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law, or so much thereof as shall so conflict, shall, for the purposes of this act, be inoperative in the case or cases provided for by such enactment.
87. County boards of supervisors shall also have authority, by resolution, to be duly entered in their minutes of proceedings, and to be published therewith:
1. To determine, unless the same shall have been determined by a mine con- court having jurisdiction thereof, upon the returns of the proper cer member- tifying officers, and upon such other testimony furnished to them as ship.
would be competent in a court of law, all cases of contested member. ship in their respective boards, and, when so determined in any case, the decision shall be conclusive as to the right of the parties to the
contest. To make 2. To make rules for the conduct of their proceedings, to compel rules, oto. the attendance of absent members at meetings of their respective
boards, and for the maintenance of order and decorum at such meetings, and to enforce pecuniary penalties, not exceeding fifty dollars for.
each offense, for the violation of such rules. To deter- 3. To determine, after the fifteenth day of November, eighteen hun
dred and seventy-five, except in the county of Kings, in what newspapers for
papers, not to exceed two, the election notices issued by the Secretary publishIng elec
of State, and the official canvass shall be published, and to fix the tion notices,
compensation for such publication. But in cases where such publicaeto. tion shall be ordered to be made in two newspapers
shall be of opposite political character. Compen- $ 8. For the services of supervisors, except in the counties of New
York, Albany and Kings, at the sessions of their respective boards, each supervisor shall receive from the county compensation at the rate of three dollars per day, including the whole day of twenty-four hours. Each supervisor shall also receive from the county for his services in making a copy of the assessment roll of his town or ward, including the extension of the tax list to be delivered to the collector or receiver of taxes, compensation at the rate of three cents for each written line for the first one hundred written lines on said roll and list, and two cents per line as aforesaid for the second hundred written lines, and one cent per line as aforesaid for all written lines in excess of three hundred." He shall also receive mileage at the rate of eight cents per mile for once going and returning from his residence to the place where the sessions of the board shall be held, by the most usual route, for each regular or special session provided for by this act. No other compensation, fee, charge or allowance of any kind shall be made to any supervisor for his services, except such as shall be by law a town charge; and any supervisor who shall receive or vote for any allowance in violation of the provisions of this section shall be deemer guilty of a misdemeanor, and shall, on conviction, pay, for the use of the county, such penalty as the court having cognizance of such offense shall adjudge, not exceeding two hundred and fifty dollars. But nothing in this section shall forbid the payment to any supervisor of his actual expenses incurred in any investigation or other duty which may be lawfully committed to him by the board, and which shall require his attendance at any place away from where he shall reside, and five miles or more distant from the place where the board shall hold its sessions. And all provisions of law inconsistent with this section are hereby repealed.
§ 9. This act shall take effect immediately.
AN ACT relating to the court of arbitration of the Chamber of Commerce of the State of New York, and to provide for the expenses thereof.
PASSED June 5, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Chapter two hundred and seventy-eight of the laws of Amending eighteen hundred and seventy-four, entitled "An act to amend chapter ilav® 1874. two hundred and fifty-one of the laws of eighteen hundred and sixty- Ante
, vol. one, and to provide for the arbitration of mercantile disputes in the 9, p. 888. port of New York," passed April twenty-nine, eighteen hundred and seventy-four, is hereby annended ; and such amendments are comprised in the following sections of this act:
$ 2. The arbitrator of the court of arbitration of the Chamber of Term of Commerce of the State of New York holds office during good behavior, arbitrator. and may be removed by the Governor, if, upon due notice and after a hearing, he is found guilty by the Governor of malfeasance, misfeasance or continued non-feasance in office. The expression “ official arbitra- "Official 'tor," as used in this act, refers to the officer designated in this section. In case of the resignation, removal or death of such official arbitrator, Vacancy. his successor must be nominated and appointed by the Governor, with the advice and consent of the Senate, and commissioned by the Governor. Every such official arbitrator appointed after this act takes effect, Oath of must file with the Secretary of State the Constitutional oath of office. office. Cnless he files his oath of office within ten days after his confirmation by the Senate, he is deemed to have declived the office.
$ 3. The official arbitrator has power to administer oaths and. Powers of affirmation, to be used before any court or officer; to take the proof arbitrator. and acknowledgment of any charter-party, marine protest, contract or other written instrument; and to require any witness to appear and testify before him, or the said court of arbitration, or before the board of arbitrators hereinafter provided for in matters pending in said court. He must adopt and promulgate short and simple rules to be observed in proceedings taken as prescribed in this act; and he has power to do and order whatever may be necessary to carry out the provisions of this act.
