minutes, when so taken and when certified by the stenographer Chap. 391. AN ACT to provide a water supply for the town of Waterford, Became a law April 15, 1912, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: missioners, ment and Section 1. Within thirty days after this act becomes a law or water comas soon thereafter as possible, the supervisor of the town of Water- appointford, Saratoga county, New York, shall appoint five men from terms. the electors assessed on the last preceding assessment roll of said town to constitute a board of water commissioners in and for the town of Waterford, Saratoga county, New York, and they shall hold their office for the term of two years and until their successors are chosen. ment of ac quisition of private system, authorized. They are hereby empowered and directed when authorized by a Establishspecial election as hereinafter provided to establish a system of water works water works for supplying said town and its inhabitants with anton water, or to purchase or acquire and improve the existing private system therein and to manage, operate and maintain the same. The said persons so appointed while acting as such commissioners shall hold no other town office in said town; they shall be a sioners body corporate and shall be known as the "water commissioners other of of the town of Waterford," in which name they may sue and be body corsued in any court of competent jurisdiction. Commis not to hold fice; to porate. Oath of § 2. Each of said persons and their successors shall, within thirty days after the passage of this act, before entering upon the duties office. of his office take and file with the clerk of the town of Waterford, the constitutional oath of office required by law.1 1 See constitution, art. 13, § 1; public officers law (L. 1909, ch. 51), § 10. be § 3. Vacancies and appointment of commissioners. Death, resignation, refusal to act, failure to take and file the constitutional oath of office as above required or removal from said town of any member of said board shall constitute a vacancy in the office of such water commissioner. It shall be the duty of the secretary of said board on the occurrence of such vacancy to forthwith notify the supervisor of said town thereof. In case of the failure or neglect of the secretary so to do, the president thereof may give such notice. Such vacancy shall thereupon be filled by the appointment of a successor from the electors assessed on the last preceding assessment roll of said town by the supervisor within fifteen days after he shall receive notice thereof. Within sixty days after the first meeting of the board of water commissioners they shall determine by lot the order in which they shall respectively retire from office and make a record thereof on their minutes and cause a copy thereof to be filed in the town clerk's office. In the month of August in the year nineteen hundred and fourteen and of each year thereafter, the supervisor of the town of Waterford shall file in the town clerk's office of said town an appointment from the electors assessed on the last preceding assessment roll of said town of one water commissioner to hold his office for the term of five years from the first day of January next ensuing. The commissioner so appointed whose term shall begin on the first day of January, nineteen hundred and fifteen, shall succeed the first retiring commissioner as herein provided. The commissioner so appointed whose term shall begin on the first day of January, nineteen hundred and sixteen, shall succeed the second retir ing commissioner as herein provided. The commissioner so appointed whose term shall begin on the first day of January, nineteen hundred and seventeen, shall succeed the third retiring commissioner as herein provided. The commissioner so appointed whose term shall begin on the first day of January, nineteen hundred and eighteen, shall succeed the fourth retiring commissioner as herein provided, and the commissioner so appointed whose term shall begin on the first day of January, nineteen hundred and nineteen, shall succeed the fifth retiring commissioner as herein provided. § 4. Organization of board. Within thirty days after passage of this act, the said commissioners shall meet in the town of Water ford and elect from their number a president and secretary and a treasurer. The water commissioners of the town of Waterford may appoint at their discretion a deputy treasurer from the electorate of the town of Waterford, Saratoga county, New York, who shall not be a member of such board, but who shall act as an assistant to the treasurer and who shall execute a bond in favor of the treasurer for the faithful discharge of his duties as such deputy treasurer and to account for all moneys coming to him as such deputy in such penal sum and form and with such surety as the said board of water commissioners shall direct and approve. The officers so elected shall all hold office during the pleasure of said board; and the treasurer shall execute a bond to the town of Waterford for the faithful discharge of his duties as such and to account for all moneys coming to him as such treasurer, in such penal sum and form and with such sureties as the said board of water commissioners shall direct and approve. The said commissioners shall not receive any compensation for their services as such, but the treasurer shall receive such compensation as may be fixed by the said commissioners, approved in writing by the supervisor of said town, a record of which shall be made upon the minutes of the said board by their secretary, unless a deputy is chosen as above provided, in which case the treasurer shall not receive any compensation, but the deputy shall receive such compensation as may be fixed by the said commissioners and approved in writing by the supervisor of said town, a record of which shall be made upon the minutes of the said board by their secretary. A meeting of the majority of said commissioners shall be necessary