ninety days after the passage of this act, file in the office of the clerk of the county in which said department or company is located, a list containing the names of every person who was a member of the volunteer fire company or department who is entitled to an exemption certificate in accordance with the provisions of this act. Section 3. The county clerk is hereby authorized and directed to sign and deliver the exemption certificates provided for in this act to the persons entitled thereto, whose names appear upon the list filed with him as aforesaid. Section 4. All acts and parts of acts inconsistent with this act are hereby repealed. Section 5. This shall take effect immediately. ARTICLE VIII. WATER. SECTION 220. Contracts for water supply. 222. Acquisition of existing system. 224. Supervision and extension of system. 225. Acquisition of additional water rights. 226. Water pipes in highways outside of village. 228. Ordinances. 229. Establishment of water rents. 230. Assessment for fire protection. 231. Reservoirs. 232. Supplying water outside of corporate limits. 233. Outside extension of mains. 234. Contracts with other municipalities. 235. Annual report of water commissioners. § 220. Contracts for water supply. The board of water commissioners may contract, in the name of the village, with an individual or corporation for supplying water to the village for extinguishing fires or for other public purposes; but such contract shall not be made for a longer period than five years, nor at an expense for each fiscal year exceeding two and a half mills on every dollar of the taxable property of the village as appears on the last preceding village assessment-roll, unless authorized at a village election. The amount of such contract shall be paid in annual installments, commencing with the date of the contract. [L. 1870, ch. 291, tit. IV, § 7; R. S., 9th ed., 2294, without change of substance. The last sentence, providing that the contract price shall be payable annually, is new.] Defective water works. A village is liable for loss by fire, when such a loss resulted through the negligence of the village in maintaining its water works system, as a result of which the loss occurred. (Springfield Fire and Marine Ins. Co. v. Village of Keeseville, 80 Hun, 162.) WATER FURNISHED BY PRIVATE CORPORATIONS. LAWS 1890, CHAPTER 566. "The Transportation Corporations Law," being Chapter XL of the General Laws. SECTION 80. Incorporation. 81. Must supply water; village trustees or city officials may contract for same; tax therefor. 82. Powers. 83. Survey and map. 84. Condemnation of real property. 85. Corporation may contract with other cities, towns or villages; amended certificate. § 80. Incorporation. Seven or more persons may become a corporation for the purpose of supplying water to any of the cities, towns or villages and the inhabitants thereof in this state, by executing, acknowledging and filing a certificate stating the name of the corporation, the amount of its capital stock, the number of shares into which it is to be divided, the location of its principal office, the number of its directors, not less than seven, the names and places of residence of the directors for the first year, the names of the cities, towns and villages which it is proposed to supply with water; that the permit of the authorities of such cities, towns and villages herein required has been granted; the post-office address of each subscriber, and the number of shares he agrees to take in such corporation, the aggre gate of which shall be at least one-tenth of the capital stock, and ten percentum of which shall be paid in cash to the directors. At the time of filing there shall be annexed to the certificate, and as a part thereof, a permit, signed and acknowledged by a majority of the board of trustees of the village, in case an incorporated village is to be supplied with water, and in case a town, or any part thereof, not within an incorporated village is to be so supplied by the supervisor, justice of the peace, town clerk and highway commissioners thereof or a majority of them, and in case a city is to be supplied with water by the board of water commissioners of said city, or by such other board or set of officials as perform the duties of water commissioners and have charge of the water supply for said city, authorizing the formation of such corporation for the purpose of supplying such city, village or town with water, and an affidavit of at least three of the directors that the amount of capital stock herein required has been subscribed and paid in cash. (Thus amended by L. 1892, ch. 617.) Where prior to May 1, 1891, the trustees of several water-works companies had entered into an agreement for consolidation, as authorized by laws then in force, and had called a meeting of the stockholders to ratify the agreement, and served and began the publication of the required notices, it was held that the repeal of said laws by "The General Corporation Law" did not affect the proceeding; that it represented a right accruing or in process of enforcement, and so was preserved from the effect of the repeal by the saving clause of said law. (Cameron et al. v. N. Y. & M. V. W. Co. et al., 133 N. Y., 336 aff'g, 62 Hun, 269, 42 St. Rep., 912, 16 N. Y. Supp., 757.) § 81. Must supply water; contracts with municipalities. Every such corporation shall supply the authorities or any of the inhabitants of any city, town, or village through which the conduits or mains of such corporation may pass, or wherein such corporations may have organized, with pure and wholesome water at reasonable rates and cost, and the board of trustees of any incorporated village and the water commissioners or other board or officials performing the duties of water commissioners, and having charge of the water supplies of any city of this state, shall have the power to contract in the name and behalf of the municipal corporation of which they are officers, for the term of one year or more for the delivery by such company to the village or city, of water through hydrants or otherwise, for the extinguishment of fires and for sanitary and other public purposes; and the amount of such contract agreed to be paid shall be annually raised as a part of the expenses of such village or city, and shall be levied, assessed and collected in the same manner as other expenses of the village or city are raised, and when collected shall be kept separate from other funds of the village or city, and be paid over to such corporation by such trustees or city officials, according to the terms and conditions of any such contract; and any such contract entered into by the board of trustees of any village, or by water commissioners or other board performing the duties of water commissioners and having charge of