obtain it under this section through a proceeding instituted under section 2717, Code of Civ. Pro. Matter of Conway, 5 Dem. 290. (e) The public administrator is liable personally for property taken by him from the possession of a mortgagee who had obtained such possession in the lifetime of the intestate mortgagor, although such public administrator acted in his official capacity and in good faith. Levin v. Russell, 42 N. Y. 251, 254. Public administrator to deliver papers and moneys to his successor. § 245. Whenever the public administrator shall resign, or be removed from his office, he shall immediately deliver over all papers, money and effects in his hands to his successor; and in case of the death of such officer, the persons in whose custody or possession any such papers, money or effects may come, shall, on demand, deliver the same to the successor duly appointed. Such successor, upon duly qualifying, shall at once succeed to all the rights, duties and powers of his predecessor or predecessors in office without the reissuance of letters of administration to him. Such delivery may, in either case, be enforced in the manner provided by law in relation to public officers. (As amended by L. 1895, ch. 610, § 4.) Id.; deaths in hotels, etc., to be reported to. § 246. Every person keeping a hotel, or boarding or lodging-house in the city, shall report in writing to the public administrator the name of every person not a member of his family, who shall die in his or her house, within twelve hours after such death; and every coroner, within twelve hours after an inquest, shall report to the public administrator the name, if known, of the deceased person. Every undertaker shall also report to the public administrator, within twelve hours after burial by him, any deceased person having no next of kin known to him to be entitled to administer, the name and residence of such deceased person. Whoever shall neglect to comply with this provision shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by imprisonment in the penitentiary for a period not exceeding six months nor less than one month, or by a fine of one hundred dollars, one moiety of which shall be given to the informer and the other moiety paid into the city treasury. Id.; to deliver copies of foregoing section to hotels, etc. § 247. The public administrator shall cause a copy of the last section to be left at every boarding and lodging-house in the city, at least once in each year; and he shall not be entitled to recover of any person the penalty given by the last section, without due proof of the service of a copy of that section, personally on the defendant, previous to the neglect for which such suit may be brought, and within one year before the commencement of such suit. APPENDIX XII. COLONIAL CHAR THE ROYAL ENGLISH COLONIAL GOV. NICOLLS' CHARTER.* WHEREAS, upon mature deliberation and advice, I have found it necessary to discharge the form of government late in practice within this his Majesty's town of New York, under the name and style of Schout, Burgomasters, and Schepens, which are not known or customary in any of his Majesty's dominions.-To the end that the course of justice for the future, may be legally, equally and impartially administered to all his Majesty's subjects, as well inhabitants as strangers.— Know all men by these presents, that I, Richard Nicolls, Deputy Governor to his Royal Highness, the Duke of York, by virtue of his Majesty's letters patent, bearing date the 12th day of March, in the sixteenth year of his Majesty's reign, do ordain, constitute and declare, that the inhabitants of New York, New Harlem, and all other his Majesty's subjects, inhabitants upon this island, commonly called and known by the name of Manhattan Island, are and shall be forever accounted, nominated and established, as one body politic and corporate, under the government of a Mayor, Aldermen and Sheriff; and I do by these presents constitute and appoint, for one whole year, commencing from the date hereof, and ending the 12th day of June, which shall be in the year of our Lord, 1666; Mr. Thomas Willet to be Mayor, Mr. Thomas De La Vall, Mr. Olaffe Stevenson, Mr. John Brugges, Mr. Cornelius Van Ruyven and Mr. John Lawrence to be Aldermen; and Mr. Allard Anthony to be Sheriff; giving and granting to them, the said Mayor and Aldermen, or any four of them, whereof the said Mayor or his Deputy shall be always one, and upon equal division of voices, to have always the casting and decisive voice, full power and authority to rule and govern as well all the inhabitants of this Corporation as any strangers, according to the general laws of this government, and such peculiar laws as are or shall be thought convenient or necessary for the good and welfare of this his Majesty's Corporation; as also to appoint such under officers as they shall judge necessary for the ordinary execution of justice. And I do hereby strictly charge and command all persons to obey and execute, from time to time, all such warrants, orders and constitutions as shall *A charter was granted to the city by the Dutch Government on February 2, 1657, which is on file in the Secretary of State's office. See Kent's City Charters, p. 107; Hoffman's Estate and Rights of Corporation of New York, vol. 1, p. 18. be made by the said Mayor and Aldermen, as they will answer the contrary at their utmost peril; and for the due administration of justice, according to the form and manner prescribed in this commission by the Mayor, Aldermen and Sheriff these presents shall be to them, and every of them, a sufficient warrant and discharge in that behalf. Given under my hand and seal, at Fort James, in New York, this 12th day of June, 1665. RICHARD NICOLLS.