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erly inclosed and addressed to such owner or agent at his then place of residence, if known, and by paying the postage thereon. And in case any lessee or party in possession shall neglect or refuse to give such notice as herein provided, he shall be personally liable to the owner or owners of said buildings or premises for all damages he or they shall sustain by reason thereof, provided that a copy of this requirement, on his part, shall be indorsed on or accompany the notice or papers served on him.
§ 40. The said department of buildings shall be, and hereby is, charged with the enforcement of the provisions of this title through the commissioner of buildings and he shall appoint all tions of in- the officers and subordinates thereof. The inspectors shall be
Department to enforce act.
men of good character, capable of writing a fair hand, and be able to make out with clearness their reports and no person shall
serve as, or be appointed to office as an inspector of buildings in vice exami- said bureau who is deficient in these qualifications, and before
Forfeiture pay for
their appointment to office they shall pass examination before the For civil service commission. Any inspector of buildings for any neglect neglect,
of duty or omission to properly perform his duty, or violation of rules, or neglect or disobedience of orders, or incapacity, or absence without leave, may be punished by the commissioner of buildings by forfeiting and withholding pay for a specified time, or by suspension from duty with or without pay; but this provision shall not be deemed to abridge the right of said commissioner to remove or dismiss any inspector of buildings from the service of said department at any time in his discretion.
Corpora- § 41. The corporation counsel is authorized to sue for and col
author, lect all penalties and take charge of and conduct all legal pro
ceedings instituted for the enforcement of any of the several provisions of this title or for the recovery of any penalty thereunder brought in the name of the city of Brooklyn; all notices of violation shall be returned to him for prosecution, and it shall be his duty to take charge of the prosecution of all such suits or proceedings, collect and receive all money that may be collectible upon judg. ments, suits or proceedings so instituted, or which may be paid by any parties who have violated any of the provisions of this title, and upon settlement of judgment and removal of violations thereAccount to under, execute satisfaction therefor. He shall render to the comp
troller an account of, and pay over to the city treasurer all penalties, and all other money, including costs, received by him, all
necessary disbursements incurred or paid in said suits may be deducted or paid from such moneys. All the officers appointed Right of under this title shall, so far as it may be necessary for the per- enter formance of their respective duties, have the right to enter any building or premises in said city.
§ 42. The commissioner of buildings is hereby authorized and Investiempowered to investigate, examine and inquire into the origin, commis details and facts of any supposed cases of violations of any of the provisions of this title, of all other laws relating to the building department, and of the rules and regulations of said department, and also into all charges made against the officers, agents and employes of said department for misconduct, neglect or non-performance of duty. Said commissioner, in and about Commisany examination, investigation, or inquiry authorized hereby, issue subtouching any matter or thing therewith connected, may subpoena and compel the attendance of any person or persons, and the production of any books, papers or documents in his or their possession, or under his or their control, connected with and necessary in the judgment of said commissioner, to such examination, investigation or inquiry, before him at the time and place therein named. For the purpose aforesaid, the corpo-Issue of ration counsel may at any time obtain to be issued subpoenas out ou of of the supreme court, tested under the name of a justice of said court. court, in like form and with like effect as though issued by said justice in any action pending in a court of record; and said subpoena may be served, and proof of such service may be made, in the same manner as now by law provided for the service of subpoenas out of said court; and upon proof of service and proof Contempt proceedof non-compliance, failure to attend and testify on the part of ings. any person or persons, as required by said subpoena, or a failure or refusal on the part of any person or persons to produce any such books, papers or documents in his or their possession, or a failure or refusal on his or their part to answer any question put to him or them, and deemed pertinent thereto, by any justice of said court, proceedings may be commenced to punish said. person or persons as for contempt, and the provisions of the code of civil procedure, in relation to contempt proceedings, shall be deemed applicable thereto. Said commissioner in conducting Adminisany examination or inquiry as aforesaid, is hereby authorized to oaths, etc. administer any oath or affirmation in the matter, and any false swearing under said oath or affirmation thus administered shall
Adjourn- be perjury, and punishable as such. Said examination may be continued and adjourned by the said commissioner, from time Attendance to time, and any person subpoenaed, as aforesaid, shall attend
and testify upon said adjourned day or days, and at the time and place designated, as though the same had been named in said subpoena, and with like effect as to any failure to appear and answer. Record of Any testimony or evidence taken as aforesaid shall be carefully preserved in the records of said department.
