Surveyors shall be appointed. Duties of sur veyors. Sheriff to remove. the committee of architects of the American Institute of Architects, of the city of New York, and one by any owner, or any agent of any owner of such building or part of a building. And any person having any legal or equitable right or interest whatever in such building or part of a building, whether the said right or interest be absolute, qualified, vested, contingent, in possession, remainder, or reversion, the said superintendent, or deputy superintendent shall forthwith cause the said owner or agent to be notified to appoint an architect or a builder, on his part as aforesaid, and also the time and place of such survey, and if the said owner or agent shall fail to make such appointment in writing, or if the architect or builder appointed by such owner or agent shall fail to attend such survey, then the other two surveyors shall proceed to hold such survey, and if they fail to agree, they shall appoint a third surveyor, who shall be an architect or a practical builder, whose decision shall be final. $72. The said surveyors shall forthwith make and return to the said superintendent a report of such survey, to be signed by them, or a majority of them; and if such report shall declare such building or part of a building to be unsafe or dangerous, then the said superintendent shall forthwith make and return to the mayor of the said city a report of such survey, signed by the said surveyors; and if unsafe or dangerous, then the said mayor shall forthwith direct the sheriff of the said city to forthwith take down and remove such building or part of a building, and any other building or part of a building that, in the judgment of the superintendent or deputy, or such sheriff, it may be necessary to take down and remove, in order to safely take down and remove such unsafe or dangerous building or part of a building. ent to notify the proper parties to remove. 73. The said superintendent shall forthwith notify one Superintend or more of the owners of such unsafe or dangerous building or part of a building to forthwith take down and remove such building or part of a building; and any owner, notified as aforesaid, who shall fail or refuse to take down and remove such building or part of a building, within ten days, shall forfeit and pay the sum of five hundred Penalty for dollars; and in case the owner or owners aforesaid, notified as aforesaid, shall refuse or fail to proceed forthwith to take down and remove such building or part of a building, then the sheriff of the city and county of New York shall take down and remove such building or part of a building. neglect or refusal to re move. Fees of sur Fees iff. 74. Each of the surveyors named in the two preceding veyors. sections, excepting the deputy superintendent, shall be entitled to and receive five dollars for his services as such surveyor; and any sheriff who shall take down and remove such unsafe or dangerous building, or part of a building, by direction of the said mayor, shall be entitled to and receive the amount expended in taking down and removing the same, and five per cent. upon the amount expended, as his legal fee for the same, from the owner or owners of such building or buildings, or part of a building. And the materials thereof shall be liable to such sheriff for taking down such building or part of a building; and he shall have the power to sell such materials, in default of payment by such owner or owners. sher forfeitures for § 75. All actions for penalties and forfeitures incurred Action under this act shall be commenced within twelve months and penalties next after the time of incurring such forfeiture and penalty, provided that the continuing penalties may be sued for to be commenced with, in months. twelve menced be sage of this act. within one year after the judgment mentioned in section sixty-six of this act. 76. All laws or parts of laws heretofore passed, inconsistent with the provisions of this act, are repealed from the time when this act shall take effect; but such repeal Actions com- shall not affect any suit, prosecution, or proceeding comfore the pas menced, or forfeiture or penalty incurred, or offense committed previous to the time when this act shall take effect. But every such suit, prosecution, and proceeding, may lawfully proceed; and every such penalty may be demanded and recovered, and every such offense be prosecuted and punished as if the said laws, and parts of laws, hereby repealed, had remained in full force. Act to take effect on 1st 77. This act shall take effect on the first day of June June, 1860. next, and the common council of New York shall publish this act once a week in every paper employed by them, from thirty days after the passage thereof until that day. The foregoing" act to provide against unsafe buildings," having been passed before the final completion and going press of this volume, has been here inserted in full as being of the highest interest. to By it the fire limits have been extended, all former acts in relation to buildings have been modified, amended, or repealed, and the office of Fire Warden abolished. FINIS. INDEX. (A) AGENTS INSURANCE: to pay a percentage on premiumns received, for benefit of 177, 196, 214, 240, 253, 265, 281, 307, 329, 434 duties of persons hired to clean.. 265, 266, 281, 283, 307, 309, 329 salary of persons hired to clean.. 282, 329 repeal of ordinance in relation to hiring persons to clean, &c.. 329 (APPARATUS-FIRE-CONTINUED :) under whose direction to be constructed..... under whose direction to be constructed.. 233, 239, 260, 261, 273 299, no new to be constructed unless authorized by the Com- mon Council..... under whose direction to be repaired.... .407, 477 173, 209, 233, 239, 247 under whose direction to be repaired..261, 274, 299, 334, 349 354, 392, 395, 406, 423, 449, 475 in want of repair to be reported by foreman to Chief Bureau for repairing, &c., to be under the charge of the Chief Engineer.... .....392, 405, 422, 475 estimates for constructing and repairing, to be advertised for...... 393 contracts for constructing and repairing, to be under the supervision of the Street Commissioner.... 393 not to be constructed nor repaired in the corporation .318, 329 355, 395, 407, 423, 476 Chief Engineer may make small repairs to.. no repairs to, over $75, to be made without contract..895, 423 relative to bills for repairing.....234, 260, 261, 278, 274, 299 320, 349, 355, 396, 407, 424, 426, 476 Chief Engineer to examine and report condition, &c., of, to the Common Council..... 155, 173, 209, 233, 247, 272, 297, 334, 422 |