxation '. 103 Index 503 Page Fire companies, organization .of 145 vacancies in 145 Fire corporations, bequests to 397 certificate of 412 powers of 412, 413 Fire department 144 assistant engineers 147 chief engineer 147, 148 convention of 146 council of 147 incorporation of 146 meetings of 148 vacancies in 146 Fire districts 321 Fire engines 100 Fire escapes 72 duty to provide 400 Fire house 100. Fire insurance companies, agents 404- Fire limits 57, 69' establishment of 57 Firemen 149' certificate to exempt 281 certificate of qualification 282: exemption of 103, 149, 280> free transportation 282 list of exempt volunteers 281 payment to representatives 2S2 penalty for improper use of certificate 283 privileges of exempt 280 qualifications for exemption 282 rights of exempt 280 service in more than one company 280 use of telephone and telegraph 282 volunteer 280 Fire places, construction of 68 Fire protection 63, 157 assessment for 15g Fireworks 55, 68 Fires, conduct at 72 false alarm 71 First election 213 First election of officers ig First meeting of trustees 20 Fiscal officer 49 Fiscal year 79 Flags, display of 419 Following, meaning of term 241 Folio, how counted 240 Forest lands, acquisition and development of 263 Forfeiture!, action to recover 44^ 50i The Village Laws of New York Page Form of oath 43 Forms 461 affidavit of posting notice 486 affidavit on application to correct assessment 476 affidavit that notice of sale has been given 479 application for commissioners 482 appointment of officers 465 appointment to fill vacancies 472 assessment-roll 474 award of commissioners 485 certificate of canvass 464 certificate of canvass of annual election 468 certificate of change of name 486 -collector's return 479 collector's warrant 477 decision of court 463 decision of supervisors 461 form of account 473 form of coupon 480 form of coupon bond 480 justification of sureties 470 license 474 notice of agreement 484 notice of annual election 407 notice of appeal 485 notice of appeal from election 465 notice of appeal from favorable decision 402 notice of application 483 notice of argument 462 notice of clerk to person chosen to fill office 471 notice of collector 478 notice of completion of assessment-roll 477 notice of election of officers 465 notice of election for incorporation 463 notice of hearing on proposition for incorporation 461 notice of meeting of board 472 notice of meeting of board to consider petition 481 notice of meeting of commissioners : 484 notice of meeting to hear complaints 475 notice of sale by collector 479 notice of special election of officers 469 notice to bring on appeal for hearing 486 oath of office 471 oath to roll, where copied from town roll 477 oath to roll, where originally prepared by assessors 476 offer to dedicate street, or land for a street 481 official undertaking 470 order appointing commissioners 483 order of board granting petition 4S2 petition for laying out street 481 proposition for determining future number of trustees 468 Index 505 Page Forms, proposition to change number of trustees 466 proposition to elect trustees by wards 463 request for submission of proposition by separate board : 469 request for submission of proposition by twenty-five electors 469 resignation of village officer 472 resolution designating place and time of annual election 467 resolution dividing village into election districts 467 resolution dividing villages into wards 466 resolution fixing time for special election 470 resolution for arrest of member 473 resolution proposing to submit propositions 469 Franchises, acquiescence in 67 approval of 426 approval of transfer 427 exclusiveness of 153-154 filing of 51 granting of 66 power to grant 60, 162 right to impeach 162 special 373 transfer of 427 Front foot rule 172 l r unj for cemetery 80 Fund for light 80 Fund for sewers 80 Fund for streets 80 Fund for water 80 Fund, general 81 sinking 80 special 81 Funds of village 80 G. Garbage 63 destruction of 20<» disposition of 63 Gas, complaints as to price 428 complaints as to quality 42S excessive charges 430 general powers of commission 420 inspection of meters 425 order fixing price 429 order requiring improvement 429 regulation of price 419 state commission 163 •, 363 use of 363 Library corporations, visitation