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not claimed,

general to

sold, and

deposited.

SEC. 1405. When succession is not claimed as provided Succession in the preceding section, the district court, on information, attorneymust direct the attorney-general to reduce the property to cause to be his or the possession of the State, or to cause the same to proceeds be sold, and the same or the proceeds thereof to be deposited in the State treasury for the benefit of such non-resident foreigner, or his legal representative, to be paid to him whenever, within five years after such deposit, proof to the satisfaction of the State controller and treasurer is produced that he is entitled to succeed thereto.

Statutes of 1856, p. 137, § 1.

See note to section 1737 of Code of Civil Procedure, on page 237, ante; see, also, cases cited under preceding section.

property

escheat to

SEC. 1406. When so claimed, the evidence and the joint when the order of the controller and treasurer must be filed by the and estate treasurer as his voucher, and the property delivered, or the the State. proceeds paid to the claimant on filing his receipt therefor. If no one succeeds to the estate or the proceeds, as herein provided, the property of the decedent devolves and escheats to the people of the State, and is placed by the State treasurer to the credit of the school fund.

Statutes of 1856, p. 137, § 1.

escheated

charges as

SEC. 1407. Real property passing to the State under the Property last section, whether held by the State or its officers, is subject to subject to the same charges and trusts to which it would other prophave been subject if it had passed by succession, and is also subject to all the provisions of Tit. VIII, Part III, of the Code of Civil Procedure.

Statutes of 1870, p. 72, § 1; 1862, p. 103, § 2 et seq.; 1855, p. 222, § 1, et seq.;

N. Y. C. C., § 668.

erty.

liable for

SEC. 1408. Those who succeed to the property of a dece- successor dent are liable for his obligations in the cases, and to the decedent's extent prescribed by the code of civil procedure.

N. Y. C. C., § 669.

See Title XI, Part III, of the Code of Civil Procedure, being the first four

teen chapters, ante.

obligations.

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Minors, who

are.

Periods of minority, how calcu

lated. N. S.

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30. Persons made adults by other States, considered as such in this

State, when domiciled herein.

31. Minors by the laws of other State or country, how considered

in this State.

32. Custody of minors.

33. Minors cannot give a delegation of power.

34. Contracts of minors made; disaffirmed.

35. When minor may disaffirm.

36. Cannot disaffirn, contracts for necessaries.

37. Nor certain obligations.

38. Contracts of persons without understanding.

39. Contracts of other insane persons.

40. Powers of persons whose incapacity has been adjudged.

41. Minors liable for wrongs, but not liable for exemplary damages. 42. Minors may enforce their rights.

SEC. 25. Minors are:

1. Males under twenty-one years of

age.

2. Females under eighteen years of age.

Statutes of 1854, p. 155; Cool. Bl. Comm. I, p. 463; N. Y. C. C., § 10.

SEC. 26. The periods specified in the preceding section, shall be calculated from the first minute of the day on

which persons are born, to the same minute of the corresponding day completing the period of minority.

NOTE -The first second of the preceding day is the common law rule. (1 Sh.rs. Bl. Com. 463, and note 11.)

SEC. 27. All other persons are adults.

N. Y. C. C., § 11.

Adults, who are.

Over Section 28, Page 343.

28, 30, 31 of said Code are repealed.

33. A minor cannot give a delegation of power, nor, under the age of eighteen, make a contract relating to real property, or any interest therein, or relating to any personal property not in his immediate possession or control.

its interests, in the event of its subsequent in.

N. Y. C. C., § 12; Cool. Bl. Comm., I, 128.

See Story Confl. of Laws, 69; 2 Kent's Com. 234, and notes.

ig

made adults

SEC. 30. Persons made adults by the laws of a State or Persons foreign country in which they were domiciled, are adults in by other this State when they become domiciled herein.

See Story on Conflict of Laws, 52; Tyler on Infancy and Coverture, 35.

States, considered as such in this State, when domiciled herein.

Minors by

other State or country, how consid

SEC. 31. Minors by the laws of another State or foreign N. S. country wherein they have been domiciled, are not deemed the laws of adults under this Code, so as to affect or alter their rights. in relation to contracts made in such State or foreign ered in this country.

