Persons in possession ry trial. § 2. The thirty-fourth section of said title is hereby amended so as to read as follows: § 34. Any person in possession of such demised premises, and may deny any person claiming possession thereof, may, at the time appointthe facts and ed in such summons for showing cause, or before, file an affidavit submit to ju. with the magistrate who issued the same, denying the facts upon which the said summons was issued, or any of those facts; and the matters thus controverted shall be tried by a jury, provided either party to such proceeding shall, at the time appointed in such summons for showing cause, (and before adjournment) demand such jury, and shall at the time of such demand, pay the necessary costs and expenses of obtaining such jury. Twelve jurors to be summoned. Six of them § 3. The thirty-fifth section of said title is hereby amended so as to read as follows: § 35. In order to form such jury, the magistrate with whom such affidavit shall be filed, shall nominate twelve reputable persons, qualified to serve as jurors in courts of record, and shall issue his precept, directed to the sheriff, or one of the constables of the county, or any constable or marshal of the city or town, commanding him to summon the persons so nominated, to appear before such magistrate at such time and place as he shall therein appoint, not more than three days from the date thereof, for the purpose of trying the said matters in difference. § 4. The thirty-sixth section of said title is hereby amended so as to read as follows. § 36. Six of the persons so summoned, shall be drawn in like to be drawn, manner as jurors in justices courts, and shall be sworn by such magistrate, well and truly to hear, try and determine the matters in difference between the parties. Justice ter his final decision. § 5. There shall be added to said article the following sections: 1. In case of proceedings before a justice of the peace under when to en this article, the justice shall enter the finding of the jury, or in case no jury is called under the foregoing provisions, his final decision, upon said application for such warrant in his docket, and render judgment therefor, and include in such judgment, cost of such proceedings to the prevailing party at the same rate of fees now allowed by law in civil actions in courts of justices of the peace and limited in like manner, and in the warrant for delivery of possession, or by execution issued by him, the justice shall direct the collection of such costs. Proceedings moved to 2. The proceedings before such justice may be removed by apmay be re- peal to the county court of the county, in the same manner and county court with the like effect, and upon like security as appeals from the by appeal judgment of justices of the peace in civil actions, except that the decision of such county judge shall be an affirmance or reversal of such judgment, and be final. But in addition to the security for such judgment as required by law in case of such appeal, in order to stay the issuing of such warrant or execution, there shall in case of appeal by the tenant, be security also given for the payment of all rent accruing or to accrue upon said premises subsequent to the said application to such justice. be given. 3. No appeal shall, under this act be allowed, unless such se- Security to curity for said judgment shall be given and approved by the judge at the time of allowing such appeal, and served on the justice with the affidavit for appeal. Chap. 194. AN ACT to vest in the board of supervisors, certain legislative powers, and to prescribe their fees for certain services. Passed April 3, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Power of the ter the bounds new town. § 1. The boards of supervisors of the several counties in this state, the county of New-York excepted, at their annual meeting, board to al shall have power within their respective counties, by a vote of two-thirds of all the members elected, to divide or alter in its and to erect bounds, any town, or erect a new town, but they shall not make tany alterations that shall place parts of the same town in more hhan one assembly district; upon application to the board as ereinafter provided (of at least twelve freeholders of each of he towns to be affected by the division) and upon being furnished with a map and survey of all the towns to be affected show- Survey and ing the proposed alterations, and if the application be granted, a to be made copy of said map with a certified statement of the action of said and filed in board thereunto annexed, shall be filed in the office of the secre- office. tary of state, and it shall be the duty of the secretary to cause the same to be printed with the laws of the next legislature after And printed such division takes place; and cause the same to be published in with laws. the same manner as other laws are published. map when secretary's and also § 2. Notice in writing of such intended application subscribed Notice to be by not less than twelve freeholders of the town or towns to be posted up affected, shall be posted in five of the most public places in each published. of the towns to be affected thereby for four weeks next previous to such application to the board of supervisors, and a copy of such notice shall also be published for at least six weeks successively immediately before the meeting of the board of supervisors, at which the application is to be made, in all the newspapers printed in the county, not exceeding three in number. be designat pointed. § 3. Whenever the board of supervisors shall erect a new Name of town in any county, they shall designate the name thereof, the new town to time and place of holding the first annual town meeting therein, ed and first and three electors of such town whose duty it shall be to preside meeting apat such meeting, appoint a clerk, open and keep the polls, and exercise the same powers as justices of the peace when presiding at town meetings, and in case any of the said electors shall refuse or neglect to serve, the electors of the said town present at such meeting, shall have power to substitute some elector of said Lands may be bought town, for each one so refusing or neglecting to serve. Notice of the time and place of such town meeting signed by the chairman or clerk of the board of supervisors shall be posted in four of the most public places in said town, by the persons so designated to preside such town meeting, at least fourteen days before holding the same. They shall also fix the place for holding the first town meeting in the town or towns from which such new town shall be taken. But nothing in this act shall affect the rights or abridge the term of office of any justice of the peace or other town officer in any such town, whose term of office has not expired. § 4. The said boards of supervisors shall have power and they are hereby authorised: 1. At any meeting thereof lawfully assembled, to purchase for to erect poor the use of said county any real estate, necessary for the erection of buildings, and for the support of the poor of such county. houses on. To erect 2. To purchase any real estate necessary for a site for any court house, court house, jail, clerk's or surrogate's office or other public county buildings in said county. &c. Sites to be fixed. Sale of lands. New sites. Erection of buildings. Raising of money by tax. Borrowing money for county use. For town use. Poor. Annual meeting. Collection of taxes. 3. To fix upon and determine the site of any such buildings, where they are not already located. 