of 276 Xiquor tax law 411 512 The Village Laws of New Yobk Page- liquor tax law, interest of officials 41L sale of liquor 411 Local assessments 131, 172: apportionment of 172. Local boards of public health 330' Local improvement 90, 132, Local officer, meaning of term 289/ Lock up, maintenance of 56 Lunacy, meaning of term 241 Lunatic, meaning of term 241 M. Magistrates, preserval of peace 459 Mains 15ft connections ' with 15fr outside extension 158 Majority, meaning of term 242" Malicious mischief 71' Mandamus, collection of assessment 175 public health 341 to audit claim 62 to compel street lights 60 to remove incumbrances 65 Manufacturers, in tenements, etc 340 Maps 58 filing of 156 Maps and plans 167, 287b Marines, preferences 3'93 Market 57 Measure of damages 119 for defective sewers 16S Meetings, of board of trustees 54 of commissioners 119- of trustees 20 Membership corporation law 411 acquisition of property 411 certificate of incorporation 412 fire corporations 412 Member of corporation, term defined 403 Memorial day, leave of absence 300 Men, meaning of term 241 Mercantile establishments, employment of women and children 410" Military law 413 exemptions 413 who subject to duty 413 Misdemeanors 139, 206 Miscellaneous provisions 198- Mobs, liability for damage by 263- Money, borrowing 198- Moneyed corporation, term defined 40ft; Index 513 Page Month, computation 241 in private instruments 241 in public instruments 241 Monument, erection of 65 acquisition of land for 263 Mosquitoes, cost of abating 337 division of expense of removal 337 removal of nuisance 33$ Motor vehicle 369 fines and penalties 371 local ordinances 369 speed permitted 369 Municipal agents 200 Municipal boards 45 abolition of 47 number of members 45 officers of 45 powers of officers 45 proposition for establishment 46 terms of officers 45 action on 261. consolidation of 45- continuance of 4;> Municipal bonds, conversion into registered 253" defects in 25 J issuance of 252' payment of 255 registry of 252 reissue of lost or destroyed bonds 250 Municipalities, contracts with 159, 175 Municipal corporations, actions by 261 condemnation 204 contracts of 267 insurance of property 264 judgment against 265 lease of buildings 264- liability for damage 263 limitation of right to condemn 264- payment of judgments 263 power to borrow money 438 right to convey lands 56 support of institutions 267 term defined 3, 249, 402 trust property 263b. Municipal officers, meaning of term 241 Municipal regulations 400» Municipal taxes 253: to whom payable 253 Museums, admission fee 362; closing of 362; 51-i The Village Laws gj? 2sew Yoke Page .Museums, free 361 injury to property *. : 388 public 361 N. Name, change of 203 New election 15 New village 214 Next, meaning of term 241 Noises, improper 70 Nominations, posting of 353 declination of 353 direct nominations 350 independent nominations 351 Non-residents, property of 377 Non-stock corporation, term defined 402 Non-suit 204 Notice 109 assessment for drainage 399 express 110 failure to serve 113 how served 198 implied 110 joint tenants 199 of appeal -. 13 of application for commissioners 118 of completion of assessment-roll 87 of defect in sewers 168 of election for incorporation. 10 of election of officers 19 of hearing of assessments 132 of meeting of commissioners 118 of sale for taxes 95 of street improvements 115 personal service 19S proof of posting 199 substituted service 198 sufficiency of service 241 tenants in common 199 to elected officer 42 to taxpayer 85 Notice of claim 50 authority to present 204 degree of certainty 204 definiteness 205 failure to file 205 locus of accident 205 objections 205 place of injury 204 Tecovery of costs 20 1 service of 204 sufficiency of presentation 204 * time of accident 204 Index 515 Page Notice of claim, unnecessary . 