Penalty for violating the provis act. § 24. The owner or owners of any dwelling-house, store, store-house, or other building, or of any frame building with or ions of this without a brick front, or of any wooden building, or of any ashhouse, ash hole or wooden shed, who shall violate any provision of this act, and every master builder or master carpenter, who may be employed or assist therein, shall, for every such violation respectively forfeit and pay the sum of five hundred dollars; and such 'owner or owners shall forfeit and pay, in addition thereto, the sum of fifty dollars for every twenty-four hours such violation shall remain, after notice to remove the same shall have been given; such notice may be signed by any of the trustees or assistant engineers of the fire department of the city of New-York, such notice may be given by leaving the same at the residence or place of business of such owner or owners, or builder or carpenter, or, by serving the same personally, or by serving the same in the manner provided for in the twenty-ninth section of this act, and such additional penalty shall be computed and recovered up to the time of the trial of any suit for the recovery thereof; and in case such violation shall continue after the trial of such suit, such continuing additional penalty computing from the time of such trial, may be recovered in any other suit or suits to be brought by the fire department of the city of New-York for that purpose. Penalties how to be recovered. Buildings &c. erected contrary to deemed nui sances. § 25. All pecuniary penalties imposed by this act may be sued for and recovered, with costs of suit, in any court of record within this state, by the fire department of the city of New-York, in their own name and for their own use. 26. Every dwelling house, store, store-house, ash-hole, ashhouse, shed or other building of any description whatever hereinthis act to be before mentioned, which shall hereafter be erected, built, roofed, repaired, altered, enlarged, built upon or removed, contrary to any of the foregoing provisions of this act, shall be deemed a common nuisance, and the justices of the supreme court, and the justices of the court of oyer and terminer and general goal delivery, and the justices of the court of general sessions of the peace within said city, shall have cognizance of such offences; and the court to which an indictment or presentment shall be preferred for such offence, shall be, and hereby is, empowered and enjoined to prosecute such indictment, or cause the same to be prosecuted in the usual manner of prosecutions, and upon conviction to adjudge such fines and penalties as they, in their discretion, shall think fit and proper; and also in their discretion, to cause such nuisances to be abated and removed. Actions. when com § 27. All actions for any forfeiture or penalty incurred under menccd. this act, shall be commenced within eighteen months next after the time of incurring such forfeiture or penalty. Duties con assistant en § 28. The duties and power that were by law conferred upon ferred on the the fire wardens in the city of New-York, prior to the passage of an gineers by act entitled, " An act for the establishment and regulation of the police of the city of New-York," passed May 7, 1844, as well as this act. the duties and powers of fire wardens conferred upon the police by the said act, and by the act to amend the same, passed May 13, 1846, are hereby conferred upon the assistant engineers of the fire department of the city of New-York, and upon their successors in office. violation of the preven § 29. It shall also be the duty of the said assistant engineers, They are to respectively, to enquire and examine into any and every violation enquire into of any of the provisions of the acts, heretofore passed for the the laws for prevention of fires in the city of New-York, and of the several tion of fires. acts amending or modifying the same or in addition thereto, or extending the fire limits in said city, and of this act; and it shall also be the duty of the said assistant engineers, respectively to give or cause to be given a notice in writing, signed by at least one of them, to the owner and builder, respectively, of any such dwelling house, store, store-house, building, ash-hole, ash-house, wooden shed, wooden building or frame building, in said city which shall after the passage of this act, be erected, built, raised, altered, enlarged or built upon, or removed from one lot to another or which shall, after the passage of this act be in the course of erection, building, raising, altering, enlarging or being built upon, or being removed from one lot to another, in violation of any of the provisions of the acts, or of any of them, mentioned or referred to in this section, or of this act, requiring such cause of violation to be removed within ten days after service of such notice; such service shall be made by leaving such notice with any person of suitable age, at such dwelling-house, store, store-house, building, ash-house, ash-hole, wooden shed, wooden building or frame building, or by posting the same in a conspicuous place on such dwelling-house, store, store-house, building, ash-hole, ashhouse, wooden shed, wooden building or frame building. the cause of removed. § 30. If such cause of violation shall not be removed within Provision if the time limited in such notice, the supreme court of the state of such violaNew-York, and the court of common pleas for the city and tion be not county of New-York, shall respectively in addition to the power of enforcing the penalties as now provided by law, and as provided by this act for such violation, have power and jurisdiction in an action to be brought by the said fire department, to restrain by injunction the further erection, building, raising, altering, enlarging or building upon, such dwelling-house, store, store-house, building, ash-hole, ash-house, wooden shed, wooden building or frame building, and also to adjudge and decree that such dwelling-house, store, store-house, building, ash-hole, ash-house, wooden shed, wooden building or frame building, whether erected, built, raised, altered, enlarged, removed or built upon, or in the course of erection, building, raising, altering, enlarging, removing or of being built upon, shall be taken down and removed. Duty of § 31. It shall be the duty of the sheriff of the city and county of New-York, to execute such decree, upon receiving a certified Sheriff. copy thereof. By-Laws. Pay of assistant en gineers. Repeal. Act to be published. § 32. The said assistant engineers shall have power to make such by-laws for their own government, as shall not be contrary to law, or to the ordinances of the corporation of said city. § 33. The compensation of the said assistant engineers shall be fixed by the common council of said city, and shall not exceed the sum of five hundred dollars per annum, to each assistant engineer, and shall be paid by the comptroller of said city, by warrants, quarterly, and the board of supervisors of the city and county of New-York, shall have power to raise by tax, a sum Lecessary to defray such salaries. § 34. All laws and parts of laws heretofore passed, inconsistent with the provisions of this act, are hereby declared