under act. To assess sewerage. titled "An act to provide a system of sewerage for the village of Fulton" is hereby amended so as to read as follows: 2. To determine by a resolution to be entered in the minutes of the expense of proceedings of said board of trustees, what portion, if any, of the expenses of making any such sewer, or sewers, shall be paid by the village at large, and what part or portion thereof shall be defrayed by local assessment upon such portions of the real estate in said village as the assessors shall deem more immediately benefited thereby; and the portion so determined to be assessed upon the said village at large, shall be levied by the board of trustees of said village, and assessed and collected in the manner that other expenses of said village are raised.. Repeal. Village charter amended. Village § 2. Said chapter one hundred and seventy-nine, is hereby further amended by adding a new section, to be known as section fourteen. § 14. All acts and parts of acts inconsistent with this act are hereby repealed. 3. This act shall take effect immediately. CHAP. 271. AN ACT to amend chapter sixty-nine of the laws of one thousand eight hundred and fifty-nine, entitled "An act to amend and consolidate the several acts relative to the village of Potsdam," as amended by chapter one hundred and seventy-seven of the laws of one thousand eight hundred and sixty-six, and as amended by chapter four of the laws of one thousand eight hundred and seventy, and as amended by chapter seven hundred and eleven of the laws of one thousand eight hundred and seventy, and as amended by chapter sixteen of the laws of one thousand eight hundred and eighty-three, and as amended by chapter two hundred and six of the laws of one thousand eight hundred and eighty-five, and as amended by chapter eighteen of the laws of one thousand eight hundred and eighty-seven, and as amended by chapter eight of the laws of one thousand eight hundred and eighty-eight. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, May 9, 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. Subdivision eleven of section eight of chapter sixtynine of the laws of one thousand eight hundred and fifty-nine, entitled "An act to amend and consolidate the several acts relative to the village of Potsdam," as amended by chapter four of the laws of one thousand eight hundred and seventy, and as amended by chapter seven hundred and eleven of the laws of one thousand eight hundred and seventy, and as amended by chapter sixteen of the laws of one thousand eight hundred and eighty-three, is hereby amended so as to read as follows: 11. To appoint by writing, under the seal of the corporation, sixtrustees, to teen or more firemen to every engine and hose cart at time any possessed by the village, who shall hold their places during the pleasure of the trustees, and be exempt from service in the militia, except in appoint firemen. tions. regula panies, etc. engine, favorable village case of war, invasion or insurrection, and upon juries and from a poll tax, and shall be entitled, while in active service, to a deduction in Exempthe assessment of their property upon the assessment-roll of said village, for village purposes, to the amount of one thousand dollars. The trustees shall prescribe the time and mode of the exercise of the fire, hose and hook and ladder companies, and establish rules for their Rules and regulation, and enforce obedience to them by penalties, make new ap- tions, for pointments of foremen and all officers whenever vacancies occur, and dis- fire comband all or any of such companies. The said trustees are hereby authorized to purchase, whenever said purchase has been or may be Steam fire approved at an annual meeting of the inhabitants of said village, a purchase steam fire engine, at a price not to exceed four thousand dollars, to be of, upon paid for at such time or times within five years from the time of such vote. purchase, as said trustees shall determine. Said trustees may issue the Issue of negotiable bonds of said village, with interest coupons attached in bonds, in payment for such engine, or they may borrow on the credit of said payment village the money necessary to pay for said engine, and issue the bonds of said village with interest coupons therefor. Such interest upon the whole sum to be paid annually at a rate not exceeding five per centum Rate of inper annum. Said bonds shall be denominated "Steam fire engine bonds," and shall be numbered consecutively as issued, and the clerk Bonds. of said village shall keep a record of the number, amount, rate of in- how re terest and the time when each bond will become payable. The credit of said village is hereby pledged for the payment of such bonds as may be issued under the aforesaid provisions, and said trustees are Credit of authorized and directed to raise, in the manner provided by law for pledged assessing and collecting taxes in said village, from time to time by tax upon the taxable property of said village such sums as may be necessary to pay the interest upon said bonds, and the said bonds as the same shall become payable. § 2. This act shall take effect immediately. CHAP. 272. AN ACT to amend section seven hundred and ninety-four of the BECAME a law without the approval of the Governor, in. accordance with the The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section seven hundred and ninety-four