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tendent o water works.

term, etc.

Water rates.

Superin- , nate for that purpose. Said water board shall have the power to apt of point, by an instrument in writing, to be subscribed by said commis

sioners or any two of them, and which shall be filed in the office of the city clerk, a competent person, being a resident of said city, as

superintendent of said water works, and also such other assistants as Official shall be authorized to be appointed by the common council. Said su

perintendent and assistants shall severally hold their offices during the pleasure of said water board, and shall receive such compensation for

their services as such from the city, as shall be fixed and prescribed by Rules. the common council. Said water board shall have the power to fix,

adopt and prescribe such rules and regulations for the government of

said superintendent and assistants as said board may deem proper, Reports. subject to the approval of the common council. The said water board

shall at the first regular meeting of the common council following the annual charter election held in each year, in said city, or as soon thereafter as may be, and at such other times as the common council may require, report to the common council the condition of said water works, the expenditures thereon in detail, the amount of water used, and all other information necessary to an understanding of the condition and working of such water works. The said water board shall fix, prescribe and regulate, subject to the approval of the common council, the rates and charges for the use of water, and the common council shall provide for the assessment, levy and collection of the same in such manner as they shall deem expedient; and said common council may adopt and put in force such ordinances as may be deemed necessary by the common council for the purpose of carrying the same into effect. All claims against the said city growing ont of the water department shall be presented to the said water board for examination before the same shall be presented to the said common council for

audit. Purchase $ 7. In case the said common council shall at any time deem it of engine, expedient and for the best interests of the city to purchase the engines, ery, etc. machinery and apparatus, or any part thereof necessary for the opera

tion of said water works, and their appurtenances, the common council shall have power to make such purchase, on the following terms and conditions: Said common council shall for at least three weeks before the next annual charter election, to be held in said city uuder said charter, after the common council shall have determined to make such purchase, cause to be published, at least twice in each week in two daily newspapers published in said city, a notice to be subscribed by the city clerk of said city, in which shall be stated the terms and conditions of such proposed purchase, a description of the property so proposed to be purchased, the purchase price thereof, and the time

when payable, and the number and respective amounts of the bonds Question proposed to be issued and the rate of interest; and that the question

as to whether or not such bonds shall be so issued will be submitted mitted to

to the electors of said city, at the said next following charter election. Every person entitled to vote at any charter election in said city

shall be entitled to cast a vote upon such question as to whether or Duty of

not said bonds shall be so issued by the said city. The inspectors of inspectors. election at each polling place in said city, at such charter election,

shall provide a box to receive the ballots of said electors in relation to the question so to be submitted to them, and each elector of said city

may present a ballot on which shall be written or printed, or partly of printed and partly written, in the following form, viz. : “For the issuballots. ing of bonds,” or a ballot on which shall be written or printed, or

