gage bonds. Line Railway Company the first mortgage bonds of said company first mortwhich were issued to said city pursuant to the provisions of chapter for bond one hundred and eighty-five of the laws of eighteen hundred and mortgage seventy-two, entitled "An act to authorize the city of Rochester to issue its bonds in aid of the Rochester and State Line Railway Company, and to take bonds of that company therefor," passed April sixth, eighteen hundred and seventy-two, for an equal amount of the second mortgage bonds of said company, provided that the first and second mortgage bonds issued, or to be issued, shall not exceed the sum of twenty-five thousand dollars for each mile in length of the said railway as located from Rochester to Salamanca, whenever a guaranty is given by the directors of the Rochester and State Line Railroad Company, to be approved by the mayor of the city of Rochester, that said railroad shall be ready for operation by January first, eighteen hundred and seventy-seven. corpora § 2. The commissioners, or a majority of them, representing any other municipal corporation within this State, holding the bonds of the municipa Rochester and State Line Railway Company, in exchange for the bonds tions. of such municipal corporation, pursuant to the provisions of chapter nine hundred and seven of the laws of eighteen hundred and sixtynine, entitled "An act to amend an act entitled 'An act to authorize the formation of railroad corporations and to regulate the same,' passed April second, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of railroads," passed May eighteen, eighteen hundred and sixty-nine, and the several acts amendatory thereof, or supplementary thereto, are hereby authorized and empowered to exchange with said railway company its bonds so held by said commissioners for the second mortgage bonds of said company to an equal amount, whenever a guaranty is given by the directors of the Rochester and State Line Railroad Company, to be approved by said commissioners, or a majority of them, that said railroad shall be ready for operation by January first, eighteen hundred and seventy seven. § 3. This act shall take effect immediately. CHAP. 175. AN ACT to regulate the sale of baled hay and straw in the PASSED April 26, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: to bale. SECTION 1. It shall not be lawful for any person in the State of New Amount York to sell, or offer for sale, baled hay or straw, with more than twenty of wood pounds of wood to the bale, the weight of which is two hundred pounds or upward, or more than ten pounds of wood for bales weighing less than two hundred pounds. § 2. The gross weight shall be plainly marked on each bale of hay or Weight to straw, and no person shall sell, or offer for sale, such hay or straw so be marked marked which shall weigh less than such gross weight after deducting five pounds from each bale for shrinkage. on bale. Penalty. § 3. Any person or persons, violating the provisions of the preceding sections, or either of them, shall be deemed guilty of a misdemeanor or criminal offense, which shall be prosecuted according to the ordinary course of procedure in criminal accusations before any justice of the peace of the town, or before any magistrate of the city in which such person or persons shall make the sale or deliver the same; and upon conviction thereof shall be punished by a fine, not exceeding three dollars, for each and every bale so sold, and the costs of the proceedings, and stand committed until said fine is paid. § 4. This act shall take effect immediately. See L. 1860, ch. 155; ante, vol. 3, p. 671. Incorporation of musical colleges and schools. Powers and privileges of согрогаtion. May take and hold property. CHAP. 176. AN ACT relative to the incorporation of musical colleges, schools and academies. PASSED April 27, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Any citizens not less than ten in number, of whom a majority shall be inhabitants of this State, who may desire to found and endow a musical college, school or academy within this State for the education of persons in the lower and higher branches of music may make, sign and acknowledge before some officer authorized to take the acknowledgment of deeds, a certificate in writing in which shall be stated the corporate name of the proposed institution, the names of the persons proposed for the first trustees, not less than seven, the object of said corporation, and the name of the city or town in which it is proposed to locate the same, and shall file such certificate in the office of the county clerk of the county in which such corporation is located, and in the office of the Secretary of State. Such corporation may hold and possess real and personal property to the amount of two millions of dollars. § 2. Every institution incorporated under this act shall have all the powers and privileges and be subject to the provisions, liabilities and restrictions of the third title of the eighteenth chapter of the first part of the Revised Statutes, so far as the same are applicable. The trustees of every college or academy incorporated pursuant to this act shall have power to grant and confer diplomas and the degree of doctor of music. §3. Any corporation formed under this act shall be capable of taking, holding or receiving any property, real or personal, by virtue of any devise or bequest contained in any last will or testament of any person whomsoever, the clear annual income of which devise or bequest at the time the same is