allowed. Appor. tionment of assess TITLE 16. appeal be unsuccessful, which costs shall be the same as those given by law for like services in cases of appeal from justices' courts where a new trial is had in the appellate court. In case such appeal be in any part successful, costs shall not be allowed unless such commissioners be guilty of fraud or intentional wrong in respect to the matCosts, how ters so reviewed, and in that case the court may, in its discretion, allow costs to the appellant, to be paid by such commissioners personally. Costs when allowed shall be adjusted and collected in the same way as an action in the court. Such determination in said court shall be final and conclusive. After the time for appeal has expired, if no appeal is taken, or if such appeal is taken, then, when such appeal has been finally determined, said commissioners shall apportion the amount so to be assessed upon the real estate included in ment, how the original assessments in the same proportion or ratio as such original assessment was made and levied, and they shall thereupon make and file in each clerk's office, and wherever else such statement first herein provided for, was filed, a statement showing each piece of land so assessed, and the name of the owner or occupant thereof, at such time, and the amount assessed against each, duly verified by at least To become two of said commissioners. Such assessment shall become a lien upon the lands so assessed, from the time of such filing, and shall be enforced, collected and applied in the same manner as such original assessment might have been enforced, collected and applied under the act hereby amended. The necessary expenses of such commissioners upon such appeal shall be ascertained by said court, and added to the amount provided by such statement as a part thereof. [Added by L. 1881, ch. 608, and thus amended by L. 1886, ch. 636.] [L. 1881, ch. 608, § 2. The counties of Richmond, Kings, Queens, Suffolk and Onondaga are hereby exempted from the provisions of this act.] made and Alled. a lien upon lands as sessed. Expenses of commissioners, how adjusted. Unknown owners, service upon. Appeals before court, how noticed. Certificate in certain drainage § 22. If the owner or occupant of any land to be affected by proceedings taken pursuant to the provisions of this act, be unknown. and cannot, with due and reasonable diligence, be ascertained, or if a place or places where such owner or occupant would probably receive matter transmitted through the post-office cannot with reasonable diligence be ascertained, service of any notice required by this act may be made upon such owner or occupant by delivery thereof to the clerk of the county in which said land of such owner or occupant or a part thereof is situated. [Added by L. 1886, ch. 636.] § 23. Any appeal or other proceeding before the court, taken pursuant to the provisions of this act, in a proceeding initiated or pending in the supreme court, may be noticed for hearing at any special term of said court at which a motion on notice may be made in an action pending in a county in which such lands or a part thereof are situated. [Added by L. 1886, ch. 636.] § 24. In any case where the lands sought to be drained lie in two cases, that or more counties, no order of court shall be entered for the drainage will not in- thereof, under the provisions of this act until the certificate of the jure canal superintendent of public works and state engineer and surveyor shall have been first obtained, that such drainage would not affect injuriously, the navigation of any of the canals of this state. [Added by L. 1886, ch. 636.] L. 1873, Chap. 243- An act further to amend an act entitled "An act to amend title sixteen, chapter eight, part three of the Revised Statutes, relative to proceedings for the draining of swamps, marshes, and other low or wet lands," passed May twelve, eighteen hundred and sixty-nine. Vacancies, how filled. SECTION 1. In all cases where, either by death, resignation, or otherwise, a vacancy or vacancies shall occur, or has, or have heretofore occurred, in the office of commissioners appointed, or hereafter to be appointed, under sections one and two of the act hereby amended, or under that act and the act amending that act, passed April fifth, eighteen hundred and seventy-one (being chapter three hundred and three of the laws of eighteen hundred and seventy-one), such vacancy or vacancies shall, on the application of the commissioner or commissioners then in office, or of any other person or persons interested, be supplied and filled by the county court of the county in which such commissioners were originally appointed, and which application shall be upon such notice as the court, to which the application is made, shall prescribe. The commissioners thus appointed shall possess all the powers, and be subject to all the liabilities of the commissioners, whose office they are appointed to supply. Acts of commissioners confirmed. § 2. All the acts of two commissioners heretofore done and performed under the acts hereby amended, while there was a vacancy in the office of commissioners, are hereby confirmed, and shall be of the same force and effect as if the third commissioner had been in office. and had concurred in the acts so done and performed. L. 1882, Chap. 326-An act in relation to drains, ditches and water channels constructed before the year eighteen hundred and seventytwo, for draining swamps, marshes and other low lands. Certain drains, etc., declared to be lawful; easements deemed dedicated to the public. SECTION 1. All drains, ditches and water channels in this state for draining swamps, marshes and other low lands made, completed or constructed before the first day of January, eighteen hundred and