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Fees, payable by corpora

der act, to

Department.

property of the corporation, with all the powers of such receivers as defined by section one thousand seven hundred and eighty-eight of the Code of Civil Procedure. No such action shall be maintained to restrain or to dissolve any such corporation except by the AttorneyGeneral in the name and in behalf of the people.

§ 9. There shall be paid to the Superintendent of the Insurance Department by every corporation organized under this act the followtions un- ing fees, viz.: For filing and recording declaration therein required, Insurance the sum of ten dollars; for filing the annual statement, the sum of one dollar for each one hundred members or fraction thereof, not exceeding the sum of twenty-five dollars from any corporation; for each certificate of authority and certified copy thereof, the sum of five dollars; for making copy of paper filed in his office, the sum of ten cents per folio of one hundred words, and for affixing the seal of said office to such copy and certifying the same, one dollar; for expenses of examination by the department, the necessary and actual outlay for railroad fare and hotel bills, not to exceed for any such corporation, the sum of fifty dollars in any year. All the fees above described, when collected, shall be paid by the Superintendent at the end of each month Treasury. to the State Treasurer, and no other charge shall be made or fees collected from any such corporation, for any purpose whatever, by such department.

Payment thereof,

into State

Annual meeting

of merubers of

corporation.

Notice

thereof

Quorum thereat.

Assessments.

bers, statements to accompany.

§ 10. All corporations organized under this act shall hold within the county in which the principal office is located in this State, a stated annual meeting of their members in such manner and subject to such regulations, restrictions and provisions as the constitution or by-laws of the same may provide. Notice of such meeting shall be given in such manner as the by-laws may direct, but not less than five days before such meeting. At such stated meeting for the election of officers trustees, directors or managers a majority of the persons entitled to vote at such meeting shall not be necessary to a quorum, nor shall failure to elect on the day designated for such meeting dissolve any corporation under this act, but it shall be lawful to hold such election on a subsequent day, in such manner as may be directed by the by-laws. No newspaper publication of a by-law regulating any election shall be necessary to its validity.

§ 11. Each notice of assessment made by any corporation organized upon mem- under this act, made upon its members, or any of them, shall truly state the cause and purpose of such assessment and the amount paid on the last loss claim paid, the maximum face value of the policy or certificate on which said claim was paid, and, if not paid in full, the reason therefor. The manner and mode of making such assessments and the cost, expense and collection thereof shall be regulated by the by-laws of the corporation.

How collected

Failure to make re

port, or

ment, a

§ 12. Any officer or agent of any corporation, organized under this act, whose duty it is to make any report or perform any act, as profalse state- vided in this act, who shall refuse to comply with any of the provisions misde- of this act in respect thereto, or who shall make, in any report or statement aforesaid, any intentionally false or fraudulent statement, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, in the discretion of the court.

meanor.

How punished.

False

statement by

agent, ap

plicant, etc., a

§ 13. Any applicant, solicitor, agent or veterinary surgeon who shall knowingly or willfully, make any false or fraudulent statement or representation in or with reference to any application for membership, or for the purpose of obtaining any money or benefit in any cor

ished.

poration organized under this act, shall be guilty of a misdemeanor, misdeand, upon conviction thereof, shall be punished by a fine of not less meanor. than one hundred dollars nor more than five hundred dollars, or by How punimprisonment in a county jail of not less than ten days, nor more than one year, or by both such fine and imprisonment, in the discretion of the court.

"horse"

§ 14. The words "horse" and "horses," as used in this act, shall Term be considered and construed in their generic sense as including stal- and lions, geldings, colts and mares.

§ 15. This act shall take effect immediately.

CHAP. 455.

AN ACT to amend chapter one hundred and eighty-one of the laws of one thousand eight hundred and seventy-five, entitled "An act to authorize the villages of the State of New York to furnish. pure and wholesome water to the inhabitants thereof," and the acts amendatory thereof relating to boards of water commis

sioners.

APPROVED by the Governor June 12, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

"horses' defined.

sioners,

SECTION 1. Section three of chapter one hundred and eighty-one of water the laws of one thousand eight hundred and seventy-five, entitled commis"An act to authorize the villages of the State of New York to furnish board of. pure and wholesome water to the inhabitants thereof, is hereby amended so as to read as follows:

organiza

trustees.

