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division of the state it shall state the same in writing and sign the same and cause its official seal to be affixed thereto and file the same, together with all plans, maps, surveys and other papers or records relating thereto in its office. The decision of the commission and its action on any application may be reviewed by certiorari proceedings. The expense of any such hearing and determination by the commission shall be certified by said commission to the municipal corporation or other civil division of the state making such application and shall be paid by said municipal corporation or other civil division of the state to the state treasurer within thirty days thereafter.

§ 4. Said commission shall have power to subpoena and require the attendance in this state of witnesses and the production by them of books and papers pertinent to the investigation and inquiries authorized and to examine them and such public records as it shall require in relation thereto. And for the purposes of the examinations authorized by this act, the commission shall possess all the powers conferred by the legislative law upon a committee of the legislature or by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses and the production by them of books and papers as aforesaid.

$ 5. The commission shall have an official seal. The term of each member of the commission shall be five years, except that the members of said commission first appointed shall hold office respectively one for one year, one for two years, one for three years, one for four years and one for five years, and as the term of each commissioner expires or otherwise becomes vacant his successor shall be appointed in the manner hereinbefore provided for the appointment of the original commissioners. The members of the commission shall not receive a salary, but shall be paid their necessary and reasonable expenses actually incurred in the prosecution of their duties, and may also receive a just and reasonable compensation, subject to the approval of the governor, for the time actually employed by them in the work of the commission. The commission is hereby authorized and empowered to employ a secretary and such engineers, stenographers, clerks and other subordinates as the duties imposed upon them by this act may require, and to fix and pay the reasonable salaries and expenses of such officers, and of all other subordinates for the purpose of proceedings by them under this act, subject to the approval of the governor.

§ 6. In addition to the powers and duties heretofore conferred upon it, said commission shall immediately after its appointment proceed to make an investigation and report to the legislature as part of its first annual report hereinafter provided for, concerning the available sources of water supply in this state, the respective purity and quantity of each source of supply and the availability of each to be used for localities other than those immediately adjacent thereto. Said commission shall also investigate and report at said time the present water supply of each municipal corporation and other civil divisions of the state to ascertain the present and future needs of each of said municipal corporations and other civil divisions of the state, and the supply therefor, and the purity of each of said supplies. Said commission shall also report the present dispositions of sewerage of each municipal corporation and other civil division of the state, and, if necessary, of adjoining states, with special reference to said disposition affecting the various municipal corporations and other civil divisions of the state in relation to the water supply of this state. Said commission shall also report the advisability of, the time required for and the expenses incident to, the construction of a state system of water supply and for a state system for the disposition of sewerage, if necessary, for all or any of the municipal corporations and other civil divisions of this state, and make such recommendations connected with the subjects of said investigations herein provided for as said commission shall determine. In said investigation concerning either the water supply or disposition of sewerage, said commission shall, so far as possible, make use of all reports and surveys in regard thereto which have heretofore been made. For the purposes of such

investigations as are provided for in this section said commission shall have all the powers and authority conferred by section four hereof.

§ 7. The commission shall annually, on or before the first day of February in each year, submit a written report of its proceedings during the preceding year to the legislature.

$ 8. Nothing herein contained shall in any way affect the acquiring of lands by the aqueduct commissioners of The City of New York under the provisions of chapter four hundred and ninety of the laws of eighteen hundred and eighty-three as heretofore amended.

§ 9. The sum of forty thousand dollars or so much thereof as may be necessary is hereby appropriated out of any moneys in the treasury, not otherwise appropriated, to be paid by the state treasurer upon the warrant of the comptroller for the purposes of this act.

§ 10. All other acts and parts of acts inconsistent with this act are hereby repealed.



CHAP. 675, LAWS OF 1881. AN ACT to facilitate the payment of school taxes by railroad

companies. Duty of school collector to deliver to county treasurer certain

statement; duty of county treasurer in the premises. SECTION 1. It shall be the duty of the school collector in each school district in this state, except in the counties of New York, Kings and Cattaraugus, within five days after the receipt by such collector of any and every tax or assessment-roll of his district, to prepare and deliver to the county treasurer of the county in which such district, or the greater part thereof, is situated, a statement showing the name of each railroad company appearing in said roll, the assessment against each of said companies for real and personal property respectively, and the tax against each of said companies. It shall thereupon be the duty of such county treasurer, immediately after the receipt by him of such statement from such school collector, to notify the ticket agent of any such railroad company assessed for taxes at the station nearest to the office of such county treasurer, person. ally or by mail, of the fact that such statement has been filed with him by such collector, at the same time specifying the amount of tax to be paid by such railroad company.

Thus amended, Laws of 1885, Chap. 533.
Time in which tax may be paid with one per cent. fees.

§ 2. Any railroad company heretofore organized, or which may hereafter be organized, under the laws of this state, may within thirty days after the receipt of such statement by such county treasurer, pay the amount of tax so levied or assessed against it in such district and in such statement mentioned and contained with one per centum fees thereon, to such county treasurer, who is hereby authorized and directed to receive such amount and to give proper receipt therefor.

If tax not paid within thirty days, duty of collector to collect;


§ 3. In case any railroad company shall fail to pay such tax within said thirty days, it shall be the duty of such county treasurer to notify the collector of the school district in which such delinquent railroad company is assessed, of its failure to pay said tax, and upon receipt of such notice it shall be the duty of such collector to collect such unpaid tax in the manner now provided by law, together with five per centum fees thereon; but no school collector shall collect by distress and sale any tax levied or assessed in his district upon the property of any railroad company until the receipt by him of such notice from the county treasurer.

Tax to be placed to credit of school district, paid to collector on

demand, fees to go to collector on demand. § 4. The several amounts of tax received by any county treasurer in this state, under the provisions of this act, of and from railroad companies shall be by such county treasurer placed to the credit of the school district for or on account of which the same was levied or assessed, and on demand paid over to the school collector thereof, and the one per centum fees received therewith shall be placed to the credit of, and on demand paid to, the school collector of such school district.

Tax may be paid to collector direct.

§ 5. Nothing in this act contained shall be construed to hinder, prevent or prohibit any railroad company from paying its school tax to the school collector direct, as now provided by law.

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