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issued if this act had not passed. In case of the death, or resig-
term thus vacant. Clerk how to
§ 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 es
tablished by this act, and who shall hold his office for four years
oath for all fees and perquisites, if any, of every kind and de-
city as aforesaid.
cil of the city of New York, and which shall not be increased or
discharge of the duties of the office. Their pow
$ 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9th, 1813, is hereby repealed.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 his share
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 duties.
upon which the inhabitants of the city may generally refrain
§ 9. In case the board of supervisors of the city and county of Provision 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 doeleinte jag while 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 any removal in the order therefor.
§ 10. The justices shall have power to suspend the clerk for Clerk 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.
$ 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 : 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
party desiring the adjournment. Either party refusing, at any time to pay the requisite jury fee shall be deemed thereby to waive a trial by jury.
For each adjournment, twenty-five cents, to be paid without recovery by the party desiring the same.
For taking security, including affidavits of justification, twentyfive cents, to be paid by the party required to give the same.
For every subpæna, including blank copies, twenty-five cents, to be paid upon the issuing thereof.
For entering and filing the papers on which any application may be made for an order or other action by the court, twelve and a half cents, to be paid by the party applying.
For trial fee in every action in which the sum demanded in the first process shall not exceed fifty dollars, except marine actions, one dollar ; and in every other action or proceeding including all marine actions, two dollars, provided that no trial fee shall be charged in any action in which there shall be no issue either of law or of fact. The trial fee shall be paid before the cause is placed for trial upon any day calendar. If an issue of law shall be joined, unless the judgment thereon shall be final, one-half of the trial fee otherwise provided, shall be paid without recovery as an additional fee by the party against whom the issue is decided
For administering every oath except oaths administered during the trial of a cause and verifications of pleadings, twelve and a half cents.
For final judgment, fifty cents, to be paid with the trial fee. For every transcript of judgment to file in any county clerk's office, six cents.
For every writ of execution, twenty-five cents.
For taking and entering acknowledgment of satisfaction of judgment, twelve and a half cents.
For each search six cents a year, provided that the whole fee for
any search shall not exceed twenty-five cents.
For making and certifying copies of papers and proceedings in said court or before any justice thereof when required except returns upon appeals, ten cents for each folio of one hundred words.
The fees above specified shall be received for the use of the city of New-York.
Nothing in this section contained shall be construed to interfere with the payment or recovery of fees allowed by law to constables, witnesses, jurors and jailers.
The clerk shall have power to administer oaths in all actions and proceedings in the court or before any justice thereof.
So much of section one hundred and forty of the act erftitled “an act to reduce the several laws relating particularly to the city of New-York into one.." passed April 9th, 1813, as does not relate to the fees of constables and jailers, is hereby repealed.
For the use of the city.
$ 12. The fee to be paid to each witness in actions and proceed-Fees to be
paid to witings in the marine court or before any justice thereof shall be twenty-five cents for each day, he shall actually attend as a witness therein. The party recovering costs may include therein fees at that rate for each day every witness subpened or sworn on the trial shall actually attend, and also twelve and a half cents for actually serving any subpæna on a witness which attendance and service fees shall be proved by affidavit and taxed by the clerk or justice. The fee for one day's attendance shall be paid or tendered to each witness at the time he is served with a subpæna, and any witness so served failing to attend, may ceeded against in the marine court by the same process and shall be subject to the same liability as may be provided by law for defaulting witness in the court of common pleas.
$ 13. The party demanding a jury shall pay for jurors' fees Jarors fees. before the jury is sworn. Twelve and a half cents for each juror empannelled, which fees shall be included in any costs, such party may recover; and if he shall refuse to pay such fees he shall be deemed to waive a trial by jury. The marine court shall have power to appoint and deputize any policemen detailed for duty at that court to summon and empanel jurors, provided that no policeman shall receive any compensation therefor in addition to his official salary.
$ 14. It shall be a sufficient compliance by the marine court Certain rewith sections three hundred and ten and three hundred and eleven of " The Code of Procedure,” to make the return thereby required fees to be in certain cases solely as to the points in which the affidavits are charged. contradictory or defective. The fee referred to in the last of said sections shall in the marine court be three dollars, which shall be paid to the clerk of the said court, for the use of the city of NewYork, except that he may procure a fair copy of the return to be made to file in the superior court, and pay for such copy out of the said fee at the rate of three cents for each folio of one hundred words. Any party aggrieved by the judgment rendered by the superior court, upon an appeal from the marine court may take an appeal in the supreme court in the manner and upon giving the security provided in cases of appeal from a county court to the supreme court.
8 15. All provisions of law relating to elections in the city of Provisions to New-York so far as the same may be applicable shall apply to apply. elections to be held in pursuance of that act.
$ 16. So much of all acts and parts of acts heretofore passed as Repoal, shall be inconsistent with the provisions of this act are hereby repealed.
8 17. The mayor, aldermen, and commonalty of the city of Inquiry. New-York are hereby authorized to inquire into any unusual services heretofore done within one year from the passage of this act by any of the justices of this court, and in case they should
turns how made and
deem it proper and right to make extra compensation for such service, they are hereby empowered to pay the same to the said justice.
18. This act shall take effect immediately.
AN ACT to amend the charter of the village of Lansingburgh.
Passed March 29, 1849, “ three-fifths being present.” The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Village to be § 1. The village of Lansingburgh shall be divided into three three wards. wards, as follows:
all that part of said village south of the centre of Market street shall be the first ward. All that part between the centre of Market and the centre of Grove streets shall be the secondward ; and all that part north of the centre of Grove street
shall be the third ward. Officers to be
8 2. The inhabitants residing in such wards respectively, and elected.
qualified to vote at town meetings, shall or may meet on the first Monday of April next, at some suitable place in the respective wards to be designated by the present trustees of said village in each ward, pursuant to notice to be put up in three of the most public places in each ward, and then elect by ballot in each ward two trustees and one assessor, who shall be electors of the respective wards for which the are elected, and said inhabitants of such wards respectively qualified to vote as aforesaid, shall or may at such election for trustees vote by ballot for one president, who shall also be an elector of said village, and who shall possess the powers and perform all the duties of a trustee of said village as now possessed and exercised by the president of the present trustees of said village ; also, for one collector and one treasurer of said village. The present trustees of said village shall for the first election to be held under this act, appoint not exceeding three inspectors of election in each of the wards created by this act, and fill all vacancies which shall happen in such board of inspectors, which inspectors shall attend and preside in their respective wards at such election, and shall open such election at nine o'clock in the forenoon and close the same at one o'clock in the afternoon, and shall conduct such elections in the same manner as town meetings are conducted, and upon closing the polls and canvassing the votes shall declare the persons elected trustees and assessors in their respective wards, and within two days thereafter certify the votes given for president, treasurer and collector of said village, to the trustees elect of said village, who shall within five days after such election canvass the same and declare the persons elected to said offices respectively; all which officers shall within ten days after such election qualify under oath for the faithful dis