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CHAP 81.

Cases in which appeal may be taken.

AN ACT to amend section one hundred and ninety of the Code

of Civil Procedure, and to provide for the application of such amendments thereof.

PASSED April 14, 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 hundred and ninety of the Code of Civil Procedure is hereby amended by adding thereto, at the end thereof, the following additional subdivision, viz.:

4. When an interlocutory judgment has been entered on the decision of a demurrer, provided that the appeal shall be taken within sixty days after the service on the attorney for the appellant, of a copy of the judgment and notice of the entry thereof, and provided also that, excepting in the case of appeals now pending, the general term shall certify that in its opinion the question arising therein is of sufficient importance to render a decision by the court of appeals desirable before

proceeding farther. To apply $ 2. So much of the provisions of the subdivision hereby added to to pending sail section one hundred and ninety as precedes the second proviso

thereof, shall apply to appeals already pending in the court of appeals, as well as to those which may hereafter be brought, excepting that so much of said subdivision as limits the time for the taking of said appeals shall not be applicable to appeals already pending,

council may raise

CHAP. 8.
AN ACT authorizing the city of Newburgh to raise moneys by

taxation, to be used in defraying the expenses of a centennial
celebration at said city,' in the year eighteen hundred and
eighty-three, of the disbandment of the army of the revolu-
tion.

PASSED April 14, 1882; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Common

SECTION 1. The common council of the city of Newburgh is hereby

authorized to raise, by taxation, in the same manner as taxes for $5,000. other city purposes are raised and collected, the sum of five thon

sand dollars, one-half thereof in the year eighteen hundred and eightytwo and the other half in eighteen hundred and eighty-three.

§ 2. The moneys which shall be so raised shall be deposited with

the city treasurer, set apart as the “centennial fund," and used in to defray defraying such expenses as may be jointly incurred, in writing, by jointly

the mayor, common council, and trustees of Washington's head-quarincurred. ters, in celebrating at Newburgh in the year eighteen hundred and

cighty-three the centennial of the declaration of peace, and the disbandment of the army of the revolution. No contracts shall be made or liabilities incurred by said officers on the credit of the city in excess of said five thousand dollars, and no other moneys of said city shall

“ Centennial fund to be used

expenses

be used therefor. Said fund shall only be drawn by drafts signed Tund how

drawn ou. by the mayor and clerk, and authorized by a vote of the common council.

§ 3. All moneys which may be raised as aforesaid, and which shall not be applied to the purposes mentioned in the second section of this act, shall be used toward the payment of street improvement of fire department bonds of the city falling dne.

§ 4. This act shall take effect immediately.

CHAP 68.

AN ACT to confirm the action and proceedings of the trustees

of the village of Corning, acting as commissioners of highways in discontinuing a portion of Water street in said village.

PASSED April 14, 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 action and proceedings of the trnstees of the vil- Proceedlage of Corning, acting as commissioners of highways in said village, ings ratiin discontinuing so much of Water street in said village, as lies east of Walnut street, pursuant to the certificate of a jury that said portion of said street was useless and unnecessary, are hereby ratified and confirmed.

$ 2, This act shall take effect immediately,

.

CHAP 64.

AN ACT to amend chapter two hundred and seventeen of the

laws of eighteen hundred and seventy-nine, entitled "An act in relation to oil wells."

PASSED April 14, 1882 ; three-6fths 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 two hundred and seventeen of the laws of eighteen hundred and seventy-nine is hereby amended so as to read as follows: § 1. Whenever any well shall have been put down for the purpose

of exploring for, and producing oil, upon abandoning or ceasing to doned operate the same, the owner or operator shall, for the purpose of ex- filed up. cluding all fresh water from the oil-bearing rock, and before drawing the casing fill up the well with sand or rock sediment to the depth of at least twenty feet above the third sand, or oil-bearing rock, and drive a round, seasoned wooden plug at least two feet in length, equal Plugging in diameter to the diameter of the well below the casing, to a point at same. least five feet below the bottom of the casing, and immediately after the drawing of the casing, shall drive a round wooden plug into the well at the point just below where the lower end of the casing shall

* So in the original.

Aban

have rested, which plug shall be at least three feet in length, tapering in form, and to be of the same diameter at the distance of eighteen inches from the smaller end as the diameter of the well below the poiut at which it is to be driven ; after it has been properly driven shall fill in on top of same with sand or rock sediment to the depth of at least five fect.

§ 2. Section two of said act is hereby amended so as to read as fol

lows : Violation $ 2. Any person who shall violate the provisions of this act shall, act a mis- upon conviction thereof, be deemed guilty of a misdemeanor, and be demeanor. punished by a fine of not less than two hundred nor exceeding five

hundred dollars, or by imprisonment in the county jail where the conviction shall be had, for a time not exceeding one year, or both such fine and imprisonment, in the discretion of the court before whom such conviction shall be had; one-half of the fine so imposed to be paid to the informer, the residue to the use of the school district in which such well may be situated.

$ 3. Section three of said act is hereby amended so as to read as fol

lows: In case of $ 3. Whenever any owner or operator shall neglect or refuse to Heelect ad- comply with the provisions of section one of this act, the owner of, or

operator upon, any land adjoining that upon which such abandoned may plug

well may be, may enter, take possession of said abandoned well and Ows's plug the same, as provided by this act, at the expense of the owner or

operator whose duty it may be to plug the same.

$ 4. All acts or parts of acts inconsistent or in anywise conflicting with the provisions of this act are hereby repealed.

85. This act shall take effect immediately.

owners

well at

expense.

