« ΠροηγούμενηΣυνέχεια »
of education, and in such cases one of such notices shall be posted in one of the buildings in which such schools are taught. At the time and place appointed for the return of said Hearing of summons, the complainant aforesaid may appear, and any party complaint. or person owning or having an interest in said animal, or his agent duly authorized, shall be allowed by the said justice to appear in said proceeding; and on his filing with said justice an answer under oath, subscribed by him or his agent aforesaid, denying any or all the facts in said complaint, an issue shall be deemed joined in the said proceeding, and the subsequent proceedings shall be as in civil actions, so far as they can be, unless otherwise provided in this act. If no one shall When sale appear to show cause, and the said summons shall be returned to be made : by a constable duly served, or by proof showing that fact, if Inowbat served by any person other than a constable, or if the jury or the justice shall find, after a trial, that no sufficient cause is shown why such sale should not be made as directed by this act, then the said justice shall issue his warrant, under his hand, directed to any constable of the said town, commanding bim to sell the said animal at public auction for the best price he can obtain therefor, and make return thereof to the said justice, at a time and place therein specified, not less than ten nor more than twenty days thereafter. The said sale shall be made on the like notice as on constable's sale on civil process; and the said constable shall make return as required by the said warrant, and pay the proceeds of said sale to said justice. The said justice shall thereupon adjudge the costs. costs of said proceedings, the same amounts being allowed as in civil actions; and in addition he shall allow to the party or officer making such seizure, for every horse or colt, one dollar; for every cow, calf or other cattle, each fifty cents; and for every goat, sheep or swine, twenty-five cents, together with the actual damages sustained by such party by reason of tbe trespass or breaking of such animal into his premises, and a reasonable compensation to such person or officer, to be estimated by such justice, for the care and keeping of such animals, from the time of the seizure thereof to the sale; and the said justice shall be allowed the sum of one dollar for each animal so sold; and the constable the same fees as for service for a summons and execution in civil actions. And the penalty in the foregoing sections prescribed shall be paid To whom to the overseers of the poor or the officer or board having the penalty to
. support of the poor in charge. If, after paying the sums aforesaid, there shall be any surplus of the proceeds of said sale, the said justice shall pay the same to the owner or party we plia.co establishing before him, on the return of such summons or at such other time as he shall appoint, the right to the same. If no person shall claim said surplus within one year after such seizure, the said justice shall pay the same to the overseers of the poor of such town, or the officer or board afore
animal before hear
When owner is
said, for the benefit of the poor thereof. If such owner or
party interested shall not appear and demand such surplus time owner within said year, he shall be forever precluded from recover
ing any part of such moneys, and the receipt of the overseer surplus.
of the poor of said town, or officer or board aforesaid, given at any time after the expiration of said year, shall be a full discharge to said justice for the same.
Ante, vol. 3, p. 547. $ 4. The fourth section of said act is hereby amended so as to read as follows:
4. Any owner of any animal which shall have been seized entitled to under and pursuant to the foregoing provisions, may, at any
time before the justice aforesaid shall proceed to the hearing ing. on the return of said summous, demand and shall be entitled
to the possession of such animal, upon the payment to said justice of the several suns bereinbefore required to be paid to the said justice and constable, and to the person or officer by whom the seizure aforesaid shall have been made, and the penalty aforesaid when such seizure is made by any officer, together with a reasonable compensation to the person or officer making the seizure for the care and keeping of such animal, to be ascertained and fixed by such justice, and upon making to such justice satisfactory proof of ownership; and
if such owner shall not have appeared upon said return day entitled to
and shall excuse such non-appearance to the satisfaction of heiminl after said justice, and shall make such demand at least three days before sale. before the time appointed for such sale, he shall be entitled
to the custody and possession of such animal, upon paying
Ante, vol. 3, p. 548.
to read as follows: Penalty, $5. In case the animal so seized under the foregoing proetc., when visions of this act shall have been so running at large or been set at trespassing, by the willful act of any other person thau the person not owner, to effect that object, such owner shall be entitled to
the possession of such animal, at any time before the actual hearing shall be commenced on the return of said summous, on making the demand therefor, and the proof required in the next preceding section, and on paying to such person or officer making such seizure the amount of compensation fixed by such justice for the care and keeping of such animal, and without paying any other charges. Aud the person com witting such willful act shall be liable to a penalty of twenty dollars, to be recovered in an action at law, at the suit of the owner of such animal or of the person or officer making such seizure.
Ante, vol. 3, p. 548.
$ 6. The following two sections shall be added to said act, and shall be the sixth and seventh sections thereof: $ 6. An appeal may be taken by either party who shall Appeal to
the county have appeared and contested in said proceeding before such justice, to the county court; and all laws relating to appeals from judgments of justices' courts, and the jurisdiction, powers and duties of county courts to hear and determine sach appeals and the proceedings therein shall be applicable to such appeals, so far as the same can be applied and are consistent with this act. Such appeal can only be taken from the finding or determination that cause exists or does not exist what time for the sale aforesaid, and must be taken witbin ten days after taken, etc. such finding or determination; and such appeal when made by a claimant shall not be effectual for any purpose unless the nndertaking required on appeals to the county court contains a clause that in case the finding or determination shall be affirmed, the claimant will pay all such sums as the said justice shall determine and adjudge for the costs, penalties and allowances so as aforesaid authorized to be made. In case of an affirmance by the county court, said court shall appoint a time and place when said justice shall adjust the same, and such adjustment shall be made in the manner and for the sums hereinbefore specified. In case such undertaking is given and approved by the said justice, he shall forthwith direct the said sale not to be had, and shall order the said animal to be delivered to the appellant, if it shall appear to him that he is the owner or entitled to the possession thereof.
