1851.-CHAPTER DXIV. AN ACT in relation to the Justices' Courts in the City of New York, and to amend " an act in relation to Justices' and Police Courts in the City of New York," passed March 30, 1848, and as the same has been amended.-Passed July 11, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. The common council of the city of New York, shall provide the respective clerks of the justices' courts of said city with a seal, with the arms of the state engraved in the centre thereof, with the inscription, "Justice's Court, first district, (or whatever district it may be,) New York city," which seal so furnished shall be the official seal of such courts. But nothing herein contained shall authorize said courts to issue certificates of naturalization. Seal. to take tes SEC. 2. It shall be lawful for the justices of each of said courts Commission to issue commissions to take the testimony of witnesses residing out timony. of the city and county of New York, to be read on the trials of actions pending in such courts, in the same manner as justices of the peace are now by law authorized to do. same, tice may SEC. 3. In case of the sickness, inability or absence of the justice Either jusof either of these courts from the usual place of holding the hold court. it shall be lawful for any other of the justices to hold such court, with the like power as the justice elected to hold the same. executions. SEC. 4. Executions may be issued on judgments rendered in these Issuing courts at any time within five years after the rendition thereof, returnable not less than twelve, nor more than twenty days from the time of the issuing of the same. SEC. 5. It shall be the duty of the clerk of each of these courts, Fees. to collect and receive all of the fees thereof, and to account for and pay them into the city treasury monthly, under oath, on the first day of each and every month, or within three days thereafter, and the salary of such clerk shall not be paid until he shall have so accounted and paid, and he shall perform no service until he shall have received the legal fees therefor. The justices of these courts shall not receive to their own use any of the fees thereof, nor shall they exercise any control over the same. of justices and SEC. 6. Section nine of "An act in relation to justices' and police Salaries courts in the city of New York," passed March 30, 1848, is hereby clerks. repealed, and for the increase of duties hereby created, the board of Election justices. Election, how duated. of supervisors of the city and county of New York, are authorized to increase the salaries of the justices and clerks elected and appointed under that act, or who may be hereafter elected and ap pointed under this act, the same to be paid out of the city treasury on the first day of each month, and the salaries thus fixed shall not be increased or diminished during the term for which they are elected and appointed. The salaries of such justices and clerks shall continue to be the same as now fixed by law until the same are increased as aforesaid. of SEC. 7. There shall be elected, at the next general election, to be held on the first Tuesday after the first Monday of November next, and once in every six years thereafter, by the electors of each of said districts, a justice to hold the court therein. Such justice shall enter upon the performance of his duties on the second Tuesday of May, in the year one thousand eight hundred and fifty-two, and hold his office until the thirty-first day of December, in the year one thousand eight hundred and fifty-seven, and thereafter he shall enter upon the performance of his duties on the first day of Janu ary succeeding his election, and his term of office shall be for six years. The clerks of these courts hereafter appointed shall enter upon the performance of their duties at the same time, and shall hold their offices for the same period as the justices to be elected under this act. con SEC. 8. All provisions of law, in relation to general elections in the city of New York, and the notices thereof, shall apply to the election of the justices of these courts, and each of said justices shall be voted for on a separate ballot, to be indorsed "district court," which shall be deposited in a box to be provided by the common council for that purpose. SEC. 9. All acts and parts of acts inconsistent herewith are hereby repealed. 1851.-CHAPTER DXV. AN ACT to prohibit the sale of Firewood in the City of New York by Unlicensed Persons.-Passed July 11, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. No person other than a licensed cartman shall sell or expose for sale in any of the streets of the city of New York, any firewood of any description. SEC. 2. The mayor, aldermen and commonalty of the city of New York, in common council convened, are hereby authorized to declare offences against the provisions of this act to be misdemeanors, and to prescribe punishments therefor, by a fine of not more than ten dollars, and imprisonment in the city prison of not more than five days. SEC. 3. The justices of the assistant justices' courts of said city, shall have jurisdiction to hear and determine all complaints arising under this statute. 1851. CHAPTER DXVI. AN ACT to provide for the Appointment of an Additional Number of Commissioners of Deeds in and for the City and County of New York.-Passed July 11, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. The common council of the city of New York are hereby authorized to appoint seventy-five commissioners of deeds in and for the said city, in addition to the number now authorized by law, so that the number of said commissioners for said city shall be two hundred and twenty-five. SEC. 2. The first appointments made under this act, shall be made on or before the first day of August next, and the persons so appointed shall hold their offices for two years from the date of such appointment, and until others shall be appointed in their places. SEC. 3. This act shall take effect immediately. 