Size of barrel. CHAP. 573. AN ACT to amend an act entitled "An act to regulate the size of apple, pear and potato barrels," passed May twelfth, one thousand eight hundred and sixty-two. PASSED June 9, 1875; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter one hundred and seventyeight, of the laws of eighteen hundred and sixty-two, entitled, " An act to regulate the size of apple, pear and potato barrels," is hereby amended so as to read as follows: § 1. A barrel of apples, quinces, pears or potatoes shall represent a quantity equal to one hundred quarts of grain or dry measure, and all persons buying or selling those articles in this State, by the barrel, shall be understood as referring to the quantity specified in this act. And any person or persons in this State who shall make, or cause to be made, barrels holding less than the quantity herein specified, knowing, or having reason to believe, that the same are to be used for the sale of apples, quinces, pears or potatoes; or who shall use barrels hereafter made, for the sale of those articles, of a size less than the size expressed in this act, shall be subject to a fine of five using, pen- dollars for each and every offence, to be sued for and recovered by any person aggrieved thereby for the use of the poor of the town or county, as the case may be. Barrels alty for. Penalty, how recovered. Justices of § 2. In any action arising for violations of the provisions of this the peace have juris- act, any justice of the peace in the county where the violation of diction. this act shall have been committed shall have jurisdiction to try and determine the same. § 3. This act shall take effect on the first day of January, one thousand eight hundred and seventy-six. [See § 2869, subd. 4, ante, page 7. Where the special act does not limit the action to the town where the offence is committed, § 2862, ante, page 3, will define the jurisdiction. See L. 1875, ch. 215; L. 1877, ch. 451; L. 1878, ch. 49, 220 and 237; L. 1880, ch. 439, etc.] CHAP. 71. AN ACT relating to actions brought by the mayor, aldermen and commonalty of the city of New-York, to recover penalties for violations of corporation ordinances and the collection thereof. PASSED March 11, 1879. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: for penal ties in N. Y.city. SECTION 1. All actions which may hereafter be brought or com- Actions menced by or on behalf of the mayor, aldermen and commonalty of the city of New-York, to recover a penalty or fine for a violation of any corporation ordinance, where the amount of such penalty or fine shall not exceed the sum of two hundred and fifty dollars, must be brought in a district court in the city of New-York, held in the judicial district in which the violation of such corporation ordinance happened or occurred, and the justice of the same judicial district may direct any of the city marshals to collect the payment and make return, in the same manner as now provided by law. 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 3. This act shall take effect immediately. Bond to authorize of canal § 23. Whenever an action shall be brought to recover any penalty imposed by law for taking any rails, boards, planks or staves, from detention the banks or vicinity of a canal, in which a justice is authorized to boats. direct the detention of any canal boat, he shall not indorse such direction on any warrant, unless a bond, as prescribed in the next section, shall be executed and delivered to such justice. Its penalty tion. § 24. Such bond shall be in the penalty of at least one hundred dollars, with one or more sureties, to be approved by such justice, and condiconditioned that such action shall be prosecuted to judgment with all convenient speed, and that if judgment be rendered in favor of the defendant, the obligors will pay the costs and charges which shall be adjudged against the plaintiff, and all damages which may This title extended ensue from the detention of such boat and the cargo thereof, and the crew navigating the same. [The preceding sections 23 and 24 are 2 R. S., 229, §§ 23, 24 (2 Edm., 245). See 1 R. S., 247 (1 Edm., 247).] § 231. The several provisions of this title, so far as the same to certain may be applicable, shall apply to the justices' courts in the cities of special courts. Albany, Hudson and Troy, respectively, except in those cases where Agents, etc., to de up Proceedings to recover books, etc., of canal employees. § 183. It shall be the duty of every agent, toll collector, lockbooks, etc. keeper or superintendent, employed on any canal, and occupying any house, office, building, or land, belonging thereto, who shall be discharged from his employment; and of the wife and family, of every such person, who shall die in such employment; to deliver up the possession of the premises so occupied, and of all books, papers, matters or things belonging to the canals, acquired by virtue of his office, within seven days after a notice shall have been served for that purpose, by the acting canal commissioner. Proceedings to compel delivery. [1 R. S., 249, § 183 (1 Edm., 250).] § 184. In case of a refusal or neglect to make such delivery, in either of the above cases, it shall be the duty of any justice of the peace, in the county where such premises shall be situate, upon application, to issue his warrant under his