PART III Supervisors clerk of court and two arbitra with the judges. S8. The board of supervisors of the county of Delaware to appoint shall at their next annual meeting after the passage of this act, and every three years thereafter, appoint a clerk of said tors to set court, and also two arbitrators, whose duty it shall be, whenever notified by the clerk of the said tribunal, to attend the terms thereof, and to assist the judge in the trial of all issues of fact when so requested by either or the parties to such trial, which clerk and arbitrators shall hold their offices for three years, and until their respective successors shall be appointed. Vacancies. Vacancies in said offices or either of them may be filled by said board of supervisors at any meeting thereof. And in case there shall be a vacancy in either of said offices when the board of supervisors is not in session the same may be filled by said judge by his appointment of some suitable person to be such clerk or arbitrator, as the case may be, who shall hold his office until such vacancy shall be filled by said board of supervisors. Notice for arbitrators to attend. S 9. Any party to an issue of fact to be tried in said county of Delaware before such tribunal, may, at least ten days before such trial, notify the clerk thereof, in writing, that he desires the arbitrators to be present at such trial to participate therein. Such clerk shall thereupon notify said arbitrators by personal service of a notice, or by addressing the same to each of them at his place of residence through the post office, stating that their attendance at the time and place of such trial is desired. And on such trial said arbitrators and judge shall each have an equal voice, and the decision of a majority shall be the decision of such tribunal. If, for any cause, either of said arbitrators shall fail to be present at such arbitrator. trial, then said judge may appoint some suitable person to supply his place for the purposes of such trial. When judge to appoint Powers of judge. Appeals may be had term of supreme court. $10. The judge of the tribunal established by this act, may make orders and exercise, within said sixth judicial district, the powers of a justice of the supreme court, out of court and at chambers, according to the existing practice, except to stay proceedings in said supreme court after verdict. § 11. Appeals may be taken to the general term of the to general supreme court from the orders of said judge, and the judgments of said tribunal upon the law and upon the facts in like cases and conducted and disposed of in like manner, as provided by law for appeals to said general term; and the provisions of sections two hundred and sixty-seven and two hundred and sixty-eight of chapter four of title eight of the amended Code of Precedure, and of chapters three and four of said title, shall be specially applicable to such appeals so Prohibition far as the same can be applied. But no appeal shall be taken to the court of appeals in any case where the action or proceeding originated in said tribunal. Costs. S 12. Said tribunal shall, in all actions, matters and proceedings therein, have discretion and control over the amount of costs and questions between the parties in relation thereto, and shall have the right to allow or disallow costs to either party or to any of the parties; but shall have no power to allow or impose more costs than are now allowed by law in the supreme court. CHAP. III. serve as S 13. Said judge shall serve as sole referee in any action Judge may or proceeding in the supreme court, in said sixth judicial dis- referee. trict when he shall be appointed pursuant to the provisions of law for the appointment of referees in such court, and such court may appoint him to act as such referee in any county of said district the same as if he were a resident of such county; and in case neither of the parties shall be required to pay him any compensation or fees as such referee, except his expenses. arbitrators $ 14. Said arbitrators and clerk shall each receive a reason- Salary of able salary or compensation for his service as such arbitrator and clerk. or clerk, to be audited and allowed by the board of supervisors of said county of Delaware, and paid by said county; and all necessary expenses for the organization and maintenance of said tribunal shall be paid by said county. Said judge shall Salary of receive an annual salary of fifteen hundred dollars to be paid from the state treasury in the same manner that the salaries of justices of the supreme court are paid. judge. visions of $ 15. All the provisions of this act in reference to arbitra- When protors in the county of Delaware, shall be applicable to every act may be applied to other county in said judicial district, whenever the board of other counsupervisors thereof shall appoint arbitrators for said tribunal ties. in pursuance of the right to do so, which is hereby conferred upon them; and thereafter said tribunal shall hold sessions and conduct trials in every such county in the same manner as in said county of Delaware. Said judge may in his discretion appoint and hold terms and trials by said tribunal without the aid of arbitrators in any county in said district where no arbitrators have been appointed. to Sullivan county. act ceases. S16. The provisions of this act are extended to Sullivan Extended county. $17. This act shall take effect immediately and its opera- When this tions shall cease at the expiration of the first term of office under the same unless the provisions hereof shall be revived by the act of the legislature. PART III. Plea of tender. Proceedings how long to be stayed. CHAPTER V. Actions Relative to Real Property. CHAP. 239. AN ACT to amend Title first, Chapter fifth, Part third of the Revised Statutes, relative to the action of eject ment. PASSED May 7, 1840. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. In all actions of ejectment brought to recover any right of dower in real estate, where the husband of the claimant did not die seised of the premises in which dower is claimed, the defendant may have the same right to interpose the plea of tender he had previous to the passage of the Revised Statutes, and whenever the said plea shall be plead, the parties shall be subject to the same rules as to the payment of costs, as they were previous to the Revised Statutes, and all the provisions of the Revised Statutes inconsistent with the provisions of this act, are hereby repealed. CHAP. 159. AN ACT in relation to the stay of proceedings by bills of exceptions in actions of ejectment. PASSED May 9, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. No bill of exceptions hereafter to be taken on the part of the defendant, in any action of ejectment, shall stay the proceedings therein for more than thirty days after the settlement of such bill, unless the party taking the same shall within that time procure the judge who presided at the trial of the cause, or a justice of the supreme court to certify on such bill that he has read and examined the same, and that there is probable cause for staying the proceedings in the suit in which such bill of exceptions was taken, and serve a copy of such certificate on the attorney of the opposite party. CHAP. V. CHAP. 337. AN ACT to amend title first, of chapter fifth, of part third, of the Revised Statutes, in relation to the mode of commencing the action of ejectment. PASSED October 26, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. The twelfth section, of the first title, of chapter fifth, of part third of the Revised Statutes, is hereby amended so as to read as follows: To such declaration there shall be subjoined a notice in writing, by the plaintiff, or his attorney, addressed to the defendant, and notifying him that a copy of said declaration has been filed in the office of the clerk of the court in which such action shall be brought, and that said defendant is required to appear and plead to such declaration in thirty days from the service of such declaration and notice, and that if he neglect so to appear and plead, a judgment by default will be entered against him, and the plaintiff will recover possession of such premises. Notice to be plaintiff to given by defendant. declaration S2. Previous to the service of any such declaration, the Copy of plaintiff shall cause a copy of the same to be filed in the office to be filed. of the clerk of the county where the premises are situated, and the same may be filed at any time previous to such service. 3 How. P. R., 53. S3. The fifteenth section of said title, is hereby amended by striking out the words "no rule to plead shall be entered," and inserting the "defendant's default for not pleading shall not be entered." default entered. S4. The sixteenth section of said title is hereby amended Defendant's by striking out all after the words "the plaintiff" in the sec- when to be ond line and inserting the following: "after the expiration of thirty days from the service of said declaration and notice, upon filing an affidavit of the service thereof, and of the defendant's neglect to appear and plead, shall be allowed to enter the defendant's default, subject to the qualification in the preceding section mentioned." PART III. Section 1, title 2, part 3, Revised Statutes amended. CHAP. 50. AN ACT to amend the Revised Statutes entitled "Proceedings to compel the determination of claims to real property in certain cases." PASSED February 18, 1848. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. The first section of title second of chapter fifth of part third of the Revised Statutes, is hereby amended by inserting the words, "or for a term of years not less than ten," after the word "life," wherever it occurs in said section, so that the section shall read as follows: 18 B., 332. S1. Where any person singly, or he and those whose estate chapter 5, he has, shall have been for three years in the actual possession of any lands or tenements claiming the same in fee for life, or for a term of years not less than ten, he may compel a determination upon any claim which any other person may make to any estate, in fee or for life, or for a term of years not less than ten, in possession, reversion or remainder, to such lands and tenements, in the manner and by the proceedings hereinafter specified. First di vision of same title amended. S2. The first division of the second section of said title, is hereby amended by inserting the same words after the word "life" therein, so that said subdivision will read as follows: His right to the premises demanded in a brief manner, and Section 2 of whether his estate therein is in fee or for life, or for a term of years not less than ten, and whether he holds the same as heir, devisee or purchaser, with the source or means by which his right immediately accrued to him. Fourth division of same section and title amen ded. All provisions of said title extended. S3. The fourth subdivision of the second section of said title, is hereby amended by inserting the words "or for a term of years not less than ten," after the word "freehold" therein, and the eighth section of the same title is hereby amended by inserting the same words after the word "freehold," wherever it occurs therein, and the ninth section of said title is hereby amended by inserting the same words after the word "life" therein. S 4. All the provisions of said second title, are hereby extended to estates for a term of not less than ten years, so far as the same are applicable thereto. |