* THE DONGAN CHARTER.+ George the Second, by the grace of God, of Great Britain, France and Ireland, king, defender of the faith, etc. To all whom these present letters shall come, greeting: WHEREAS, On the twenty-second day of April, in the year of our Lord one thousand six hundred eighty and six, Thomas Dongan, then lieutenant-governor and vice-admiral of New York and its dependencies, under our predecessor, James (the Second), then king of England, etc., did make and execute a certain grant, or instrument in writing, under the seal of the province of New York, in these words following: 1. Thomas Dongan, lieutenant-governor and vice-admiral of New York and its dependencies, under his majesty James (the Second), by the grace of God, of England, Scotland, France and Ireland, king, defender of the faith, supreme lord and proprietor of the colony and province of New York, and its dependencies in America, etc., to all to whom this shall come, sendeth greeting: Recital of ancient rights and privileges. WHEREAS, The city of New York, is an ancient city within the said province, and the citizens of the said city, have anciently been a body politic and corporate; and the citizens of the said city have held, used and enjoyed, as well within the same, as elsewhere, in the said province, divers and sundry rights, liberties, privileges, franchises, free customs, pre-eminences, advantages, jurisdictions, emoluments and immunities, as well by prescription as by charter, letters patent, grants and confirmations, not only of divers governors and commanders in chief, in the said province, but also of several governors, directors, generals and commanders in chief, of the Nether Dutch nation, whilst the same was, or has been under their power and subjection; and WHEREAS, Divers lands, tenements and hereditaments, jurisdictions, liberties, immunities and privileges, have heretofore been given and granted, or mentioned to be given and granted, to the citizens and inhabitants of the said city, sometimes by the name of schout, burgomasters, and schephens of the city of New Amsterdam; and sometimes by the name of the mayor, aldermen and commonalty of the city of New York; sometimes by the name of the mayor, aldermen and sheriff, of the city of New York; sometimes by the name of the mayor and aldermen of the city of New York; and by divers other names as by The ancient spelling of the original charter is not reproduced above. For acts of the corporation under this charter, see Hoffman's Estate and Rights of Corporation of New York, vol. 2, p. 5. For petition of mayor, aldermen and commonalty of city of New York to Lieutenant-Governor Dongan for this charter, see Hoffman's Estate and Rights of Corporation of New York, vol. 2, p. 7. their several letters patents, charters, grants, writings, records and minuments, amongst other things, may more fully appear; and WHEREAS, The citizens and inhabitants of the said city have erected, built and appropriated, at their own proper costs and charges, several public buildings, accommodations, and conveniences for the said city, that is to say, the city hall, or stat-house, with the ground thereunto belonging, two market-houses, the bridge into the dock, the wharves or dock, with their appurtenances; and the new burial place without the gate of the city; and have established and settled one ferry from the said city of New York to Long Island, for the accommodation and convenience of passengers, the said citizens and travelers; and WHEREAS, Several, the inhabitants of the said city, and of Manhattan's Island, do hold from and under his most sacred majesty respectively, as well by several and respective letters, patents, grants, charters and conveyances, made and granted by the late lieutenants, governors or commanders in chief, of the said province as otherwise, several and respective messuages, lands, tenements and hereditaments, upon Manhattan's Island, and in the city of New York, aforesaid, and that as well the said mayor, aldermen and commonalty of the said city, and their successors, as also, the inhabitants of the said Manhattan's Island, and the city of New York, aforesaid, and their heirs and assigns respectively, may hold, exercise and enjoy, not only such and the same liberties, privileges and franchises, rights, royalties, free custom, jurisdictions and immunities, as they have anciently had, used, held and enjoyed; but also such public buildings, accommodations, conveniences, messuages, tenements, lands and hereditaments, in the said city of New York, and upon Manhattan's Island aforesaid, which, as aforesaid, have been by the citizens and inhabitants erected and built, or which have as aforesaid, been held, enjoyed, granted and conveyed unto them, or any of them respectively. Grant to the corporation of all their former rights and privileges. 