be elected. Officers to pire on the Tuesday succeeding the second Monday of November, eighteen hundred and eighty-two, and the other to hold the office for a term to begin on the day following said election and to expire on the Tuesday succeeding the second Monday of November, eighteen hundred and eighty-one, and of a constable of said ward to hold the office for a to term to begin on the day following said election, and to expire on the Tuesday succeeding the second Monday of November, eighteen hundred and eighty-one, and serve or cause to be served on each of the inspectors of election and poll clerks of each of the election districts of said ward a copy of said notice. Special election. Persons elected aldermen to be seated on filing certificate. § 5. On the day named in said notice a special election shall be held in the fourth ward of the city of Troy, at the polling places in the re spective election districts thereof, of two aldermen of said ward, one to hold the office for a term to begin on the day following said election, and to expire on the Tuesday succeeding the second Monday of November, eighteen hundred and eighty-two, and the other to hold the office for a term to begin on the day following said election and to expire on the Tuesday succeeding the second Monday of November, eighteen hundred and eighty-one; and of a constable of said ward, to hold the office for a term to begin on the day following said election, and to expire on the Tuesday succeeding the second Monday of November, eighteen hundred and eighty-one, said election shall be conducted and the returns, certification and canvass thereof made in the manner provided by existing laws relating to general and charter elections in the city of Troy, the wards and election districts thereof, and the offices. of alderman and constable thereof, so far as the same can be made applicable to said special election and are not inconsistent with or repugnant to the provisions of this act, and the persons elected aldermen and constable of the fourth ward of the city of Troy, as in this act provided, shall hold their said offices for the respective terms in this act declared and provided. § 6. On taking and filing with the city clerk of the city of Troy the oath of office now provided by the constitution and law, the two persons who by the certificates of the inspectors of election of the respective election districts of said ward shall appear to have received the greatest number of legal votes cast at said special election for the offices of aldermen of the fourth ward of the city of Troy, for the said terms in said ward, shall, at the next meeting of said common council thereafter, be scated and recognized and permitted to discharge the duties of their offices, by said common council, and the president thereof, and the city clerk of said city, as the two aldermen of said ward for the respective terms aforesaid, and shall so continue to be seated, recognized and permitted to discharge the duties of their offices until their successors shall Business be elected or appointed according to law. After the passage of this act transacted the common council of the city of Troy shall not transact any busiuntil after ness whatever (except to comply with some provision or provisions of election is this act or any other laws relating to general or charter elections in said city not inconsistent with or repugnant to this act and necessary to enable said special election to be held, to organize, to canvass the votes cast at any charter election of said city, to appoint commissioners of charity, police commissioners, fire commissioners or police magistrates thereof as provided by law), until after said special election shall have been held and until and only during the time or times said persons so elected aldermen of said ward as aforesaid, and their successors in office elected or appointed as aforesaid shall be seated, recognized and permitted to discharge the duties of their offices as afore not to be special held. . said, and any business transacted by said common council contrary to the provisions of this section shall be void. ings by officers, §7. In case of the neglect, refusal or omission of any person or Proceedpersons, or any officer, board or authority, or the common council of mandamus the city of Troy, to do any of the acts required of him, them or it by to compel this act, or by any other law or laws necessary for the holding of such etc., to election, the supreme court of this state, at a special term thereof, act. shall have power to compel, by the writ of mandamus, any such person or persons, or any such officer, board, authority, or the common council of the city of Troy, on any day after the day herein or therein. provided for the doing of any such act or acts, to perform any such act or acts so neglected, refused or omitted, on the application of any elector or electors of the fourth ward of said city, but no such person or persons, or any such officer, shall receive any compensation for the doing of any such act or acts, and in case of a failure to hold said election, as herein provided, the supreme court of this state, at a special term thereof, shall have power to compel, by the writ of mandamus, the doing of any and all acts necessary to the holding of such election, and the same, if necessary, may be ordered to be held at a day later than herein prescribed for the holding thereof. etc., of ground for meanor to § 8. In case the city clerk of Troy shall willfully neglect, omit or Willful refuse to do any of the acts in this act provided to be done by said neglect, clerk, it shall be sufficient cause for his removal from his office by the clerk, court, and in the manner now provided for the removal from office of removal. justices of the peace and judges and justices of inferior courts