§ 4. The clerk of the said court of arbitration is known as the Clerk. arbitration clerk, and holds office during the pleasure of said chamber. In case of his death, resignation or removal, the said chamber of commerce must elect his successor. The Governor must appoint and commission the person so elected; but before such commission can be issued, the person so elected must file in the office of the Secretary of State an official oath to the same effect as the Constitutional oath of office. Unless he files such oath within ten days after his election, he is deemed to bave declined the office. The said chamber of commerce may authorize the arbitration clerk to appoint one or more assistants, and provide for their compensation.
$ 5. The arbitration clerk must safely and correctly keep all the Records of minutes, documents, records, books and other papers and effects of the the court. official arbitrator and of the said court of arbitration, and relating to the arbitration for which this act provides. Any person who steals,
Rooms and fixtures.
mutilates or alters any book, record, or paper filed with or kept by the arbitration clerk, is guilty of the same offense, and is punishable therefor in the same manner as if such act was committed with respect to a record kept, as prescribed by law, in the office of the clerk of the county of New York.
§ 6. The salary of the official arbitrator shall be at the rate of ten Repealed thousand dollars per annum, commencing with the first day of JanuL. 1879, ary, eighteen hundred and seventy-five, and shall be raised and paid post, p. 1115. out of the State treasury on the warrant of the Comptroller, in the
same manner as salaries of judges of the Supreme Court. The salary of the arbitration clerk shall be three thousand dollars per annum, commencing at the same period, and shall be raised and paid in the same manner.
8 7. Said chamber of commerce shall provide proper and convenient rooms and furniture, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of the business of said court; and such expenses shall be borne by said chamber, at its
own proper cost and charges. Soal. $ 8. The seal now in use by the official arbitrator shall continue to
be the seal of his office and of said court. Any award or order made pursuant to this act, or any certified copy thereof, must be authenticated by such seal. If the seal now in use is lost, injured or destroyed, the official arbitrator must cause a new seal to be made, which shall thereupon become such official seal.
8 9. Upon the application of the parties interested, or their represtrue con- sentatives, the official arbitrator must interpret or construe any oral
or written contract, pertaining to any matter, which might be the subject of arbitration under the provisions of this act; and he must, if required by either party, make a written award thereupon.
§ 10. The parties to any controversy, dispute or matter of difference, controfer- arising or being within the port of New York, or relating to a subject.
matter situate or coming within that port, as the collection district of that port is established and limited by the act of Congress of the United States of America, approved March second, seventeen hundred and ninety-nine, may voluntarily submit the same to the said court of arbitration of the chamber of commerce, by written submission or by personal appearance in said court, and in oral submission as herein
after mentioned. Applica- $ 11. An application to interpret and construe a contract, as pretions to
scribed in the last section but one, and a voluntary submission as contracts prescribed in the last section may be made in either of the following and submissions,
methods : how made. 1. By filing with the arbitration clerk a written instrument con
taining such application, or submission executed by the parties and acknowledged or proved before the clerk of said court, or before any other officer authorized to take acknowledgment of a deed to be recorded in the county of New York.
2. By the voluntary appearance of the parties before the official arbitrator, which, together with the substance of any oral submission made by them, must be entered in the minutes. Upon making such an application or submission, if both parties request an immediate hearing, the official arbitrator must grant an immediate hearing accordingly, or a speedy hearing where the state of the business before him will allow him to do so. In either case, one member of a firm or partnership, or their attorney in fact, may make such execution, acknowl
al arbitra tors.
edgment, appearance or submission for and on behalf of all the members of such firm or partnership.
§ 12. The said court or arbitration in addition to the jurisdiction Jurisdioabove conferred has power to determine, in the manner prescribed in this act, any controversy, dispute or matter of difference, upon any mercantile or commercial subject, where all the parties thereto are regularly elected members of the said chamber. For the purposes of this section, it shall be sufficient where firms or partnerships are concerned, that one copartner therein is such member of said chamber.
§ 13. In a case specified in the last section, either party may serve Requisipersonally upon the adverse party or one of two or more adverse par- settlement ties, jointly interested in the subject-matter of difference, a written of controrequisition directed to the adverse party or parties, requiring him or them to appear before the court of arbitration of the chamber of commerce of the State of New York, for the settlement of such controversy, dispute or matter of difference, at a place, and on a day and at an hour named in the requisition, not less than two or more than five days after the personal service of the same.
§ 14. A requisition may be served, and proof of the service thereof How may be made in like manner, as where a summons issued out of the served. Supreme Court in a civil action is personally served, and proof of said service is made. The requisition shall be filed with the arbitration to be clerk any time before the expiration of one hour after the same is returnable.