205 Now, meaning of term 242 Nuisancces 336 assessment of property benefited 337, 338 defined 338 expense of abatement 339 expense of abatement lien 339 expense of removal 336 removal of 338 Number of trustees 28 Number, plural 242 singular 242 O. Oath, what term includes 242 Oaths 445 acts before filing 293 examinations of witnesses 446 form of 43 mode of taking 445 necessary where required 116 notice of neglect to file 293 official 292 of officers 43 of persons not christians 445 without the state 445 Obligations 101 Obstruction of light and air 117 instances of 66 in streets 65 ■ Occupations, licensing of 73 ■ Office of police justice 20 removal from 297 right to hold 25a Officers and elections 22 Officer of corporation, term defined 403 Officers, acting without qualifying 389- actions against 261 acts of de facto officers 389 as agents 54 commission of 291 compensation 48, 53 duties 48, 53 evidence in proceedings for removal 296 expiration to terms 210 filling vacancies of appointee of governor 298 filling vacancies of appointee of senate 298 illegal acts 259 interest in contracts 199 liability of 77 £16 The Village Laws of New York Page' Officers, mode of choosing 290- 1 municipal 241 neglect to act 459' notice of election 42' notice of vacancies ' 29T oaths of 43, 292- official undertakings 292 of fire companies 146- of planning commissions 287a powers 48 prosecution of 259' qualifications of 290 ■ refusal to act 459 ref usal to surrender office 391 removal 43- removal by court 297 removal by governor 296 removal by senate 295 resignation of 43, 295 special election of 38 subordinate 290* term for appointee of vacancy 298 to be elected 19» to be elected annually '. 32- vacancies 294 Official acts, validation of 293. Official bonds, premiums on 55 Official oaths, fees for 301 Official paper 57 Official undertakings 41 Official year 25 Opera house 75^ Ordinances 63, 447 approval of 77 aTrest for violation 202- authority to pass 64 burial of dead 186" construction of 68, 74 definition of 76* effect of repeal 76 enforcement 77 fire limits 70 ' for repair of sidewalk 127 have effect of statute 76 improper noises 70" in general 63 must conform to charter 76" not open to collateral attack 67 not rules 7S-. of cemetery commissioners 185- of fire commissioners 145- Index 517 Page Ordinances, of light commissioners 164 of park commissioners 185 of separate board 77 of water commissioners 156 penalties for violation 137 presumptions 7S I providing penalty 64 publication of 73 ; reasonableness 68, 76 regulating business 74 : requiring license 74 time of publication 76, 78 validity of 76 violation of 76, 137, 206 when to take effect 78 Owner, meaning of term 448 Ownership of streets 106 P. Papers, custody of 30O transcripts of 300 Parades 66 appropriation for 62 of fire department 62 right to arrest 66 Park commissioners 185 establishment of board ." 44 number of 44 ordinances 185 power of 188 report 187 Park corporations, visitation of 276 Parks 100, 133, 184 acquisition of lands 184 duty to provide 133 land acquired for 133 management of property 275 to be free 275 trustees for 275 trusts for 275 Parkway 134 acquisition of 135 dedication of land for 134 Passengers, landing of 70 Pavements. . . 129 1 Payment of taxes to treasurer 93" Peddler denned 7% Peddlers, unlicensed 389 Peddling farm produce 265 Penal law 383 518 The Village Laws of New Yoek Page Penal law, acts of de facto officers 389 appointment to office avoided 391 asking bribes 39* auditing fraudulent claims 391 bribery 389 candidate's statement of expenses 383 corrupt bargains for office 390 failure to file statement of expenses 383 false swearing 389 falsification of accounts 391 forfeiture of office 383 fraudulent claims 392 hours of labor 384 imprisonment for life 383 injury to works of art 388 intrusion into office 391 limitation of amount of expenditure by candidates ; . 383 malicious injury to property 385, 388 misappropriation of accounts 391 obstructing health officer 389 officer acting without qualifying. . . : 389 officer refusing to surrender to successor 391 paying fraudulent claims : ... 