For the use of the city. Repeal. 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 subpoena, 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 every commitment, 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 entitled "an act to reduce the several laws relating particularly to the city of New-York into one.." passed April 9th, 1818, as does not relate to the fees of constables and jailers, is hereby repealed. paid to wit § 12. The fee to be paid to each witness in actions and proceed-Fees to be ings in the marine court or before any justice thereof shall be nesses. 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 subponed or sworn on the trial shall actually attend, and also twelve and a half cents for actually serving any subpoena 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 subpœna, and any witness so served failing to attend, may be proceeded 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 Jurors 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. turns how § 14. It shall be a sufficient compliance by the marine court Certain rewith sections three hundred and ten and three hundred and eleven made and of "The Code of Procedure," to make the return thereby required fees to be charged. in certain cases solely as to the points in which the affidavits are 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. § 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 Repeal, shall be inconsistent with the provisions of this act are hereby repealed. 817. 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 divided into three wards. 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. Chap. 145. AN ACT to amend the charter of the village of Lansingburgh. The People of the State of New-York, represented in Senate and Village to be 81. The village of Lansingburgh shall be divided into three 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 elected. § 2. The inhabitants residing in such wards respectively, and 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 charge of their respective duties, before some person authorised to administer oaths, and the treasurer and collector shall in addition thereto, give security as required by the present charter of said village. And on the first Tuesday of March in each year thereafter, there shall in like manner be a new election of the same officers, and the trustees for the time being elected in any ward shall appoint some proper person to act as their clerk, and said trustees shall preside at such election in such ward, and conduct the same in the manner herein before prescribed, and shall cause a notice of such election to be posted at least one week before such election in three of the most public places in such ward of the time and place of holding such election. officers. § 3. The trustees and other officers to be elected and appointed Powers of under the provisions of this act, shall and may exercise and possess all the powers, rights, privileges and duties now possessed or exercised by the present trustees and other officers respectively of said village, and shall be subject to all liabilities and penalties, to which the present trustees and other officers are liable according to the provisions of the several acts relating to said village, except as herein provided. and fire war § 4. The board of trustees shall have power to appoint a pound Pound masmaster, sealer of weights and measures, and as many fire wardens ter, sealer as they may deem necessary, which officers shall be subject to all dens. the duties and penalties now provided by the several acts in relation to said village. § 5. Any vacancies which may happen in any of the offices Vacancies. mentioned in, or created by this act, shall or may be filled in the manner provided by the present charter of the said village of Lansingburgh. § 6. The several justices of the peace residing in said village Justices of of Lansingburgh shall be police justices of said village, and shall the peace. possess jurisdiction and power to hear, try and determine all charges and offences now triable by a court of special sessions, and shall refuse to take bail to the next criminal court of any persons brought before them, charged with any offences triable as aforesaid, and shall proceed to try all or any persons brought before them on any such charges, with or without a jury, at the option of the defendants within twenty-four hours after the defendants shall be brought before them, and in case of conviction or acquittal, to dispose of the case as now provided by law; provided that any defendant convicted upon such trial shall be entitled to all the benefits of the provisions of article four title three, chapter two of part four of the revised statutes, except that the court in which such conviction shall be affirmed, shall and may in its discretion award costs against the defendant. amount to be § 7. All taxes hereafter to be raised or imposed in said village, The voters by the trustees of said village, shall be decided by the voters of to determine said village, taxable for town and county taxes by ballot, which raised by ballots shall have the word "tax," or the words "no tax,” as the tax. case may be, distinctly written or printed thereon, and shall be deposited in a box to be kept at a meeting of the said taxable inhabitants at such time and place in said village as the trustees thereof shall appoint, of which, at least six days notice shall be given by said trustees, in the manner provided by the present charter of said village, and also published in the newspapers of said village, and the poll of said election shall be opened at nine o'clock in the forenoon and closed at two o'clock in the afternoon. The said trustees shall appoint three inspectors of said election, who shall appoint a clerk to keep the poll list. The said inspector a majority of them, shall canvass the votes given at such election and certify the result thereof to the trustees at their next meeting, which shall be filed with the clerk of said village. Tax when to § 8. If it shall appear from such returns that a majority of the voters are in favor of such tax, the said trustees shall thereupon proceed to enforce or collect the same, which, when realized, shall be exclusively applied, as far as necessary to the express objects for which they were respectively voted. be collected. Assessments &c. how to be made. § 9. All assessments made for the paving, flagging or curbing for paving any of the street side walks, gutters or alleys in said village at the expense of the owners or occupants of the lots intended to be benefitted thereby, shall only be made up on the application in writing of a majority of the owners or occupants interested therein and to be charged therewith; but the trustees may compel the owners and occupants of lots to keep the side-walks, gutters and alleys which may be made or flagged adjacent to their respective lots in good order and repair, without any application for that purpose: and in all assessments made for such paving, flagging and curbing, and for any other local improvement in said village, at the expense of the owners or occupants of lots adjacent thereto, or intended to be benefitted thereby; public notice shall be given in a newspaper or newspapers of said village at least eight days before the final confirmation thereof, and an opportunity afforded to all persons interested therein to inspect such assessment and be heard therein by the trustees before such confirmation,and the said trustees may cause such assessment to be altered or amended, as the right of the case may require, and no real estate shall be advertised for sale for more payment of any assessment until it is ascertained that such assessment cannot be obtained by warrant or execution against the personal property of the owner. But the owners or persons chargeable with said improvements may cause the same to be made at their own expense in conformity to the ordinance of the trustees, within a reasonable time, to be limited by the ordinance of the trustees, and to be specified in such notice, and on all sales of any lot or lots made by direction of said trustees for the non payment of any tax or assessment, the owner or occupant may within two years from the time of such sale redeem the same by paying the amount for which the same was sold, with interest at the rate of ten per cent. per annum from the time of such sale to the purchaser, his representatives or assigns, or to the treasurer of the village for his or their use. |