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filing to be given.
Appeals to the general term may adjudge. Upon any appeal from the
general term to the court of appeals, in such abatement suit, the provisions hereof as to appeals from the judgment to the general term, and as to security on appeal, shall, in all particulars, including the length of time given in which to take
an appeal, apply; and no change in the code of procedure or change in otherwise hereafter to be made, though in subject-matter approcedure plicable to said abatement suits, shall be construed to modify
the aforesaid or other provisions of the health laws, as to any suits thereunder, unless such act shall specifically declare such modification to be intended.
9. Upon the execution in whole or in part of any such of execut- judgment (if said board shall, as it is hereby authorized to ing to be do, decide the public interest to demand only execution in and üled. part thereof) a statement of the expenses of such execution
shall be made, and such expenses shall be therein apportioned not contrary to any provisions of said judgment; and upon the same being verified by the oath of some person who by due authority took part in or had charge of the execution of such judgment, or by some officer of said board, such state
ment, entitled in the case, may be filed or given to the proper Notice of clerk to be filed with such judgment; and notice of such
filing or delivery, and a copy of such statement, shall be given to the attorneys of the defendants in the suit, or to the defend
ants themselves, or to some one of the joint defendants; and statemente unless within ten days after any such notice, such defendants
shall give due notice in writing to said board, or to the person who as assignee or by order executed such judgment or is entitled to payment of such expense (in case it was not executed by said board), of a motion, and serve therewith copies of affidavits to correct such statement in particulars to be mentioned, and separately and clearly stated in such affidavit, such statement aforesaid shall be, in all suits and
proceedings and tribunals, and at all times, deemed and taken
to be final, conclusive and correct; and no formal defect in Proceed- such statement shall in any wise vitiate the same. And on hearing of any hearing of such motion, any party in interest, or said notion to board, may read affidavits in support of such original statestatement. ment; and the finding of any judge on the hearing of such
motion, as to the said statement of such .expenses and other matters in such motion involved or statement contained, shall be final and conclusive and not subject to appeal ; and such finding or statement as modified by such finding, when filed, shall be of the same effect as such original statement would
have been had no motion in regard thereto been made; and Finding to for the purpose of an execution for such expense, and creatjudgent. ing a lien under any judgment, such statements and finding
or modified statement shall be regarded as a part of said judgment, and the lien thereof shall extend to any amounts stated in such final statement and finding.
Judge's finding final. Effect of modified finding.
execution for costs,
10. For the proportion and amounts, as authorized by such When exejudgment, and contained in such finding or in such statement be issued or modified statement, when either of the same shall have what. become final as aforesaid, said board or any assignee of such board, or any other person who has executed such judgment, or has otherwise a right to receive the expense of so doing (or the portion thereof that may be due from any defendant), shall have execution, on such execution being allowed ex parte, by a judge of the court in which any judgment was recovered (and such execution shall, in due form, be allowed by any such judge); such execution to be against any one or more Against defendants or joint defendants for the recovery of any amount cution to due from such defendant or defendants, which the party claiming such execution is entitled to receive; and such execution, except as herein especially provided, shall be of the same effect and form as any execution duly issued pursuant to any judgment. But no execution shall be issued against any defendant No execufor less than the whole sum due from such defendant, or for less than less than he should be liable to pay in such suit; but any sum que. adjudged against any defendants or defendant, in any such separate abatement suit for penalties, costs, or for other cause than the expense of the abatement or remedying of such nuisance, penalty, may be collected by separate or other executions (than those authorized for collecting such expenses) to be issued in due course of law.
11. In any abatement suit aforesaid, the court, or judge When prethereof, may issue and enforce an appropriate preliminary injunction injunction, whenever it shall be asked for pursuant to an granted. order of said board of health, by affidavit, and there shall appear to such judge to be reasonable cause therefor; and on what such injunction may also be granted whenever it shall be made to appear to the court or a judge thereof, by affidavit, that such injunction is needed to prevent any illegal act, conduct or business aforesaid, or its continuance, or to prevent serious danger to human life or serious detriment to health, or great public inconvenience touching any matter or thing to which this act or the health laws aforesaid relate.