391 perjury 389 receiving bribes 390 selling official powers ; 391 suspension of civil rights _ 383 taking fees for services not rendered 390 unlawful fees 390 unlicensed peddlers 389 violations of health law 389 violation of labor law 385 violation of law by public officers 392 Penalties 77, 137 action to recover 203, 447 application of 325 collection of 325 disposition of 137, 371 Pendency of action, notice of 455 Perjury 389 Person, meaning of term 448 what term includes 242 Personal debt cannot be deducted from claim 50 Personal property law, accumulation of income 417 Personal property, assessment of 158, 377 bequests of 414 income of 413 strays 320 term defined 373 what term includes 242 Index 519 Page Personal property law 413 charitable uses 415 educational uses 415 gifts 414 suspension of ownership 414 trust property 414 Pest houses, location 205 Petition for incorporation, how served 7 Petition for drainage improvement 396m for river improvement 396b for street improvement 114 sufficiency of 115 Piers in street • 6S. Pipe lines, construction of 305 Planning commissions * 287 Plans for sewer 169 alteration 109 Pleading, admission in 16 Poles, authority to erect 67 marking of ' 63 Poles and wires 66 Poles in street 66 Police, sufficiency of force 459 Police commissioners, board of 193 Police department 137 special policemen 311 Policemen 141 certificate of qualification 282; claims of 142; duties 142; expenses of 142 fees 142 free transportation 282 penalty for improper use of certificate 283 powers 142 rejection of claims 143 right to arrest 202 salary of 142 special 311 use of telephone and telegraph 282 Police justice 137 accounts of 140 appointment of '. 141 civil jurisdiction 141 compensation 139, 459 criminal jurisdiction ■ 138 election of 29 fees of 140, 141 jurisdiction of 137, 459 payment of fees 140 payment of fines 140 records of 139 reports of I40> 520 The Village Laws of New Yoek Page Police justice, salary of 140 Political assessments 395 Polls, opening and closing 36 Poll tax 82 Population, minimum of 5 necessary for incorporation 21 requisite 4 statement of 16 Possession under tax sale 96 Posting bills 72 Potable waters 341 contamination of ' 342 discharge of sewerage 344 inspection of 342 protection of 342 1 regulation of 3'42 rules and regulation of 343 sewerage . . 343 Pound 59 Pound keeper, employment of assistants 64 Power to audit claims 62 Preceding, meaning of term 241 Preferences, in employment of labor 400 Presiding officer 54 President 48 power to contract 200 power to employ attorney 53 removal of 49 salary of 195 term of office , 193 Presumptions 200 Primary elections, candidates 350 districts 350 Private streets 287c Property, acquisition of by cemetery corporation 411 malicious injury of 385-388 of non-residents 377 personal 242 place of taxation 378 real 242 what term includes 242 benefited 170 condemnation of 171 how assessed 24 in trust 186 of existing plant 153 partly within village 84 payment for 122 sale for taxes i 95 transfer to new village 214 when benefited 124 , "when taxable 84= Index 521 Page Property, value of 173 Property of corporations, taxation of 379 Property of village, management 55 Property qualification 24 Proposition for incorporation 5 Proposition for reincorporation 190 Proposition for sewer • 169 Proposition, manner of submission 41 submission of 39 Proposition stating move than one question 41 Proposition to raise money, second election 103 Propositions, submission in alternative 152 submission of 197 votes upon 41 Proposition to raise money — how submitted 101 Proximate cause 10S Public baths, establishment 268 maintenance of 268 Public buildings, lease of 264 Public buildings law 418 display of flags 419 fire protection 418 Public docks 100 Public grounds 105 Public hall 75 Public employee, term defined 396 Public health . . . 268 actions by local board 3'47 burials 334 contagious disease 335 expense of removing nuisances 336 infectious disease 335 interments 335 local boards 330 mandamus 341 nuisances 336 penalties 348 permits for burial 334 record of permits 347 removal of nuisances 336, 338 report of proprietors of industrial establishments 347 service of notice 347 violation of provisions 347 vital statistics 333 Public health law 330 Public libraries 100 Public meetings, preserving peace 459 Public nuisances, defined ■ 388 Public offices, additional fees 301 corrupt bargains for 390 522 The Village Laws oi? New Yobk Page- Public offices, custody of papers 300- intrusion into 391 open for business 299= violation of law 392 Public officers, accounting for fees 301 appointment 28& appointment by governor 290- appointment by senate 290 commission of 290" compensation 300- delivery of books and papers 301 deputies 290* duties of 298. fees of 300 filling vacancies 294 holding over 290- oaths of 292- official oath 301 official undertakings 292: powers and duties 299 > powers of 298; presentation