of the Code of Civil Procedure, is hereby amended so as to read as follows: 8794. When any action or special proceeding, placed upon the calendar of a term of a court of record, held in the city and county of New York, is regularly called and passed, or is put over the term by stipulation, without a postponement by the court for good cause shown, it must thenceforth be placed on the same or a future calendar as if the date of the issue was the time when it was thus passed; and any cause which shall be thus passed or put over the term, after it has been advanced as a preferred cause, shall lose its right to a preference. § 2. This act shall take effect immediately. therefor. terest. corded. village Village trustees, may borrow money and issue bonds. terest, and when pay Bonds, how executed, and CHAP. 273. AN ACT to authorize the village of Fredonia to incur indebtedness, and to issue bonds for the erection of a village hall. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, May 9, 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. For the purpose of erecting a village hall for the use and benefit of the village of Fredonia, upon the site now owned by said village, upon Temple street, and known as the Academy lot, the board of trustees of said village are hereby authorized to borrow upon the credit of the village, from time to time, a sum not exceeding thirty thousand dollars upon such terms of credit, not exceeding Rate of in- thirty years, and at a rate of interest not exceeding five per cent per annum, and to secure payment of said loan said trustees are authorable. ized to make, execute and deliver bonds, certificates, or other obligations, which shall be signed by the president of said village, and by the clerk thereof, and to which the corporate seal of said village shall be affixed, and which bonds, certificates or obligations shall be made when pay- payable in such respective amounts and at such respective times as such trustees shall deem best, and said bonds, certificates or obligations, and interest thereon shall be a liability against said village, and the credit of said village is pledged for the payment of the same. The said money so borrowed, shall be appropriated by said trustees for the pended for expense of erecting said village hall, and for no other purpose. No bonds, certificates, or obligations created or issued under this act shall be disposed of by or for said village for less than their par value. No such bonds, certificates of indebtedness, or obligations, shall be issued under this act until the plans and specifications for the construction Limitation of said hall shall have been made, and until the said board of trustees of outlay. are satisfied and shall declare by resolution that said structure can be completed at an expense not exceeding the sum of thirty thousand dollars. able. Avails to be ex village hall. Bonds to upon action of Special election or written consent therefor § 2. Before the board of trustees shall issue the bonds, or other issue only securities, provided for in this act, they shall have the approval of favorable such issue manifested by a majority of the taxable inhabitants of said tax payers. village as they are named on the last assessment-roll completed for said village. Such approval may be obtained by a majority of those who vote voting ballots in the affirmative on the question of such au issue, at a special election called by the trustees, after at least two weeks notice of the same, published in the village papers, or by obtaining the written consent of a majority of such tax payers, which consents shall be proved or acknowledged in the same manner as conIf consent, veyances of real estate are proved or acknowledged. The fact that a majority of said tax payers have given their consent shall be proved by the affidavit in writing, of the clerk of said village, and said affidavit shall be indorsed upon or annexed to said written consents, and said consents and affidavit shall be filed in the office of the clerk of the village of Fredonia. The board of trustees of the village of Freto deter donia are hereby appointed as a tribunal to determine the fact whether action of such consents of a majority have been obtained, either by written consents, or by the vote of a majority, voting at a special election. how proved. Trustees mine as to tax pay ers. how re called under the provisions of this act, and the determination of such board, by resolution entered upon the minutes of said board, or a certified copy thereof shall be admitted in evidence in all courts of this State, and shall be conclusive evidence of the facts therein contained in such courts, and before such judge or justice. Except that within Decision, thirty days after the filing of the affidavit in the office of the village viewed by clerk, as above provided, and the determination of said board, any certiorari. tax payer of said village, upon giving full security for costs, shall be entitled to a writ of certiorari to review the determination of said board, and during such thirty days, and pending a review by certiorari, as herein provided, said bonds shall not be issued, nor in case said determination of said board shall be finally reversed. of interest. § 3. It shall be the duty of the board of trustees of tne village of Tax to Fredonia, and they are hereby directed and empowered to cause the ment payamount