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Refusal to obey regu

be a misdemeanor.

Power to enter upon premises and sup

press

6. To publish from time to time all such orders and regulations of general obligation as they shall have made, in such manner as to secure early and full publicity thereto; and to make, without publication thereof, such orders and regulations in special or individual cases-not of general application-as they may see fit, concerning the suppression and removal of nuisances, and concerning all other matters in their judgment detrimental to the public health, and to serve copies thereof upon any occupant or occupants of any premises whereon any such nuisances or other matters aforesaid shall exist, or by posting the same in some conspicuous place on such premises.

7. To issue warrants to any constable of their respective cities, villages or towns, to apprehend and remove such persons as cannot otherwise be subjected to the orders and regulations by them adopted; and whenever it shall be necessary to do so, to issue their warrant to the sheriff of their respective counties to bring to their aid the power of the county; all which warrants shall be forthwith executed by the officers to whom they shall be directed, who shall possess the like powers, and be subject to the like duties in the execution thereof, as if the same had been duly issued out of any court of record in this state.

8. To employ all such persons as shall be necessary to enable them to carry into effect the orders or regulations they shall have adopted, published and made, and the powers vested in them by this act, and to fix their compensation.

Ante, vol. 3, p. 401.

$ 2. Section four of said act is hereby amended so as to lations, to read as follows: Every person who shall willfully violate or refuse to obey any order or regulation so made and published, or any order so made and served, or posted as aforesaid, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to fine or imprisonment, or both, in the discretion of the court, such fine not to exceed one thousand dollars, nor such imprisonment two years. And in any case of non-compliance with any order or regulation which shall have been so served or posted, as provided in subdivinuisances. sion six of section three of said act as hereby amended, the said board, or its servants or employees, may lawfully enter upon any premises to which such order or regulation relates, and suppress or remove the nuisance, or to other matters in the judgment of said board detrimental to the public health mentioned in such order or regulation, and any other nuisance or matter of the description aforesaid found there existing; and the expense thereof shall be a charge upon the occupant, or any or all the occupants of said premises, and may be sued for and recovered, with costs, by said board in the name of Unsatisfied said board, in any court having jurisdiction. Whenever exeto be a lien cution upon any judgment so obtained shall have been re

Judgments

premises.

premises at

turned wholly or in part unsatisfied, said judgment, for the upon amount so unsatisfied, shall be a lien upon said premises, having preference over all other liens or incumbrances whatever. But in order to acquire such lien, such judgment, if in a court not of record, shall first have been docketed in the same place and manner as by law now required to make judgments in such courts liens upon real estate. And when- Sale of ever any lien upon any premises shall have become fixed as action aforesaid, the said board may cause the said premises to be sold at public auction, for a term of time, for the payment and satisfaction of such lien, and the expenses of such sale, giving notice of such sale for twelve weeks successively, once in each week, in one or more of the newspapers published in the city, incorporated village or town where the premises are situated, as the case may be; or if no newspaper be published in such village or town, then in the newspaper published nearest to said premises, and also serving a copy of such notice of sale personally on the owner or agent of said premises, if known, and a resident of said city, village or town, at least fourteen days previous to such sale, or by depositing the same in the post-office, directed to such owner or agent at his place of residence, if known, or the nearest postoffice thereto, at least twenty-eight days previous to such sale. And the said premises shall be sold to the person who shall offer to take the same for the shortest time, paying the amount remaining unpaid upon such judgment, with interest, and the expenses of such notice and sale. A certificate of Certificate such sale, signed by the president and countersigned by the of sale. secretary of such board, shall thereupon be made and delivered to the purchaser, and may be recorded in like manner and with like effect as deeds of conveyance of lands, and thereupon the purchaser, his heirs or assigns, shall be entitled to the possession of said premises so sold as aforesaid, and if unoccupied may immediately enter, and if occupied may have remedy against any occupant by action or by summary proceedings, as against a tenant holding over after expiration of his term; and in case the costs of such action or proceeding shall not be collected by such purchaser of the defendant therein, the same shall be a lien upon said premises, having the like preference as the lien aforesaid, and the term of the said purchaser shall be extended during a time bearing the same proportion to the original term as the amount of such costs bears to the amount paid by such purchaser on said sale. And such term shall commence when such purchaser shall have acquired possession. At any time after such sale, and within six months after the recording of such certificate as aforesaid, the owner or any lienor or incumbrancer of such premises, or of any part thereof, may redeem by paying to the purchaser the amount paid by him on such sale, and all costs and expenses he may have incurred in any action or

Salaries.

proceeding as aforesaid to obtain possession, with ten per cent interest thereon. If such redemption be made by the owner, the right of the purchaser shall be extinguished; and if such lienor or incumbrancer, the amount paid by him to redeem shall be added to his lien or incumbrance, or if he have more than one, to the oldest, and shall thenceforth partake of the nature thereof, and be collectible by any remedy adapted thereto.