Section 2. Sections two, forty-seven, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirtyone, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six thirty-eight, thirty-nine forty-one and fifty-two of said title, as heretofore passed and amended, are not repealed by this act, but are continued inforce as a part of this title, amended only as to their numbers. Such sections shall hereafter be numbered in the order above named, from forty-three to sixty-one, inclusive. Section 3. All buildings now in process of erection in the city of process of Brooklyn, according to plans and specifications approved by the said commissioner of buildings may be erected and completed according to such plans and specifications; and all buildings not yet in process of erection therein, the plans and specifications of which have, within the sixty days immediately prior to the passage of this act, been approved by the said commissioner, may also be erected and completed according to such plans and specifications, provided that the erection of the same shall be in good faith commenced within sixty days after the passage of this act. All such buildings in process of erection, or the erection of which may be so commenced, shall be regulated and governed by the provisions of this title as it was before the passage of this act; and the said buildings, and the owners and builders thereof, and other persons engaged in the erection thereof, shall, for a violation of any of such provisions, be liable to the same penalties to! be enforced in the same manner as though this act had not been passed, and a violation of any of such provisions may also be prevented and removed in the same manner as though this act had not been passed. Nothing in this act contained shall be construed to abate or affect any suit or other proceeding now pending in any court, or rights acquired, or penalty or liability incurred, or any cause or causes of action or remedy accrued or existing under the act hereby amended. All such matters shall remain, be pursued and determined in the same manner as though this act had not been passed. Section 4. This act shall take effect thirty days after its passage.
Sections of charter repealed.
Pending suits, etc., not affected.
Dividends to, appropriation for
Examinations in, appropriation for
Deeds and other instruments, by persons without state...
Actions at Law.
Judgments, satisfaction of, when presumed
Places in which actions must be brought, code amended
See also, CODES OF CIVIL AND "CRIMINAL PROCEDURE.”
Adams' Cemetery Company.
Cemetery grounds, transfer of. to cemetery association.....
Addison, Village of.
Accounts and annual report of forest commission as to......
Special fund of, payments for certain sales of lands credited to
Armories and arsenals, repairs, etc., appropriation for....
National guard, expenses of. appropriation for
pensions to members of, appropriation for
Rifle ranges, repairs and improvements, appropriation for..
repairs and improvements, appropriation for...
Accounts of, judicial settlement of..
Agricultural Experiment Station, Geneva.
Board of control, expenses of, appropriation for
Agricultural Law, Amended.
Agricultural societies and corporations, lease of grounds of...
Promotion of agriculture, apportionment of State moneys for
County societies, apportionment of State moneys for....
Farmers' institutes, maintenance of, appropriation for..
Real estate of, sale or mortgage of, act amended..
distributions by, appropriation for
Town societies, apportionment of State moneys for.
Department of, appropriation for
Promotion of, appropriation for.
See, also, "Départment of AGRICULTURE."
Albany Cemetery Association.
inspectors of election, etc.
payments to contractors
Assessment and sales, reduction, etc., of certain ....
City building, repair and restoration of .
City charter amended, apportionment and assessments.
street paving and repairs.
Garbage crematory in, relative to..
Bridge across, construction and maintenance of, act amended ....... 558 1299
Brushes, manufacture or sale of, in, prohibited.....
Poll-tax, provisions of charter as to, repealed.....
Angelica, village charter amended....
Cuba, annual meeting and election of officers legalized
Lands for park purposes, procuring of additional.
Money paid to superintendent of public works, repayment of certain.. 590 1345
Third avenue, improvement of portion of.......
Indian Fields, First Baptist Church of, sale of real estate of
See, also, "ALBANY CITY" and "COHOES."
Allegany Indian Reservation.
Agent on, compensation of, appropriation for
...... 564 1304