See Story on Conflict of Laws, 69; 2 Kent, 234, and notes.

State.
N. S.

minors.

SEC. 32. The custody of minors and persons of unsound Custody of mind is regulated by Part III of this Division.

N. Y. C. C., § 14.

SEC. 33. A minor cannot give a delegation of power. (a) Minors can

N. Y. C. C., § 15.

(a)NOTE-(From Civil Code.)-SEC. 575. Married women and minors may, in their own right, make and draw deposits, and draw dividends, and give valid receipts therefor. Statutes of 1862, p. 199, §§ 14, 15; 1864, p. 158, §4; 1870, p. 132, §§ 2, 3.

NOTE. This section relates to Savings Banks.

SEC. 561. Such shares of stock in homestead corporations as may be acquired by, and on which the deposits and assessments are paid from the personal earnings of, children, or with gifts to them other than those from their male parents, may be taken and held for them by their parents or guardians. Married women may hold such shares as they acquire similarly, with the personal earnings of themselves or their children, voluntarily bestowed

not give a delegation of power.

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A minor may make a convevance or other eon

Page 344.

34. A minor may make any other contract than as above specified, in the same manner as an adult, subject only to his power of disaffirmance under the provisions of this Title, and subject to the provisions of the Titles on marriage, and on master and servant.

35. In all cases other than those specified in sections thirty-six and thirty-seven, the contract of a minor, if made whilst he is under the age of eighteen. may be disaffirmed by the minor himself, either before his majority or within a reasonable time afterwards. or, in case of his death within that period, by his heirs or personal representatives; and if the contract be made by the minor whilst he is over the age of eighteen, it may be disaffirmed in like manner upon restoring the consideration to the party from whom it was received, or paying its equivalent.

36. A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them.

38. A person entirely without understanding has no power to make a contract of any kind, but he is liable for the reasonable value of things furnished to him necessary for his support or the support of his family.

39. A conveyance or other contract of a person of unsound mind, but not entirely without understanding made before his incapacity has been judicially deter mined, is subject to rescission, as provided in the Chapter on Rescission of this Code.

N. Y. C. C., § 21.

therefor, or from property bequeathed or given them by persons other than their hus-
bands. Statutes of 1861, p. 567, § 6.

SEC. 648. Married women and minors may be admitted as members and may take and
hold shares in such corporations, and may execute all necessary instruments and give all
necessary acquittances, and sell and transfer their shares, in like manner as other mem-
bers. Statutes of 1861, p. 567, § 6.

NOTE. This section relates to land and building corporations.

persons

pacity has

judged.

SEC. 40. After his incapacity has been judicially deter- Powers of mined, a person of unsound mind can make no conveyance whose incaor other contract, nor delegate any power, nor waive any been adright, until his restoration to capacity is judicially determined. But if actually restored to capacity, he may make a will, though his restoration is not thus determined.

N. Y. C. C., § 22.

liable for

SEC. 41. A minor, or a person of unsound mind of what- Minors ever degree, is civilly liable for a wrong done by him; but is wrongs. not liable in exemplary damages unless at the time of the act he was capable of knowing that it was wrongful.

See Addison on Torts (Green's Abridgement), 44; N. Y. C. C., § 23.

enforce

SEC. 42. A minor may enforce his rights by civil action Minors may or other legal proceedings, in the same manner as a person their rights. of full age, except that a guardian must be appointed to conduct the same.

N. Y. C. C., § 25.

ARTICLE II.

[From Civil Code.]

MASTER AND SERVANT.

SECTION 264. Minors may apprentice themselves. 265. Consent of parents, etc., requisite.

296. Written consent.

267. Executors may bind.

268. Supervisors may bind out.

269. Town officers.

270. Age of apprentice to be inserted in indentures.

271. Indentures, conditions in.

272. Same.

273. Deposit of indentures.

274. Alien minors.

275. Contract under preceding section to be acknowledged.

276. Causes for annulling indentures.

apprentice

SEC. 264. Every minor, with the consent of the persons Minors may or officers hereinafter mentioned, may, of his own free will, themselves. bind himself, in writing, to serve as clerk, apprentice or servant, in any profession, trade or employment, during his minority; and such binding shall be as valid and effectual

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