so demanded a jury trial is waived; provided, however, that if a judgment of the court be reversed on appeal and a new trial ordered either party may, upon the day designated by the appellate court for the new trial, demand trial by jury. When the sum demanded in the complaint exceeds two hundred dollars, the party demanding trial by jury may require that twelve jurors be drawn to try the case. In other cases the jury shall consist of six jurors as provided in the justice court act. If twelve jurors be demanded, twenty qualified jurors shall be summoned for the selection therefrom of the number demanded. A jury may be drawn from those summoned either by the city judge or by the city court clerk, if any, under his direction. Though a jury of twelve be demanded and the requisite number therefor summoned, the parties may by mutual consent elect to try the cause by a jury of six at any time before the taking of testimony has begun. 66 "§ 240. Direction of verdict; granting new trials and opening defaults. The court may open defaults, and, in an action tried by a jury, direct a verdict, and may grant a new trial in an action or proceeding for any of the reasons specified in section nine hundred and ninety-nine of the code of civil procedure, upon such terms as may be just. A motion for a new trial upon the minutes must be made upon at least five days' notice and shall be heard within fifteen days after the entry of judgment. "§ 241. Trial jurors. The city of Long Beach shall be regarded as a town for the purposes specified in article three of the judiciary law. The supervisor, the city clerk and the elective assessor of said city shall perform the duties prescribed in said article. A duplicate list of jurors selected by them shall be filed in the office of the clerk of said city and such office shall be deemed a town clerk's office for that purpose. The supervisor and clerk and elective assessor of said city shall meet at the clerk's office at the time provided by law and proceed to discharge the duties imposed upon them by the judiciary law and by this act, and the list made by them shall constitute the list of persons to serve as trial jurors for the ensuing three years. The supervisor elected under this act and the clerk and the elective assessor of the city shall meet every third year thereafter for the same purpose and make and file a list so required of them. The clerk shall furnish to the city judge certified copies of all such lists and from the names of all such jurors in the city shall be drawn the trial jurors in actions or proceedings in the city court and before the city judge. Until the city judge shall be furnished with such list he shall use in drawing jurors in his court, or before him, the last list furnished to the police justice of the village of Long Beach, but shall set aside any juror so drawn who is not a resident of the city of Long Beach. "§ 242. Marshals. A city marshal shall act as attendant upon the city court during its session, when required by the city judge, and shall exercise the same powers and duties, be entitled to the same fees and compensation and subject to the same liabilities as a constable in a town, all fees or compensation paid on account of services performed by him shall be the property of the city. The marshal shall receive no fees or commissions other than a stated compensation for his services as court attendant. His duties as court attendant shall be prescribed by the rules and regulations of the city judge and a violation of such rules and regulations shall constitute sufficient cause for his suspension or removal from office. "§ 243. Process; effect of certain words. All process shall, in form, be the process of the city court and may be returnable either before the city court or to the city judge. The terms city court and city judge,' or their equivalents, may be used interchangeably in any process, pleading, petition, affidavit, paper, caption, record, order, judgment or verdict, without impairing the validity of any act done or step taken in an action or proceeding, if the matter to which the term refers was within the jurisdiction or cognizance of either the city court or city judge. Page 84, line 10, change "12" to "13". Page 84, line 12, change "170" to "250". Page 84, line 13, change "171" to "251". Page 84, line 14, change "172" to "252". Page 84, strike out line 15 and insert "253. When bills against city shall be paid.” Page 84, line 16, change "174" to "254". Page 84, line 17, change "175" to "255". Page 84, line 18, change "170" to "250". Page 85, strike out lines 14 to 17 and insert 66 "§ 253. When bills against city shall be paid. No bills or account against the city shall be audited or paid unless such bill or account shall be made out in items and properly dated, with an affidavit attached thereto by the person, or one of the persons or an officer of a corporation, presenting or claiming the same, that the items of such bill or account are correct, that the services and disbursements charged therein have been in fact rendered or paid, and that no part thereof has been paid or satisfied. The council, board or department or officer shall cause to be entered upon its files or their books or minutes the amount claimed, the amount allowed, and the fund from which each amount allowed shall be paid. "No action shall be brought upon any such bill or account within thirty days from the time the same was presented to the council, officer or board authorized to audit the same." Page 85, line 18, change "174" to "254". Page 85, line 19, after "Beach" insert "not inconsistent herewith". Page 85, line 22, change "175" to "255". Page 85, line 24, after the first comma insert "otherwise known as Reynolds channel or Long Beach channel ". Page 86, line 4, change "13" to "14". (No. 6) AN ACT to amend the farms and markets law, in relation to the sale of bread. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Article sixteen of the farms and markets law, being chapter forty-eight of the laws of nineteen hundred and twenty two, entitled "An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws," is hereby amended by adding thereto a new section to be known as section one hundred ninety-three-a, to read as follows: § 193-a. Method of sale of bread. In the case of bread the weight of every loaf or other quantity sold, or offered or exposed for sale, shall be represented in one of the following ways: (a) if bread is sold, or offered or exposed for sale, in wrapped loaves, the representation of weight of such loaves shall be made by a plain statement printed upon the wrapper of each loaf in plain and conspicuous position of the net weight of the loaf and the name of the manufacturer thereof; (b) if bread is sold, or offered or exposed for sale, in unwrapped loaves, the representation of the weight of such loaves shall be made upon a label, which label or that portion representing weight shall not be larger than one by one and three-quarter inches and not smaller than one by one and one-half inches in size, affixed to the loaf in a sanitary manner, provided, however, that in the case of such unwrapped loaves sold at retail, or offered or exposed for retail sale, direct from manufacturer to consumer upon or in the premises of the manufacturer, the representation of weight of such loaves may be made upon a notice, printed in English and, if different language is spoken, also the language or languages of the neighborhood, conspicuously posted in plain view of the purchaser and in close proximity to the bread offered for sale in such premises setting forth the weight of each size and variety of such loaves; (c) if bread is sold by the piece cut from a loaf such bread shall be weighed in the presence of the buyer upon tested scales kept for that purpose. The weights to be represented under this section shall be construed to mean net weight no more than twelve hours after baking or not more than twelve hours after sale and delivery by the manufacturer or baker for resale, the correctness of the representation of weight in the case of sale by loaf to be deter mined by the average weight of not less than six loaves of the same unit and manufacture, weighed within such twelve hours, such weights shall be determined by the average weight of not less than six loaves, provided, however, that such average weights shall be determined by the weight of at least twelve loaves whenever such number of loaves is available at the time and place of such weighing; and, provided further, that bread found upon any premises occupied for the manufacture of bread for sale, or any bread found in the wagons, trucks, baskets, boxes, or other delivery vehicles or receptacles owned or controlled by the manufacturer thereof, and being transported or delivered for sale, shall for the purposes of this section be deemed to have been baked within twelve hours unless such bread is marked, designated, or segregated as stale bread. The provisions of this section shall not apply to rolls, or to stale bread when sold as such, or to restaurant or sandwich bread sold for consumption or use on the premises and not for resale, or to fancy breads such as fruit breads, nut breads, seed-covered breads, sugar-coated breads and gluten breads and such other breads as shall be defined as fancy bread by the commissioner of farms and markets. The requirements of sections one hundred and ninety-four and one hundred and ninetyfive shall not apply to the sale of bread. (No. 7) Amend Assembly bill, printed No. 2021, as follows: Strike out all after the enacting clause and insert the following: "Section 1. Section two hundred and ninety-one of chapter sixty-two of the laws of nineteen hundred and nine, entitled 'An act in relation to taxation, constituting chapter sixty of the consolidated laws,' is hereby amended to read as follows: "8291. Allowance of writ of certiorari. Such petition must be presented to a justice of the supreme court or at a special terin of the supreme court in the judicial district in which the assessment complained of was made, within fifteen days after the completion and filing of the assessment-roll and the first posting or publication of the notice thereof as required by this chapter. Upon the presentation of such petition, the justice or court may allow a writ of certiorari to the officers making the assessment, to review such assessment, and shall prescribe therein the time within which a return thereto must be made. |