Officers.

By-laws.

Directors

may enforce pay. ment of stock sub

scriptions. Notice to

subscribers.

First directors.

how filled.

of election.

previous to an election; voting shall be by ballot, and may be in person or by proxy.

§ 5. The directors shall annually appoint a president, secretary, treasurer and such other officers as they may deem necessary, who shall hold their offices until others are appointed in their places; and they may make and ordain such by-laws and regulations not inconsistent with the laws of this State, as they may deem necessary and proper for the management of their business, and for accomplishing the purposes of the corporation.

§ 6. The directors may require payment of subscriptions to the stock, at such times and in such proportions as they may see fit, under the penalty of forfeiting all stock and previous payments thereon, and may sue for and recover all such subscriptions. Notice of the time and place of said payments shall be published for four weeks previous to said time at least once in each week, in two newspapers published in the county of West

chester.

§ 7. The persons named in the first section shall be the first directors, and shall hold their offices until the said first Wednesday of May, eighteen hundred and Vacancies, seventy, and until others are chosen in their places; and in case of vacancy in the direction, by reason of death, resignation or removal from the county of Westchester, of any director, or of his ceasing to be a stockholder, it may be filled by the remaining directors until the next annual election, or until some other person shall be Inspectors elected to fill the same. The directors herein named may appoint three persons, who shall be stockholders, to be inspectors at the first election, after which the stockholders shall choose three such inspectors at the annual elections. If no inspectors are chosen, the directors may appoint them from time to time. The directors may remove all officers appointed by them, of officers. and appoint others in their places, and fill all vacancies in the offices. If at any time an election of directors shall not take place on the day appointed by this act, the corporation shall not for that cause be dissolved, but an election may be held on any other day, in such manner as shall be prescribed by the directors or provided for by the by-laws.

Removal and ap

pointment

may hold

§8. For the purpose of supplying the said town of Company Morrisania and other towns in the county of Westches- real estate. ter with pure and wholesome water, the said company may purchase, take and hold any real estate, and, by their directors, agents, servants or other persons employed, may enter upon the lands of any person or persons which may be necessary for such purpose, and may take the water from any springs (except such as are used for domestic purposes), ponds or streams, and may divert and convey the same to said town, and may lay and construct any pipes, conduits, aqueducts, wells, reservoirs or other works or machinery necessary or proper for said purpose, upon any lands so entered upon, purchased, taken or held. Said corporation may, as May enter aforesaid, enter upon any lands, streets, highways, roads, lanes, canals, railroads or public squares, through which they may deem it proper to convey the water from said springs, fountains, ponds, streams, wells and reservoirs, and lay and construct any pipes, conduits, aqueducts or May lay other works for that purpose, leaving the said lands, pipes. streets, highways, roads, lanes, canals, railroads and Lands, public squares, in the same condition, as nearly as may be be, as they were before said entry; but the said com- consent of pany shall not lay and construct said pipes, conduits owner aqueducts, and other works through any private garden, lay pipes court-yard or building lot, without the consent of such gardens,

owner.

lands.

water

stregis, etc. to re

cessary to

through

etc.

and map of

lands, to be made and

filed.

§ 9. Before entering, taking or using any land for the Survey purposes of this act, the directors of this company shall cause a survey and map to be made of the lands intended to be taken or entered upon for any of said purposes, and by which the land of each owner or occupant intended to be taken or used shall be designated, and which map shall be signed by the surveyor or engineer making the same, and by the president of said company, and be filed in the office of the clerk of the county of Westchester. The company, by any two of its officers, Entry of agents or servants, may enter upon any lands for the lands for purpose of making an examination, and of making said tion. survey and map, doing no unnecessary damage.

examina

§ 10. In case the said company cannot agree with the Company said owners and occupants of any lands or water inelands,

may ac

in case of

disagreement..

Commis

sioners to appraise damages.

Notice to resident

lands.

Notice to guardians, non-residents, married wo men, etc.