to be repealed; but such repeal shall not affect any suit or prosecution commenced, or penalty or offence incurred or committed, previous to the first day of June next; but every such suit or prosecution may lawfully proceed; and every such penalty or offence be demanded, prosecuted, recovered, or punished, as the case may be, as if the said laws, and parts of laws, hereby repealed, had remained in full force. § 35. This act shall take effect on the first day of June next; and the common council shall publish this act once a week in every paper employed by them, from thirty days after the passage thereof, until that day. created. Chap .85. AN ACT to authorise the mayor and common council of the city of Brooklyn to create a loan, for the purpose of erecting a city hall in said city. Passed March 10, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Loan may be § 1. The mayor and common council of the city of Brooklyn are hereby authorised to create a loan, in addition to the loans already authorised by law, not exceeding the sum of fifty thousand dollars, for the purpose of erecting, completing and furnishing the city hall in said city, which has already been commenced; and for that purpose the said mayor and common council are hereby authorised to issue bonds in the name of said corporation; none of such bonds to be for a less sum than five hundred dollars. The said bonds shall bear an interest not exceeding six per cent. per annum, which said interest shall be paid half yearly from the date of said bonds, and the principal thereof shall be made payable in equal proportions in twenty-three, twenty-four, twenty-five, twenty-six and twenty-seven years from the date thereof. Pledge for payment. § 2. The faith, property and effects of said corporation, are hereby pledged for the faithful payment of said bonds and the redemption of said loan. The proceeds of the said bonds issued in pursuance of this act, shall be solely and exclusively applied to the completion and the furnishing of the said city hall in said city. §3. This act shall take effect immediately. Chap. 86. AN ACT authorising the election of a police justice in the village of Poughkeepsie. Passed March 10, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: tice to be elected. § 1. There shall hereafter be a police justice in the village of Police jusPoughkeepsie, elected at the annual town elections by the people, who shall hold his office for the term of five years and until a successor shall be elected, and during the time he shall hold said office, shall remain ineligible to any other town or county office. § 2. He shall (except in case of his absence from the town, His jurisdicor inability from sickness, or other cause to act,) have sole and tion. exclusive jurisdiction to hear all complaints, and to conduct all examinations in criminal cases in the town of Poughkeepsie, and to try all criminal cases as a court of special sessions, that may now by law be tried by a justice of the peace, or by a court of special sessions in said town. § 3. He shall reside and keep an office in the village of Pough- Where to keepsie, and attend to all complaints of a criminal nature, which keep office. may be brought before him at all reasonable hours, and in case he shall remove from the said village, his office shall be vacated, and whenever a vacancy shall occur in said office, the same shall be filled by the appointment of some suitable person by the county judge, and the justices of the peace designated to act as associate judges of the county criminal courts. But the person so appointed to fill such vacancy, shall not hold his appointment beyond the annual town election next succeeding his appointment. the &c. § 4. It shall be the duty of the several justices of the peace Justices of in and for the town of Poughkeepsie, during sickness, absence or act in case of inability of the said police justice as aforesaid, to act, or during his absence, a vacancy in said office, to render the same services, and to be entitled to receive the same fees therefor, as though this act had not been passed, and at all other times to confine themselves in the respective duties of their office to civil cases only. § 5. When any warrant issued by the said police justice shall Warrants. be returned during his absence from said village, sickness or of inability to act, or during a vacancy in said office, any further proceedings on such warrant may be had before any justice of the peace residing in said town as aforesaid, and all warrants is Police justice to account for fees and ary. sued by said police justice for the apprehension of criminals, shall have the same effect and be subject to the same restrictions as warrants issued by justices of the peace in like cases. § 6. The said police justice shall not be entitled to receive any fees for services performed under this act, but he shall keep an receive a sal- account of the business done by him as such police justice, in two separate parts of which one shall consist of such items as are town charges, and the other of such as are county charges, and in lieu of fees, he shall receive an annual salary of five hundred dollars per annum, and be entitled to the use and occupation of a suitable room for the holding of said court and discharging the duties of his office, to be furnished by the trustees of said village, for the time he shall exercise the duties of said office, which salary shall be paid and allowed by the board of supervisors of said county as aforesaid, and not altered during his term of office on the presentation of his accounts as fees as aforesaid duly verified, and said salary shall be apportioned by said board of supervisors, from and according to the account of fees, as town and county expenses; so much of said fees as shall be properly chargeable to the county, shall be paid by the county, and the balance due on said salary, shall be paid by said town of Poughkeepsie, and shall be raised and paid by the said board of supervisors, as town and county charges are allowed and paid; and it shall be the duty of the board of trustees of said village, to provide and set apart to said police justice, at the charge and expense of said village, a suitable room for the use and occupation of said police justice in the transaction of his business and duties as such justice during the continuance of the office. First election. Saving clause. 87. The first election under this act shall take place at the next annual town election, and the person chosen at such election shall immediately thereafter enter upon the duties of his office. § 8. All acts inconsistent with this act, are hereby so far repealed or modified, as not to impair or affect the provisions of this act. § 9. This act shall take effect immediately. Chap. 87. AN ACT to confirm the official acts of Jesse Rosecrance, a justice of the peace of the town of Candor. Passed March 12, 1849. The People of the State of New-York, represented in Senate and confirmed. Assembly, do enact as follows: Official acts § 1. All the proceedings which have been had by and before Jesse Rosecrance, a justice of the peace of the town of Candor, in the county of Tioga, since the first day of January, eighteen hundred and forty-six, shall be held to be of the same force and |