made shall not exceed the sum of two hundred thousand dollars, subject to all the provisions of law relating to devises and bequests by last will and testament. § 4. This act shall take effect immediately. CHAP. 180. AN ACT creating a board of town auditors in the several towns of this State and to prescribe their powers and duties. PASSED April 29, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly do enact as follows: Board of auditors. SECTION 1. In addition to the officers now authorized by law to be elected at town meetings, there shall be chosen in the manner herein- town after provided in each of the towns of this State, at the next annual town meeting held after the passage of this act, and annually thereafter, three town auditors, whose term of office shall continue during one year after their election, and who shall form the board of town auditors of the town for which they are elected. § 2. All the powers conferred by law upon boards of town auditors, Powers and all duties required by law to be performed by such boards, are con- and duties. ferred upon and shall be required of the town auditors elected or appointed under and pursuant to this act. All bills and claims must be presented on the first day of their session. town §3. Such town auditors shall be voted for upon the same ballots as Manner of other town officers, and the ballots received and canvassed, and their voting for election certified, excepting, however, that only two of such auditors auditors. shall be voted for on each ballot, and the two persons having the highest number of votes shall be declared elected as two of such auditors, and the person having the next highest number of votes shall be appointed by the presiding officers of such town meeting, or in case the election is held in election districts, by the supervisor and justice of the peace of such town or a majority of them, as the other of such auditors. §4. No person shall be elected or appointed as such town auditor, or shall Qualificahold office as such, unless he is a freeholder of the town for which he shall be tions. elected or appointed, and no person so elected or appointed shall hold any other office in such town during the term for which he is elected or appointed; and if he shall accept an election or appointment to any other office in such town, he shall immediately cease to be a town auditor, and the vacancy in his office shall be supplied in the manner hereinafter required. § 5. Each of such town auditors shall be entitled to and shall receive for his Compenservices three dollars per day for each day not exceeding three, actually employed sation. by him in the performance of the duties of his office. In case of any vacancy Vacancies. occurring in the board of town auditors, by the death or removal from the town of any or either of such auditors, or by his neglect or refusal to accept such office, the supervisor of the town in which such vacancy occurs may appoint some suitable and competent person to fill such vacancy until the next annual town meeting thereafter. § 6. This act shall take effect immediately. The following named counties and towns have been "exempted from the provisions and operations" of the above act, viz.: By ch. 99, L. 1877 (as amended by ch. 179, L. 1879), "the counties of Suffolk (except the town of Islip), Onondaga, Saratoga (except the town of Saratoga Springs), Ontario, Yates, Rensselaer, Genesee, Schenectady, Monroe, Livingston, Otsego, Schoharie (except the town of Schoharie), Niagara and Orleans." By ch. 358, L. 1878, "the counties of Wayne, Delaware, Allegany, Oneida, Cayuga, Erie, St. Lawrence, Schuyler, Rockland, Orange, Sullivan and Broome." By ch. 21, L. 1879, the counties of Lewis, Madison (excepting the town of Lenox), Wyoming, Queens and Jefferson (except the towns of Le Roy, Watertown and Wilna, and the town of Thurman, county of Warren)." By ch. 399, L. 1879, "the towns of Afton and Plymouth, in the county of Chenango." By ch. 24, L. 1880, "the county of Oswego (except the towns of Mexico, Richland and Sandy Creek)" By ch. 107, L. 1-80, "the towns of Guilford and Greene, Chenango county." By ch. 314, L. 1880, "Fulton county." By ch. 75, L. 1880, "the town of Scipio, in the county of Cayuga," was, "in all things, made subject to the provisions and operations" of the above act; and by ch. 236, L. 1880, a board of town auditors was created in the town of Newtown, Queens county. Board of water com CHAP. 181. AN ACT to authorize the villages of the State of New York to furnish pure and wholesome water to the inhabitants thereof. PASSED April 29, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The authorities of any incorporated village in this State missioners may hereafter organize into a board of water commissioners in the manner by this act provided. Who may Amended § 2. For the purposes of this act, said authorities are hereby defined organize to be, in villages, the board of trustees thereof. The terms of office of said commissioners shall respectively continue for the terms for which Said authorities shall be, or shall have been, respectively elected. by ch. 86, Laws 1879. post, p. 702. How to organize. Rules. Treasur er's bond. Duties. May pur § 3. Whenever a majority of said authorities, in a village, shall deem it advisable to organize as a board of water commissioners, they shall certify the same in writing to the clerk of the village, who shall thereupon and within five days thereafter, notify said authorities, in 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 president of the board. They shall also elect from their number a secretary and treasurer. Said 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 faithful performance of the duties of his office in such amount as may be determined by the board of commissioners, to be appointed by said commissioners. § 4. It shall be the duty of the commissioners to examine and consider all matters relating to supplying the village with pure and 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 procuring such supply of water, and which shall embrace proper distribution pipes and supplies for all streets and places where, in their opinion, it shall be of interest to the village, and shall ascertain the probable amount of money necessary to carry the same into effect; and for that purpose they shall have chase land. 