1851. CHAPTER DXXII. AN ACT to authorize the Erection of Steam Saw Mills of Wood, on the North River, between Twenty-seventh and Twenty-eighth Streets in New York City, and between Thirtieth and Thirty-first Streets.Passed July 11, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. Nothing contained in the act, entitled "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, or the act amendatory thereof," passed April 4, 1849, shall be construed so as to prevent George Colyer and Thomas Dugard from erecting a wooden building, to be used as a steam saw mill on the North river between Twenty-seventh and Twenty-eighth streets, upon land covered with water: Provided, Nothing in this act be construed so as to prevent the removal of said building, whenever the mayor, aldermen and commonalty of said city shall decide to extend any avenue over or near the ground occupied by the same. SEC. 2. This act shall take effect immediately. Commission ers, how appointed. Notice. 1851.-CHAPTER DXXIX. AN ACT relative to the Powers and Duties of the Mayor, Aldermen and Commonalty of the City of New York, in the matter of taking possession of and laying out Certain Lands for a Public Park in the 19th Ward of the said City.-Passed July 11, 1851, “threefifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. It shall be lawful for the mayor, aldermen and commonalty of the city of New York, whenever they shall judge proper, to cause application to be made to the Supreme Court in the first judicial district, at a special term thereof, for the appointment of commissioners for the purpose of performing the duties hereinafter prescribed, and upon such application, it shall be lawful for the said court to whom such application shall be made, to nominate and appoint five discreet and disinterested persons, being citizens of the said city, commissioners of estimate, for the purpose of per forming the duties hereinafter prescribed. Notice of such intended application shall be published for at least two weeks in the corporation newspaper, which said commissioners, before they enter upon the duties of their appointment, shall severally take and subscribe an oath or affirmation before some person authorized to administer oaths, faithfully to perform the trust and duties required of them by this act; which oath or affirmation shall be filed in the clerk's office of the city and county of New York; and it shall be the duty of the said commissioners, as soon as conveniently may be, after their appointment, to make just and true estimates of the loss and damage to the respective owners, lessees, parties and persons respectively entitled unto, or interested in the following lands, of lands to to contain. tenements and premises situate in the Nineteenth ward of the city of New York, that is to say; all that certain plot of ground situate Description and lying between the Third avenue and the East river and Sixty- be taken. sixth street and Seventy-fifth street, and also all that certain other plot of ground situate and lying between Avenue A and the East river and Sixty-fourth street and Sixty-sixth street, together with the tenements, hereditaments and premises, or the appurtenances, privileges or advantages to the same belonging or in any wise appertaining, by, and in consequence of relinquishing the same to the said, the mayor, aldermen and commonalty of the city of New York, and to report thereon to the said Supreme Court without unnecessary delay; and in the said report, shall be set forth the names of Report what the respective owners, lessees, parties and persons entitled unto or interested in the lands, tenements, hereditaments and premises before mentioned, or in the appurtenances, privileges or advantages to the same belonging or in any wise appertaining, and each and every part or parcel thereof, as far forth as the same shall be ascertained by them, and an apt and sufficient designation or description. of the said lots or parcels of land, tenements, hereditaments and premises, or the appurtenances, privileges or advantages to the same belonging or in any wise appertaining: but in each and every case and cases where the owners and parties interested in their respective estates and interests, are unknown or not fully known to the said commissioners, it shall be sufficient to estimate and set forth, and state in the said report in general terms, the respective sums to be allowed and paid to the owners and proprietors generally, of such lands, tenements, hereditaments and premises, or the appurtenances, privileges and advantages to the same belonging, or in any wise appertaining, for the loss and damage to such owners, proprietors and parties interested, in respect to the whole estate and interest of whomsoever may be entitled unto or interested in the said lands, tenements, hereditaments respectively, or in the appurtenances, privileges or advantages to the same belonging or in any wise appertaining, by, and in consequence of relinquishing the same to the said, the mayor, aldermen and commonalty of the city of New York, without specifying the names or the estates or interests of such owners, proprietors and parties interested, or of any or either of them, and upon the coming in of the said report, signed by the said commissioners, or any three of them, the said court shall, by rule or order, after hearing any matter which shall be alleged against the same, either confirm the said report, or refer the same back to the said commissioners for revisal and correction, or to new commissioners to be appointed by the said court, to reconsider the subject matter thereof, and the said commissioners to whom the said report shall be referred, shall return the said report |