1. He shall have all the rights, powers and authority given by law to any administrator, except so far as the same may be qualified by the succeeding provisions: 2. He may, like any other administrator, sue and be sued; and he may plead the general issue in any action against him, and give the special matter of his defence, in evidence under that plea: 3. He shall make and return an inventory in all cases, in the same manner and within the same time as is required by law of other administrators; and the same proceedings may be had to compel such return : 4. He may sell the personal property of the deceased at public auction, after publishing notice thereof three days, daily, in a newspaper in the city of New York; but he shall not sell any property exceeding five hundred dollars in value, without having given such notice daily for fourteen days: 5. He shall not sell any public stock, or stock in any incorporated company, unless for the payment of debts, and on the order of the surrogate, to be duly entered in his records: 6. In all cases where the estate of any deceased person in his hands, shall exceed the value of two hundred and fifty dollars, he shall give notice to the creditors of the deceased, to exhibit their claims, by a publication once in each week for eight weeks, in a newspaper printed in the said city, and in the state paper: 7. He may, in his discretion, proceed as other administrators are allowed by law, to compel creditors to exhibit their claims, and with the like effect in all respects: 8. He shall adjust and pay all demands against the estate of the deceased, in the same manner as other administrators; and like them, may refer all disputes respecting such demands: 9. One year after he shall have become vested with the right of administering upon any estate, he shall account on oath to the surrogate of New York for all assets of such estate received by him, and for the application thereof; and the same proceedings may be had to compel such account, as are provided by law, in the case of administrators: 10. He may, in his discretion, proceed as other administrators are allowed by law, after the expiration of twelve months, from the time he became vested with the powers of an administrator on any estate, to have a final settlement of his accounts in relation to such estat,e and with the like effect: 11. In the settlement of his accounts, he shall not be allowed for any payments made by him, unless in addition to the other vouchers therefor, it shall appear that the same were made on a joint check, signed by himself and the comptroller of the city of New Deposit moneys. of How drawn out. relatives. York, upon the bank in which his deposits are required to be made; excepting that he may be allowed for current expenses authorized by law, not to exceed twenty dollars in any one case: 12. In the settlement of his accounts, he shall not be allowed for any demand which he may have against the estate of the deceased, unless such demand was specified in writing to the surrogate, at the time of applying for letters of administration, or at the time of fi ling the affidavit herein required to vest him with the rights of an administrator, nor unless it shall appear that he had such demand, or that his responsibility, on which it may be founded, existed previous to the death of the person, against whose estate it may be exhibited: 13. He shall pay all legacies and shares of the estate of the deceased, according to the decrees of the surrogate: 14. The balance of any moneys remaining in his hands on the adjustment of his accounts, shall be paid into the treasury of the city of New York; and he shall transfer and deliver to the corporation of the said city, all public stocks, and all stock in any incorporated company, belonging to the estate of the deceased. SEC. 36. The public administrator shall deposit all moneys by him collected and received, within two days after the receipt thereof, in such bank as the common council of the said city shall desig nate, to the joint credit of himself and the comptroller of the city of New York, excepting so much as may be necessary to pay the current expenses of any proceedings authorized by law, which shall be allowed by the surrogate of New York, and shall not exceed twenty dollars in any one case. SEC. 37. The moneys so deposited shall be drawn out only on the joint check of the public administrator and the said comptroller, in the cases where by law the public administrator is required to pay out moneys. The comptroller shall preserve a register of all checks signed by him, as a part of the documents of his office. Advances to SEC. 38. The public administrator may, at any time, advance to any relative of the deceased, such portion of the share of any estate to which he may be entitled, not exceeding fifty dollars, as in the opinion of the surrogate may be necessary for the support of such relative. SEC. 39. The public administrator shall exhibit to the common council of the city of New York, on the first day of January in each year, or within fourteen days after that day, a statement, on oath, of the moneys received by him for commissions and expenses, and of the total amount of his receipts and expenditures, in each case in which he shall have taken charge of and collected any ef fects, or in which he shall have administered on any estate, during the preceding year, with the name of the deceased, his addition, the place of his residence at the time of his death, if the same be known, and the country or place from which he came, if he was not a resident of this state at the time of his death. lished. SEC. 40. The public administrator shall cause the said statement To be pubto be published for three weeks, daily, in a newspaper in the city of New York, and twice in each week in the state paper; the expense of which shall be deducted by him from the balance in his hands, payable to the city treasury. omissions. SEC. 41. If any public administrator in the city of New York Penalty for shall neglect to render or to publish such statement, as herein before required, he shall forfeit five hundred dollars, to be recovered by the attorney-general, for the use of