Surveys. Purchase of pay the amount of said bonds and interest thereon and the moneys thus raised shall be appropriated for the payment of said bonds, and for no other purpose. $3. This act shall take effect immediately. Chap. 88. AN ACT to authorize the Common Council of the city of Newburgh to enlarge, alter and improve the water-works of said city, and to acquire the title to lands, lakes, ponds, springs and strean.s of water, and to raise money upon the bonds of the said city therefor. Passed March 16, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The common council of the city of Newburgh are hereby authorized, by themselves or the water commissioners of said city, or their authorized agents or employés, to enter upon any land or water for the purpose of making surveys, and to agree with the owner or owners of any lands, lakes, ponds, springs or streams of water, or other property which may be required for the enlargement, alteration or improvement of the water-works of said city, springs, &c. and that may be necessary to supply said city with pure and wholesome water, or which may be injuriously affected by any operations connected with such enlargement, alteration or improvement, as to the amount of compensation to be paid to such owner or owners; or said common council, or said water commissioners, under the direction of the common council, may make agreement with any owner or owners of land, for the purchase thereof, or any easement in any lands, or for the taking of any water; and any acquisition of land, or right therein, or of any water, shall be held by the city of Newburgh for the purposes of said water-works. $ 2. In case of disagreement between said water commissioners and the owner or owners of any Action to be taken in greement between commis owners of lands, lakes, ponds, springs or streams of water, or other property, which may now or hereafter be case of disa required for the enlargement, alteration or improvement of said water-works, or which may hereafter sioners and be or which has heretofore been injuriously affected springs. by any of the operations connected with the construction, enlargement, alteration or improvement of said water-works, as to the amount of compensation to be paid to such owner or owners; or in case any such owner shall be an infant, or married woman, or insane, or absent from the State, or the owner of an uncertain or contingent interest, the supreme court, at any general or special term thereof, in the second judicial district, shall, on the application of either party, after ten days' personal notice in writing, or when such notice cannot be served within this State, after three weeks' notice of such application, published in two of the newspapers published in the city of Newburgh, nominate and appoint three disinterested persons commissioners to examine such property, who, upon being duly sworn faithfully and impartially to perform their duties, shall estimate and report to the said court the Report of several sums which shall be a just compensation to sioners. such owners for the appropriation to the purposes of this act, for the water-works aforesaid, of any lands or property or easements therein, or of any lakes, ponds, springs or streams of water, or interest or estate therein, which may be required for the enlargement, alteration, improvement or better management of said water-works, or which may be injuriously affected by any operation connected therewith; and the said commissioners, before proceeding to make such estimate, shall publish a notice once in each week for two weeks successively, in a newspaper published in the city of Newburgh, stating a time when, and a place where, they will meet to perform their said duties; at such time and place, they are authorized and required to take and hear such proofs and allegations as may be offered by any of the said owners, showing in what manner and to what extent they will sustain injury by reason of such appropriation; and the said commissioners may commis Confirma tion of report. Aqueducts and reservoirs, &c. adjourn from time to time, as may be necessary to enable them to take such proofs. $ 3. Whenever such report shall have been confirmed by the supreme court, either at general or special term, in the second judicial district, upon a notice of eight days, in writing, of the motion to confirm the same, served upon the attorney or attorneys of the several parties who shall have appeared by attorney upon the hearing before said commissioners, the said common council may deposit as the said court may direct, or pay to the said owner or owners, or to such person or persons as the said court may direct, the sum mentioned in said report in full satisfaction for all damages sustained by such owner or owners, or such person or persons, and in full compensation for the property required for the purposes of this act, and of chapter one hundred and nineteen of the Laws of eighteen hundred and fifty-two, and of chapter twelve of the Laws of eighteen hundred and fifty-three, and of chapter five hundred and forty-nine of the Laws of eighteen hundred and fifty-three, and of chapter three hundred and eighty of the Laws of eighteen hundred and sixty, relating to a supply of water in the village of Newburgh. S 4. The authority of this act, conferred upon the