the cause of such tion be not any such removal, another clerk shall, upon like nomination, be appointed as aforesaid, and it shall be the duty of said clerk to attend at such office during said office hours. The common council, at the request of a majority of the whole number of the representatives of said fire department, may remove any of said fire wardens from office for incapacity or neglect of duty. Provision if Sec. 30. If such cause of violation shall not be removed within viola- the time limited in such notice, the Supreme Court of the state of removed. New York, and the Court of Common Pleas for the city and county of New York, shall respectively, in addition to the power of enforcing the penalties as now provided by law, and as provided by this act for such violation, have power and jurisdiction, in an action to be brought by the said fire department, to restrain by injunction, the further erection, building, raising, altering, enlarging or building upon, such dwelling-house, store, store-house, building, ash hole, ash-house, wooden shed, wooden building or frame building, and also to adjudge and decree that such dwelling-house, store, store-house, building, ash hole, ash-house, wooden shed, wooden building or frame building, whether erected, built, raised, altered, enlarged, removed or built upon, or in the course of erection, building, raising, altering, enlarging, removing or of being built upon, shall be taken down and removed. Duty sheriff. By-laws. Compensa of tion of fire wardens. How paid. Repeal. SEC. 31. It shall be the duty of the sheriff of the city and county of New York, to execute such decree, upon receiving a certified copy thereof. SEC. 32. The said fire wardens shall have power to make such by-laws for their own government, as shall not be contrary to law, or to the ordinances of the corporation of said city, and as shall be approved of by said representatives. SEC. 33. [Amended by sec. 4, chap. 120, Laws of 1850, and further amended by chap. 542, Laws of 1853, to read as follows:] The compensation of said fire wardens shall be fixed by the common council of said city of New York, at a sum not exceeding five hundred dollars per annum to each fire warden, and shall, as well as the salary of said clerk, and the rent of said office, and the expense of fuel and stationery, be paid by the comptroller of said city, by warrants, quarterly; and the board of supervisors of the city and county of New York shall have power to raise, by tax, a sum necessary to defray the same. SEC. 34. All laws and parts of laws heretofore passed, inconsist ent with the provisions of this act, are hereby declared to be rcpealed; but such repeal shall not affect any suit or prosecution commenced, or penalty or offence incurred or committed, previous to the first day of June next; but every such suit or prosecution may lawfully proceed; and every such penalty or offence be demanded, prosecuted, recovered or punished, as the case may be, as if the said laws, and parts of laws, hereby repealed, had remained in full force. to be published. SEC. 35. This act shall take effect on the first day of June next; Act and the common council shall publish this act once a week in every paper employed by them, from thirty days after the passage thereof, until that day. 1849.-CHAPTER XC. AN ACT to enable the Mayor, Allermen and Commonally of the City of New York to extend the Croton Water Works.-Passed March 12, 1849, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: by SEC. 1. It shall be lawful for the mayor, aldermen and common- Money to be alty of the city of New York to raise by loan from time to time, in loan. such amounts as they may deem necessary, a sum not exceeding six hundred thousand dollars, by the creation of a public fund or stock, to be called "the water stock of the city of New York of the year one thousand eight hundred and forty-nine," which shall bear an interest not exceeding five per cent. per annum, and which shall be redeemable at a period of time not less than twenty nor more than fifty years after the passage of this act. each share SEC. 2. It shall be lawful for the said mayor, aldermen and com- Amount of monalty, to determine what shall be the nominal amount or value to be fixed. of each share of the said stock, and of what number of shares the same shall consist, and they are hereby authorized to sell and dispose of such shares at or above the par value thercof, either at public auction or private sale, or to raise the said sum by subscriptions for such stock in the mode in which such stocks are usually subscribed for. specting SEC. 3. All the provisions of the law heretofore passed pledging Provision rethe faith of the city of New York, and providing a sinking fund for sinking fund the redemption of the stock issued by virtue thereof, are hereby made applicable to the stock issued in pursuance of this act. SEC. 4. The moneys to be raised by virtue of this act shall be applied and expended to and for the purpose of purchasing ground if necessary or expedient, of building an additional reservoir, of laying new mains, and increasing the supply of water in the city. Two justices to be elected how Votes, canvassed. fice, &c. 1849.-CHAPTER CXLIV. AN ACT in relation to the Marine Court of the City of New York.- The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. Two justices of the Marine Court of the city of New York, shall be elected by the electors of the city and county of New York, at the next ensuing charter election in the said city, and once in every four years thereafter, at the annual charter elec tions; the said justices shall be voted for on the same ballot; but such ballot shall be separate and distinct from any other ballot voted at the same election; shall be designated on the inside thereof, "For Justices of the Marine Court;" and shall be indorsed "Marine Court," and shall be deposited in a separate box to be designated "Marine Court;" but the omission of either of such designations or indorsement, shall not vitiate any ballot, provided the same shall be found in the appropriate box. SEC. 2. The votes for such justices shall be canvassed and certified in the same manner as the votes for register and clerk of the city and county of New York are canvassed and certified, and a certificate thereof shall also be filed with the secretary of state. Tenure of of- SEC. 3. The justices to be elected at the next ensuing charter election, shall