for the transaction of any business. All of said commissioners shall have due notice of meetings of such board. Such meetings shall be public and the secretary shall duly record all the proceedings thereof. Said commissioners shall adopt by-laws, not inconsistent with law, for their government and guidance, and shall at pleasure alter and amend the same. ings. § 5. Said board of water commissioners may enter into and exe- Undertakcute such proper and necessary undertaking or bonds of indemnity as shall be lawfully imposed or required of them in executing and carrying out the provisions of this act. 6. Special election for the adoption of a water works system. Within six months after the passage of this act, and at any time thereafter, not to exceed twice in any one year said water commissioners shall certify in writing the nature of the water works system they propose to adopt and the estimated cost thereof, which said certificate shall be filed in the office of the town clerk of said town. Within ten days after the said certificate shall be filed, the town clerk shall give notice of a special election to vote upon the question of adopting the plan so proposed by said commissioners. Said notice of such election shall be given by posting not less than twelve printed notices in conspicuous places in said town, not less than ten days nor more than twenty days prior to the time of holding the same and by publishing the same notice in all of the newspapers printed in the said town two or more times. In case such newspapers refuse to publish such notice then the same shall be published in one or more other newspapers published within the county of Saratoga. Said election shall be held in the town hall of said town, if available, and if not, at such other place in said town as shall be designated by the said town clerk in such notices, and the polls shall be open from twelve noon until four o'clock in the afternoon or longer if required to accommodate electors attending. At such election every person of full age residing in said town, who shall have been assessed for real or personal property upon the last preceding assessmentroll of said town and who is still the owner thereof, or who shall have subsequently acquired title to real estate in said town and if such real estate shall have been acquired by purchase, and the conveyance thereof shall have been duly recorded, shall be permitted or entitled to vote, except those whose property is exempt from taxation under this act. At such election the inspectors shall be the supervisor, town clerk and one of the justices of the peace of said town to be designated by said supervisor. In case the supervisor or town clerk, or both such supervisor and town clerk, shall fail to or be unable to attend such election, said supervisor may appoint one or more of the justices of the peace of said town to fill such vacancy or vacancies. The ballots to be voted at said election shall contain the words, "for the water works system proposed" or "against the water works system proposed." The said inspectors of such election shall certify the result thereof in writing and the same shall be entered at large in the records of said town by said town clerk and a copy of said record shall be delivered to said commissioners. In case the majority of the ballots cast shall contain the words "for the water works system proposed" the said commissioners shall be authorized to expend said money for said purpose and establish a sys tem of water works as empowered and directed in section one of this act and such money shall be obtained from the sale of the bonds of such town as hereinafter provided. Before calling the special election above provided for said commissioners shall hold a public hearing, on due notice, on the measure which they propose to submit to such special election. 7. Expenses and disbursements of commissioners. All expenses and disbursements made and incurred by the commissioners in carrying out the provisions of the preceding sections, in making necessary plans and investigations and of any condemnation proceedings by them instituted, shall be a town charge when certified and approved by said commissioners. And there shall be levied and assessed by the supervisors of Saratoga county, upon the taxable property of the town of Waterford aforesaid (excepting therefrom lands not benefited as hereinafter exempted from taxation) and collected, such sums of money as the said water commissioners shall from time to time certify to the said board of supervisors to pay the expenses and disbursements so made and incurred and said moneys when collected shall be paid by the collector to the treasurer of said commissioners to be applied to the payment thereof. of proposi § 8. Said board of water commissioners may at any special Submission election herein provided for submit one or more propositions tions. authorized by this act to be voted on. In case more than one proposition shall be so submitted the board may prescribe the form of ballot to be used and the manner of canvassing and declaring the vote thereon in accordance with law. 9. Skilled assistance. The said board shall have authority to provide competent expert, engineering, superintending and inspecting skill in the work herein provided for and to employ counsel whenever necessary and to take all necessary legal proceedings to carry into effect all the provisions of this act. It shall be a misdemeanor punishable by fine or imprisonment, for any member of said commission, or for any employee, expert, engineer, superintendent or inspector employed by them to be in any way or manner interested, directly or indirectly, in furnishing any labor or material for the construction of the work herein provided for or for the operation thereof after completion or acquisition. 10. Purchase or acquisition of existing system. The board of water commissioners may purchase the system of water works existing in the town of Waterford where authorized by a special |