be so removed such person, firm, corporation or association shall immediately give notice in two newspapers published in the county in which said cemetery or burial ground is situated, that on a day and at an hour named therein, which shall not be less than ten nor more than fifteen days from the date thereof, said monument, gravestone, inclosure or other structure will be sold at public auction to the highest bidder to satisfy said lien, which notice shall be signed by the person, firm, corporation or association claiming it, and a copy thereof shall forthwith. be served personally on or mailed to the person or persons with whom such agreement was made for such monument, gravestone, inclosure or other structure. Immediately after such sale, said firm, corporation or association so making such sale, shall, out of the proceeds thereof, first pay the expenses of said sale, and of the removal of the said monument, gravestone, inclosure, or other structure from said plot, which expense shall not exceed the sum of fifty dollars in the case of a monument, or of ten dollars in the case of a gravestone or fence inclosure, and shall next pay and retain thereout the amount due upon said lien for principal and interest, and the balance, if any, shall be paid forthwith to the person or persons with whom the agreement was made for such monument, gravestone, inclosure or other structure. Nothing, however, in this act contained, shall be so construed as to create any liability upon the part of any cemetery association or officer thereof on account of the performance or non-performance of any of the provisions of this act; but no cemetery corporation or officer thereof, or of any burial ground, after notice of the lien has been served upon them, shall in any way hinder or obstruct the removal of such monument, gravestone, inclosure or other structure by the lienor or his employees; nor, after such notice of lien, permit any alteration to be made or inscription to be placed thereon or permit the person or persons with whom the agreement was made, or any one claiming under them, to remove any such monument, gravestone, inclosure or other structure from such cemetery or burial ground without the consent of the lienor. Repeal. § 3. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. TITLE IX. Of Proceedings for the Recovery of Rent and of demised Premises. [Repealed by L. 1880, ch. 245.] TITLE X. TITLE 9. [500-506] TITLE 10. Summary Proceedings to recover Land in certain Cases. [Repealed by L. 1880, ch. 245.] (507-516] L. 1882, Chap. 303-An act in relation to summary proceedings to remove mouthly tenants in the city of New York for holding over. Notice to monthly tenant to be given before proceedings for removal can be taken. SECTION 1. No monthly tenant shall hereafter be removed from any lands or tenements in the city of New York on the grounds of holding over his term (except when the same expires on the first day of May), unless at least five days before the expiration of the term the landlord or his agent serves upon the tenant, in the same manner in which a summons in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy, and that, unless the tenant removes from said premises on the day on which his term expires, the landlord will commence summary proceedings under the statute to remove such tenant therefrom. TITLE 11. [517] Keeping cattle dis trained, &c. 47 Barb., 569; 19 TITLE XI. Of distraining Cattle and other Chattels doing Damage, and of distraining in other Cases. SEC. 1. Cattle distrained where kept; application to fence-viewers. 2. Authority and duty of fence-viewers in appraising damages. 4. When beasts to be put in pound, certificate to accompany them. 6. Application of proceeds of sale. 7. Beasts when to be discharged by pound-master. 8. Inanimate goods where to be kept. 9. Damages how appraised; value of property to be certified. 10. Notice of sale, etc., to be posted by distrainer. 11. In what case notice to be published in newspaper. 12. If owner known, etc., notice to be served on him. 13 & 14. When sheriff, etc., to sell property; sale how conducted.. 15. Application of proceeds of sale. 16. Surplus to be paid to county treasurer. 17. Common pleas to order payment of balance to owner. 18. In case of doubt, to require bond from applicant. 19. Bond when to be sued by other claimants; proceedings. 20. Notice to be given of sale, by all officers distraining. 21. Property to be appraised and appraisal certified. 22. Papers to be filed by officer after making sale. 23. Penalty on officer disobeying last section. 24. Application of proceeds of sale; surplus to county treasurer. SECTION 1. When any distress shall be made of any beasts doing damage, the person distraining shall keep such beasts in some secure place other than the public pound, until his damages shall be apWend., 499; praised; and within twenty-four hours after such distress, unless the same was made on a Saturday, in which case, before the Tuesday 255, 369, 253; morning thereafter, he shall apply to two fence-viewers of the town, 46 N. Y., ... 443; 43 to appraise the damage. Hun, 261. 