tended to be taken or used as aforesaid, for the purchase thereof, the directors may apply to the Supreme Court, at any term or session thereof held in the second judi cial district, for the appointment of three commissioners, by whom the compensation to be paid for the damages suffered or to be suffered by any person or persons, by reason of taking said lands and water, and constructing any of the works of said company, shall be ascertained and determined; and in case of the death, resignation, refusal or disability to act of any of said commissioners, the court may appoint others in their places. The comowners of missioners shall cause notice, of at least twenty days, of the time and place of their meeting, to be served upon such of the owners of said land and water as can be found in this State, which may be served personally, or, in their absence from their dwellings or places of business, by leaving the same thereat with some person of suitable age; and in case of any legal disability of such owner to act, then upon serving notice, in like manner, upon his guardian or person appointed to act for him, as hereinafter directed; and in case any of said owners cannot be found in this State, such notice shall be given to them by publishing the same for six weeks successively in two newspapers published in said county; and if any of said owners shall be married women, insane, infants or idiots, the said court shall appoint some suitable person to attend in their behalf before said commis, sioners, and take care of their interests in the premises. The commissioners may issue subpoenas to compel the attendance of witnesses to testify before them, and they, or any one of them, may administer the usual oath to Report and such witnesses. They shall make a written report of all their proceedings, containing the testimony taken by them and showing the sum awarded to each owner or other person, and returning the same to the said court Their com- to be filed of record. The company shall pay to each commissioner the sum of three dollars per day for every day necessarily spent by him in the performance of his duties under this act, and to each witness sworn and testifying, or if not sworn and testifying, who the commissioners shall certify were properly and necessarily subpoenaed, the sum of fifty cents per day and four cents

award of commissioners to be filed.

pensation.

Fees of witnesses.

per mile travel in going and returning, if living more than three miles from the place of meeting.

ings of

§ 11. The said company, or any party to the proceed- Appeals. ings of the commissioners, may appeal from any award or determination of the commissioners, provided the party Proceedappealing shall, within ten days after any such award court or determination shall be made, give notice of the appeal thereon. to the other party or parties interested in the same; and the said court shall, upon the report of the commissioners and upon additional testimony to be taken by them, if they deem the same to be necessary, proceed to hear the said appeal, and may confirm the proceedings of the commissioners or may increase or diminish the amount of compensation awarded by said commissioners, and if their proceedings in any case have been irregular, the court may set the same aside and order a new proceeding and appraisement; and the said court may make such orders in reference to the proceedings of the commissioners and of notices to be given to parties as may not be inconsisten: with this act, and as the nature of the case and the interest of the parties may require.

may enter

awards.

thereof,

bank.

§ 12. Upon the payment or legal tender of the com- Company pensation awarded by the said commissioners or (in case lands, upon of appeal) by the said court, the said company shall be payment or legal tenentitled to enter upon, for the purpose contemplated by der of this act, all the lands, waters and real estate for which said compensation shall be paid or tendered as aforesaid, and to hold and use the same for the said purposes to them and their suscessors forever. If any person to Deposit whom any compensation shall be awarded, or who shall when to be be entitled to the same by virtue of said award, cannot made in be found, or shall refuse to receive the sum awarded to him, then the said payment may be made by depositing the amount of said award to the credit of said person in such bank as may be appointed by said court. A certi ficate of such deposit, signed by the cashier of the bank, shall be published by said company in two newspapers published in said county for four weeks successively immediately after said deposit. If the person to whom compensation is awarded, or who is entitled to receive the same as aforesaid, be under legal disability as aforesaid, payment may be made to his guardian or person

Company may take and hold lands,

waters,

for

appointed as aforesaid by the said court, and if said guardian or person cannot be found, then by deposit in bank as aforesaid.

§ 13. The said company shall also take and hold, for the purposes contemplated by this act, all the lands, waters and real estate which they shall in any way purposes of legally enter upon and take by virtue hereof, except the streets, highways, railroads, parks or other public places through or upon which they may run their pipes, to them and their successors forever.

act.

Powers of company.

Willful injury to

§14. Said company is hereby authorized and empow ered to purchase and take conveyances, for and in the name of the company, of all lands or other estates, or privileges, necessary or convenient for accomplishing the purposes of this act; to dam and hold in sufficient quantities the water of any pond, lake, stream or spring, taken under the provisions of this act heretofore contained; to lay and construct all necessary pipes, aqueducts or reservoirs, either within or without said town; to make use of the ground or soil under any railroad, canal, street, high or private way, for the purposes of laying said pipes or aqueducts in such manner as least to obstruct or impede travel thereon, causing all damage done thereto to be repaired, and all damage sustained by any person or corporation in consequence of the interruption of travel, to be paid to such person or corporation; to make and establish public reservoirs and hydrants; to regulate the distribution and use of said water, and establish the prices to be paid therefor, and to collect all water rents.

§ 15. If any person shall willfully and maliciously corrupt the water in any reservoir, hydrant, aqueduct, how pun pipe or other portion of said water works, or destroy or

water

works,

.ished.

injure any portion of such works, or any materials or property used or designed to be used in connection therewith, he shall forfeit and pay said company treble damages, in any action of trespass brought by said company; and such person, on conviction thereof before any court having jurisdiction of the offense, shall be punished by fine not exceeding three hundred dollars, or by imprisonment not exceeding one year, or both such fine and imprisonment.