machin

to be sub

a vote,

Form of

vote pur

to be made but

partly written and partly printed, in the following form, viz.: “Against the issuing of bonds," said ballots shall be indorsed“ water works." The inspectors of election shall count and canvass the ballots given Canyags. relative to said question in the same manner as they are required by law to canvass the ballots given for city officers, and thereupon shall set down in writing the whole number of votes given for the issuing of said bonds, and against the issuing of said bonds, and shall certify and subscribe the same and cause copies thereof to be made, certified and delivered as prescribed by law in respect to the canvass of votes given at any charter election, and in case the said common council shall at any time deem that the public interests and necessities require the same, they may appoint a special charter election for the purpose of submitting to the electors of said city tho question as to whether or not such bonds shall be so issued. The same notice shall be given, in Notice. like manner, and for the same time preceding such special charter election, and such question shall be submitted to said electors in the same manner, in all respects, as herein before, in this section, provided. If a majority of the said electors voting upon such question, at any In case of such charter elction, shall vote against the issuing of such bonds, the negative said common council shall not make the proposed purchase ; but if a chase not majority of the electors voting on such question at such election shall to Fote in favor of the issuing of said bonds, the said common council same to be shall have power to enter into contract for and to make such proposed vote is purchase at a cost and a price not to exceed the sun of thirty thou- in the sand dollars in the aggregate, and in payment of the purchase price tive. thereof, the common council may issue and deliver to the persons or Issuo of corporations from whom such purchase shall be made, bonds bearing bonds, etc. interest at a rate not to exceed six per centum per annum, payable annually, and the principal and interest shall be payable at the offico of the treasurer and tax receiver of said city ; said bonds shall be in such amounts respectively that the principal thereof shall be due and payable at such times respectively as the common council may direct, not less, however, than ten, and not more than twenty years after the time of issuing the same. The said bonds shall be subscribed by the mayor and the treasurer and tax receiver of said city, and countersigned by the city clerk of said city, under the seal of said city. The common conncil shall include in the annual tax levy of said city, in Tax levy. addition to any other sums now authorized and required to be raised therein, the amount necessary to pay said bonds at the maturity thereof, and the interest thereon, as above provided. The amount annually levied for the purpose last aforesaid shall be applied to the payment of said bonds and the interest thereon, and to no other purpose.

$ 5. This act shall take effect immediately.

made if

21

CHAP 124.

AN ACT to amend chapter one hundred and fifty-foor of the

laws of eighteen hundred and seventy-seven, entitled “ An act to amend chapter three hundred and thirty-five of the laws of eighteen hundred aud seventy-one, entitled 'An act to authorize the appointment of a person to be public administrator in the county of Kings, and to determine the powers and duties of such officer."

PASSED May 4, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter one hundred and fifty-four of the laws of eighteen hundred and seventy-seven, entitled “An act to amend chapter three hundred and thirty-five of the laws of eighteen hundred and seventy-one, ep titled 'An act to authorize the appointment of a person to be public administrator in the county of Kings, and to determine the powers and duties of such officer,'is hereby

amended so as to read as follows: In what. § 4. Such public administrator shall have the prior right and authorHasta mun: ity to collect, take charge of and administer upon the goods, chattels, strator to personal estate and debts of persons dying intestate, and for that purprior right pose to maintain suits as such public administrator, as any executor to admin- or administrator might by law in the following cases : estates. 1. Whenever such person shall die leaving any assets or effects in

the county of Kings, and there shall be no widow, husband or next of kin, entitled to have distributive share in the estate of said intestate, resident in the state, entitled, competent or willing to take out letters of administration on such estate.

2. Whenever assets or effects of any person dying intestate shall, after his death, come into the county of Kings and there shall be no person, as aforesaid, entitled, competent or willing to take administration of such estate.

In the above cases intestacy shall be presumed until a will shall be proven and letters testamentary issued thereon.

§ 2. This act shall take effect immediately.

have

ister on

CHAP. 125.

AN ACT to authorize the supervisor of the town of Concord,

in the county of Erie and state of New York, to purchase lots of the “ Springville Rural Cemetery Association,” to remove and reinter therein the bodies now remaining in the old burial grounds in the village of Springville, in said county, and to sell and convey said old burial grounds to defray the expenses thereof.

PASSED May 4, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The supervisor of the town of Concord, in the county of Erie and state of New York, by and with the consent of the board

Super

visor to

and reinter bodies

burial grounds.

removal.

made.

of trustees of the village of Springville, in said county, given by a remove resolution of said board of trustees and adopted at a meeting thereof called for that purpose, is hereby authorized and empowered to pur- pow in uld chase suitable and sufficient grounds of the Springville Rural Cemetery Association in said village, and to cause the bodies interred in and remaining in the old burial ground bounded on Franklin and West streets in said village of Springville, to be taken up, removed to, and properly reinterred in the grounds so purchased.

$ 2. No such removal of bodies, however, shall be made until after Notice of at least thirty days' notice shall be given by said supervisor of his intended intention to make the same, euch notice to be given by publishing the same for four weeks successively in all the newspapers published in said village of Springville prior to the day named in said notice for tho making of said removals as aforesaid.