not of record, by chapter three hundred and fifty-four of the laws of eighteen hundred and eighty, and in case of such removal the person so removed from the office shall be ineligible to appointment thereto, and any such appointment shall be void. In case the city clerk of the city Misdeof Troy, or any inspectors of election of the fourth ward of said city, wort or any officer or person mentioned in this act, shall willfully neglect, neglect to omit or refuse to do or perform any act or acts in this act provided to be done by any or either of them, it shall be a misdemeanor, and the city clerk, inspector of election, officer or person who shall be guilty thereof shall, upon conviction, be punished by a fine of two hundred and fifty dollars, or by imprisonment in the Rensselaer county jail for a term of six months, or by both such fine and imprisonment, in the discretion of the court, and courts of special sesssions in said county shall have exclusive jurisdiction in the first instance of such misde meanors. § 9. The city of Troy shall audit and pay the expenses of holding such election. act. abate. § 10. No judgment shall be granted or recovery had in favor of Action to either party for an ouster from office declaring any person entitled to such office, or for costs and disbursements, or any other relief whatever, in any action now pending between the people of the state of New York on the relation of any person, and any person claiming to hold in possession under color of title, or in possession of the office of alderman of the fourth ward of the city of Troy, and any such action shall abate. § 11. The provisions of all acts and parts of acts inconsistent with or repugnant to the provisions of this act are hereby repealed. 12. This act shall take effect immediately. Application to form company. CHAP. 213. AN ACT to amend chapter seven hundred and thirty-seven of The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of chapter seven hundred and thirty-seven of the laws of eighteen hundred and seventy-three, entitled "An act in relation to the creation and formation of water-works companies in towns and villages of the state of New York," is hereby amended to read as follows: § 2. Whenever any persons to the number of seven or more, shall organize for the purpose of forming a water-works company to supply water to any of the towns or villages and the inhabitants thereof, in this state, they shall present to the town or village authorities an application setting forth the persons who propose to form said company, the proposed capital stock thereof, the proposed number and character of the shares of such capital stock and the sources from Contents, which water is intended to be supplied. Such application shall be signed by the persons who propose to form said company, and shall contain a request that the authorities of such town or village shall consider the application to supply such town or village of this state, or the inhabitants thereof, with pure and wholesome water. Said authorities shall, within thirty days of the presentation of said applicaplication. tion, determine by a vote whether said application shall be granted; of, etc. Authorities to grant or Certifi filled. and the authorities of any town or village in this state are hereby authorized and empowered to make such determination, and when the same shall be made, to sign a certificate to that effect and immediately transmit the same to the persons making such application, or either of them. If such application is granted in whole, or in part, duplicate cates to be certificates of such determination shall be filed in the office of the clerk of said town or village, and in the office of the county clerk of the county in which the town or village granting such application shall be situated.. The persons named in such application shall thereupon meet and organize as a water-works company under such corporate name as they may select. They shall file in the office of the Recitals secretary of state a certificate of such organization. Said certificate shall recite the fact of such application and determination, and shall contain the name of the corporation, the names of the members of said corporation and their residences, the amount of capital stock, the location of the office of said company. Such certificate shall be subscribed by the persons by whom such application was made and sworn to by a majority of such persons. Upon the filing of said certificate said water-works company shall be known and deemed a body corporate, and shall be capable of suing and being sued by the corporate name which they shall have selected, in any of the courts of this state, and shall have the right to lay and maintain their pipes and hydrants for delivering and distributing water in any street, highway or public. place of such town or village for which consent shall have been given in. Body corporate. stock. as heretofore provided. The capital stock of said company shall be Capital paid in in the manner and within the time provided by the "Act to authorize the formation of corporations for manufacturing, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight, and the several amendments thereto, and the stockholders of said companies shall be personally liable for the debts. of said companies in the same manner and to the same extent as is provided by said act and the amendments thereto, but they shall not be liable for any debt secured by a mortgage. The authorities in this Authoriact authorized and referred to are as follows, to wit; for any incorporated village, the board of trustees thereof and the supervisor of the town; and for any town, the supervisor, justices of the peace, town clerk and highway-commissioners thereof. And all acts to be done under this act by such authorities may be done by a