of claims to 392; qualifications 289 1 removal by governor 296 removal by senate 295 resignation of 295 term defined 396- terms of office 290 vacation of 301 Public officers law 289' creation of vacancies 294 filling vacancies 294 Public records, how recorded 300 Public safety 268 Public service commissions law 419^ application of article 420 approval of bond issue 426 approval of franchises 426 approval of incorporation 426 approval of indebtedness 426 approval of stock issue 426 approval of transfer of franchise 427 complaints to 423 enforcement of orders 438' examination, employees 422 form of complaint 428 general powers 428 investigation of complaints 428 issuance of certificate 426- inspection of meters 425- Index 523 Pago Public service commissions law, just and reasonable charges 420 jurisdiction 430- notice and hearing of complaints 429' orders fixing price 429- orders of 438 orders requiring imprbvement 42i> powers of 441 power of local officers 430' power to take testimony 423 proceedings to alter grade of crossings 43ff requiring accounts 421 requiring schedules of rates 424 safe and adequate service 420 summary proceedings 429 unjust discriminations 420' unreasonable preferences 420' violation of orders 429 Public works, organization of board 179 preference of laborers 40s> Public works, board of 178 Public works, funds, how raised 182 provisions applicable 183 Publication of ordinances 78 Q- Qualification of electors 11 Qualification of voters 23, 152 Qualifications of certain judicial officers 294 Qualifications of officers of planning commissions 287 Quantum meruit, recovery on 200' Quarantine 335 Question for jury 109 Quo warranto to test office 44 Quorum • 145, 148 meaning of term 242 E. Railroad bonds, application of statute 285 apportionment of 284 duty of assessors 284 duty of railroad commissioners 284 duty of supervisors. 28 1 exchange of 255 presentation of claims 285 supervisor to give security 283 supervisor to execute bond 285 Railroad commissioners 125 abolition of office 254 > accounts 256 appointment of 254 delivery of property 285 duty of 284 S24 The Village Laws of New Yoek Page- -Railroad commissioners, loans by 256 oath of 254 report of 255 transfer of duties 285 undertaking of 254 Railroad crossings 67 speed at 67 .-fiailroad law 125, 431 acquisition of land for crossings 434 application of sections' 439 duty at crossings 431 expense of constructing crossings 435 flagmen 431 intersection of railroads 439 new streets 431 petition to alter crossings 433 repair at crossings signboards 431 Heal estate, term defined 372 Real property, division by line of tax district 378 meaning of term 372, 448 place of taxation .' 378 sale for taxes 95 what term includes 243 who may take by devise 397 Heal property law 440 suspension of power of alienation 440 Railroad stock, exchange of 255 Reapportionment of assessments 173 Records, of police justice 139 Refusal to surrender office 44 Register of county 243 Registration, in certain villages 354 certificate of register 356 for other than general election 355 for town or village elections 356 Registration of voters 34 Registrar of vital statistics 51 Reincorporation 1S9 certificate of election 190 conduct of election , 190 confirmation of 191 effect of 190 election for 190 notice 190 voters 190 Removal of officers 43 Rental damages 125 Rental value 125 Rental value, diminution of 125 Reorganization of gas and electrical companies 427 Repair of buildings 55 Report of board of public works 181 Report of cemetery commissioners 187 Report of commissioners 225 Report of light commissioners 164a Tteport of park commissioners 1S7 Report of sewer commissioners 176 Report of treasurers 214 Report of water commissioners 150 Reservoirs 158 Resignation of officers 43 Index y-«> Page Resolutions 43, 345 Heturn of tax collector 93 Heturn of taxes as evidence 9* Hioters, arrest of 459 dispersal of 459 proceedings for dispersal 460 refusal of officer to act 45'j refusal to aid officer 459 Eiots, liability for damage by 263 Hiparian owners 154 itiver improvement 396a bonds for 396g compensation of owners 396t" creation of improvement districts 396d determination upon petition 396b dutiea and qualification of collectors, etc 396j entry upon lands, etc 396f general powers of