83. In making such removals provisions shall be made that the Removals bodies so removed shall, when distinguishable, be inclosed in a separ- to be ate box, or coffin, and every monumental head-stone, foot-stone, slab, board, or other distinguishable mark shall be carefully removed and placed with the body with which it is connected, and properly set up at the time of the reinterment of such body, and members of the same family shall be placed in contiguous grounds.

$ 4. The said supervisor, after such removal, is further authorized Superand required to sell to the said village of Springville, for village pur- seni bilo poses, ihe old burial ground and premises from which such bodies burial have been removed fr such sum as shall equal the amount of the bro expense incurred by him in the purchase of the gronnds and the removal of the bodies as provided by this act; provided the said Proviso. village shall duly authorize the purchase thereof; otherwise to sell the same at public sale to the highest bidder, giving notice of the time and place of said sale by publishing said notice for four weeks successively in all the papers published in said village of Springville prior to the time of sale mentioned in said notice, and after said sale to convey the same by good and sufficient deeds to the purchaser or purchasers thereof, and to apply the moneys arising from said sale to the payment of the expenses incurred in the purchase and removal aforesaid.

$5. In case the moneys arising from said sale shall be insufficient Tax to pay to defray the expenses incurred in the purchase and removal made by virtue of this act, then, and in such case, the said supervisor shall make a just and full statement of such deficiency to the board of supervisors of the county of Erie, at the first regular meeting thereof after such deficiency shall have been ascertained, and the amount of such deficiency shall by said board of supervisors be levied upon the taxablo property of the town of Concord, in said county of Erie, and collected and paid over to the supervisor of said town of Concord, and by him applied to the payment of such deficiency.

$ 6. This act shall take effect immediately.

visor to sell old

ground,

deficiency.

CHAP 128.

AN ACT to amend chapter one hundred and seventy-five of

the laws of eighteen hundred and seventy, entitled An act regulating the sale of intoxicating liquors,” amended by chapters one hundred and sixty-four and four hundred and sixty-six of the laws of eighteen hundred and eighty-one.

Passed May 4, 1882 ; three-fifths being present. The People of the state of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section three of chapter one hundred and seventy-five of the laws of eighteen hundred and seventy, entitled “An act regulating the sale of intoxicating liquors," as amended by chapters one hundred and sixty-four and four hundred and sixty-six of the laws of eighteen hundred and eighty-one, is hereby further amended so as to read as follows:

§ 3. The commissioners of excise shall meet in their respective cities, sioners to villages and towns, on the first Monday of May in each year, for the

purpose of granting licenses as provided by law and at no other time for that purpose, except upon application for license made in good faith in any town or village, and in such case not oftener than once in

cach month; in cities they shall meet on the first Monday of each When 11 month, and as often as they shall deem necessary. All licenses here

after granted shall expire on the first Monday of May succeeding the date of such granting, except in the cities of New York, Brooklyn, and Rochester, and all applicants where such license is granted for a period of less than one year, shall pay a pro-rata amount of the license foc established for their place of business, by the commissioners of their respective cities, towns and villages ; and in said cities of New York, Brooklyn and Rochester, all such licenses shall expire at the end of one year from the time they shall be granted.

§ 2. This act shall take effect immediately.

When commis

meet.

censes to expire.

CHAP 127.

Incorpor ators.

AN ACT to incorporate the Christmas Fund of the Protestant
Episcopal Church, in the Diocese of Western New York.

PASSED May 4, 1882.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Charles McLouth, Henry P. Knowles and George E. Mumford, and their successors, are hereby constituted a body corporate under the title of “The Christmas Fund of the Protestant Episcopal Church, in the Diocese of Western New York.”

§ 2. The affairs of said corporation shall be managed by a board of three trustees, and the persons named in the first section of this act shall be the first trustees, and shall hold their offices until the close of the second day of the annual council of said diocesc, to be held in September, eighteen hundred and eighty-two.

Name.

Management of affairs.

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