2. Know ye, therefore, that I, the said Thomas Dongan, by virtue of the commission and authority unto me given, and power in me residing, at the humble petition of the now mayor, aldermen and commonalty of the said city of New York, and for divers other good causes and considerations, me thereunto moving, have given, granted, ratified and confirmed, and by these presents, for and on the behalf of his most sacred majesty aforesaid, his heirs, successors and assigns, do give, grant, ratify and confirm unto the said mayor, aldermen and commonalty of the said city, all and every such and the same liberties, privileges, franchises, rights, royalties, free customs, jurisdictions and immunities which they, by the name of the mayor, aldermen and commonalty, or otherwise, have anciently had, held, used, or enjoyed; provided always, that none of the said liberties, privileges, franchises, rights, free customs, jurisdictions, or immunities be inconsistent with, or repugnant to the laws of his majesty's kingdom of England, or any other the laws of the general assembly of this province; and the aforesaid public buildings, accommodations and conveniences in the said city, that is to say, the aforesaid city hall, or stat-house, with the ground thereunto belonging, two market-houses, the bridge into the dock, the wharves or dock, the said new burial place, and the aforementioned ferry, with their and every of their rights, members and appurtenances, together with all the profits, benefits and advantages which shall or may accrue and arise at all times hereafter, for dockage or wharfage, within the said dock, with all and singular the rents, issues, profits, gains and advantages which shall or may arise, grow or accrue by the said city hall, or stat-house, and ground thereunto belonging, market-houses, bridge, dock, burying place, ferry, and other the above-mentioned premises, or any of them; and also, all and every the streets, lanes, highways and alleys within the said city of New York, and Manhattan's Island aforesaid, for the public use and service of the said mayor, aldermen and commonalty of the said city, and of the inhabitants of Manhattan's Island aforesaid, and travelers there; together with full power, license and authority to the said mayor, aldermen and commonalty, and their successors forever, to establish, appoint, order and direct the establishing, making, laying out, ordering, amending and repairing of all streets, lanes, alleys, highways, water-courses, ferry and bridges, in and throughout the said city of New York and Manhattan's Island, aforesaid necessary, needful and convenient for the inhabitants of the said city, and Manhattan's Island, aforesaid, and for all travelers and passengers there; provided always, that this said license so as above granted, for the establishing, making, laying out of streets, lanes, alleys, highways, ferries and bridges, be not extended or be construed to extend, to the taking away of any person or person's right or property, without his, her, or their consent, or by some known law of the said province. And for the considerations aforesaid, I do likewise give, grant, ratify and confirm unto all and every the respective inhabitants of the said city of New York, and of Manhattan's Island aforesaid, and their several and respective heirs and assigns, all and every the several and respective messuages, tenements, lands and hereditaments, situate, lying and being in the said city, and Manhattan's Island aforesaid, to them severally and respectively granted, conveyed and confirmed, by any the late governors, lieutenants, or commanders in chief, of the said province, or by any of the former mayors, or deputy mayors, and aldermen of the said city of New York, by deed, grant, conveyance, or otherwise howsoever; to hold to their several and respective heirs and assigns forever. Grants to the corporation of all waste and vacated lands on Manhattan's Island. 3. And I do by these presents give and grant unto the said mayor, aldermen and commonalty of the said city of New York, all the waste, vacant, unpatented and unappropriated lands lying and being within the said city of New York and on Manhattan's Island aforesaid, extending and reaching to the low-water mark in, by and through all parts of the said city of New York and Manhattan's Island aforesaid, together with all rivers, rivulets, coves, creeks, ponds, waters and water-courses in the said city and island, or either of them, not heretofore given or granted by any of the former governors, lieutenants or commanders in chief under their or some of their hands and seals or seals of the province, or by any of the former mayors or deputy mayors and aldermen of the said city of New York, to some respective person or persons late inhabitants of the said city of New York or Manhattan's Island or of other parts of the said province. And I do by these presents give, grant and confirm unto the said mayor, aldermen and commonalty of the said city of New York and |