4. To authorise the sale or leasing of any real estate, belonging to such county, and prescribe the mode in which any conveyance shall be made. 5. To remove or designate a new site for any county buildings, when such removal shall not exceed one mile. 6. To cause to be erected necessary buildings for poor houses, jails, clerk's and surrogate's offices or other county buildings, and prescribe the manner of erecting the same. 7. To cause to be raised by tax upon such county any sum of money to erect any of the buildings mentioned in this act, not exceeding the sum of five thousand dollars in any one year. 8. To borrow money for the use of such county, to be expended in the purchase of any real estate, or for the erection of any such buildings, and to provide for the payment thereof, with interest, by tax upon such county, within ten years from the date of such loan, in yearly instalments or otherwise. 9. To authorise any town in such county by a vote of such town to borrow any sum of money not exceeding four thousand dollars in one year, to build or repair any roads or bridges in such town, and prescribe the time for the payment of the same, which time shall be within ten years, and for assessing the principal and interest thereof upon such town. 10. To abolish or revive the distinction between the town and county poor of such county. 11. To fix the time and place of holding their annual meetings. 12. To extend and determine by resolution at their annual meeting the time when each collector in said county shall make return to the county treasurer; but such time shall in no case extend beyond the first day of March then next. troy wild beasts, thistles, &c. 13. To make such laws and regulations as they may deem ne- Laws to descessary and provide for the enforcing of the same, for the destruction of wild beasts, thistles and other noxious weeds, to prevent the injury and destruction of sheep by dogs, and to levy and enforce the collection of any tax upon dogs, and to direct the application of such tax, and to provide for the protection of all kinds of game, of shell and other fish within the waters of their respective counties and all laws of this state now existing in relation to preserving or destroying, killing and taking wild beasts or birds, fish, eels, and shell fish, are hereby repealed, such repeal to take effect on the first day of January, in the year eighteen hundred and fifty. port. 14. To require any county officer, or any officer whose salary County offis paid by the county,to make a report under oath to them, on any cers to resubjects or matters connected with the duties of their offices: and the said officers are hereby required to make such report whenever called upon, by resolution of any such board; and if any such officer neglect or refuse to make such report, he shall be deemed guilty of a misdemeanor. tion by what § 5. None of the powers prescribed in the last section shall be powers in exercised except by a vote of a majority of all the members the 4th secelected in the county, nor shall such power be exercised under the vote to be exfifth, tenth and thirteenth subdivisions of said section, without a ercised. vote of two-thirds of all the members, elected to such boards. ings may be § 6. The boards of supervisors shall also have power, within Location of their respective counties, to change the location of court houses, public buildjails, clerks' offices, surrogates' and treasurers' offices, or other changed: public buildings, when the distance shall not exceed one mile upon notice having been given signed by at least twelve freeholders, for six successive weeks immediately before any meeting of such board, and specifying the new site, and published in some newspaper printed in the county, but the power granted in this section for the removal of public buildings where the distance exceeds one mile shall not be exercised unless at the next annual meeting after the publication of the aforesaid notice, a resolution shall be passed to change the site of the building or buildings, to the place mentioned in said notice, by a vote of two-thirds of all the members elected and then only, upon said resolution being published for at least six weeks successively in some newspaper printed in the county, immediately previous to the next annual meeting of the supervisors, when by a vote of two thirds of all the members elected, the said resolution being again passed, shall go into effect. § 7. Every resolution of any board of supervisors passed in Every resopursuance of the provisions of this act, shall be signed by the lution to be chairman and clerk of such board, and be recorded in the book of recorded. miscellaneous records of such county. signed and Comptroller § 8. The comptroller is hereby authorised to loan to any of the towns or counties of this state, any money in the treasury be- to loan monlonging to the capital of the common school fund, as is authorised ey to towns by this act to be borrowed by any county or town, whenever application is made to him by the treasurer of such county. and counties Securities to be given for loans. supervisors § 9. When such moneys are loaned to such county, the treasurer thereof shall execute his official bond for the payment thereof, and when loaned to any town the supervisor thereof shall execute his official bond in like mauner. Allowance to § 10. Each supervisor shall receive over and above the per for travel,&c diem compensation now allowed by law, eight cents per mile for all necessary travel in the discharge of his official duties, and three cents for each name (for making a copy of the assessment roll of his town and making out the tax bill to be delivered to the collector,) for the first hundred names, two cents per name for the second hundred names, and one cent per name for each name over two hundred. But no per diem allowance shall be made to any supervisor while employed in making out such copy or tax. Repeal. § 11. Nothing in this act contained shall abridge the powers of any board of supervisors which they now possess, and which are not inconsistent with the provision of this act, and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Stores and store houses how to be built. Chap. 195. AN ACT To amend an act "For the more effectual prevention of fires in the city of New-York," and to amend the acts heretofore passed for that purpose. Passed April 4, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Section four of an act " For the more effectual prevention of fires in the city of New-York," and to amend the acts heretofore passed for that purpose, passed March 7, 1849, is hereby amended, and shall read as follows: "Every such store or storehouse being more than thirty feet in width, shall be erected and built in such manner that all the floors thereof throughout their whole extent shall be supported by and rest upon one or more additional partition wall or walls, built of brick or stone, not less than eight inches thick, or upon iron girders sustained by proper and sufficient posts or pillars of iron, brick or stone, and so that through the whole extent of said floors, and each of them, the walls of such store or storehouse, (except the front and rear walls,) and such intermediate support or supports of brick, stone or iron, shall not be distant from each other more than thirty feet, and all such partition walls which shall exceed thirty-five feet in height from the level of the sidewalk to the peak or highest part thereof, shall not be less than twelve inches thick; provided, however, that in case said floors or any of them, shall, throughout their whole extent be supported upon iron beams |