this state; and on such recovery being had, he shall forfeit his office, and be thereafter incapable of being appointed to the same. ty of corpo SEC. 42. The mayor, aldermen and commonalty of the city of Responsibili New York, shall, in all cases, be responsible for the application of rations. moneys received by the public administrator, according to law, and for the due and faithful execution of all the duties of his office. لله SEC. 43. The said corporation shall also be answerable for all stock transferred by the public administrator, and the dividends received thereon, and for all moneys paid into the city treasury by him, or which ought to be so transferred or paid in according to law, after deducting therefrom the commissions allowed by law; but not for any interest on such moneys, or dividends on stock. All persons who shall be entitled to receive such moneys and stock, as creditors, legatees, or relatives of the deceased, and all persons aggrieved by any unauthorized acts, or omissions, of the public administrator, shall have the same remedies against the said corporation for the same, as they would have against any executor. [It shall and may be lawful for the common council of the said city to give such directions, and to make such rules and regulations for the government of the said public administrator, as they may from time to time deem necessary and proper to carry into effect the provisions of said article; and it shall be his duty faithfully in all things to conform to the same. 1829, ch. 148, § 2.] Ibid. to be delivered successors. to SEC. 44. Whenever the public administrator shall resign, or be Papers, &c.. 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 into whose custody or pos Death transient session any such papers, money or effects may come, shall, on demand, deliver the same to the successor duly appointed. Such delivery may, in either case, be enforced in the manner provided in chapter fifth of the first part of the Revised Statutes, in relation to public officers. of SEC. 45. Every person keeping a boarding or lodging-house in to the city of New York, shall report in writing to the public adminbe reported. istrator, the name of every transient person who shall die in his persons Penalty for neglect, recovered. house, within twelve hours after such death. Whoever shall neglect to comply with this provision, shall forfeit one hundred dollars, to be sued for, and recovered by, and in the name of the public administrator, the one moiety thereof to his own use, and the other moiety to the use of the corporation of the said city. SEC. 46. The public administrator in New York shall cause a when to be copy of the last section to be left at every boarding and lodginghouse in the city of New York, 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.(1) (a) Who may hold circuits, COURTS IN THE CITY AND COUNTY OF NEW YORK. PART III, CHAP. I. TITLE IV. OF THE CIRCUIT COURTS, SITTINGS, AND COURTS OF SEC. 4. [Sec. 14.] Each justice of the Supreme Court, shall have &c. power to hold any circuit court, and to preside in any court of oyer and terminer, in this state, either for the whole time for which such court shall continue, or for any part of that time. In New SEC. 10. The courts of oyer and terminer of the county of New York, shall be composed of a justice of the Supreme Court. [This section thus amended by § 3, chap. 352, Laws of 1853.] Said courts. shall be held at the same time and place that circuit courts for that county shall be held. [1847, ch. 280, § 39.] (1) The provisions of this article are compiled from the laws of 1815, p. 161, and laws of 1821, p. 187, with additions and variations. (a) [Note B., Appendix.] court of oyer SEC. 29. The clerk of the Court of General Sessions of the Peace Clerk of in and for the county of New York shall, by virtue of his office, be & terminor. clerk of the Court of Oyer and Terminer in and for said city and county. [1847, ch. 307.] TITLE V.-OF THE COURTS OF COMMON PLEAS AND GENERAL Com. Pleas held. SEC. 30. [Sec. 22.] [The judges of the Court of Common Pleas In N. York, for the city and county of New York, elected pursuant to chapter how to be 255 of the Laws of 1847,] and the mayor, recorder and aldermen of the said city, shall be judges of the Court of Common Pleas of the said city and county.(2) [As modified 1847, ch. 255, § 7.] Shc. 31. [Sec. 23.] The said Court of Common Pleas, may also . be held by the [elected] judges, the mayor, or recorder, either alone, or with one or more of the other judges; but it shall be the special duty of [such elected judges] to hold the said court.(2) [Modified by same ch., § 7.] court to give condi SEC. 32. [Sec. 24.] The clerk of the city and county of New Clerk of that York, shall, by virtue of his office, be clerk of the Court of Com- bond. mon Pleas for the said city and county; and every person hereafter elected to that office, shall, before he enters on the duties thereof, execute a bond to the people of this state, in the penalty of fifteen thousand dollars, with two sufficient sureties, to be approved by the said first judge, conditioned that such clerk shall well and Its faithfully, in all things, apply, appropriate and pay over all such sums of money as he may from time to time receive, in virtue of his said office, during his continuance therein; and that if default be made therein, he and his sureties will jointly and severally answer and pay to the parties who may be injured by such default, all damages they may sustain; which bond, when so executed and (1) In the city of New York there exists a court of common pleas with an organization peculiar to itself, and a court of general sessions of the peace of which the judges of the Court of Common Pleas, the mayor, recorder and city judge, are judges. This court, with all the powers of the former courts of general sessions of the peace in the counties, has a more extensive jurisdiction than they possessed. In the enumeration of the courts of the state, in the ninth section of the Code of Procedure it is included with the courts in the other counties, under the term, "courts of sessions." (2) Laws of 1821, p. 64, secs. 2 and 11. tions. |