common council of the city of Newburgh, and on the water commissioners of said city, to enlarge, alter and improve the water-works of said city, is hereby declared to include the authority to construct such additional aqueducts and reservoirs, and to lay such additional mains and other distributing pipes in connection with said water-works, and to acquire the title to such lands, water and other property necessary thereto, as the board of water commissioners of said city shall, from time to time, certify to said common council to be necessary for the purpose of supplying the city of Newburgh with pure and wholesome water, or for the extinguishment of fires therein. $5. In case the water commissioners of said city shall at any time deem that the interests of said city call for and require the expenditure of money, cil may order spec ment of at election. exceeding the sum of ten thousand dollars, in enlarg- when couning, altering and improving the water-works of said city, or for any of the purposes of this act, before on enlargeany such enlargement or improvement shall be works. entered upon, or any contract or purchase relating thereto shall be made, the said water commissioners shall make a statement thereof under their hands, stating the nature of the enlargement, alteration or improvement required, and the probable cost thereof, to the best of their judgment; and they shall deliver such statement to the common council, and it shall thereupon be the duty of the common council to cause a notice to be published and a special election to be held in the manner provided by the twentyfirst section of the fifth title of the act entitled "An act to incorporate the city of Newburgh," passed April twenty-second, eighteen hundred and sixtyfive, as amended by the act of March ninth, eighteen hundred and sixty-six, at which special election the Proceedings persons voting thereat, shall designate on their ballots whether they vote for or against the improvement recommended by said water commissioners, and which election shall be conducted and the result thereof certified in all respects as provided in said twenty-first section; and if it shall appear from the certificate of the inspectors of such election, filed as therein required, that a majority of the votes cast at such special election were given in favor of making such improvement, it shall thereupon become the duty of the common council to provide for raising the funds necessary for that purpose, in the manner provided by the seventh section of this act. The said common council shall thereupon proceed to procure, in the manner herein before provided, the title to the lands or easements therein, and to the lakes, ponds, springs, streams of water or other property required by said improvement, and the said water commissioners shall thereupon proceed to cause such improvement to be made under their inspection and control, and shall draw the necessary funds for the same by their drafts on the city treasurer, payable out of the moneys raised, or to be raised, as hereinafter provided. The said water commissioners shall, Duties of case voters enlarge council in decide for ment, &c., of works. as soon as such improvement is completed, make a report thereof to the common council, giving a detailed account of their proceedings, and of the expenditures made by them. $6. In case the water commissioners of said city, shall at any time deem that the interests of said city call for and require the expenditure of money, not exceeding the sum of ten thousand dollars in the aggregate, in enlarging, altering or improving the water-works of said city, or for any of the purposes of this act, they shall make a statement thereof under their hands, stating the nature of the enlargement, alteration or improvement, and the probable cost thereof, and they shall deliver such statement to the common council, and thereupon the common council may, if it thinks proper, proceed in the manner hereinbefore provided to procure the title to such lands and easements therein, and water and other property required by such improvement, and to raise by loan upon the bonds of the city of Newburgh as provided by this act the money necessary for that purpose, and thereupon the said water commissioners shall proceed to cause such improvement to be made under their inspection and control, and shall draw the necessary funds for the same, by their drafts upon the city treasurer, payable out of the moneys raised or to be raised for that purpose. The said water commissioners shall, as soon as such improvement is completed, make a report thereof to the common council, giving a detailed account of their proceedings, and of the expenditures made by them. S 7. It shall be lawful for the common council of the city of Newburgh, to raise by loan, from time to time upon the bonds of the city of Newburgh, and in such amounts as occasion may require, a sum not exceeding two hundred thousand dollars, for the purposes of this act, which shall bear an interest, payable half yearly, not exceeding seven per centum per annum; and the bonds so issued shall constitute a part of the water debt of the city of Newburgh, if a majority of the electors shall vote in favor of such expenditure as provided by the fifth section of this act; and such bonds shall not be sold at less than |