majority of their number at a meeting duly called or held. § 2. Section five of said first named act is amended to read as follows: ties. § 5. Said corporations are authorized and empowered to supply the Corporate authorities or inhabitants of any town or village, where they may powers. have organized, with pure and wholesome water, at such rates and cost to consumers as they shall agree upon, and such town or village, by its said authorities, may contract with such company for the delivery by said company of water through hydrants or otherwise, for the extinguishment of fires and for sanitary or other public purposes, and the amount by such contract agreed to be paid shall be annually raised as a part of the expenses of such town, and any such corporation shall have the power to borrow money for the purpose of constructing its works and to issue bonds and mortgage its property and franchises to secure the payment of the same. § 3. This act shall take effect immediately. CHAP. 214. AN ACT to authorize the commissioners of the town of Watertown, as it existed on the eighth day of May, eighteen hundred and sixty-nine, to issue the bonds of said town, to take up and retire the bonds issued in the year eighteen hundred and seventy by the commissioners for said town in aid of the Carthage, Watertown and Sacketts Harbor Railroad Company. PASSED May 5, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sioners au bonds. SECTION 1. Samuel B. Upham, Azariah H. Sawyer and Albert CommisGurnee, commissioners appointed for and in behalf of the town of thorized to Watertown, as said town existed on and prior to May eighth, eighteen issue hundred and sixty-nine, under and pursuant to an act entitled "An act to authorize the towns of Wilna, Champion, Rutland, Le Ray, Pamelia, Watertown, Brownville and Hounsfield in Jefferson county, to take stock and issue bonds therefor, in aid of the Carthage, Watertown and Sackett's Harbor, Railroad Company," passed March twentynine, eighteen hundred and sixty-nine, and an act entitled "An act Rate of interest, etc. When principal payable. Sale of bonds. Bonds to be valid. Commis sioners to report to ors. to relieve the towns of Watertown and Pamelia from embarrassment in the execution of chapter seventy-five of the laws of eighteen hundred and sixty-nine, arising from chapter seven hundred and fourteen of the laws of eighteen hundred and sixty-nine, and to facilitate the construction of the Carthage, Watertown and Sackett's Harbor Railroad," passed March ninth, eighteen hundred and seventy; and their successors in office are hereby authorized and empowered to execute under their hands and seals, and to issue bonds with interest bearing coupons in the name of the town of Watertown, as such town existed on and prior to the eighth day of May, in the year eighteen hundred and sixty-nine, not exceeding in amount the sum of two hundred and ninety-seven thousand dollars for the purpose of redeeming, taking up and retiring the bonds issued in the year eighteen hundred and seventy, by the commissioners for said town, in aid of the Carthage, Watertown and Sackett's Harbor Railroad Company. Such bonds to be issued by said commissioners shall bear interest at a rate not exceeding five per centum, payable semi-annually, and the principal and interest thereon shall be payable at such place, within the state of New York, as the said commissioners may determine, to be designated in said bonds. The principal of said bonds shall be payable at such time or times, in installments or otherwise, as may be determined by said commissioners, to be specified in said bonds; but the whole principal of said bonds shall become due and payable within thirty years from the first day of January, in the year eighteen hundred and eighty-two. Said commissioners may, in their discretion, sell said new bonds at a price not less than par, and with the avails of such sales, take up and pay said existing bonds, and the said bonds to be issued by said commissioners or the avails thereof shall be used for no purpose except to pay or retire said existing bonds. § 2. Said bonds when issued by the commissioners named in the first section of this act, or their successors in office, shall be valid and binding upon the town of Watertown, as it existed on and prior to the eighth day of May, eighteen hundred and sixty-nine. Said bonds shall contain a recital that they are issued under the provisions of this act, and such recital shall be conclusive evidence in any and all courts and places, of the validity of said bonds and the regularity of their issue. §3. The said commissioners shall report to the board of supervisors of Jefferson county at its next annual meeting after the issuing supervis- of said bonds, the amount of bonds issued by said commissioners, the amount of bonds sold by them, and the prices at which the same have been sold, and the amount of money received by them on said sale, and the disposition made by them of the avails received by them on the sale of said bonds. They shall also report to said board of supervisors, the necessary expenses and disbursements attending the preparation and sales of said bonds, and the payment of the existing bonds, and the said expenses and disbursements, together with the fees of Compensa- the said commissioners at three dollars per day, for each day actually and necessarily engaged in the discharge of their duties shall be audited and paid by said town of Watertown as it existed on and prior to the eighth day of May, eighteen hundred and sixty-nine, and shall be levied and collected by said board of supervisors in the manner prescribed by the fifth section of this act. tion. To cancel existing 1 ads. 4. Said commissioners shall cancel all existing bonds paid by them, and they shall deliver said existing bonds so cancelled by them, |