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for holding the polls of election, for the purpose of revising and correcting said lists; and for this purpose, in cities, they shall meet at eight o'clock in the morning, and remain in session until nine o'clock in the evening of that day and the day following, and in other districts they shall meet at nine o'clock in the morning, and remain in session until nine of that day. And they shall then revise, correct, add to and subtract from, and complete the said lists, and shall on that day add to the said list the name of any person who would, on the first Tuesday succeeding the first Monday of November, be entitled, under the provisions of the constitution and laws of this State, to exercise the right of suffrage in their respective election districts. But in making such addition on that day, or on any prior day, they shall not place on the said list the name of any person, except in strict compliance with the provisions of section two and section four hereof, and the other provisions of this act.
§ 3. In case of any willful neglect, omission or refusal by said board Supreme to do any of the acts required by this act, the supreme court of this compen ay State shall have power to compel said board to meet on any day be- board to tween the day herein fixed for the first meeting of said board and the perform day of election and to perform the act or acts so omitted, neglected duties in or refused, but no member of said board shall receive any compensa- neglect of tion for attendance at any meeting under the provisions of this section.
§ 4. This act shall take effect immediately. Ante, vol. 9, p. 400.
AN ACT in relation to the partition of lands held by hus- Husband.
band and wife as joint tenants, tenants in common, or as tenants by entireties.
PASSED May 28, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Whenever husband and wife shall hold any lands or tenements as tenants in common, joint tenants, or as tenants by entireties, they may make partition or division of the same between themselves, and such partition or division duly executed under their hands and seals, shall be valid and effectual; and when so expressed in the instrument of partition or division, such instrument shall bar the right of dower of the wife in and to the lands and tenements partitioned or divided to the husband.
§ 2. This act shall take effect immediately.
congress, may ac
hold and improve
AN ACT enabling any corporation created by act of con
gress of the United States, to acquire, hold, use and improve real estate for the purposes of an international exhibition.
Passed May 28, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. It shall be lawful for any corporation created by act of created by congress of the United States, with power to hold an international ex
hibition in the State of New York under the supervision and auspices quire, of the national government, by its president, commissioners or their
agents, engineers, superintendents or others in their employ, to enter real estate.
all lands or waters within the corporate limits of the city of New York, for the purpose of surveying, exploring, sounding, leveling and laying out the grounds necessary to be used for the holding of the international exhibition provided for by the act of congress aforesaid, and to make such dykes, dams, ditches and drains as may be necessary and of locating the same, and to do and erect all necessary work, structures, buildings and appendages thereon, doing no unnecessary injury to private or other property, and when the grounds, dykes, dams, ditches and drains and the location of other necessary works and structures shall have been determined upon, and a survey of the same duly made and filed by any such corporation, in the office of the clerk of the city and county of New York, it shall then be lawful for any such corporation by any of its officers, agents, engineers, superintendents, contractors, workmen and other persons, in their employ, to enter upon, take possession of, hold, have, and use, occupy, excavate, fill in and grade such lands so surveyed and located; upon any arrangement or agreement entered into by any such corporation and the owners of the said lands, either by purchase, lease or otherwise.
8 2. That if any such corporation, or its officers or agents, cannot acquired, agree with the owner or owners of such required lands or real estate in case of for the use or purchase thereof, or, if by reason of the legal incapacity . ment with or absence of such owner or owners, no such agreement can be made,
a particular description of the lands so required for the use of any such corporation shall be given in writing, under the oath or affirmation of some engineer or proper agent of such corporation, and also the name or names of the occupant or occupants if known and their residence, if the same can be ascertained, to any justice of the supreme court, who shall cause such corporation to give notice thereof to the person or persons interested if known, and in this State, and if unknown and out of the State, to make publication thereof, as he shall direct, for a term of not more than twenty nor less than ten days, and to assign a particular time and place for the appointment of commissioners, at which time, upon satisfactory evidence to him of the service or publication of such notice, aforesaid, he shall appoint three disinterested persons to act as such commissioner to assess the price or value of said lands or the use thereof, who shall be affirmed or sworn before the said justice faithfully to execute the duties of such appointment, and after like notice to both parties of time and place, shall meet, review the premises and hear the parties and evidence if desired and thereupon make such decision and award together with a
description of the said lands and the quantity, by whom owned and how situated and bounded, in writing, under their hands and seals, or the hands and seals of any two of them, to the justice by whom they were appointed, to be by him returned and filed in the office of the said clerk of the city and county of New York, together with all the papers before him relating thereto to be kept as a public record, and copies taken, if required by either party; and if either party shall feel aggrieved by the decision and award of the said commissioners, the party so aggrieved may appeal to the supreme court, at a special term thereof, by proceeding in the form of a petition to said court, with five days' notice in writing to the opposite party, of such appeal, which proceeding shall vest in the said supreme court full right and power to hear and adjudge the same, and upon payment or tender of the sum so found by the commissioners, such corporation shall be deemed to be seized and possessed of all such lands and real estate, appraised as aforesaid, such seizure and possession not to prejudice the
ght of either party to further appeal, if they or either of them feel aggrieved. But no appeal as herein provided or allowed shall prevent such corporation from taking, using and occupying the said land or lands upon the filing of the aforesaid report, the value and damages being first paid, or upon the refusal to receive the same upon a tender thereof, of the owner or owners thereof being under legal disability, the same being first paid into the United States Trust Company; provided, that nothing in this act shall be so construed as to authorize the said United States international commission to enter upon and Public use any of the public parks of the city of New York for the purposes exempted. of said exhibition, except that by permission of the park commissioners of the said city, the said United States international commission may erect a permanent building or buildings in such public park or parks as may be designated and under such restrictions as may be imposed by said park commissioners.