And in What inany such injunction order the court may require any build- order to ing, erection or grounds to be put in condition that will not be dangerous to the life or detrimental to the health of any occupant before the same shall be leased or rented or occupied or before any rent or compensation shall be collected for the rent or use of the whole or any portion of the same. In any Court may such injunction order, and also in any judgment in any abate- to be paid ment suit, the judge or court may require the tenants, lessees and occupants (or either or any of them) of any such building, erection or grounds to pay the rent thereof (or compensation therefor), due or to grow due, to said board, and said board to collect and receive the same, and to apply said rent to pay the expenses of putting any said building, erection or
taking on injunction.
Howey to ground in a condition that will not be dangerous to the life be applied. or detrimental to the health of any present or future tenant,
lessee or occupant, or of any other persons; all such collections and payments to be made in such manner, to such extent and on such conditions as any such order or judgment may
provide ; and every such payment to said board, and the to be adis receipt of its treasurer for such rent or compensation, shall
be as effectual to protect any person who has made the same, and every such tenant, lessee and occupant, and all his and their rights under any lease or occupation, as if such payment had been made to and such receipt had been given by any lessor or owner, or any proper claimant of any such rent or
compensation, who had, but for such order or judgment, the inden: right and authority to receive the same. (But no undertaking
or security shall be required or necessary, on the part of said board, as a condition of granting such injunction, or the same
being effectual ; and in any final judgment in such suit there final judg- may be enjoined whatever, if about to happen or threatened,
would be the proper subject matter of a preliminary injuncTrial may tion.) And when the public interest seems to the court to be expedi
require a speedy trial or hearing of any such suit or appeal therein, it shall be the duty of any judge of any court aforesaid, or of the court to whom application by said board may be properly made, to cause such suit or appeal to be brought to a speedy trial (and before it would otherwise be reached for trial or argument in due course on the calendar), as the judge or court may by special order direct.
12. In so far as any judgment may be directed to be exeCurred by cuted at the expense of said board of health, or by any party
defendant at his own expense, and shall by such party defendant be so executed, the expense of such execution shall not be stated or embraced in the aforesaid statement or finding of expenses; but if any part of the execution aforesaid, which any party should have borne or paid, shall (by reason of the delay, refusal or defective act or execution of such party, or any other cause) be paid, borne or incurred by said board of health, in and about the execution of such judgment, then the said latter expenses of said board may be embraced in said' statement and finding, and collected by execution as aforesaid.
13. Whatever expenses said board of health may lawfully by board in and properly incur in the execution of any judgment aforepobe faitha said, or in executing or in connection with its own orders,
made in good faith, or in and about the discharge, in good faith, of its supposed duties, or in satisfying any liability or judgment it may have in good faith incurred or suffered by reason of its acts done in good faith as aforesaid, or in satisfying any claim against its officers or subordinates, arising from their acts in the discharge in good faith of their supposed respective duties, shall, so far as established, be paid out of
As to expenses in
from its funds.
limitation. to action. Service of
its fund or other moneys, and shall be apportioned, assessed, collected and paid as is provided in the health laws aforesaid in respect to the expenses of said board ; and such sums paid Such exor recovered under this act shall not be included in or con- covered by sidered as a part of that class of the expenditures of the board in respect to which there is or may be a specific limitation as to amount.
$7. No member, officer or agent of said board of health, and Members no person (but only the board itself) shall be sued or held to lia- of board bility for any act done or omitted by either person aforesaid (in ally liable. good faith and with ordinary discretion) on behalf of or under said board, or pursuant to its regulations, ordinances or said health laws. And any person whose property may bave been Board liablo mostly or illegally destroyed orinjured, pursuant to any order, regulation or ordinance or action of said board of health, or its officers, for wbich no personal liability may exist as aforesaid, may maintain a properaction against said board for the recovery of the proper compensation or damage to be paid by and from the funds of said board of health. Every such suit must be must be brought within six months after the cause of action arose, and williinix the recovery shall be limited to the damages suffered. And mouths. there shall be the same right to sue and recover against said he recover board (the amount to be paid from its funds) when no security undertakor undertaking is given by the board on appeal, or the grant- ing given. ing of an injunction, that would have existed (pursuant to the foregoing provisions) to sue and recover of any party to such undertaking, had the same been duly executed by any such party and board, and duly approved and filed, according to the practice in analogous cases.