15 Johns. R., 220; 10 Fence viewers to appraise damages, etc. [2 R. L., 134, § 19.] § 2. Such fence-viewers shall thereupon immediately repair to the place, and view the damage done; and they may take the evidence of any competent witnesses of the facts and circumstances necessary 43 Hun, 261. to enable them to ascertain the extent of such damage, for which purpose, either of them is hereby authorised to administer an oath. to every such witness. To certify them; etc. [The same.] § 3. The said fence-viewers shall ascertain and certify, under their sufficiency hands, the amount of such damage, with their fees for their services; of fences, and if any dispute shall arise, touching the sufficiency of any fence around the premises, where such damage was done, the said fenceviewers may examine witnesses in relation thereto, and for that purpose, may administer oaths to such witnesses; and they shall determine such dispute; which decision shall be conclusive. Putting beasts in pound. 43 Hun, 261. [518] § 4. Within twenty-four hours after the said damages shall be so. appraised, unless the amount so ascertained, and the fees of the fenceviewers, shall have been paid, the person making such distress, shall cause the beasts distrained to be put in the nearest pound in the same county, if there be one, there to remain until the same be sold, as herein after directed, or until replevied, according to law, or until the damages so certified, and the fees of the fence-viewers and TITLE 11. pound-master, be paid; and he shall deliver the certificate of the fence-viewers to the keeper of such pound. The owner of such beasts may give them their feeding, without disturbance. beasts; § 5. The pound-masters of the several cities and towns of this Sale of state, shall receive and keep the beasts so delivered to them, in the notice. public pound, and unless the same shall be replevied or discharged, according to law, within six days, such pound-master shall sell such beasts, or so many of them as shall be necessary, at public vendue, giving forty-eight hours' notice of such sale by advertisement, to be fixed up at such pound, and at the nearest public place. [2 R. L., 134, § 21.] tion of pro § 6. From the proceeds of such sale, the pound-master may retain Applicasufficient to pay the amount of his fees and his charges for keeping ceeds of such beasts, and the charges of such sale; and he shall pay to the sale. person impounding such beasts, the damages so certified, with the fees of the fence-viewers; and if there be any surplus, the same shall be paid to the owner of such beasts. If no owner appear within one year after such sale, and claim such surplus, the same shall be paid to the overseers of the poor of such city or town, for the use of the poor thereof. [The same.] when to be § 7. Every pound-master with whom any beasts shall be im- Beasts, pounded, shall discharge such beasts, on being paid, dis 1. The amount of the damages so certified by the fence-viewers: charged. 2. The fees of the fence-viewers : 3. The fees of the pound-master, with his reasonable charges for feeding such beasts, if fed by him, not exceeding six cents for each beast, for every twenty-four hours. [The same.] goods. § 8. When any person shall be authorised by law to distrain any Keeping inanimate goods or chattels doing damage, he shall keep the same inanimate in some safe and convenient place, until the damage shall be appraised, and the goods be sold or otherwise disposed of. damages, 9. He shall apply to any two fence-viewers of the town, to Appraising appraise the damages sustained by him; who shall proceed therein, & in the same manner and with the same powers, as herein before provided, with respect to cattle doing damage; and in addition, they shall estimate and certify the value of the property distrained. 10. The distrainer shall affix a notice in three public places of the town, for ten days, as follows: 1. Specifying therein the property distrained, and the amount of damages certified: 2. Requiring the owner of such property to redeem and remove the same, before the day therein appointed for the sale thereof: 3. Stating that such property will, on some day, at least ten days from the day of the first posting thereof, be sold, to pay such damages, and the costs and charges of the proceedings. Notice to 227. be posted. 3 T. & C., [519] § 11. If the value of the property distrained, as certified by the When to be appraisers, exceed fifty dollars, the distrainer shall publish a notice published. in the nearest newspaper, once in each week, for four weeks, similar TITLE 11. to that required in the last section, except that the time of sale shall be at least thirty days from the day of the first publication of such notice. When to be served on owner. 43 Hun, 261. When sheriff, &c., to sell. Sale, how conducted. Applica tion of proceeds of sale. Surplus to county treasurer. To be paid to owner. [520] When bond may be required. Suits on bond by other claimants. § 12. If the owner of such property be known to the distrainer, or if any person be known to him as claiming any interest in such property, and if such owner or person reside within the county, the distrainer shall also serve a copy of such notice, within two days after the time of posting, or after the first day of the publication thereof, either personally on such owner or person, or in case of his absence from his usual or last place of residence, by leaving the same at such residence, with a proper person. § 13. If such goods and chattels be not removed, and if the damages so certified, with the fees of the appraisers and the expenses of