conservation commission 3»6a > limitations of improvements 3a6i operation, maintenance and expenses 396j i: opening gates of dam unlawfully 3J6j petition for river improvement 396b proceeding for apportionment of costs 396h proceedings for assessment and collection of cost 396i proceedings upon approval of petition 396b ratification of proceedings 396k refund of expenses in certain cases 3061 state jurisdiction of improvement at private expense 396k warrant for payment of owners 396f Ttoads 133 Kules, of planning commissions 287d S. "Sailors, preferences 393 Sale for nonpayment of taxes in villages of first class , 103 -Sale for taxes 95 certificate 96 notice of 95 Sale, in action to recover on tax certificate.. 104 disposition of proceeds 104 Salvation army, arrest of 70 Sanitary codes 73 Scales and clock 59 Schools, denominational 442 training for nurses 273 Seal, failure to affix , 52 of corporation 243 of court 243 of public officer ' 243 official 299 private 243 private as corporate seal 243 state officers' 299 Second election 15, 103 Security, approval of: •■ 201 by contractors 201 Separate boards, abolition of 47 continuation of 45 Separate highway district 112 Service of summons 444 £20 The Village Laws of New York Paget Sewage disposal as affecting potable waters 396x Sewerage 10(> actions by municipalities 34S actions to prevent discharge 343 discharge of 344- penalties 348 permission to discharge 345- plans for discharge 346- refuse matter from industrial establishments 345- report of municipality 346 revocation of permit to discharge 346 Sewer commissioners, appointment 4» contracts of 175 establishment of board 44- nature of office 176 number of 44. report of 176- Sewer connections 176 Sewer construction, proposition for 4L Sewer system 71, 165, 171 change of 343- condemnation for 314 construction of 171 construction by college 360> contracts for 171 establishment 165- Sewers 165, 167 alteration of . . . , 169 authority to construct 167 compensation for 171 construction of 169 duty to construct 167 duty to repair 168 expense of -. 169 expenses of construction 174 expenses, how raised 174 expense of property benefited 17* injunction 167 inspectors 171 joint expense 17ft 1 liability for nuisance 168 liability for trespass 168 measure of damages 168 negligence 168 notice of defect 203 plan adopted 167" private expense 167" property acquired 171 proposition for 169' repair of 168 substitution of 170- Shade trees 66. Index 527 Page ►Shooting galleries 74 ■Sidewalks 68, 100, 105, 126, 129 cement 131 construction of 126, 127 credit for flagging 127 duty to repair 127 flagging of 127 ice on 128 repair of 120 snow on 128 Signature, what term includes 243 Similar accidents 109 Single trustee, power of 55 Sinking funds 99 investment of 99 Slaughter houses 57 Soldiers, preferences , 393 ©now 128 accumulation of 72 and ice 110 falling of 72 Special acts 215 confirmation by 192 "Special assessment 90 Special counsel 58 •Special election 39 confirmation of 191 of officers 38 of trustees 39 ■Special franchise, term defined 373 Special fund 81 Special laws 37 Special levy 90 Special villages 189, 215 Specifications of certain contract work 268 Speed at railroad crossings 67 Squares 133 Stands for vehicles 60 designation 61 State, what term includes 243 State commission of electricity 163 State commission of gas 163 State officers, investigation by 299 meaning of term 289 mode of choosing •. 290 seals of 299 Statement of expenses, failure to file 383 Statistics, comparison of. . < 258 Statutes, ancient 245 constitutionality of f 134, 139, 152, 167 528 The Village Laws of New Yobk Page? Statutes, construction of 125, 128, 132, 134, 147, 153, 155, 158, 167, 199, 215 effect of repeal 245 effect of repeal of amending statute 246 effect of repeal by statute reinacting 24ft effect of repeal of repealing statute 246 effect of appeal as amendments 246 effect of repeal on pending actions 246 effect of repealing statute on existing rights 246 of England 245 strict compliance 116- Statutory method exclusive 13 Steam, blowing off 66- Stock corporation, term defined 402 Stock issue, approval of 426* Stoves and heating apparatus 68 Strays 317" charge for notice 318- damages from personal property 320> duties of fence viewers 319 duty of pound master 320 fees of fence viewers 318 fees of pound master 320-' foreclosure of lien 319" impounding 318 inanimate property 320 ■ lien upon 317" notice of fence viewer's meeting 319 notice of lien 318 notice of sale -. 