the water supply of any city, shall be valid and binding upon such village or city, but no such contract shall be made for a longer period than ten years nor for a sum exceeding in the aggregate two and one-half mills for every dollar of the taxable property of such village or city, per annum, except upon a petition of a majority of the taxable inhabitants of any such village or city, or portion thereof, which it is proposed to supply with pure and wholesome water, unless a resolution authorizing the same has been sub mitted to a vote of the electors of the village or city, in the manner provided by the village law or city charter, and approved by a majority of the voters entitled to vote and voting on such question at any annual election or special election duly called; and any board of trustees or board of water commissioners or other city officials, when so authorized, may make such contract for a term not exceeding thirty years, and the amount of such contract shall be paid in semi-annual installments. The town board of any town may establish a water supply district in such town outside of a city or incorporated village therein, by filing a certificate describing the bonds thereof, in the office of the town clerk; and may contract in the name of the town for the delivery by a corporation, subject to the provisions of this article, of a supply of water for fire, sanitary or other public purposes, to such districts, and the whole town shall be bound by such contract, but the rental or expense thereof shall annually, in the same manner as other expenses of the town are raised, be assessed, levied upon and collected only from the taxable property within such water supply district. Such money, when collected, shall be kept as a separate fund and be paid over to such corporation by the supervisor of the town, according to the terms and conditions of any such contract. No such contract shall be made for a longer period than five years, nor for an annual expense exceeding three mills upon each dollar of the taxable property within such water supply district. (As amended by Laws 1896, ch. 678.) $82. Powers. Every such corportion shall have the following additional powers: 1. To lay and maintain their pipes and hydrants for delivering and distributing water in any street, highway or public place of any city, town or village in which it has obtained the permit required by section eighty of this article. 2. To lay their water pipes in any streets or avenues or public places of an adjoining city, town or village, to the city, town or village where such permit has been obtained. 3. To cause such examinations and surveys for its proposed water-works to be made as may be necessary to determine the proper location thereof, and for such purpose by its officers, agents or servants to enter upon any lands or waters in the city, town or village where organized or in adjoining any city, town or village for the purpose of making such examinations or surveys, subject to liability for all damages done. (Thus amended by L. 1892, ch. 617.) A water company properly organized under ch. 737, L. 1873, may by force of this section lay its pipes in a public highway in an adjoining village, without having first obtained the consent of such adjoining village. (The Village of Pelham Manor v. The New Rochelle Water Company, 67 Hun, 98; 51 N. Y. St. Rep., 369; 21 N. Y. Supp. 1110; affd. 143 N. Y. 532.) § 83. Survey and map. Before entering upon, taking or using any land, for the purposes of its incorporation such corporation shall cause a survey and map to be made of the lands intended to be taken or entered upon, by and on which the land of each owner or occupant shall be designated, which map shall be THE VILLAGE LAW. signed by the president and secretary, and filed in office of the county clerk of the county in which such lands are situated. 84. Condemnation of real property. Any corporation organized under this article, shall have the right to acquire real estate, or any interest, therein necessary for the purposes of its incorporation, and the right to lay, relay, repair and maintain conduits and water pipes with connections and fixtures in, through or over the lands of others; the right to intercept and divert the flow of waters from the lands of riparian owners, and from persons owning or interested in any waters, and the right to prevent the flow of drainage of noxious or impure matters from the lands of others into its reservoirs or sources of supply. If any such corporation, which has made a contract with any city, town or village or with any of the inhabitants thereof for the supply of pure and wholesome water as authorized by section eighty-one of this article, shall be unable to agree upon the terms of purchase of any such property or rights, it may acquire the same by condemnation. But no such corporation shall have power to take or use water from any of the canals of this state, or any canal reservoirs as feeders, or any streams which have been taken by the state for the purpose of supplying the canals with water. (Thus amended by L. 1894.) In proceedings to condemn both lands and riparian rights for water supply purposes, in which the adjacent lands will be injured by the severance of the riparian rights, it is not necessary to describe in the petition the whole property which may be injuriously affected by the severance; only that sought to be acquired need be described. (47 N. Y. St. Rep., 388; 19 N. Y. Supp., 954.) Where the water is furnished for public purposes, as in the case of its supply to public hydrants, and must be paid for by taxation, a contract having been entered into between the company and the town or village, condemnation proceedings may be maintained for the acquirement of the necessary lands. (Matter of Citizens' Water Works Co. v. Parry et al, 59 Hun, 202; 35 N. Y. St. Rep., 640; 13 N. Y. Supp., 490.) § 85. Corporation may contract with other cities, towns or villages; amended certificate. mentioned therein or When any such corporation has entered into a contract with the authori ties of any city, town or village not mentioned in its certificate of incorporation, but situated in the same county as the city, towns or villages wholesome water, it may file an amended certificate, stating the name of an adjoining county, to supply it with pure and such other city, town or village to be so supplied with water, and it may thereupon supply any such city, town or village with water in the same manner and with the same rights and subject to the same requirements as if it had been named in the original certificate of incorporation. (Thus amended by L. 1892, ch. 617.) § 221. Election for water works. A proposition may be submitted at a village election for the establishment of a system of water works for supplying the vil |