necessary to pay any indebtedness incurred for the erection of bonds and said hall under this act, and the interest thereon, to be assessed, levied and collected from the taxable property of said village at the same time and in the same manner as other expenses of said village are assessed, levied and collected, and the same shall be paid over to the treasurer of said village to be applied to the payment of such indebtedness. security by § 4. The treasurer of the village of Fredonia before receiving any Additional of the securities authorized to be issued or given under this act, or village any moneys raised by tax, or otherwise, under its provisions, shall treasurer. give such additional security to pay over all the moneys so received, as such board of trustees may require. § 5. This act shall take effect immediately. CHAP. 274. AN ACT to provide for the completion of a reservoir on the Black river above Forestport pond in Oneida county, and making an appropriation therefor. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, May 9, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate ané Assembly, do enact as follows: tendent of SECTION 1. The Superintendent of Public Works is hereby author- Duty of ized and directed to complete the construction of a reservoir on the SuperinBlack river above Forestport pond, in Oneida county, for the purpose Public of storing water for canal purposes. Works. § 2. The sum of forty-five thousand dollars, or so much thereof as is Appronecessary, is hereby appropriated out of any moneys in the treasury, priation. not otherwise appropriated, in addition to the sum appropriated by expended. chapter four hundred and fifty-two of the laws of one thousand eight hundred and eighty-three for the purpose of constructing a reservoir, by building a dam, not more than twenty feet in height, on the Black river, above Forestport pond, at Forestport, Oneida county. Said moneys shall be paid, on the warrant of the Comptroller, to the Superintendent of Public Works for the purpose of carrying out the provisions. of the first section of this act. Proposals for work, by contract. When to be completed. Removal § 3. The Superintendent of Public Works is hereby directed to advertise for sealed proposals for the completion of said works, for three weeks, in two daily newspapers published each in the cities of Albany and Utica, one of which shall be the State paper. And said work shall be let by contract, to the lowest responsible bidder, and shall be completed on or before October fifteenth, one thousand eight hundred and eighty-nine. Said Superintendent shall on or before the first day of of certain August, one thousand eight hundred and eighty-nine, remove the gate in the dams of second Bisby lake in Herkimer county and the gate in the dam of White lake, Oneida county, and no gate shall hereafter be placed in the dams of said lakes. Said dams shall be abandoned on or before said date and said lakes shall not thereafter be dammed for the purpose of supplying water to the canals. 84. This act shall take effect immediately. gates. Abandonment of dams. Water commis 66 water CHAP. 275. AN ACT to amend "An act in relation to the Troy water-works passed March ninth one thousand eight hundred and fifty-five." BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, May 9, 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. Section two of an act entitled "An act in relation to the Troy water-works," passed March ninth, one thousand eight hundred and fifty-five, is hereby amended so as to read as follows: § 2. The said commissioners with the assent of the common council stoners, to of said city, shall establish rates of annual rents to be charged and paid establish annually, for the supply of water, or for the benefits resulting thererents. from, to be called "water rents," and apportioned to the different. classes of buildings in said city, in reference to their dimensions, and ordinary uses of water for the same, and to vacant lots, as near as may be practicable, and from time to time to alter, modify and amend, and increase or diminish such rate, and to extend them to other descriptions of buildings, lots, establishments and uses. Special rents for hotels, factories, etc. Regular rents, how § 2. Section three of said act is hereby amended so as to read as follows: § 3. Hotels, factories, stables and other buildings, establishments, trades and uses, which consume water beyond the quantity required for ordinary and common purposes, as specified in the foregoing second section, shall pay therefor to the water commissioners for the use of water in addition to the rents established by the scale aforesaid such sum as the said commissioners shall direct, before any permit to use such extra quantity of water shall be given. Such regular water rents collected. shall be collected from the owners of all such lots, and all such buildings, shall be situated upon lots adjoining any street or avenue in said city, in which the distributing pipes are now, or may hereafter be laid, be a lien. and from which such lots and buildings can be supplied with water, and such regular rents and all amounts due and unpaid for the introduction and measurement of the supply shall be, like the other city taxes of said city, a lien and charge upon such buildings and lots as herein provided. All special rates for the use of water in said city Unpaid rents, to |