319 ■ notice to owner 318 proceeds of sale 319^ sale of 320*- surplus money upon sale 320 ft Stream, diversion of 154 Street, definition 106 private 287c Street cleaning department 63 liability for injuries 63 Street commissioners 52, 121 allegations of duty 52* appointment 42, 49 liability of 52' Street improvements, application for commissioners 118 decision 117 determination of board US- discontinuance of proceedings 117 effect of decision 117 how considered 116 in certain villages 115 meeting of board 116' ' nature of decision 117' 1 notice 116. Index 520 Page- Street improvements, notice of meeting 115 objections 116- payment 122. survey and description 117 Streets 105 care of 106, 13a change of grade '. 122 cleaning of 12* control of 106. crossing railroad 431 dedication of 113- degree of care 107 designation of 67" encroachments 65- , improvement of 135- incumbering , 65 liability dependent upon locality 109' i liability for injuries 10S | lighting of 60, 133 ; municipality not insurer 107 names of 58 obstructions in 65- on boundary lines 125 1 petition for improvement 114 proceedings to discontinue 115 rights in 13fr similar accidents 100- slight defects 107 sprinkling of 129 s title and ownership 105 Submission of propositions 39, 197" Subpoena, by whom issued 446 mode of serving 446" object of 446 penalty for disobedience 44fr Summary proceedings 430 Summons, indorsement upon 447 service of 444 Supervisors, compensation of 286" bonds of 285 delivery of property to 285 duty to give security 285 legalization of informal acts 321 penalty of bond 2Sff Supreme court, visitation by 276: Surface water 169" Surrender of office 44 Surveyor, power to employ 49- Swear, what term includes 242 Swimming and bathing 7Q> 530 The Village Laws of Xew Yoke T. Page Tax, correction of 157 erroneous 157 how imposed 90 levy of : 195 lien of 90 poll 82 uncollected 90 Taxation, exemption from 103 Tax certificate, action to recover on 104 as evidence 104b Tax collector, powers of 93 protection of 92 return of 93 rights and duties 93 warrant of ." 88 Tax districts 84, 378 term defined 372 Tax law 372 appeals 382 bank shares 379 corporate stock 379 division of tax district 378 exemptions 373. hearing of complaints 381 lands sold or leased by state 377 no deduction 377 place of taxation 378 place of taxation of bank capital .• 379 place of taxation of real property 378 preparation of assessment-roll 380 property of corporations 379 property of non-residents 377 property taxable 373 report of exempt property 379 stockholders of bank 379 Taxpayer's actions 396 appeals 261 bond holder , 261 order of arrest 261 statute of limitations 261 when barred 259 as elector 12 remedy of 259 Tax sale, redemption from 98 rights of village 97 who may purchase 97 Tax warrant, defective 92 renewal of ". 92 Taxes, action to restrain collection 93 collection by treasurer 94 collection of 92, 196 from whom collected 8S IlvDEX 531 Page Taxes, municipal 253 municipal, how payable 253 of railroads 253 unpaid 95 Telegraph companies 309 application of article 312 construction of lines 310 consolidation 311 extension of lines 310 incorporation 309 special policemen 311 transmission of dispatches 311 Telegraph wires, presumptive evidence 440 Telephone companies 309 application of article 312 consolidation 311 construction of lines 310 extension of lines 310 incorporation 309 transmission of dispatches 311 Temporary loan for expenses 20 Tenement houses 340 manufacturers in : 340 Tense, present 243 Terms of office 19-25 effect of consolidation 293 Territory, what term includes 244 Testimony, power to take 201 Theatres 74 Time, calculation of 117 computation of 244 night 244 standard 244 use of standard 244 Title in streets 106 Title to office 27 Town assessors 84 Town clerks, compensation 314 Town hall : 100 Town house, erection and control 314 Town law 313 Town officers, compensation 313 per diem allowance 314 Training school, for nurses 273 Transient business, license for 266 Transportation corporation law 303 Treasurer 49 additional duties 104c, 194 collection of taxes 94, 196 not a trustee 199 532 The Village Laws of ISTew Yoek Page Treasurer, of board of water commissioners 50 power to contract 50 report of 214 reports after consolidation 214 right to contract 199 Trees, action for cutting 447 injury to 385— 38S shade 60 treble damages '. 