CHAP 65.

AN AOT to amend the Code of Criminal Procedure.

PASSED April 14, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section four hundred and sixty-six of the Code of Crim

inal Procedure is hereby amended so as to read as follows: In case of $ 466. The application for a new trial must be made before judgdeath sen- ment except in case of a sentence of death when the application may be plication made at any time before execution and in case the court before which for new trial may

the trial was had is not in session so that the application can be made be made and determined before the execution then the application may be made after judg

to any justice of the supreme court or special term thereof, within tho judicial department where the conviction was had.

§ 2. This act shall take effect immediately,

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AN ACT extending the time for the collection of taxes in the several towns in the counties of Sullivan and Yates.

PASSED April 14, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Asseinbly, do enact as follows :

SECTION 1. The time for the collection of unpaid taxes in the Time several towns in the counties of Sullivan and Yates is hereby extended extended. to day first, eighteen hundred and eighty-two, and the warrants for the collection thereof shall be valid for the purpose of enforcing the collection of said unpaid taxes until May first, eighteen hundred and eighty-two; provided the collectors of said towns, respectively, shall renew their bonds as required by chapter two of the laws of eighteen hundred and eighty-two, entitled, “ An act to authorize the extension of the time for the collection of taxes in the several towns of this state.

$ 2. Nothing contained in this act shall be construed to release Not to said collectors or their sureties from any liability now incurred or

collectors, that may be hereafter incurred by any of such collectors or their sure oto. ties.

§ 3. This act shall take effect immediately.

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AN ACT to authorize the village of Fredonia to issue bonds

for the purpose of supplying said village with pure and wholesome water, and to create a board of water commissioners.

PASSED April 14, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Enoch A, Curtis, Theodore S. Hubbard, Oscar W. John- Commis son, Darwin Thayer, Lorenzo Morris, Milton M. Fenner, Leverett B. sioners. Greene, Gains M. Tremain and Clarence M. Howard are hereby designated and entitled the board of water commissioners of the village of Fredonia, who shall hold office for two years or until their successors are elected and qualified as in this act provided. There shall be Election elected at the charter election in said village in the year eighteen hun olssues dred and eighty-four, three water commissioners who shall succeed the first three named in this act and the same number shall be elected every third year thereafter. There shall be elected at said election in said village in the year eighteen hundred and eighty-five three water commissioners who shall succeed the fourth, fifth and sixth persons named in this act, and the same number shall be elected every third year thereafter and there shall be elected at the said election in said village in the year eighteen hundred and eightysix, three water commissioners who shall succeed the last three named in this act and the same number shall be elected every third year thereafter.

Organization.

tions of cominissioners.

Treasur

§ 2. Said board of water commissioners shall, within thirty days after the passage of this act, organize by the election of one of their number as president, and the appointment of a secretary and treasurer,

who shall hold their offices until the annual meeting of said board Annual and until their successors are duly elected. The annual meeting of meeting.

said board shall be held on the first Monday of May, in each year, at

such regular hour of meeting as shall from time to time be fixed upon Qualifica by said board. The members of said board shall be residents and tax

able inhabitants of the village of Fredonia, and in case of a vacancy of their office by death, resignation, removal from said village, or other

wise, said vacancy shall be filled by appointment by the board of water Regular commissioners. The regular meetings of said board shall be held meetings.

monthly, at such hour and place as said board shall determine; and the office of any member absenting himself from three regular meetings consecutively without cause may be declared vacant by said board

of commissioners. The treasurer shall give a bond, with sufficient er's bond. Bureties for the faithful performance of the duties of his office, in such

amount as may be determined by the board of commissioners. No member of said board, unless he be secretary thereof, shall receive any

compensation for his services. Duty of § 3. It shall be the duty of the commissioners to examine and concoinmis

sider all matters relating to supplying said village with pure and sioners.

wholesome water, and for that purpose they shall have power to employ engineers, surveyors, and such other persons as shall be necessary for that purpose ; and they shall adopt such plans as in their opinion may be most feasible for securing such supply of water, and which shal] embrace proper distribution of pipes, and supplies for all streets and places where in their opinion it shall be for the interest of the village, and the commissioners shall have power to extend their distributing pipes, aqueducts and mains, and erect hydrants without the limit of said village, and to sell, regulate, protect and control such portions of their works and water supply thereof, in the same manner that they may regulate, protect and control their works and the water supply within the village, and shall ascertain the probable amount of money necessary to carry the same into effect; and for that purpose they shall have the power to contract for and purchase, and take by deed or other instrument under seal, in the name of said village, all lands, tenements, hereditaments, water or water rights, or privileges, or water whatever, and situate at any place within the county of Chautauqua, which may be required for the purpose, to pay and justly compensate all persons and parties who may sustain damage by reason of the diversion of the natural flow of water in any stream or streams to be affected by the taking and using of any water for the use and purposes of this act, and to take releases•and conveyances from the persons to whom damages may be paid, and to contract for the execution of the

work, or any part thereof, or the supply of any necessary materials; May take and the commissioners and their agents and employees are author

ized to enter upon any land or water for the purpose of making surveys, and to agree with the owner of the property, real or personal, which may be required for the purposes of this act, as to the amount of compensation to be paid such owner, subject to a revision by the court

upon application by any three taxable inhabitants of said village. Survey and § 4. Before entering, taking or using any land, rights or privileges, mad to be for the purposes of this act, the said water commissioners shall cause a

survey and map to be made of the lands and water intended to be taken or entered upon for any of said purposes by and on which the

land.

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