Power to Lo 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 subdivinuisance. sion six of section three of said act as hereby amended, the said enter upon premises and suppress Unsatisfled judgment to be the prem ises. 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 such board in any court having jurisdiction. Whena lien upon ever execution upon any judgment so obtained shall have been returned wholly or in part unsatisfied, said judgment, for the amount so unsatisfied, shall be a lien upon said premises, having preference over all other liens or incumbrances whatsoever. 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 whenever any lien upon any premises shall have at auction. become fixed as 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 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 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 post-office 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 Sale of premises of sale. upon such judgment, with interest, and the expenses of such notice and sale. A certificate of such sale, signed by the president and Certificate countersigned by the 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 cost bears to the amount paid by such purchaser on such 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 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. [As amended by L. 1867, ch. 190.] of boards to be a town, vil § 5. All expenses incurred by the several boards of health in the Expenses execution and performance of the duties imposed by this act shall of health he a charge only on their respective cities, villages and towns; and lage or shall be audited, levied, collected and paid in the same manner as charge; other city, village and town charges are audited, levied, collected ited and and paid. [As amended by L. 1868, ch. 671.] city how aud paid. Persons sick of disease may be removed from county poor house. § 6. Whenever any pestilence, or infectious or contagious disease infectious shall exist in any county poor-house in this State, or in the vicinity of any such county poor-house, and the physician of such county poorhouse shall certify that such pestilence or disease is likely to endanger the health of the persons boarded at such poor-house, the superintendent of such county poor-house shall have power to cause the person supported at such poor-house, or any of them, to be removed to such other suitable place in the same county as shall be designated by the board of health of the city, town or village within which such poor-house shall be, there to be maintained and provided for at the expense of the county, with all necessary medical care and attendance, until they shall be safely returned to the county poorhouse from which they were taken, or otherwise discharged. [§ 7 omitted as temporary.] Village boards and villages § 8. The city and county of New-York, and the city of Brooklyn, are hereby excepted from the provisions of this act. § 9. In any instance in which there is a legally organized board of health in an incorporated village, which comprises parts of several towns, or less than a whole town, such board of health shall have full authority in regard to all matters relating to public health ments, nor within said village, and such village which has its own organized not to be taxed to support town sanitary improve towns to support boards of their works. village board of health shall not be subject to the sanitary regulations or health and health officers of the township or towns within which such village is located; nor shall the taxable property of any such village, while maintaining its own board of health be subject to taxation for maintaining any town board or boards of health, or for any expenditures authorized by such town boards; but such expenditures of the town boards of health shall be assessed and collected exclusively on property in the town outside of said village. [Added by L. 1881, ch. 431.1 5761 for a chattel. (See ACTION FOR A CHATTEL.) on bond given by third person on claim to property attached. on undertaking in replevin..... when barred by neglecting to plead counterclaim. after answer of title..... to recover costs paid on answer of title. against defaulting witness, for damages, 173 182 211 236 236 422 3-7 7, 374, 396, 397, 399 10, 138 31 39. 284, 285 44 47 48 57 |