water has been shut off from such premises for cause, to let on the water, or to let the water run from his, her or their hydrants, or to authorize, cause, suffer or permit the water to be let on, except the same be done by or under the direction of said superintendent.

§ 8. It shall be unlawful for any person or persons not residing in or occupying the dwelling house, store or premises for the use of which a water rate is regularly assessed, or water is duly taken, to draw, use or take away water from any hydrant on such premises, without the consent of the owner or owners thereof.

§ 9. It shall be unlawful for any person or persons, in paving or relaying sidewalks, to pave over and conceal the stop-cock boxes attached to laterals; but in every instance where it is desired to raise the grade of a sidewalk above the top of the stop-cock boxes, notice shall be given by the owner of the premises to the superintendent of the water works in order that he may lengthen out the stop-cock box to conform to the new grade.

or

§ 10. It shall be unlawful for any person or persons to place or deposit any building material, rubbish any other obstruction in front of any of the city fire plugs so as to prevent ready access to the same by the fire department.

§ 11. Every person who shall violate any of the provisions, conditions or prohibitions in this ordinance contained, shall upon conviction thereof by and before the police magistrate of the City of Troy be punished for each and every such offense by a fine not less than $5 nor exceeding $25, or by imprisonment in the common jail of the County of Rensselaer for a period not less than three days nor more than ten days, or by both such fine and imprisonment, in the discretion of such magistrate.

§ 12. All ordinances heretofore passed by this board in relation to the Troy water works are hereby repealed; but such repeal shall not in any manner affect any penalty already incurred under said ordinances, or any action commenced for the violation of said ordinances.

§ 13. This ordinance shall take effect immediately.

A LAW RELATIVE TO MAKING EXCAVATIONS IN THE PUBLIC STREETS, AVENUES, HIGHWAYS, SQUARES AND ALLEYS IN THE CITY OF TROY FOR PURPOSES CONNECTED WITH THE WATER Works SYSTEM, AND REQUIRING THE TAKING OUT OF PERMITS THERE

FOR.

Passed December 20, 1888.

The City of Troy, in Common Council convened, does hereby ordain as follows:

SECTION I. It shall not be lawful for any person to make or cause to be made any hole or excavation in, across or through any public street or sidewalk within the corporate limits of the City of Troy, for the purpose of connecting with or tapping a public water main, or laying, renewing, repairing or thawing out any water pipe or any hydrant, without first giving a bond and obtaining a permit as hereinafter provided. The bondrequired shall be executed and filed at the office of the board of water commissioners in said city, and shall be signed by the property owner for whom any such work is to be done, or by his agent thereunto duly authorized, in writing, and also by another person who shall be a resident of said city, and shall make affidavit that he is worth the sum of $500 over and above all his debts and liabilities, and it shall be conditioned to indemnify and save harmless the City of Troy from all loss, damage and cost of every name and nature by reason of the carrying on and doing of said work, and also to restore the

pavement and sidewalk which may be disturbed by such work to their proper grade, and to keep the same to grade for a period of six months after the completion of such work. Whenever such bond shall be given, the superintendent of the water works may issue a permit signed by him, authorizing such work to be done. Such permit shall also provide that the work shall be performed according to the rules and regulations of the water commissioners in respect thereto, and that all materials used therein must conform to the requirements of such rules and regulations. In case the work is not, in the judgment of said superintendent, prosecuted with due diligence, he shall revoke such permit and thereafter it shall not be lawful to proceed with such work without giving a new bond and obtaining a new permit. The board of water commissioners shall furnish the necessary blank forms and books for the foregoing purposes. Nothing in this section shall be held to require the giving of a bond and the taking out of a permit where the work proposed is entirely carried on by or on behalf of the said board of water commissioners.

§ 2. It shall be the duty of the superintendent of the water works to examine all places where excavations have been made in the public streets under any permit as aforesaid, and where the pavement and sidewalk do not conform to grade because of the doing of such work, to notify the property owner to cause repairs to be made, and in case of his neglect, the superintendent shall have such work done and the bond given by such property owner placed in charge of the corporation counsel, to be duly enforced by him on behalf of the city. The superintendent shall investigate all cases of violation of this ordinance and make complaint of the same to the police magistrate, or the assistant police magistrate, and procure a warrant against the person guilty of such violation.

§ 3. Any person or the officers, agents or employees of any company or corporation who shall violate any of the provisions of section one, shall, upon conviction of such offense before the police magistrate, or the assistant police magistrate, be punished by a fine of not less than $25 nor more than $50, or by imprisonment in the county jail not less than five days nor more than ten days, or by both such fine and imprisonment, in the discretion of such magistrate.

§ 4. The word "person" as used herein shall be held to include "company," and "corporation," and the word "street" shall include all public roads, highways, avenues, squares and alleys.

§ 5. This ordinance shall take effect on the first day of January, 1889.

RULES AND REGULATIONS.

For the protection, preservation and maintenance of the waterworks, and the use and control of the water supplied under the act of the Legislature, entitled “An act in relation to the Troy waterworks," passed March 9, 1855, and acts amendatory thereof, and chapter 182 of the laws of 1898 and the acts amendatory thereof and supplemental thereto, made by the commissioner of public works of said city and approved by the common council thereof on the 18th days of April, 1901.

I. Annual Water Rents, When Payable-The annual water rates shall begin on the first day of January in each year. Meter rates shall be due and payable at the office of the Water Department on the first days of January, April, July and October in each year. All special rates shall be due and payable in advance, at the office of the Water Department.

2. Ordinances and Rules Part of Contracts with Consumers-All ordinances of the common council relating to the water department and rules and regulations for the supply of water shall be considered a part of the contract with any person who takes water from the city works, and every such person taking the water shall be considered as having expressed his consent to be bound thereby. In the case of the violation of any of the rules the superintendent may shut off the supply without notice, and the water shall not be turned on again until the rules are complied with and all unpaid charges and rents are paid, together with the additional charge of $1 for turning on and off the water.

3. Water Department, Repairs, Main pipes, Reserves, Control of Stop Cock, etc.-The water department will repair the main pipes in the streets, and the valves and fire plugs connected therewith or attached thereto, within a reasonable time after learning or being notified of any defect or break therein. While the water department has the exclusive control of all taps on mains it also reserves the right whenever the superintendent deems it proper or whenever there is a violation of the rules and regulations of the department, to take charge of and control the stop cocks on laterals. The water department will not be accountable for any break or obstruction caused by frost or otherwise in the laterals, fixtures and pipes owned by individuals, or for damages arising by leakage from them.

4. Persons Introducing Water to Have Option as to doing the Work-All persons desiring a water supply from the waterworks shall have the option of having the work (other than the tapping of the main) performed by the city or a licensed plumber and must first make application upon the regular form at the office of the water department, stating fully the several and various uses for which the water is desired, and in case the work is not to be performed by the city, the name of the plumber