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, rights or privileges whatever, and situate at any place within the county in which said village may be situated, which may be required for the purpose, and to contract for the execution of the work, or any part thereof, or the supply of any necessary material; and the commissioners, and their agents and employees, are authorized 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, Survey of upon application by any three taxable inhabitants of the village. lands to be § 5. Before entering, taking or using any land for the purpose of this Amended act, the said water commissioners shall cause a survey and map to be made of the lands intended to be taken or entered upon for any of said taken. 1879, ch. 228. purposes, by and on which the land of each owner or occupant shall be designated, which map shall be signed by the president of said water commissioners and their secretary, and be filed in the office of the county clerk of the county in which the said lands are situated; said water commissioners, by any of their officers, agents or servants, may enter upon any lands for the purpose of making such survey or map. acquire § 6. In all cases where the said water commissioners shall be unable Proceed to agree with the persons owning or having an interest in any lands, ings to tenements or hereditaments required for the purposes of this act, the titles to Supreme Court, at any special term thereof, held in the judicial dis- lands. trict in which said lands are situated, shall on application of said water commissioners, after ten days' written notice personally served on such person, or where such notice cannot be personally served within the State, or such persons are infants, or otherwise incapacitated from receiving personal notice, then by service in such manner as the said court shall direct, appoint three disinterested citizens of the county in which the said lands are situated, who shall be freeholders, as commissioners of assessments, to determine the damage sustained by each of such persons, by reason of the taking or use of his or her lands, tenements or hereditaments for the purpose of this act. Such commissioners of assessment shall take the oath required by the Constitution, and shall personally examine each parcel of land or other property proposed to be taken or used, and shall estimate and report to said court, at any term thereof held in the said judicial district, the several sums which will be a just compensation to such owners or persons interested, respectively, for the appropriation to the purposes of this act, of any property, rights or privilèges that may be so required, or for the title or use of any such property. Such commissioners of assessment may examine witnesses upon hearings before them, and all evidence so taken shall accompany their report. Ten days' notice in writing of the time and place of the presentation of said report shall be given to the parties interested. On the presentation of said report, the said court may confirm or amend the same, or appoint new commissioners, who shall proceed in like manner with the first commissioners, and whose report shall be final, and shall be confirmed by said court. Said commissioners of assessment shall receive, from the said water commissioners, the sum of three dollars per day, each, for each day employed by them in performance of their duties as above stated, together with the amount which said commissioners of assessment shall certify as correct, in their said report, for incidental expenses connected with their work, including the preparation of their report. seized of § 7. Whenever any report of commissioners of assessment shall have when been confirmed by said Supreme Court, the said water commissioners become may deposit as said court may direct, or pay to said owner or to such property. ⚫ person or persons as the court may direct, the sum mentioned in the said report in full compensation for the property so required; and thereupon the said village shall become seized in fee of the property so required, and said commissioners and said village shall be discharged from all claim by reason of any such appropriation or use. borrow § 8. The said commissioners shall have power, and it shall be their Commis duty to borrow from time to time upon the credit of the village, a sum ioners te not exceeding ten per cent of the assessed value of the real and personal money. estate of the valuation of the village as shall appear by the then last assessment roll, upon such term of credit not exceeding thirty years, and at rate of interest not exceeding seven per cent per annum, as shall seem to them for the best interests of said village; and to secure the |