$ 3. 'That the said lands so taken, used, occupied, leased or pur- Lands chased by any such corporation shall be exempt from taxation so long from Paxaas used or occupied by any such corporation for the purposes of said tion. exhibition not exceeding the term of five years.
$ 4. That the said United States international commission be and is hereby authorized and empowered to enter upon, close and use for closed for the purposes of said exhibition, any streets, roads and avenues in the of exo city of New York running through or by, or contiguous to the grounds hibition. which may be selected for the purposes of said exhibition. And it is hereby declared that such streets, roads and avenues as may be thus entered upon are closed from the time of entering upon them until the first day of January, eighteen hundred and eighty-five, unless syoner given up by said United States international commission; and the said United States international commission shall not be liable for any damage by reason of the closing of such streets, roads or avenues, and when such streets, roads or avenues are no longer needed for the purposes of said exhibition, they shall be restored as nearly as possible to the condition in which they were when entered upon.
Amending ch. 467, Laws 1870.
CHAP 480. County AN ACT to amend chapter four hundred and sixty-seven of
the laws of eighteen hundred and seventy, entitled “ An act in relation to the county courts.”
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:
SECTION 1. Section one of chapter four hundred and sixty-seven of the laws of eighteen hundred and seventy, entitled “An act in relation to the county courts,” is hereby amended so as to read as follows:
1. The county courts, in addition to the powers they now possess, dict juris shall have jurisdiction in civil actions where the relief demanded is
the recovery of a sum of money not exceeding three thousand dolexceed lars, or the recovery of personal property not exceeding in value three $3,000.
thousand dollars, and in which all the defendants are residents of the county in which the action is brought at the time of its commencement, subject to the right of the supreme court upon special motion, for good cause shown, to remove any such action into the supreme court before trial, and also, on such removal being made, to change the venue or place of trial. They shall have such appellate jurisdic. tion as is now provided by law.
$ 2. This act shall take effect immediately.
The section intended to be amended by the above act was repealed by ch. 417, L. 1877. See § 15 of article 6 of the Constitution, and § 340, Co. Civ. Proc.
diction in actions not to
Plank roads and turnpike companies.
Neglect to file consent and statement.
PASSED May 28, 1880; three-fifths being present
SECTION 1. Whenever, by oversight or mistake, the officers of any plank road company or turnpike company have neglected to make, file and record in the office of the clerk of the county or counties in which such plank road or turnpike road is located, within one year before the expiration of the term of the corporate existence of such company, and in the office of the secretary of State, the consent provided for in section one of chapter one hundred and thirty-five of the laws of eighteen hundred and seventy-six, and a statement showing the actual capital expended in the construction of any such plank road or turnpike road, exclusive of repairs, together with the consent in writing from the persons owning two-thirds of the capital stock of such company, and a statement of the number of years which they shall desire such corporate existence extended, and the name of each town or ward through or into which said road passes, it shall and may be lawful for such companies to make and file such statements and consents as are provided for in said section one of chapter one hundred and thirty-five of the laws of eighteen hundred and seventy-six, within three months from the time this act takes effect, provided such com
panies shall have, within the time prescribed by law, obtained the con-
, for any reason, fail Failure to to have its corporate existence extended, such portion of the line of porate exsaid road as was built over lands which were originally purchased by said company for that purpose, and was not previously a public high- Town not way, shall not be taken possession or control of by the town in which to take the same may lie, or be claimed or worked as a public highway, until of lands the said town shall pay over to said company the principal sum of the principal amounts paid by said company for the same, as shown by the deeds of sum paid
by conveyance therefor, given to said company therefor.
83. This act shall take effect immediately.
pany is returned.
CIAP. 486. AN ACT to secure the payment of mechanics, laborers and Mechanics
laborers workmen who perform work, also persons furnishing mate- and workrials toward the erection, altering or repairing buildings, men. wharves, vaults or any other structure in the cities of the State 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:
SECTION 1. Any person or persons who shall hereafter, either as contractor, sub-contractor, or in any capacity, under or in pursuance of, or in conformity with any contract, agreement or employment by the owner, lessee or person in possession of any land in any of the cities of the State of New York, perform any work, labor or services, or furnish any materials toward the erection, altering or repairing of any house, vault, wharf, fence or any other structure, or in grading, filling in, excavating or laying walks on any lots of land in the cities of the State of New York, shall, upon filing the notice prescribed in the second section of this act, have a lien for the price or value of such work, labor, services and materials upon such house, vault, wharf, fence, or other structure, and appurtenances, and the lot upon which said grading or excavating is done, or walk laid, to the extent of the right, title and interest of the said owner, lessee or person in possession of said house, vault, wharf, fence or other structure and appurtenances and the land upon which the same stand, at the time of the filing of the notice of claim in the second section of this act specified, or the successors in interest of such owner, lessee or person so in possession taking with notice of said lien.
§ 2. At any time before or within thirty days after the completion Filing of of the erection, altering or repairing of any house, vault, wharf, fence or structure, or grading, filling in, excavating, or laying walks on any lot of land in the said cities of the State of New York, the persons so performing such work, labor or services, or furnishing such materials, may file with the clerk of the county where the land or premises are situated, a notice in writing stating his or their residences, the amount of the claim, from whom Jue, and if not due, when it will be due,