$ 8. Said board of health may sue or be sued in and by its Name of proper name, as “The Metropolitan Board of Health," and bourd. 1jot in and by the name of the members of said board or any of them; and service of all process in suits and proceedings against or affecting said board, and other papers, may be made upon the president of said board or upon its secretary, and not otherwise ; except that, according to usual practice in other suits, papers in suits to which said board of health is a party, may be served on its attorney. But when a party plaintiff or defendant to a suit (or otherwise designated in any manner, in its capacity as a board of excise), said board of health shall be designated in said capacity, and said board Name of of excise shall hereafter be known and described as “ The Metropolitan Board of Excise,” and only by such last name shall it or its members sue or be sued.
S 9. No preliminary injunction shall be granted against the no injuncmetropolitan board of health, or of police, or its or their for en officers, or against the commissioners of said boards in their cept by sucapacity as a board of excise, or against the last-named on notice. board, except by the supreme court, at a special or general term thereof, after service of at least eight days' notice of a
board of excise.
$ 6, clap. 686, law of 1866 amended.
What to embrace.
Amount which may be
motion for such injunction, together with copies of the papers on which the motion for said injunction is to be made.
$ 10. The sixth section of the six hundred and eighty-sixth chapter of the laws of eighteen hundred and sixty-six is
hereby amended by substituting the word "burthensome" in Code of or- place of the word "stringent,” therein contained. The "code
of health ordinances," mentioned in such six hundred and eighty-sixth chapter, shall hereafter be designated as the "code of sanitary ordinances," and the same may embrace all matter and subjects to which and so far as the power and authority of said board of health extends; nor shall any thing in said acts be construed as limiting their application to the subject of health only; and said ordinances may re.
spectively be designated as or include rules and regulations. When to be Hereafter said code shall be published once only in any week,
and for two weeks only in the aggregate, in any one year;
and it shall not be necessary to publish any portion of said To whats code which has remained inaltered since its last previous 13, in us of publication. The twenty-ninth section of the twenty-fourth Cabappli- chapter of the laws of eighteen hundred and sixty-six sball
be deemed applicable to any case hereafter to arise, when said board may find it necessary and proper to borrow money to discharge its duties and defray its expenses, as in said section more particularly mentioned; but no more than twenty-five
thousand dollars shall be borrowed by virtue hereof, or under borrowed. said section, in any one year. The right given in the seventysue for cor- fourth and six hundred and eighty-sixth chapters of the
ląws of eighteen hundred and sixty-six to said board of health to sue for and recover, in its own name, any penalties, shall embrace any and all penalties that might before the acts aforesaid have been sued for or collected by the mayor, aldermen and commonalty of the city of New York, the city of Brooklyn, or any person (or body in either of said acts referred to), under or in respect of any law or ordinance, the power or authority given or conferred, or purporting to be exercised by, which is now possessed by said board of health.
S 11. If any person shall knowingly make to said board of births, etc. health or any officer thereof any false return, statement or
report relative to any birth, death or marriage, or other mat-, ter concerning which a report or return may be legally required of or should be made by such person; or if any member, inspector or officer or agent of said board of health shall knowingly make to said board of health any false or deceptive report or statement in connection with his duties), or shall accept or receive, or authorize or encourage, or knowingly allow any other person to accept or receive any bribe or other compensation as a condition of or an inducement for not faithfully discovering and fully reporting, or otherwise acting according to his duty in any respect, then any and every such person shall be deemed guilty of a misdemeanor,
False roturn of