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justices and

SEC. 3. The salaries of the justices and clerks of these courts and Salaries of the police justices and police clerks, shall be the same sum as clerks. fixed by the board of supervisors of the city and county of New York, by resolution passed on the second day of January, 1852.

1852.-CHAPTER CCCXXXII.

AN ACT to provide for a Speedy Investigation into the Origin of
Fires in the City of New York.-Passed April 16, 1852.

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

lice, his pow.

ers.

SEC. 1. The chief of police of the city of New York is hereby chief of poauthorized and required to make an investigation into the origin of every fire occurring in said city; and for that purpose he is hereby invested with the same powers and jurisdiction as are now possessed by the police justices of said city.

SEC. 2. This act shall take effect immediately.

1852.-CHAPTER CCCXXXIII.

AN ACT to continue in force an act to incorporate the New York Institution for the Blind, passed April 21, 1831, and to extend the benefits of said Institution.—Passed April 16, 1852.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

tinue

in

SEC. 1. The act entitled "An act to incorporate the New York Act to coninstitution for the blind," passed April twenty-first, eighteen hun- force. dred and thirty-one, shall be continued in force from and after the first day of May, one thousand eight hundred and fifty-two.

sons may be

from each

trict.

SEC. 2. The managers of the New York institution for the blind 4 blind perare hereby authorized to receive from each Senate district of this state, received four indigent blind persons between twelve years and twenty-five Senate disyears of age, in like manner and at like expense to the state as is provided by law for the indigent deaf and dumb, who, during a term of five years shall be instructed in literary or school education, and in some trade or employment now hereafter to be taught and carried on in said institution, which term may be extended two years by said managers, whenever it may be advantageous so

Those in, to

now

part of the

to do, the said managers first obtaining for that purpose the approbation of the superintendent of common schools.

form SEC. 3. The indigent blind persons now in said institution, herenumber. tofore designated by the superintendent of common schools, are to form part of the number to be admitted in said institution under this act, and may remain therein for the residue of the terms for which they have respectively been received in said institution.

Right to repeal.

SEC. 4. The Legislature may at any time alter or repeal this act

1852. CHAPTER CCCLXXIV.

AN ACT in relation to the Supreme Court of the First Judicial District.-Passed April 16, 1852, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Sittings in SEC. 1. In addition to the circuit courts now authorized by law

addition to

courts held.

now to be held in the city and county of New York, sittings for the trial

Chief judge

of all issues of facts triable by a jury, may from time to time be held in said city and county, at such times as the chief judge of the Court of Appeals may from time to time appoint.

to appoint SEC. 2. It shall be the duty of the chief judge of the Court of the sittings. Appeals, whenever applied to for that purpose by the presiding

Statutes

ble.

to

justice in the first district, to appoint so many of said sittings in any one year as he may deem necessary, to assign some justice of the Supreme Court to hold the same, and to designate the class of business which shall be noticed for and triable at said sittings; and it shall be the duty of the justice so appointed to hold the said sitting as herein provided for.

be applica- SEC. 3. All the statutes now in force in reference to circuit courts in the city and county of New York, or elsewhere, not inconsistent with this act, shall be applicable to the sitting herein provided for.

Chief judge

sit.

to assign SEC. 4. It shall be competent for the said chief judge, whenever tome justice applied to for that purpose by any one of the justices of the Supreme Court, elected in the first district, to assign some justice of that court to sit in the general or special terms in said district.

Several cir

cuits may be

sitting at the

time.

SEC. 5. It shall be lawful for several circuits to be sitting at the same same time in the city and county of New York, and for one or more circuits and the sittings to be held at the same time.

be raised by

SEC. 6. It shall be lawful for the board of supervisors of said A sum may county, to raise by tax upon said county, and pay to the justices so tax to pay as aforesaid assigned to hold any of said courts therein, such sum for expenses incurred thereby as may be proper and necessary.

expenses.

tra to justices of Su

preme Court

SEC. 7. It shall be lawful for the said board of supervisors to To pay exraise by tax upon said county, and pay to the justices of the Supreme Court, resident in the first district, such additional annual compensation as they may deem proper.

Supreme

Court to be

SEC. 8. There shall be elected in the city and county of New Justice of York at the next general election, and thenceforward at every elected for eighth successive general election, a justice of the Supreme Court, eight years. who shall hold office for eight years; such justice shall enter upon the discharge of the duties of his office on the first day of January succeeding each election. All the provisions of law relating to justices of the Supreme Court of the first judicial district, and to the mode of their election, shall apply to said justice and to the mode of his election.

1852.-CHAPTER CCCLXXXIX.

AN ACT in relation to the Marine Court of the City of New York.-
Passed April 17, 1852.

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

ces of Ma

be elected.