seventy-two, under any general or special law, and which, since that time, have been under the undisputed supervision or been maintained or kept in repair by town or other officers having the general charge thereof under said laws, are hereby declared constructed and maintained for the public health and to be in all respects lawful drains, ditches and water channels; and in all proceedings relating to the same where express grants cannot be shown, the easements and rights of way therefor shall be deemed to have been legally and irrevocably dedicated and licensed to the public by the several owners of the lands upon which the same were and are located; and where any such officers shall have kept any such drains, ditches and channels in repair, and the expense thereof shall not have been heretofore assessed and collected, the same shall be assessed and collected in the manner provided by the law under which said drains, ditches and channels were constructed. Not to affect pending suits. § 2. This act shall not apply to or affect any suit now pending in which the regularity or legality of any proceedings taken or rights acquired for the construction or completion of any drain, ditch or water channel herein mentioned are in issue or may be questioned by any party thereto. Not to apply to certain counties. § 3. The counties of Kings, Richmond, Westchester, Rockland, Livingston, Otsego, Ulster, Cayuga, Orange, Tompkins, Warren, Herkimer, Delaware and Albany are hereby exempted from the provisions of this act. L. 1888, Chap. 259-An act to legalize certain proceedings in the county courts, for the drainage of swamp, bog, meadow, and other low or wet lands within this state, and to extend the jurisdiction of county courts in such proceedings. Proceedings pending June 15, 1886, in county courts, legalized, and may be conducted under former statute. SECTION 1. All proceedings and orders in any proceeding for the drainage of swamp, bog, meadow, and other low or wet lands, pending in any county court of this state on the fifteenth day of June, eighteen hundred and eighty-six, and had or taken in such proceeding prior to the date last mentioned, are hereby declared to be as valid as if chapter six hundred and thirtysix of the laws of eighteen hundred and eighty-six, entitled "An act to amend chapter eight hundred and eighty-eight of the laws of eighteen hundred and sixty-nine, entitled 'An act to amend title sixteen, chapter eight, part three of the Revised Statutes, relative to proceedings for the draining of swamps, marshes, and other low or wet lands, and for draining farm lands,' and acts amendatory thereof and supplementary thereto," had not been passed, and all orders and proceedings had or taken in any of the proceedings aforesaid, subsequently to the fifteenth day of June, eighteen hundred and eighty-six, in any county court, and which are in the form prescribed by said title sixteen, chapter eight, part three of the Revised Statutes aforesaid, as amended by said chapter six hundred and thirty-six of the laws of eighteen hundred and eighty-six, except that they were taken or made in the county court instead of the supreme court, are hereby declared legal and valid. The several county courts of this state, in which such proceedings were pending as aforesaid, on the said fifteenth day of June, eighteen hundred and eighty-six, for the drainage of swamp, bog, meadow and other low or wet lands within this state, situated in different counties, or where, in the course of such proceedings, it has become necessary for the drainage for which the proceedings were instituted, to take lands in different counties of this state, are hereby vested with the same power and jurisdiction, in reference to said proceedings, and may grant any order or relief therein, that the supreme court possesses or could grant in any proceeding of a like character, or in such proceeding, if pending therein on a petition filed after said fifteenth day of June, eighteen hundred and eighty-six. TITLE 17. [550] [551-555)* Majority may act. TITLE XVII. General miscellaneous Provisions concerning Suits and Proceedings in civil Cases. SEC. 1-26. (Repealed.] 27. Majority of officers, etc., may act upon meeting of all. 28, 29 & 30. Proceedings to collect surplus arising from sale of taxes, paid to supervisor. 31. [Repealed.] 32. Attachments against sheriffs neglecting to return certain warrants. 33 & 34. [Repealed.] 35. Judgments rendered before division of a county, how executed. [Sections 1-26 were repealed by L. 1877, ch. 417, and L. 1880, ch. 245.] § 27. Whenever any power, authority or duty is confided by law to three persons, and whenever three or more persons or officers are authorized or required by law to perform any act, such act may be done and such power, authority or duty may be exercised and performed by a majority of such persons or officers upon a meeting of all the persons or officers so entrusted or empowered, unless special provision is otherwise made, and whenever a duty has been or shall be enjoined by law upon three or more persons or officers, and one or more of them shall have died, or have become mentally in- TITLE 17. 