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osts and disbursements.
of judgment. Lien against real
87. Costs and disbursements, in actions to enforce liens provided for by this act, shall be allowed to either party upon the principles and by the same rules as are now allowed by law in actions for relief arising on contract, and shall be included in the judgment recovered therein, and the expenses incurred in serving the notice by which such actions shall be commenced by publication may be allowed in justices' courts and added to the amount of costs now allowed in said courts. When the action is brought in the supreme court or in a county court, such direction shall be made in the discretion of the court as to the par. ment of costs as shall be just and equitable, and the judgment entered
shall specify to whom and by whom the costs are to be paid. Filing of
$ 8. A transcript of every judgment rendered under this act shall transcript
be furnished by the clerk of the county where rendered and docketed to the successful party, who may file the same with the county clerk
of any other county, and the same shall thereafter be a lien on the real property. property in the county, where the same is filed and docketed, of every
person against whom the same is rendered, if for twenty-fire dollars or upwards, exclusive of costs, in like manner and to the same extent and enforceable by execution in the same manner, as in other actions
for the recovery of money arising on contract. Exccution. 9. Whenever any judgment shall be entered in any such action as
aforesaid, execution shall thereupon issue for the enforcement and col. lection of such judgment in the same manner as executions are issued upon other judgments in actions on contract for the payment of money only, except that when the judgment is in favor of the claimant the execution shall direct the officer to sell the right, title and interest which the owner or other party in interest had in the premises at the time of filing the notice prescribed by the second section of this act, and if the same shall be insufficient to satisfy said judgment, then to collect such deficiency as shall remain out of the personal property of such owner or party in interest, or if there be two or more of either of them, or if sufficient personal property cannot be found, then out of the real property of such owner or party in interest, or if there be two or more, of either of them, in the county to which said execution is issued, on the day such judgment was docketed in said county, or on any day thereafter. But no such defficiency shall be collected out of any real property, unless such deiency* shall amount to or exceed the sum of twenty-five dollars.
$ 10. Every lien created under the provisions of this act shall continue until the expiration of six months from the time of filing the notice prescribed in the second section of this act, unless sooner discharged by the court or some legal act of the claimant in the proceedings; but if within such period of six months proceedings are commenced to enforce or foreolose such lien, then such lien shall continue until judgment shall be rendered thereon, and for one year thereafter such lien shall also continue during the pendency of an appeal and for one year after the determination thereof. When a judgment is rendered as aforesaid it may be docketed in any county of this State
and enforced as if obtained in an action in a court of record. Appeals.
$ 11. Appeals from judgment rendered pursuant to this act may be taken by either party in the same manner, within the same time, and subject to the same rules and course of procedure as in appeals taken in civil actions arising on contract, and with like costs and disbursements, and the judgment thereon shall be enforced as judgments on appeal are now enforced and coilected. Such appeal shall be had an taken only in the proceeding or action wherein judgment shall be
Continuance of lien.
* So in original.
given or rendered, but such appeal shall not operate as a stay of proceedings or in any manner to affect the foreclosure or action of any other claimant or claimants then pending.
$ 12. The liens created by virtue of the provisions of this act shall Priority. be paid and settled according to priority of notice filed with the county clerk as directed by the second section of this act.
§ 13. All liens created by this act may be discharged as follows: How disFirst, by filing with the county clerk a certificate of the claimant or charged. his successor in interest, acknowledged or proved in the same manner as a conveyance of real estate, stating that the lies has been paid or discharged; second, by depositing with the justice before whom, or the clerk of the court in which proceedings shall be commenced to enforce or foreclose said lien, a sum of money equal to double the amount claimed, which amount shall therenpon be held subject to the determination of such proceedings; or, third, by an entry of the county clerk made in the book of liens that the proceedings on the part of the claimant have been dismissed by the court or a judgment rendered against the said claimant.
AN ACT in relation to uncollected taxes in the several town
Taxation and wards in this State.
PASSED May 27, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. When the tax imposed by a board of supervisors, upon Return of any resident tax payer in the several counties, shall be returned by the tax for collector of any town or ward as unpaid, for want of goods and chat- goods and tels to satisfy the same, the treasurer of the county in which such chattels to taxes are so returned shall add interest to the same at the rate of eight per centum per annum, until the same is returned by said treasurer to the comptroller, which sum so added shall be a lien upon the property assessed, in the same manner and to the same extent as the tax levied by the said board of supervisors. This act shall not apply to any county having a special provision of statute on this subject.
2. This act shall take effect immediately.
( CHAP 449.
AN ACT to amend section twenty-seven, article two, title
two, chapter one, part four of the Revised Statutes of the State of New York.
PASSED May 27, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. Section twenty-seven, article two, title two, chapter one, part 4, ch.
Amending part four of the Revised Statutes of the State of New York is hereby Rev. amended so as to read as follows:
§ 27. Every person who, from premeditated design, or with intent to kill or commit any felony, shall,
1. Cut out or disable the tongue; or,
4. Cut off or disable any limb or member, of another, on purpose, upon conviction thereof, shall be imprisoned in a state prison for such term as the court shall prescribe, not less than seven years.
Ante, vol. 2, pp. 683-4.