such notice, be not paid, at the time appointed in such notice for the sale, the distrainer shall apply to the sheriff of the county, or one of his deputies, or to any constable of the town, to sell such goods and chattels, and shall make and deliver to such officer, an affidavit showing his compliance with the provisions of this title, and the original certificate of the appraisers. § 14. Such officer shall thereupon proceed and sell the goods and chattels so distrained, in the same manner as on executions against personal property in civil cases, and with the like authority and effect, and shall be entitled to the same fees for his services. § 15. From the proceeds of such sale, such officer shall retain his own fees, and shall pay to the distrainer the amount of the damages so certified, and the expenses of such notices, and also all expenses that may have been necessarily incurred, in the safe keeping and preservation of such property; which expenses shall be ascertained and certified by any judge of the county courts, or by a justice of the peace of the county. § 16. If any balance shall remain, such officer shall pay the same to the county treasurer, for the use of the owner of such property, or his legal representatives. § 17. Upon the application of the owner of such property, or his representatives, to the court of common pleas of the county, and on due proof, by affidavits, of such ownership, the said court shall order such balance to be paid to such owner, or his representatives, by the county treasurer, after deducting a commission of five per cent, for receiving, keeping and paying over the same. § 18. If upon such application, the court entertain any doubt of the ownership of such property, before ordering such balance to be paid over, they shall require the claimant to execute a bond to the people of this state, in a penalty at least double the amount of such balance, and with sureties to be approved by such court, conditioned that he will pay to any person, who, in an action on such bond, commenced within two years from its date, shall establish his right to such balance, or to any part thereof, the amount to which he shall show such right, with interest. § 19. Any person claiming such balance, or any part thereof, may prosecute such bond, in the name of the people of this state, on the relation of such person, who shall, in all respects, be deemed the plaintiff therein, and be liable for the costs. If he establish his right to such balance, or any part thereof, in such action, he shall be TITLE 11. entitled to recover such amount, with interest, as damages to be assessed for a breach of such condition, with costs of suit. The proceedings thereon shall be the same as in other actions on bonds, with conditions other than for the payment of money. But no judgment in favor of the defendants shall be a bar to, or in any way affect, any action that may be brought on such bond, by any other person than the plaintiff against whom such judgment shall have been obtained. 4 Barb., § 20. When, by the provisions of this statute, any officer is au- Notice in thorised to distrain on any property, for any purpose whatever, and alstrains of no special provision shall be otherwise made, he shall cause at least in five days' notice of sale of such property to be given, by posting the 247. same in three public places of the town, where such sale shall be made. be ap 45 Barb., § 21. Before making any such sale, such officer shall also cause Property to the property distrained, to be appraised by three disinterested free- praised. holders of the town, on oath; and such appraisal, with an inventory 346. of the property distrained, shall be certified by the appraisers in writing. be filed by § 22. Within ten days after any such sale, the officer making the Papers to same shall file in the office of the clerk of the town or city, where officer. such sale was made, 1. His own affidavit, specifying the cause of such distress, and the amount of the penalty, tax, duty or other sum, for which the same was made: 2. Proof, by affidavit, of the notice herein required, having been given : 3. The inventory and certificate of the appraisers : Which papers, when so filed, shall be presumptive evidence of the facts therein contained. 4 Barb., 246. § 23. Unless the provisions of the last section are complied with, [521] Penalty for within the time therein required, such officer shall forfeit to the neglect. owner of the property sold, twenty-five dollars. sale, how § 24. From the proceeds of any such sale, such officer shall be Proceeds of authorised to deduct and retain the expenses of such appraisal, cer- applied. tificate, notice, proof and affidavits, and of the filing the same, as herein required. And the residue of such proceeds, after satisfying the penalty, tax, duty or other sum, for which such sale was made, shall be paid within ten days after such sale, to the treasurer of the county, for the use of the owners of such property. how to ob plus. § 25. The same proceedings shall be had by such owner, to Owners obtain the money so paid over, as are herein before provided, in the tain surcase of distress on inanimate property doing damage, and the said provisions shall apply in all respects to such monies and such proceedings. TITLE XII. Of the Action of Replevin. This title was repealed by L. 1880, ch. 245. J [522-533] |