Chap. 143.

AN ACT to authorise the city of Schenectady to borrow money for the purposes therein mentioned.

Passed March 27, 1849, "three-fifths being present."

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. It shall be lawful for the mayor, recorder, aldermen and Money may commonalty of the city of Schenectady, to borrow, on the faith be borrowed. and credit of said city, any sum or sums of money not exceeding in the aggregate twenty-five thousand dollars, for a term not exceeding twenty-five years, at a rate of interest not exceeding seven per cent. per annum; and to execute bonds therefor under the common seal of said city, and the signature of the mayor and recorder. The bonds so to be executed may be for sums not less than two hundred and fifty dollars each, and not exceeding in the aggregate twenty-thousand dollars. The said bonds to be in such form, and the principal and interest made payable at such places and times not exceeding twenty-five years as may be agreed upon by the holders.

How to be

§ 2. The money so borrowed by authority of this act, shall be employed and used in the construction of a plank road, its build- used and ings and necessary appurtenances, to be constructed from the employed. city of Schenectady to some point in the town of Duanesburgh, and for no other purpose whatever: And it shall be lawful, and it is hereby made the duty of the said corporation, to invest the moneys so borrowed, in a loan or loans to the Schenectady and Duanesburgh Plank Road Company, for such term or terms as the said company shall agree to take the same, not exceeding twentyfive years; taking therefor the bond or bonds of said company, secured by a mortgage upon the road, buildings and fixtures, and other real property of said company.

money.

§ 3. In case the annual receipts of said company arising from Provision in the said road, shall not be sufficient in any one or more years to case of defipay the incidental expenses thereof, and the yearly interest of ciency of the said twenty-five thousand dollars, or so much thereof as may be invested as aforesaid, and shall remain unpaid, together with the sum annually after five years, from the date hereof, of one thousand dollars, upon the principal of said loan, (and to which said expenses and interest annually and payment on principal after five years from the date hereof, the receipts of said road shall be first applied, and in the order above mentioned ;) it shall be, and it is hereby made the duty of the board of supervisors of the county of Schenectady, and they are hereby authorised to cause to be assessed, levied and collected annually, at the same time and in the same manner as other contingent expenses of said city are assessed, levied and collected, such sum or sums of money as may be necessary to make up the deficiency of the interest of the

Saving clause.

This act to

be submitted

tors of Schenecta

dy.

sum or sums so loaned, and the payment annually after five years from the date hereof, of one thousand dollars thereon. And the sums so assessed, levied and collected, shall be paid to the corporation of said city, and shall be used and applied by them for the payment of such interest and principal, and for no other purpose whatever which sum, so to be assessed, levied and collected, shall be determined upon by the common council of said city, and certified to said board of supervisors.

§ 4. The moneys by this act authorized to be invested by loan as aforesaid, if the same shall be so loaned, shall not be deemed taken or considered as a debt or liability of said plank road company, for which the stockholders of said company, either jointly or severally, shall be individually liable; any thing contained in any law or statute of this state to the contrary thereof notwithstanding.

§ 5. This act shall not take effect, until it shall have been submittto the elec-ed to the electors of the city of Schenectady, qualified to vote at an election for charter officers in said city, at the election which shall be held in said city on the first Tuesday of April in the present year for the purpose of determining whether or not it is expedient for the said city to borrow the money authorised for the purpose specified in this act, the inspectors in each of the said wards to hold the poll and to receive the votes at the said election in said city, shall, in each ward, provide a box in which each elector qualified to vote as aforesaid, may deposite a vote or ballot, on which shall be written or printed the words, "For the plank road loan," or the words "Against the plank road loan;" those ballots on which shall be written or printed the words, " For the plank road loan," shall be deemed as approving of this act, and those upon which shall be written or printed "Against the plank road loan," shall be deemed as not approving of it. And the said inspectors in each of said wards shall canvass the votes deposited in said box in the same manner as is now required by law in the election of said charter officers by ballot, and immediately after such canvass, they shall certify and return to the clerk of the common council of said city the aggregate of the number of votes taken, designating how many were in favor, or "For the plank road loan," and how many "Against the plank road loan." The mayor and the clerk of said common council shall thereupon immediately proceed to canvass the votes thus certified and returned, and shall make and file in the office of the clerk of said common council, and in the office of the clerk of Schenectady county, their certificate that this act is approved or not approved, as the case may be, by a majori ty of the votes of the electors of the said city; and this act shall be published in both the city papers in the city of Schenectady, for at least one week previous to the said first Tuesday of April

Act when to

next.

§ 6. If this act shall be approved by a majority of the votes of take effect. the electors of the said city, as above provided, then the same

shall take effect immediately after the filing of the certificate of such approval of the said act, by the said mayor and the clerk of said common council.

§ 7. This act shall take effect immediately.

Chap. 144.

AN ACT in relation to the Marine Court of the city of New

York.

Passed March 27, 1849.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

Two justices

§ 1. Two justices of the marine court of the city of New-. York, shall be elected by the electors of the city and county of to be elected. New-York, at the next ensuing charter election in the said city, and once in every four years thereafter, at the annual charter elections; the said justices shall be voted for on the same ballot; but such ballot shall be separate and distinct from any other ballot voted at the same election; shall be designated on the inside thereof, "For Justices of the Marine Court," and shall be endorsed "Marine Court;" and shall be deposited in a separate box to be designated "Marine Court;" but the omission of either of such designations or endorsement, shall not vitiate any ballot, provided the same shall be found in the appropriate box.

Votes how

§ 2. The votes for such justices shall be canvassed and certified in the same manner as the votes for register and clerk of the city canvassed. and county of New-York are canvassed and certified, and a certificate thereof shall also be filed with the secretary of state.