Insurance AN ACT to authorize joint-stock fire insurance companies to
issue policies providing against loss or damage by lightning.
PASSED May 27, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. All joint-stock fire insurance companies organized under the provisions of the general insurance acts known as chapter three hundred and eight of the laws of eighteen hunred and forty-nine, and chapter four hundred and sixty-six of the laws of eighteen hundred and fifty-three, and the acts amendatory thereof and supplemental thereto, are hereby authorized to issue policies providing against loss or damage by lightning.
§ 2. This act shall take effect immediately.
laws of eighteen hundred and sixty-four, entitled “An act to
PASSED May 27, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate an!
Assembly, do enact as follows : Amending SECTION 1. Section seventy-seven of chapter five hundred and GftrLaws 1864. five of the laws of eighteen hundred and sixty-four, entitled “* An act
to revise and consolidate the general acts relating to public instruction,” is hereby amended so as to read as follows:
$ 77. Out of any moneys in the county treasury raised for contingent expenses the treasurer shall pay to the trustees the amount of the taxes so returned as unpaid, and if there are no moneys in the treasury applicable to such purpose, the board of supervisors, at the time of levying said unpaid taxes, as provided in the next section, shall pay to the trustees of the school district the amount thereof by voucher or draft on the county treasurer in the same manner as other county charges are paid.
Ante, vol. 6, p. 343.
AN ACT to extend the authority of the supreme court in Supreme
proceedings by writ of mandamus, to correct errors in the court. determination of boards of county canvassers.
Passed May 27, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Whenever it shall appear by affidavit that errors have Extending occurred in the determination of the board of county canvassers in any of in procounty in this State, the supreme court may, by order, require said ceedings board to correct such errors, or show cause why such correction should mana not be made, and in the event of the failure of said board to make damus. such correction, or show cause as aforesaid, the said court may compel said board by writ of mandamus to correct such errors; and if such board of county canvassers shall have made its determination and dissolved, such court may compel it to reconvene for the purpose of making such corrections. For the purpose of making such corrections as the court shall order, the meeting of the board of county canvassers shall be deemed a continuation of its regular session, and the statement and certificates shall be made and filed as the court shall direct; and so far as the same shall vary from the original certificates and statements, the statements and certificates made under the order of the court shall stand in licu thereof, and shall in all places be treated with the same effect as if such corrected statement had been a part of the original required by law.
§ 2. The practice in such proceedings in mandamus shall be the Practice, same as in cases of mandamus against a board of supervisors, and for the purpose of service of papers and other proceedings, the board of county canvassers, as organized and existing at the time of making the original canvass, shall be deemed a continuing board.
NOTE.-Ch. 463 (amending ch. 604, L. 1875,) will be found incorporated into that act. Ante, p. 206.
CHAP. 465. New York AN ACT to amend chapter five hundred and seventy of the
laws of eighteen hundred and seventy-two, entitled “ An act to ascertain, by proper proofs, the citizens who shall be entitled to the right of suffrage in the State of New York, except in the city and county of New York and the city of Brooklyn, and to repeal chapter five hundred and seventytwo of the laws of eighteen hundred and seventy-one, entitled 'An act to amend an'act entitled 'An act in relation to elections in the city and county of New York.'"
Passed May 28, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows : Amending SECTION 1. Section one of chapter five hundred and seventy of the Laws 1872. laws of eighteen hundred and seventy-two, entitled “ An act to ascer
tain, by proper proofs, the citizens who shall be entitled to the right of suffrage in the State of New York, except in the city and county of New York and the city of Brooklyn, and to repeal chapter fire hundred and seventy-two of the laws of eighteen hundred and sevents. one, entitled ' An act to amend an act entitled · An act in relation to elections in the city and county of New York,'” is hereby amended
so as to read as follows: Inspectors § 1. The several inspectors who now are or who may be hereafter
elected or appointed inspectors of election, for the several election districts in the towns and cities of this state, except in the city and county of New York and in the city of Brooklyn, for the year eighteen hundred and seventy-two, are hereby declared to be a board of registry of elections under this act; and for the purposes herein named, the said inspectors, and their successors in office, shall meet
annually, on Tuesday, five weeks previous to the general election, at for organi- nine o'clock, in the forenoon, at the place designated for holding the
poll of said election, and organize themselves as a board for the pur. pose of registering the names of the legal voters of such district, and shall sit until nine o'clock in the evening of each day; and for this purpose they shall appoint one of their number chairman of the board, who shall administer to the other inspectors the oath of oflice, as prescribed by the constitution, and the same oath shall then be administered to the chairman by one of the other inspectors. The said board shall then proceed to make a list of all persons qualified and entitled to vote at the ensuing election, in the election districts of which they are inspectors. Said list, when completed, shall constitute and be known as the register of electors of said district. The said inspectors, at their first meeting on Tuesday, five weeks preceding the general election, shall have power, if necessary, to sit two days for the purpose of making said list, provided that, at the annual election next prior to said meeting, the number of votes in the district of which they are inspectors exceeded four hundred.
$ 2. Section three of said act is hereby amended so as to read az
follows: Meeting to $ 3. The said boards of inspectors shall meet on the Tuesday of the lists. week preceding the day of the general election, at the places designated
to form board of registry.