7. In case any person making such seizure sball fail on When said hearing to show cause sufficient to obtain such sale, the person bejzsaid justice shall render judgment against him for costs. costs and
damagus. And if the jury or said justice shall find from the evidence that such seizure was malicious and without probable cause, the jury or the justice may assess the amount of damages sustained by the owner, by means of such seizure, and judgment shall in such case be given for double the amount assessed, with costs.
S 7. Actions for any cause of action arising out of any proceeding had or taken or attempted to be had or taken under the provisions of said act, entitled "An act to prevent animals from running at large in the public highways," passed April twenty-third, eighteen hundred and sixty-two, can only be commenced within oue year after the cause of action shall have accrued.
$ 8. The number of section “six” of the act hereby amended is changed to number eight.
$ 9. This act shall take effect immediately, but shall not affect actious dow pending.
Ante, vol. 3, p. 549.
CHAP. 819. AN ACT to amend chapter eight hundred of the Session
Laws of eighteen hundred and sixty-six, relative to the taking of lands for erection of school-houses.
Passed May 9, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Section one of chapter eight hundred of the laws of eighteen hundred and sixty-six, is hereby amended by striking out the words, " at the time of presenting said petition,” and all that follows down to the words,
a copy of said petition with a notice thereto annexed,” and inserting in place thereof the following:
“Said petition shall be filed in the office of the county clerk of the county in which the land is situated, and at the time of filing thereof, or at any time afterwards, the petitioners may cause a notice of the pendency of the proceeding to be filed in said office, which notice the county clerk shall file and record in the same manner that similar notices in actions in the supreme court are required to be filed and recorded ; which notice shall state the object of the proceeding, and contain a description of the land and the names of the parties affected thereby. And all persons who shall acquire in whatsoever way, any title to, interest in, lien or incumbrance upon said land, after the filing of the notice of the pendency of the proceedings as aforesaid, shall be bound and affected by said proceedings in the same manner and to the same extent as if they had been named in the petition as parties thereto; and said persons shall also be bound in the same manner and to the same extent, by notice of the existence of said proceeding, whether notice of the pendency thereof has been filed or not. The petitioners may appear and prosecute such proceedings by an attorney." And said section is further amended by striking out the words “the county judge holding," where the same occur in said section.
Ante, vol. 6, p. 834. $ 2. The act hereby amended shall apply to union free school-districts and to districts organized under special laws; and the trustees of such districts, or the boards. of education organized under special laws, shall be avd are hereby clothed with all the powers vested in trustees under said act.
S 3. Nothing in this act contained shall prejudice or impair any right acquired or proceeding bad or instituted, under or by virtue of the act hereby amended.
S 4. This act shall take effect immediately.
PASSED May 9, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. The Deer river, situated in the county of Franklin, is hereby declared a public highway, for the purpose of floating saw-logs and timber from the west line of the town of Brandon in said county to a point in the town of Dickinson, distant fifty rods easterly from the bridge crossing said river at Dickinson Center.
S 2. There shall no dam be hereafter erected on the said Regula. river within the aforesaid limits without an apron of at least dams and twenty feet in width in the middle of the current of the river, of a proper slope for the passage of logs and timber.
$ 3. All booms made on said river above any dam now or hereafter to be erected within said limits shall have an open passage way of at least twenty feet in width, but the said passage way may be closed except when necessary to be opened for the passage of logs or timber.
S 4. Any person willfully obstructing by booms or other- Persone wise the channel of said river, so that the said space of twenty damaging feet in width shall not be open for use, shall be liable to a penalty of twenty-five dollars for each day of the continuance of said obstruction to be sued for and collected by any person aggrieved by such obstruction.
S 5. Persons desirous of floating logs or timber down said Powers of stream may construct a shoal or apron in connection with any dam across said stream, and may reconstruct any booms floating already constructed in, over and across said stream, in such manner as to allow logs and timber to pass by the same, and may construct such other piers, booms and dams as may be necessary for the passage of saw-logs and timber over and through the said channel doing no unnecessary injury to the owner or occupants of said booms and dams, or to the owners or occupants of any lands on which piers, booms or dams may be constructed, or lands flooded thereby, and paying to such owner or occupants such damages as he or they may sustain by reason of such alteration of such boom or dam, or by reason of the construction of piers, booms and dams, and flowing water by the same, or by the carelessness or inattention of such parties or their employees in and about such dams or booms, to be appraised by commissioners to be appointed by the county court of the county of Franklin, on the application of any person interested in the appraisal of such damage, on ten days' notice in writing to the opposite parties of the time and place of making such application. This act sball not be construed to impair or abridge any pri