hold their offices for four years, and shall enter on their duties on the second Tuesday of May after their election. The present justices and clerk of the Marine Court are hereby required, on the second Tuesday of May, one thousand eight hundred and forty-nine, to deliver to the justices who may be elected under this act, all the official papers, records and documents in their pos session, or under their control as such justices and such clerk, and all papers, records and documents, connected with any suit, action or proceeding, which shall then be pending and undetermined in the said court; and the justices elected under this act are hereby authorized to receive and demand the same. And such suits, actions and proceedings, so pending and undetermined, shall be continued before the said justices so elected, with the same effect and virtue as though before the present justices of said Marine Court; and all judgments rendered may be executed by process to be issued by said justices. Said justices shall also issue an execution in any suit or action in which a judgment may have been duly entered, and in which an execution might have issued if this act had not passed. In case of the death, or resignation, or vacancy arising from any other cause, of either of said justices or clerk, the board of supervisors of said city shall immediately appoint some suitable person to fill the residue of the term thus vacant. to be ap SEC. 4. There shall be appointed by the supervisors of the city Clerk, how and county of New York, a clerk of the Marine Court hereby es- pointed. tablished by this act, and who shall hold his office for four years from the second Tuesday of May next, unless sooner removed for cause. accounted SEC. 5. Each of the justices and the clerk shall, on the first day Fees to be of every month, or within three days thereafter, account under for. oath for all fees and perquisites, if any, of every kind and description, received by him by virtue of his office, directly or indirectly, and pay the same into the treasury of the city of New York; and, upon such return being made, the justice or clerk making the same shall be entitled to receive his compensation for the period included in such return, at the rate herein directed to be fixed. No justice or clerk shall perform any service for which a fee is allowed by law, until such fee is paid for the use of the city as aforesaid. of justices and SEC. 6. The justices and the clerk of the Marine Court, shall Salaries each receive an annual compensation to be fixed by the common clerk. council of the city of New York, and which shall not be increased or diminished during their continuance in office, and which shall be in lieu of all fees or other perquisites; and upon such compensation being so fixed, all provisions of law providing for any other compensation, are therefrom repealed. The compensation of the clerk, to be fixed as herein provided, shall be in full satisfaction of all assistance which it may be necessary for him to have in the discharge of the duties of the office. SEC. 7. The justices and clerk of the Marine Court, whose elec- Their tion and appointment are provided for by this act, shall have and ers. possess the same powers and perform the same duties as the justices and clerk of that court now have and possess and perform; but section one hundred and seven of an act to reduce the several laws relating to the city of New York into one act, passed April 9th, 1813, is hereby repealed. pow to perform labors and duties. Each Justice SEC. 8. Each justice shall perform his equal share of the labors his share of and duties of the office, so that at ten o'clock in the morning of each day, (except Sundays, the usual holidays, and other days upon which the inhabitants of the city may generally refrain from business,) the justices shall be in attendance, and who shall remain until the calendar for the day, of causes set down for trial, shall be disposed of, or such time as may be reasonable, and one justice until four o'clock in the afternoon. No justice, while at the rooms of the court, not actually engaged in the discharge of other duties of his office, shall refuse to consider and act upon any application for his official action which may properly be made to him. Provision in case of misconduct or neglect tices. of cease. SEC. 9. In case the board of supervisors of the city and county of New York, shall at any time be satisfied that any justice of the duty in jus- Marine Court has been guilty of corruption or gross misconduct while in office, or habitually neglects to perform his share of the duties of the office as herein required, or has become incapacitated for the proper discharge of such duties, the board, by a vote of a majority of its members, shall suspend such justice from the exercise of the duties of his office, and direct that his compensation The board of supervisors shall therefrom without delay present a statement of the causes of its action to the Superior Court of the city of New York, and have a copy thereof served upon the justice affected thereby. The Superior Court shall appoint as early a day as may be practicable for hearing the matter, notice of which day shall be served upon such justice, and proceed with all reasonable dispatch to hear the parties and the testimony they may offer, and shall therefrom make such order conformably to law, equity and good morals, either restoring such justice to the full enjoyment of his office with all its powers, duties and benefits, or removing him therefrom, as the facts proven may seem to require, assigning the causes for any removal in the order therefor. be suspend ed. SEC. 10. The justices shall have power to suspend the clerk for corruption or gross misconduct while in office, improper behavior to the court, neglect of the duties of his office, or incapacity to per form the same; and also to designate a person to act as clerk until the matter is inquired into and decided. The justices shall immediately present a statement of the causes of this action to the Superior Court of the city of New York, and the said court shall proceed thereupon in the same manner as herein provided in relation to a justice under suspension. If an order shall be made for the removal of the clerk, the mayor of the city shall designate a person to act as clerk until the vacancy in the office shall be filled. SEC. 11. From and after the first day of May next, the following |