20 N. Y., 173; 12 id., 156, 190; 11 id., 571 ; 2 id., 376; 16 id., 294; 30 Barb., 347; 23 id.,179, tax sales § 28. Whenever a surplus arising from the sale of any property Surplus of distrained for taxes, paid over to the supervisor of a town, shall be paid to suclaimed by any other than the person for whose tax such property pervisor. was sold, and such claim shall be contested by such person, such claimant shall be entitled to maintain an action against such person; and the person for whose tax such property was sold, may also maintain such action against such claimant, as for money had and received; in which the right of the respective parties to such surplus, shall be tried and determined. visor. § 29. For the purposes of such action, the defendant shall be Duty of su deemed to be in possession of the surplus in the hands of the supervisor. Upon a certified copy of the final judgment that shall have been rendered in favor of either party, being produced to the supervisor, in whose hands such surplus shall be, he shall pay over the same to the party so recovering. And no supervisor shall be liable to any action in favor of any claimant of such surplus, the right of which shall be contested as provided in the fourth section of the third title of chapter thirteen of the first part of the Revised Statutes, until he shall have refused to pay over such surplus upon the production of a judgment as aforesaid. and execu 30. In any action brought pursuant to the two last preceding Judgment sections, no other cause of action shall be joined, nor shall any set- tion, &c. off be allowed; and if an execution issue on a judgment so rendered, it shall direct the costs only of such judgment to be levied thereon. [Section 31 was repealed by L. 1877, ch. 417.] ments certain § 32. Whenever any sheriff shall have neglected to return any Attach. warrant issued by a county treasurer, against any collector, or any against warrant issued by the comptroller, against any collector of canal sheriffs in tolls, or shall have made any other return than that required by law, cases. he shall be proceeded against in the supreme court, by attachment, for his neglect, in the same manner and with the like effect, as for neglecting to return any execution in a civil suit; and the proceedings thereon shall be the same in all respects. [Sections 33 and 34 were repealed by L. 1877, ch. 417.] [556] before a a county. § 35. Where any county has been or shall be divided, any judg- Judgments ment that may have been recovered previous to such division, or division of after such division upon any proceedings instituted previous thereto, in the court of common pleas of such county, or before any justice of the peace thereof, may be collected by execution to be issued to the sheriff of the county where such judgment shall have been TITLE 17. rendered, or to a constable thereof, as the case may require, who shall execute the same, in the same manner as if such division had not been made; and such judgments may be revived, and the like proceedings may be had thereon, as if such county had not been divided. [557-558] [Sections 36-46 were repealed by L. 1877, ch. 417, and L. 1880, ch. 245.] L. 1874, Chap. 656 – An act relating to the publication of judicial proceedings and legal notices in New York city and county. [See Code of Civil Procedure, § 3340.] Calendars of courts of record, journal to be designated for publication of; legal notices, publication of; proviso. SECTION 1. The presiding justice of the supreme court of the first judicial department, the chief judge of the court of common pleas in and for the city and county of New York, the chief judge of the superior court of the city of New York, and the chief justice of the marine court of the city of New York, or a majority of hem, shall designate a daily law journal, published in said city, in which shall be pubished all calendars of the courts of record held in and for said city and county, which calendars shall contain the numbers and titles of the causes and names of the attorneys appearing therein, with such particulars and notices in respect to such calendars, or the causes thereon, as may be specified by the clerks of said courts respectively, under the order of said courts, together with every notice or advertisement in legal proceedings which may be required by law to be published in one or more papers in said city or county. If such notice or advertisement is required to be published in only one paper, then such publication shall be made in said paper; but if such notice or advertisement is required to be published in more than one paper, then one of such requisite papers shall be the paper so designated; provided, that nothing herein contained shall be held to apply to or authorize or require any advertisement to be inserted in the journal to be designated as aforesaid which is directed by law or ordinance to be advertised or inserted in the "City Record" the official paper of the mayor, aldermen and commonalty of the city of New York, nor to require the publication of any advertisements, notices, reports or statements now under the direction or control of any officer of the state government, in such paper, provided, that no greater sum shall be paid per folio than that now allowed by law. Publication of calendars, expenses of, how paid, and amount of. § 2. The expenses of the publication of calendars, directed to be made by the first section of this act, for each of the courts therein named shall be paid in the same manner as the expense of printing and stationery for the use of said courts are now or shall hereafter be paid, and the amounts necessary for such payments, which shall not exceed, in the aggregate, more than fifteen thousand dollars per annum, shall be appropriated in the same manner as appropriations are now made, or shall hereafter be provided by law to be made, for the expenses of said courts; provided, that no greater sum shall be paid per folio than that now allowed by law, and, provided further, that not more than ten dollars per annum shall be charged to each annual subscriber therefor. L. 1876, Chap. 11- An act in relation to posting notices and papers in the county of Erie. [See Code Civil Procedure, § 3340.] Notices and papers, posting of. SECTION 1. As soon as the new city and county hall which is now being erected in the city of Buffalo, is occupied by the principal |