Ante, vol. 3, p. 402.

S3. This act shall take effect immediately.

CHAP. 794

AN ACT to regulate and increase the salaries of certain members of the Capital police force, and to provide for the payment thereof.

PASSED April 25, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The forty-eighth section of chapter five hundred and forty-four* of the laws of eighteen hundred and sixty-five, is hereby amended so as to read as follows:

48. The one of said commissioners who shall be selected as such treasurer, shall receive an annual salary as such commissioner and treasurer of two thousand dollars; and if one of said commissioners shall be elected secretary of the board, that commissioner shall receive an annual salary of two thousand dollars; and those of the commissioners who are neither treasurer nor secretary shall each receive an annual salary of fifteen hundred dollars, and the advisory commissioners shall each receive an annual salary of one thousand dollars. The said secretary, if not one of said commissioners, shall receive an annual salary of five hundred dollars. The said super intendent and deputy superintendent shall each receive an annual salary of two thousand dollars. The salaries of the several clerks shall be fixed by said board. Each captain of police shall receive an annual salary of eleven hundred and fifty dollars. Each sergeant of police shall receive an annual salary of nine hundred and fifty dollars; but one sergeant in the city of Albany and one sergeant in the city of Troy, who may be detailed by said board to act as principal detectives, and the sergeant who may be detailed for service in the office. of the district attorney of the county of Albany, and one sergeant in the city of Schenectady, shall each receive au annual salary of not exceeding eleven hundred and fifty dol

So in original.

lars. Each patrolman of police shall receive an annual salary of eight hundred and fifty dollars, except that the patrolmen of the city of Schenectady shall receive an annual salary of six hundred and fifty dollars. The salaries as fixed by this act shall be reduced twenty per cent whenever the banks of this state resume specie payment, or gold shall be sold at par. All the salaries shall be paid monthly to each person entitled thereto, in modes to be prescribed by the rules and regulations of the board, subject to such deductions each month from the salary or pay of members of said police force as the treasurer shall make (and as he is hereby authorized to make and retain in the fund) to satisfy fines imposed on any member of said force by way of discipline or punishment, and as prescribed by the rules and regulations of said board.

Ante, vol. 6, p. 516.

for payment

§ 2. For the purpose of providing for the payment of such Provisions increased salaries, the board of police shall, from time to time, of salaries. authorize its treasurer to borrow such sum or sums as may be necessary for that purpose, and to give his obligations therefor, and the aggregate amount thus borrowed shall be apportioned and included in the first estimate and apportionment thereafter, and levied and collected as provided by chapter five hundred and fifty-four of the laws of eighteen hundred and sixty-five.

3. This act shall take effect immediately.

CHAP. 799.

AN ACT to amend the act entitled "An act for the incorporation of societies or clubs for certain social and recreative purposes," passed April eleventh, eighteen hundred and sixty-five.

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

PASSED April 25, 1867. represented in Senate

SECTION 1. Section three of the act entitled "An act for the incorporation of societies or clubs for certain social and recreative purposes," passed April eleventh, eighteen hundred and sixty-five, is hereby amended so as to read as follows:

3. The society so incorporated may elect, from its members, its trustees, directors or managers; and the trustees, directors or managers so elected may divide the whole number of trustees, electors or managers into classes, so that not less than one-fourth of their number shall be elected annually, after the first organization of any board of such trustees, directors or managers. Such elections may be held at such time and place, and in such manner as may be specified in the by-laws; and such board shall have the control and man

agement of the affairs and funds of said society, a majority of whom shall be a quorum for the transaction of business; and whenever any vacancy shall happen among such trustees, directors or managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society.

Ante, vol. 6, p. 479.

CHAP. 803.

AN ACT to amend chapter four hundred and eighty-three, of the laws of eighteen hundred and sixty-six, entitled "An act to amend an act to establish a Capital police district, and to provide for the government thereof."

PASSED April 25, 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 five of chapter four hundred and eightythree of the laws of eighteen hundred and sixty-six, is hereby amended by striking out at the end thereof the words "excepting and reserving, however, the powers and duties mentioned and created in the forty-third section thereof."

$ 2. This act shall take effect immediately.

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Central office of

CHAP. 806.

AN ACT to enable the Board of Supervisors of the county of New York to raise money by tax for certain county purposes; to extend the powers of the Metropolitan police, and to provide for the auditing and payment of unsettled claims against said county.

PASSED April 25, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 5. There shall be a central office in the city of New Metropoli. York, to be known as "the central department of the metroan police. politan police;" and there shall be a central office in the city of Brooklyn, to be known as "the office of inspector of metropolitan police." The board of metropolitan police are author ized to apply any surplus moneys which may remain from funds contributed by the county of New York to the metro politan police fund toward procuring such "central depart ment of metropolitan police in the city of New York;" and

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