§ 3. Whenever a majority of said authorities, in a village, shall Proceeddeem it advisable to organize as a board of water commissioners, they ings for shall certify the same in writing to the clerk of the village, who shall tion of, thereupon, and within five days thereafter, notify said authorities, in by stage writing, to attend a meeting to be held within five days thereafter, for the purpose of organizing as a board of water commissioners. At the time and place named in said notice said authorities, or a majority of them, shall meet and organize by electing one of their number presi- Officers of dent of the board. They shall also elect from their number a sec- board. retary and treasurer. Such board may make all necessary rules and regulations for its government and the transaction of its business. The treasurer shall give a bond, with sufficient sureties, for the faith- official ful performance of the duties of his office, in such amount as may be bond of determined by the board of commissioners, to be appointed by said of board. commissioners. The board of trustees of any village at their option, Village in place of acting themselves as a board of water commissioners, may trustees. cause the president of their board to appoint commissioners, three or vide for more in number, subject to confirmation by a majority of said trus- ment of tees, to take charge of and to carry on the water-works then belonging commisto the village, and to erect, build and to carry on and to take charge of a new system of water-works, or additional water-works for such village as a board of water commissioners, under the provisions of this act and the amendments thereto, which commissioners shall determine Classificaby lot their terms of service; one-third of whom shall serve for one their terms year, one-third for two years, and one-third for three years from and of service.

treasurer

appoint

sioners.

tion of

Successors, how

elected at

village election.

after the next annual election of such village. The successors of the appointed commissioners shall be elected at each annual election of the village held just prior to the time for the expiration of the term of service of each commissioner, as other village officers are elected, to hold their office for three years from and after such election. Νο commissioners shall be eligible to such office unless he be a resident, legal voter and a holder of real estate in fee-simple in his own name, taxed to him on the last assessment-roll of such village. The said Powers of board of water commissioners so appointed or elected shall have the

Eligibility

as commission

ers.

board.

Oath of office and official

bond.

same powers and be subject to the limitations as provided for by this act, and the amendments thereto for other boards of water commissioners. Each commissioner appointed or elected as aforesaid shall before acting as such commissioner, take the oath of office, and file a bond as provided for in section nine of this act. Such appointed commissioners and their successors shall act without pay for their services. It shall be the duty of the board of president and trustees of the village, at the request of the board of call special water commissioners, to call a special meeting or meetings of the voters ing. and tax payers whose names appear on the last assessment-roll of the village, on the question of taxation for the water debt or expenses, as Vacancies, provided for in section twenty-one of this act. Vacancies in such how filled. board of water commissioners shall be filled as provided for by this act for vacancies in boards of water commissioners.

Village trustees, when to

tax meet

Water

commissioners, to

execute and fille official

bonds, before in

debted

ness.

Renewal

of such bonds.

Official

§ 2. Section nine is hereby amended so as to read as follows

§ 9. No bonds, certificates or other obligations of indebtedness shall be issued by any board of commissioners authorized by this act, until such commissioners shall have filed with the clerk of the county in which said village or some portion thereof shall be situated, their joint and several bonds in the sum of twenty thousand dollars, with curring in- sureties, to be justified before and approved by the county judge of said county or a justice of the supreme court, and conditioned for the faithful performance of the duties of such commissioners; and when the term of service of any such commissioner shall expire he shall hold his office as such commissioner until new bonds shall have been given by the board of which his successor is to be a member, which bond shall be in similar form to those first executed for a like amount, and to be justified, approved and filed in a similar manner. In case such commissioner or commissioners shall have been elected by a vote of the electors of the village or have been appointed as provided for in this act, then and in that case in lieu of the joint and several bond provided for in this section, each of the said elected or appointed commissioners may give a separate bond with sureties, or with any number or all of the other commissioners, give a joint and several bond with sureties in the amount of at least five thousand dollars each or more if required by the board of president and trustees of the village, conditioned for the faithful performance of his duties as such commissioner. Such bond to be approved in writing thereon by a majority of the board of president and trustees and filed with the and fled. clerk or acting clerk of the village. In such last-mentioned case no member of the board of president and trustees shall then be holding the office of a water commissioner. Should any of the newly elected commissioners fail to qualify the board of water commissioners shall decide by lot which of the out-going commissioners shall hold over. § 3. Section ten is hereby amended so as to read as follows:

bond, of commissioners elected at village election.

Bonds,

how ap

proved

Proviso.

Contracts

for labor

and mate

10. Said commissioners shall have power to make all necessary contracts for labor and materials in the construction of the work, and

filled.

receiving

lished.

or's bonds.