§ 15. Either party to the controversy, dispute or matter of differ- Additionence may, at any time before the expiration of one hour after the requisition is returnable, or within such further time as may be allowed by the official arbitrator or prescribed in the rules established by him, appoint, in writing, one person to sit with the official arbitrator, tó hear and determine the matter. If neither party appoints an additional arbitrator as aforesaid, all the parties are deemed to have waived their right to do so; and the matter must be determined by the official arbitrator. If there are two or more parties on the same side, and they appoint different persons or arbitrators, or do not agree on one person, they are regarded as having failed to make any appointment. Upon a failure of a party to appoint an additional arbitrator, where the adverse party has appointed one, the official arbitrator must appoint a disinterested person, not of kin to either party, to sit as a member of the board of arbitration; and the matter must proceed as if the party in default had appointed such person as additional arbitrator. An appointment of an additional arbitrator is not complete unless it is filed with the arbitration clerk.
$ 16. Where the parties to a controversy, dispute, or matter of difference, voluntarily submit the same to the arbitration of the said court of arbitration, either of them may, at the time of filing the written submission or voluntarily appearing to submit the same, or within such time as may be allowed by the official arbitrator, or prescribed by the rules established by him, appoint a person to sit with the official arbitrator, to hear and determine the matter. The mode of so doing, the proceedings to be taken in behalf of the other party, and the consequences of a failure of either or both of them, to make such appointment, or of an appointment of different persons by two or more parties on the same side, are the same as prescribed in the last section, in a case where a requisition has been issued.
Fallure of § 17. If the additional arbitrator, appointed by either party, fails additional arbitrator to appear, at the time set for the hearing, without proof of the existto appear. ence of a good reason for such failure, and that it is of a temporary
nature, made by the party appointing him, to the satisfaction of the official arbitrator, his appointment must thereupon be declared to be vacated and the same party must forth with appoint another person to act in his place. Upon failure so to do, or failure of the person so appointed to appear then, or at the time, if any, to which the official arbitrator adjourns the hearing, the official arbitrator must appoint a
disinterested person, not of kin to either party, to act in his place. Oath of § 18. Each of the persons appointed as additional arbitrators, by or additional for the respective parties, must subscribe and take before the official tors. arbitrator an oath, honestly, truly and fairly to hear and determine
the matters thus submitted to the arbitrators. The oaths so taken must be filed with the award. The official arbitrator need not be sworn
in the particular case. Board of
$ 19. Where additional arbitrators are appointed and sworn, as prescribed in the last four sections, they and the official arbitrator constitute the board of arbitration to determine the controversy, dispute or other matter of difference, and they must all sit in the matter; and the order, award and decision of any two of them shall be the judgment
of the said court of arbitration. Evidence.
$ 20. The official arbitrator, or, where the hearing is before a board of arbitration, the majority of the board may, after hearing the allegations and testimony of the respective parties, or of those parties who desire to testify, and, upon notice to both parties, direct that fur
ther evidence be taken, if he or they deem further evidence necesWitness's sary to enable justice to be done between the parties. A witness is fees. entitled to the same fees as in an action in a court of record. A comCommis- mission to take testimony without the State may be allowed by the fake testi- official arbitrator, and issued in the same manner and with the same mony. effect as in an action brought in a court of record. The hearing may Adjourn- be from time to time adjourned, upon the application of either party,
and reasonable cause shown to the satisfaction of the official arbitrator, or, where the hearing is before a board of arbitration, to the
satisfaction of a majority thereof. Award. $ 21. Within ten days after the final hearing, the official arbitrator,
or the board of arbitration, or majority thereof, as the case requires, must make and file with the arbitration clerk a written award, under his or their hands, stating his or their decision for the settlement of the controversy, dispute or matter of difference, heard and determined
by him or them. Rehear 8 22. Instead of making an order to fulfill the award, the official Ing.
arbitrator may, for good cause shown, upon notice to and after hearing the parties, make an order directing that the controversy, dispute, or other matter of difference, be heard again, either before the same court, or before another board of arbitration, appointed as prescribed in this act, upon the first hearing. But the party applying for such rehearing must give security in such amount and form as shall be approved by the official arbitrator, for the payment of all the costs and expenses of the other party or parties incident to such rehearing, and for the payment or performance of any award which may be rendered against any party so applying, and of any judgment which may be entered thereon. Upon the rehearing the proceedings must be the sime as upon the first hearing, and the provisions of this act relating