§ 3. The justices to be elected at the next ensuing charter Tenure of of election, shall hold their offices for four years, and shall enter on fice, &c. their duties on the second Tuesday of May after their election. The present justices and clerk of the marine court are hereby required on the second Tuesday of May, one thousand eight hundred and forty-nine, to deliver to the justices who may be elected under this act, all the official papers, records and documents in their possession, or under their control as such justices and such clerk, and all papers, records and documents, connected with any suit, action or proceeding, which shall then be pending and undetermined in the said court; and the justices elected under this act are hereby authorised to receive and demand the same. such suits, actions and proceedings, so pending and undetermined,. shall be continued before the said justices so elected, with the same effect and virtue as though before the present justices of said marine court; and all judgments rendered may be executed by process to be issued by said justices. Said justices shall also issue an execution in any suit or action in which a judgment may have been duly entered, and in which an execution might have

And

Clerk how to

issued if this act had not passed. In case of the death, or resignation, or vacancy arising from any other cause, or either of said justices or clerk, the board of supervisors of said city shall immediately appoint some suitable person to fill the residue of the term thus vacant.

§ 4. There shall be appointed by the supervisors of the city be appointed. and county of New-York, a clerk of the marine court hereby established by this act, and who shall hold his office for four years from the second Tuesday of May next, unless sooner removed for cause.

Fees to be accounted

for.

Balaries of justices and clerk.

Their pow

ers.

his share

duties.

§ 5. Each of the justices and the clerk, shall, on the first day of every month, or within three days thereafter, account under oath for all fees and perquisites, if any, of every kind and description, received by him by virtue of his office, directly or indirectly, and pay the same into the treasury of the city of NewYork; and upon such return being made, the justice or clerk making the same, shall be entitled to receive his compensation for the period included in such return, at the rate herein directed to be fixed. No justice or clerk shall perform any service for which a fee is allowed by law, until such fee is paid for the use of the city as aforesaid.

§ 6. The justices and the clerk of the marine court, shall each receive an annual compensation to be fixed by the common council of the city of New-York, and which shall not be increased or diminished during their continuance in office, and which shall be in lieu of all fees or other perquisites; and upon such compensation being so fixed, all provisions of law providing for any other compensation, are therefrom repealed. The compensation of the clerk, to be fixed as herein provided, shall be in full satisfaction of all assistance which it may be necessary for him to have in the discharge of the duties of the office.

§ 7. The justices and clerk of the marine court whose election and appointment are provided for by this act, shall have and possess the same powers and perform the same duties as the justices and clerk of that court now have and possess and perform; but section one hundred and seven of an act to reduce the several laws relating to the city of New-York into one act, passed April 9th, 1813, is hereby repealed.

Each justice § 8. Each justice shall perform his equal share of the labors to perform and duties of the office, so that at ten o'clock in the morning of of labors and each day (except Sundays, the usual holidays, and other days upon which the inhabitants of the city may generally refrain from business,) the justices shall be in attendance, and who shall remain until the calendar for the day of causes set down for trial shall be disposed of, or such time as may be reasonable, and one justice until four o'clock in the afternoon. No justice while at the rooms of the court, not actually engaged in the discharge of other duties of his office, shall refuse to consider and act upon any application for his official action which may properly be made to him.

case of mis

§ 9. In case the board of supervisors of the city and county of Frovision in New-York shall at any time be satisfied that any justice of the conduct or marine court has been guilty of corruption or gross misconduct act of duty in juswhile in office, or habitually neglects to perform his share of the tices. duties of the office as herein required, or has become incapaciatated for the proper discharge of such duties, the board by a vote of a majority of its members shall suspend such justice from the exercise of the duties of his office, and direct that his compensation cease. The board of supervisors shall therefrom without delay present a statement of the causes of its action to the superior court of the city of New-York, and have a copy thereof served upon the justice affected thereby. The superior court shall appoint as early a day as may be practicable for hearing the matter, notice of which day shall be served upon such justice, and proceed with all reasonable despatch to hear the parties and the testimony they may offer, and shall therefrom make such order conformably to law, equity and good morale, either restoring such justice to the full enjoyment of his office with all its powers, duties and benefits, or removing him therefrom, as the facts proven may seem to require, assigning the causes for moval in the order therefor.

any re

ed.

10. The justices shall have power to suspend the clerk for Clerk may corruption or gross misconduct while in office, improper behavior be suspendto the court, neglect of the duties of his office, or incapacity to perform the same; and also to designate a person to act as clerk until the matter is inquired into and decided. The justices shall immediately present a statement of the causes of this action to the superior court of the city of New-York, and the said court shall proceed thereupon in the same manner as herein provided in relation to a justice under suspension. If an order shall be made for the removal of the clerk, the mayor of the city shall designate a person to act as clerk until the vacancy in the office shall be filled.

received

§ 11. From and after the first day of May next, the following Fees to be fees and no other shall be received, paid or allowed in actions and paid and alproceedings in the marine court, or before any justice thereof: lowed. For the first process against defendants, thirty-seven and a half cents; for every subsequent process, twenty-five cents, to be paid upon the issuing thereof.

For entering every action or other proceeding, fifty cents, to be paid previous to the entry of the return of the first process.

For entering every complaint, demurrer, answer or reply, taking verification, if necessary, and filing same, twenty-five cents, to be paid by the party making the same; and for each time any pleading may be amended, twelve and a half cents, to be paid without recovery by the party amending.

For the first jury process, one dollar, to be paid by the party demanding a jury, at the time of the demand, and for each time a new jury may be rendered necessary by adjournment, an additional fee of twenty-five cents, to be paid without recovery by the