SEC. 1. There shall be elected at the next general election to be Three justiheld in and for the city and county of New York, on the first Tues-rine Court to day after the first Monday of November next, three justices of the Marine Court of the city of New York, and all the provisions of law in relation to the general elections in the city and county of New York, shall apply to the election of said justices.

fied by lot

are

can

SEC. 2. The justices so elected shall, immediately after the votes To be classiare canvassed, be classified by lot, to be publicly drawn by the after votes register and clerk of the city and county of New York, in the pres- vassed ence of the mayor or recorder of said city, and the certificate of such drawing and classification shall be signed by such register and clerk, and by the attending mayor or recorder, and filed in the offices of the register and clerk. The classes shall be numbered first, second and third, according to the term of service of each; the first class being that which has the shortest time to serve. The term of office of each of such justices, shall commence on the second

fice.

Tuesday of May, one thousand eight hundred and fifty-three; and the term of the justice of the first class shall expire on the thirtyfirst day of December, 1855; of the justice of the second class on the thirty-first day of December, 1857; and of the justice of the third class on the thirty-first day of December, 1859.

Terms of of- SEC. 3. After the expiration of the terms of office under such classification, the term of office of all the justices of the said Marine Court shall be six years, and one justice shall be elected at the expiration of every two years; and any vacancy occurring in the offices created by this chapter, shall be filled in the manner prescribed by law for filling vacancies in the offices of the justices of the Superior Court of the city of New York.

Clerk of Marine Court to

ed.

SEC. 4. There shall be appointed by the supervisors of the city be appoint- and county of New York, on or before the second Tuesday of May, in the year one thousand eight hundred and fifty-three, and on or before the first day of January in every four years thereafter, a clerk of the Marine Court, whose term of office shall commence on the second Tuesday of May, one thousand eight hundred and fiftythree, and hold his office until the thirty-first day of December, one thousand eight hundred and fifty-seven, unless sooner removed for cause. The clerk subsequently appointed as aforesaid, shall hold his office for the term of four years, from the thirty-first day of December next following his appointment, unless sooner removed for cause.

Compensation of justi

ces

clerk.

SEC. 5. The said justices and clerk shall each receive an annual and compensation, to be fixed by the supervisors of the city and county of New York, and which shall not be diminished during their term of office, and which shall be in lieu of all fees and perquisites, and upon such compensation being so fixed, all provisions of law providing for any other compensation, are therefrom repealed.

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SEC. 6. The words "twenty-five dollars," first occurring in the one hundred and thirty-fourth section of the act, entitled "An act to reduce several laws relating particularly to the city of New York, into one act," passed April 9, 1813, is so amended as to read "fifty dollars."

Parts of R. SEC. 7. Section ten, and subdivisions one, two, three, four, five

S. to apply

and six, and also sections eleven, twelve, thirteen, fourteen and fif teen, of chapter third, part third, and title second of the Revised Statutes, concerning criminal contempts, and all provisions of law for enforcing a compliance with said sections and subdivisions, shall apply to the Marine Court of the city of New York.

the court.

SEC. 8. It shall be lawful for the said court to issue commissions Powers to take testimony of witnesses residing out of the city and county of New York, and to be read on the trials of actions pending in said court, in the same manner as justices of the peace now by law are authorized to do, which power and authority is hereby extended so as to authorize commissions to issue out of the state of New York.

of

extended in

cases

SEC. 9. [Amended by sec. 3, chap. 617, Laws of 1853, to read as Jurisdiction follows:] In all actions commenced in said court, when the amount certain recovered shall be one hundred dollars, or more, the plaintiff, when the defendant does not appear, shall recover the sum of seven dollars, and in all such cases when an issue shall be joined, and a trial had, the sum of twenty dollars, as costs, in addition to the fees now allowed by law.

nished with

SEC. 10. The common council of the city of New York shall To be furprovide the clerk of the Marine Court with a seal, such as they a seal. deem proper, which seal so furnished shall be the seal of the said court. But nothing herein contained shall authorize said court to issue certificates of naturalization.

be post

SEC. 11. If, in any suit to be brought in the Marine Court, before Trials may the said justices, the plaintiff shall make oath that he or she cannot, poned. for the want of some material evidence or witness, safely proceed to trial, the court may, in its discretion and upon such terms as may be deemed proper, postpone the trial for such reasonable time as will enable the plaintiff to procure such evidence or witness; provided such time shall not exceed three calendar months.

SEC. 12. All former acts, or parts of acts, of the Legislature of Repeal. this state, inconsistent with this act, are hereby repealed.

1852.-CHAPTER CCCXCVII.

AN ACT to authorize the Mayor, Aldermen and Commonalty of the City of New York to issue Assessment Bonds.-Passed April 16, 1852, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

that may be

rate of in

SEC. 1. It shall be lawful for the mayor, aldermen and common- Amount alty of the city of New York to borrow, from time to time, by the issued and issue of bonds, bearing such rates of interest as they may deem terest. proper, not exceeding seven per cent. per annum, such sums as may

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