hand and seal, ordering any constable or other peace officer, with such assistance as may be necessary, to enter upon the premises so occupied, in the day-time, and remove therefrom all persons found in possession thereof, and to take into his custody all books, papers, matters and things there found, belonging to the canals, and to deliver the same to the acting canal commissioner, or his authorized agent; and the officer to whom such warrant shall be delivered, shall execute the same according to its purport. [Id., § 184.] Actions, etc., by or against towns. ings to try controver between SECTION 1. Whenever any controversy or cause of action shall Proceedexist between any towns of this State, or between any town and an sies individual or corporation, such proceedings shall be had, either at towns, etc. law, or in equity, for the purpose of trying and finally settling such controversy, and the same shall be conducted in like manner, and the judgment or decree therein shall have the like effect, as in other suits or proceedings of a similar kind, between individuals and corporations. [8 B., 625; 1 D., 510.] to sue. to on super § 2. In all such suits and proceedings, the town shall sue or be Town, how sued by its name, except where town officers shall be authorized by law to sue in their name of office, for the benefit of the town. § 3. In all legal proceedings against towns by name, the first pro- Proceed cess, and all other proceedings requiring to be served, shall be served visor. on the supervisor of the town; and whenever any such suit or proceeding shall be commenced, it shall be the duty of the supervisor to attend to the defence thereof, and to lay before the electors of the town, at the first town-meeting, a full statement of such suit or proceeding, for their direction in regard to the defence thereof. ants, when Actions in town may favor of a be brought before a § 4. On the trial of every action in which a town shall be a party Inhabit or be interested, the electors and inhabitants of such town shall be competent witnesses and jurors. competent witnesses and jurors, except that in suits and proceedings by and against towns, no inhabitant of either town shall be a juror. § 5. Any action in favor of a town, which, if brought by an invidual, could be prosecuted before a justice of the peace, may be prosecuted by such town, in like manner, before any such justice; but no action to recover a penalty given to a town, shall be brought before any of the justices of the peace residing in the town, for the benefit of which the same is prosecuted; but all such actions may be brought before any one of the justices of the peace residing in any other town in the same county. [6 H., 59.] justice. for penal § 6. Whenever any action shall be brought to recover a penalty, Actions imposed for any trespass committed on the lands of a town, if it shall ties for appear, on the trial thereof, that the actual amount of injury to such on town trespass lands. Costs. Judgments, when a town charge. town lands, in consequence of such trespass, exceeded the sum of twelve dollars and fifty cents, then the amount of the actual damage, with costs of suit, shall be recovered iu such action, instead of any penalty for the same trespass, imposed by the town-meeting; and such recovery shall be a bar to every other suit for the same trespass. § 8. In all suits or proceedings prosecuted by or against towns, or by or against town officers in their name of office, costs shall be recoverable as in the like cases between individuals. Judgments recovered against a town, or against town officers in actions prosecuted by or against them in their name of office, shall be a town charge, and when levied and collected, shall be paid to the person to whom the same shall have been adjudged. [The preceding sections 1-6 and 8 are 1 R. S., 356, 357, §§ 1-6 and 8 (1 Edm., 329); 6 H.. 463. See § 1926-1931, ante, pages 307–309; and §§ 2991 and 2992, page 61, ante.] In what name to act. Controversies with Actions, etc., by or against counties. § 3. All acts and proceedings by or against a county in its corporate capacity shall be in the name of the board of supervisors of such county. [Part of 1 R. S., 364, § 3 (1 Edm., 337).] SECTION 1. Whenever any controversy or cause of action, shall counties, exist between any of the counties of this State, or between any such like those between Individu- county and an individual or individuals, such proceedings shall be als, etc. had, either at law or in equity, for the purpose of trying and finally Counties when to sue and be sued in name of board of supervisors. In proceedings against supervi settling such controversy, and the same shall be conducted in like manner, and the judgment or decree therein shall have the like effect, as in other suits or proceedings of a similar kind between individuals and corporations. [12 N. Y., 63; 2 S. S. C., 471; 26 W., 69; 14 B., 52.] § 2. In all such suits and proceedings, the county shall sue or be sued in the name of the board of supervisors thereof; except where county officers shall be authorized by law to sue in their name of office, for the benefit of the county. [5 N. Y., 66; 19 How. P. R., 373; 21 How. P. R., 182.] § 3. In all legal proceedings against the board of supervisors, the first process, and all other proceedings requiring to be served, shall |