447 trimming of 131 Trustees, election of 28 number of 27, 191 power to contract 152 salary of 195 special election of : 39 Trusts, accumulation of income 417 " appropriation of property 275 eligibility of trustees 275 for cemetery lots '. 415 for charitable purposes -. ■ • . 414 for educational purposes 414 for libraries 275 for parks 275 management of property. . . 275 right of municipalities 263b when income not alienable 417 Tuberculosis hospitals, workshops. 274 Turnpike companies 125 Typewriters, use for records 300 U. Undergrade crossings 125 Undertakings 41, 230 acts before taking 293 filing of 293 force and effect of 293 of officers 292 necessity of 201 notice of failure to file 293 Union water districts 396y acquiring lands for 396bb costs and expenses 396gg definitions 398hh formation of 396y letting of contracts; construction work 396ee maintenance and operation of works 396ff petition to conservation commission 396z sale of water by commission 396hh submission of proposition 396aa when other municipalities may participate 396gg United States, acquisition of land 283 Unpaid taxes, action to recover 98 V. Vacancies, creation of 394 how filled 27, 298 filling of 43, 294 filled by legislature 298 occurring during legislative recess 298 terms of officers chosen 298 Vacations of officers 301 Index 533 Page Variance, amendment 205 Veterinary associations, bequests to 397 Vehicles, for hire 73 regulation of tires , 72 stands for 60 Veterans, leave of absence 300 preferences 27 reinstatement of 39t Village, meaning of term 244 when incorporated 15 Village clerk, appointment of 19 Village law, history and effect 2 scheme of 2 Village officers 25a mode of choosing 25a Villages, application of provisions 193 Violation of ordinance 76 information 77 Voters, persons entitled 190 qualifications of 152 registration of 34 Votes to be by ballot 41 Voting machines 359a adoption of 359a experimental use of 359a providing for, 359a Vulgar conduct 71 Vulgar language » 71 W. Wages, cash payment of 409 when payable w .>: 409 Wards, election by 28 Warrant for arrest 202 to collector 91 Water 151 duty to supply 151 inspection of 342 protection of 342 supply of 60, 151, 158 Water commissioners, appointment 49 establishment of board 44 nature of office 152, 160 number of 44 ordinances of 156 powers 157, 160 report of 159 sole arbitrators 154 Water pipes 156 Water rents 157 collector of . 157 establishment of 157 how levied 157 Water rights, acquisition 155 534 The Village Laws of New York Page Water rights, additional rights 155 limitation • 264 Water sinking fund ; SO Water supply 396u approval of work 396w contracts for 151 general powers of conservation commission 396U maps and profiles to be submitted 396U petition for approval of plans : 396U powers of commission 441 proceedings upon petition S96U purification of 268 sewage disposal as affecting potable waters 396x sufficiency of 153 water supply to be used in other states 396w See Union Water Districts. Water system, existing plans , 153 nature of operation. 155 right to tax 4 . . . . 90 supervision of 155 Water works , 71, 100 acquisition of existing system. . 153 board of 152 construction by college . . . 360 election for 152 establishment of 153 extension of system 155 right to construct 154 Water works corporations 308 amended certificate 309 condemnation of land '. -. 309 contracts with municipalities : 307 contracts with other municipalities 309 incorporation 307 must supply water -. - 307 powers of 308 survey and map .:........;:::;.. 308 Wires and poles, ........-.•.-..■ 66 Witnesses, examination of . ................................. 445 Women as electors 12 may vote. 25 right to institute proceedings .' '.'.'.' .'. .7. .'. . . . 201 what term includes 244 Workshops, tuberculosis hospitals .. 274 Writ of assistance 453 Writing, what term includes 244 Written, what term includes 244 Y. Year, common 244 leap 244 in private instruments . . 244 in public instruments 244 [Whole number of page^ 564.]