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destructive to fish, or throw or cast any dead animal, carrion or offal, or other putrid or offensive matter into the waters of the Wallkill creek, in the counties of Ulster and Orange. Any person violating any provision of this section shall forfeit to the county where the violation occurred the sum of fifty dollars for every such violation.

§ 74. Discharge of sewage into the Susquehanna near Binghamton prohibited.

No person or corporation shall cause to fall, flow or discharge into the Susquehanna river or any of its tributaries, between the Rock Bottom dam in such river at the city of Binghamton, and a point one mile east of the bridge that crosses such river at Conklin, any sewage matter, or other foul, noxious, deleterious, solid or liquid matter, or any matter that may be declared such by the board of health of any municipality adjacent to such river within such limit. The board of health of any such municipality shall examine into any alleged offense against this section and cause the same to be abated, if found to exist. Every person violating any provision of this section shall forfeit to the municipality having a local board of health where the violation occurs the sum of twenty-five dollars for the first day when the violation takes place, and the sum of ten dollars for every subsequent day that such violation is repeated or continued.

LAWS 1892, CHAPTER 235.

Section 1. Action by municipalities to prevent discharge of sewage into waters.

Any incorporated city or village in the state of New York, which has made such provision for the disposal of its sewage as not to pollute or contaminate therewith any river, stream, lake or other body of water, may have and maintain an action in the supreme court to prevent the discharge of any sewage or substance deleterious to health, or which shall injure the potable qualities of the water in any river, stream, lake, or other body of water, from which such incorporated city or village shall take

or receive its water supply, provided, that such river, stream, lake, or other body of water is wholly, or in part, within the boundaries of the county in which such plaintiff is located.

§ 2. Duty of supreme court.

Whenever such action shall be brought under the provisions of this act, it shall be the duty of the supreme court upon proof of the existence of facts justifying the bringing and maintenance of such action under the provisions of this act to render a judg ment in which shall be incorporated a mandatory injunction requiring the person, body, board, corporation, municipality, village, county or town, being a defendant to said action which directly or indirectly, or by its servants, agents, or officers shall discharge or dispose of its sewage, or any other substance deleterious to health; which shall injure the potable qualities of the water in such wise as that the same shall enter into any river, stream, lake, or other body of water, from which such plaintiff shall take or receive its water supply, within such reasonable time as may be prescribed by the court, to take such action as shall prevent such discharge or the disposal of such sewage, or other substance into such waters, or the pollution thereof with such further directions in the premises as may be proper and desir able to effect such purpose, provided that such river, stream, lake or other body of water is wholly, or in part, within the boundaries of the county in which such plaintiff is located.

§ 3. Examination by state.

But no such action shall be brought as provided for in section two of this act until the state board of health has examined and determined whether the sewage does pollute or contaminate the river, stream, lake or other body of water into which such sewage is discharged. The expense of such examination by said board shall be a charge upon and paid by the municipality in whose interest, and on whose behalf such examination is made.

§ 4. Approval of plans for removal of sewage, etc.

In case the state board of health shall find upon examination

that the discharge of said sewage does pollute or contaminate said waters or any of them in such manner as to be a menace or danger to the health of those using said waters, the plans for the removal or disposal of the sewage ordered to be prepared by the court as provided in section two shall be submitted to the state board of health for its approval.

LAWS 1894, CHAPTER 667.

AN ACT to authorize local authorities to contract for the purification of water and sewerage

SECTION 1. The local authorities of the several cities, towns and villages of the state having charge of the supply of water and the care of sewerage in their respective localities, are hereby authorized, on behalf of their cities, towns and villages, respectively, to enter into contracts with the owners of any process or apparatus for the purification of water and sewerage whether protected by patents or not, and either contract for use of apparatus and process for a term of years or for the purchase of the same as to them shall seem advisable.

CHAPTER IV.

PROTECTION OF TAXPAYERS.

LAWS OF 1887, CHAPTER 673.

SECTION 1. Prosecution of officials for illegal acts; bond to defendant, approval, filing; injunction; prohibiting payment or collection of claims; restitution, collection, vacating judgment; public records; construction of this act; bondsman may be joined in action; books and papers to be open for inspection; construction.

THE CODES.

SECTION 1925. Action by tax-payer against public officer. 470. Misappropriation, etc., and falsification of accounts by public officers.

471. Other violations.

473. Officers becoming interested in contract.
672. Presenting fraudulent bills to officers.

165. Auditing or paying false claims is felony.
166. Officers conniving at or auditing false claims.

LAWS OF 1887, CHAPTER 673.

Section 1. Prosecution of officials for illegal acts; by whom action maintained.

All officers, agents, commissioners and other persons acting, or who have acted for and on behalf of any county, town, village or municipal corporation in this state, and each and every one of them, may be prosecuted, and an action or actions may be main

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tained against them to prevent any illegal official act on the part of any such officers, agents, commissioners or other persons, or to prevent waste or injury to, or to restore and make good any property, funds or estate of such county, town village or munic ipal corporation by any person or corporation whose assessment, or by any number of persons or corporations, jointly, the sum of whose assessments shall amount to one thousand dollars, and who shall be liable to pay taxes on such assessment or assessments in the county, town, village or municipal corporation to prevent the waste or injury of whose property the action is brought, or who have been assessed or paid taxes therein upon any assessment or assessments of the above named amount within one year previous to the commencement of any such action or actions.

Bond to defendant; approval; filing.

Such person or persons, corporation or corporations upon the commencement of such action, shall furnish a bond to the defendant therein, to be approved by a justice of the supreme court or the county judge of the county in which the action is brought, in such penalty as the justice or judge approving the same shall direct, but not less than two hundred and fifty dollars, and to be executed by any two of the plaintiffs, if there be more than one party plaintiff, providing said two parties plaintiff shall severally justify in the sum of five thousand dollars. Said bond shall be approved by said justice or judge and be conditioned to pay all costs that may be awarded the defendant in such action, if the court shall finally determine the same in favor of the defendant. The court shall require, when the plaintiffs shall not justify as above mentioned, and in any case may require two more sufficient sureties to execute the bond above provided for. Such bond shall be filed in the office of the county clerk of the county in which the action is brought, and a copy shall be served with the summons to such action.

Injunction.

If an injunction is obtained, as herein provided for, the same bond may also provide for the payment of the damages arising

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