all pertaining thereto, which said contract shall be in writing, signed rials, how by a majority of the commissioners, and of which there shall be three made and originals executed by the parties, which shall be numbered by the same number, one of which shall be given to the contractor, one to the village clerk, which shall be filed by said clerk with the records of said village, and one retained by the commissioners; and three weeks Notice, of public notice shall be given in one or more newspapers published in proposals, said village, or, if no paper is published in said village, then in how pubone or more of the nearest newspapers published in the county, as the commissioners shall direct, of the times and places at which sealed proposals will be received for entering into contracts, and the commissioners shall have full discretion as to the acceptance or rejection of all sealed proposals; and in case any materials and labor shall then remain uncontracted for, the like notice for sealed proposals and like proceedings may be had as above provided; and so, from time to time, as said commissioners may direct, for work or materials; and every Contractperson who shall enter into any contract for the supply of materials, or the performance of any work, shall give satisfactory security to such commissioners for the faithful performance of his contract according to its terms. The commissioners, without advertising for bids, Power of may employ labor and buy material in open market for storehouses, ioners, to shops and water mains, in value not to exceed five hundred dollars in any procure one year; or for distributing pipes and cut-offs connecting the mains labor and with the service supply pipes to buildings and yards, or for valves, gates, without hydrants and hydrant pipes, or for repairs to the water-works, or for advertistools, implements and supplies needed to make such additions and repairs. The commissioners may employ a superintendent, and such Employother help as may be required in taking charge of and in carrying on the ment of water-works, whose term of service shall close at the option of the board. tendent. The superintendent shall give to the commissioners a bond, with sure- His official ties, conditioned for the faithful performance of the duties required of him by the board, to be approved by them. On and after the or- Control of ganization of any board of water commissioners, pursuant to the pro- water visions of this act, they shall take charge of and carry on any system works. of water-works then belonging to the village.

§ 4. Section seventeen is hereby amended so as to read as follows:

commis

certain

materials,

ing.

superin

bond.

village

sioners, to

etc., to be

§ 17. The said commissioners shall annually, on the first day of CommisMay in each year, and at all such other times as required by the board make anof supervisors of a county in which said village or some portion nual finanthereof is situated, deliver to said board of supervisors a detailed state- ment, etc. ment of all their accounts, a general statement of all their work, and condition of their affairs and state of finances, including a full detail of the amount expended in the progress of the work, and a particularized statement of any deficiency as to the water rents in meeting the principal and interest of the sum borrowed, as in the previous section Books, herein before referred to, and all books and papers of every kind and open to indescription kept by said commissioners, upon which are entries of their spection. transactions as such, shall, at all times be subject to the inspection by said board of supervisors, and by every elector of said village. In case Annual such commissioners shall have been elected as such by the vote of the when to electors of the village or appointed by the president of the board of be made to trustees, as provided for by this act, then and in that case the board trustees. of water commissioners shall furnish such statement to the board of president and trustees of the village in lieu of furnishing such statement to the board of supervisors of the county.

§ 5. This act shall take effect immediately.

statement,

village

Town as

make sep

for

wards of city, etc.

CHAP. 456.

AN ACT to ratify and confirm the acts of the president and trus-
tees of the village of Tivoli in certain cases.

APPROVED by the Governor June 12, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The several acts of the president and trustees of the village of Tivoli, during the years of one thousand eight hundred and eighty-six, one thousand eight hundred and eighty-seven and one thousand eight hundred and eighty-eight, in the appropriation and expenditure of the public funds of said village, are hereby ratified and confirmed, and made as legal, and shall be held to be of the same force, effect and validity, so far as the same were expended for the benefit of said village, as if the said funds had been specifically expended for the several purposes for which they were raised by tax.

§ 2. Nothing in this act contained shall in any way affect any proceedings in any court of this State, now pending, growing out of or begun and prosecuted, because of any such expenditure.

3. This act shall take effect immediately.

CHAP. 457.

AN ACT in relation to the assessment-roll of the town of Oswe-
gatchie, in the county of St. Lawrence.

APPROVED by the Governor June 12, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Hereafter the assessors of the town of Oswegatchie, in sessors, to the county of St. Lawrence, instead of making one assessment-roll arate as- of the taxable property in said town, shall make one assessment-roll of sessment- the taxable property in said town outside of the limits of the city of Ogdensburg, and a separate assessment-roll of the taxable property in said town in each ward in the city of Ogdensburg. For the purposes of such rolls, a resident of any ward in said city, or of the town outside of said city, shall be regarded as a resident of every ward and of the town, but shall be assessed for personal property only on the roll for the ward or part of the town in which he resides. Such rolls, when when and certified in the manner required by law, shall on or before the first day of September in each year, be delivered by said assessors as follows: The one for the town outside of the limits of the city to the supervisor of the town, and those for the several wards of said city to the respective supervisors thereof, which supervisors shall be respectively residents of the town or ward for which they have assessmentrolls according to the foregoing provisions; and the said supervisors shall deliver the said rolls to the board of supervisors at their next meeting.

Rolls,

how de

livered.

Tax, how assessed

§ 2. The aggregate valuations of the real and personal estate upon said several rolls as corrected by the board of supervisors, shall be the upon rolls. valuation of the real and personal estate of said town of Oswegatchie,

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