1847.-CHAPTER CCCXCI. AN ACT authorizing Courts of Equity to order the Sale of Rights of The People of the State of New York, represented in Senate and Assembly, do enact as follows: sale and when to be Supreme SEC. 1. In all cases where several persons are the owners or claim Absolute to be the owners, such persons being minors or non-residents of conveyance, this state, of any real estate or chattels real, lying within the bounds decreed by of the city and county of New York, having different estates or Court. estates in common therein, in possession, remainder or reversion, and which said persons shall, by virtue of such ownership, or claim to such ownership, be entitled, or claim to be entitled, by law to a pre-emptive right to have, take or demand the grant or lease of any other land or easement in land from the mayor, aldermen and commonalty of the city of New York, the Supreme Court of this state shall have, and such court is hereby vested with full power and authority on the application of either of said owners, or of the said mayor, aldermen and commonalty of the city of New York, to decree an absolute sale and conveyance of such right of pre-emption, and to make such disposition of the net moneys arising from such sale, after the payment of the costs and expenses of the proceedings, as shall be just and proper according to the rights and interests of the said several owners. be made and SEC. 2. Such sale shall be made and conducted on like notice, by Sale, how to the like officer, and in the same manner and form as sales of real conducted. estate on the foreclosure of a mortgage by virtue of a decree or order of said court, and a deed of conveyance for the said right of pre emption shall in like manner be executed and delivered to the purchaser; which deed shall vest in the purchaser absolutely all the claim, right, title and interest of the owner of the said right of pre-emption, and every of them, of, in or to the said right of preemption thus sold and conveyed: Provided, always in every case, Proviso. the applicant shall give six weeks' previous notice of such intended application, if the owners entitled by law to such pre-emption right are residents; and six months' previous notice of such intended application, if the owners are non-residents of the state, by publication in two daily newspapers printed in the city of New York, prior to such application to the court for an order of sale; and provided also, that the court shall be satisfied that such order of sale shall not interfere with, or impair the obligation contained in any lease Provision in case of in fants. Notice, how to be served on owners. Parties may purchase. or contract made by the said mayor, aldermen and commonalty, to or with any person or persons whatsoever. SEC. 3. In all cases where any owner shall be an infant, a guardian shall be appointed for such infant in such manner, who shall give the like security and possess the like powers, and discharge the like duties as in cases for the partition of lands. SEC. 4. Whenever any owner shall reside in the city of New York, notice of such intended application shall be served personally on such owner, or by leaving the same at his dwelling-house with some person of suitable age and discretion, at least twenty days before such application is made; and in all cases where such owner shall reside out of the said city, and within any of the United States, and such place of residence be known to the applicant, such notice shall be served by mail, addressed to such owner at his place of residence, at least three months before such application is made. Proof of such service by affidavit shall be made to the court before any order of sale shall be made. SEC. 5. Any of the parties to said suit may become the purchaser on said sale. SEC. 6. This act shall take effect immediately. emoluments 1847. CHAPTER CCCCXXXII. AN ACT in relation to the Fees and Compensation of certain Officers in the City and County of New York.-Passed December 10, 1847, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: Fees and SEC. 1. All the fees, perquisites and emoluments of the surrogate shall belong of the city and county of New York, of the clerk of the city and of New York. county of New York, of the clerk of the Superior Court of the city to the of New York, and of the register of the city and county of New York, or which such surrogate, clerks and register may now or hereafter by law be permitted or entitled to take by virtue of their said offices, for all official services whatsoever rendered by them respectively, shall belong to and be for the benefit of the city and county of New York, and shall be collected by them respectively, and accounted for and paid over into the treasury of said city and county as hereinafter provided; and in lieu of such fees, perqui sites and emoluments, there shall be paid to the said surrogate, clerks and register respectively, the salaries or compensations allowed by this act, and no other salaries or compensation whatever. surrogate. SEC. 2. There shall be allowed to the surrogate of the city and Salary county of New York, a salary at and after the rate of three thousand dollars a year, as his compensation for all services whatever which he may perform as such surrogate or by virtue of his office. of city and SEC. 3. There shall be allowed to the clerk of the city and county Salary of the of New York, a salary at and after the rate of two thousand and county clerk five hundred dollars a year, as his compensation, which shall be in lieu of all fees, perquisites and emoluments, to which he is now by law entitled, for discharging the duties of county clerk, clerk of the Court of Common Pleas, clerk of the County Court, clerk of the Supreme Court in law and equity, and for the performance of any other duty prescribed or to be prescribed by law, directly or indirectly, to the said clerk of the city and county of New York, or * which he may perform by virtue of that office. of clerk of su SEC. 4. There shall be allowed to the clerk of the Superior Court Salary of the city and county of New York, a salary at and after the rate perior court. of two thousand and five hundred dollars a year, for his compensation, for all services whatsoever which he may perform as such clerk or by virtue of his office. register. SEC. 5. There shall be allowed to the register of the city and Salary of county of New York, a salary at and after the rate of two thousand and five hundred dollars a year, for his compensation for all services which he may perform as such register or by virtue of his office. sors may increase or diminish sala SEC. 6. The supervisors of the said city and county of New York The supervimay at any time in the year one thousand eight hundred and fortyseven, and in every second year after the year one thousand eight res hundred and forty-seven, increase or diminish the salaries of the said surrogate, register, county clerk and clerk of the Superior Court as fixed by this act, or of either of them, but no such increase or diminution shall vary any of said salaries more than five hundred dollars from the sums at which they are respectively fixed by this act, and any such increase or diminution shall take effect on the first day of January next after the same shall be so made by the said board. may be ap SEC. 7. The said surrogate, clerks and register shall severally Assistants have the power to appoint so many assistants, to aid them in the pointed. performance of the duties of their respective offices, as they shall ments to deem necessary for that purpose, not exceeding the number which they shall, from time to time, be authorized to appoint by the board of supervisors of the said city and county, whose duty it shall be, from time to time, to prescribe the number of assistants that may be so appointed, which number may at any time be increased or diminished by the said board; and the said board shall also fix, and may from time to time change the salaries to be paid to the assistants so appointed, but no such salary shall exceed the rate of twelve hundred dollars a year, except for the assistant who shall be the deputy in the register's office, and the assistant who shall be the deputy in the county clerk's office, to which assistants, being such deputies, such board may provide for paying a salary not exceeding the rate of fifteen hundred dollars a year. Appoint- SEC. 8. The appointment of every assistant under and by virtue be made in of this act, shall be made in writing and filed in the office of the writing. Exact account of fees clerk of the city and county of New York, before such assistant. shall enter upon the discharge of his duties, and the officer who, shall appoint any such assistant, shall be responsible for the acts of such assistant. SEC. 9. It shall be the duty of said surrogate, clerks and register to be kept. respectively, to keep an exact account in a book or books, to be provided for that purpose, at the expense of the people of the city of New York, of all fees, perquisites and emoluments actually received by such officers, respectively, for any service done by them or their assistants in his or their official capacity, by virtue of any law of this state; and of all fees, perquisites and emoluments which such surrogate, clerk and register shall be entitled to demand and receive from any person, for any service rendered by them or either of them in their official capacity pursuant to law. Such books shall show when and for whom every such service shall have been performed, its nature, and the fees chargeable therefor; and shall, at all times during office hours, be open to the inspection, without any fee or charge therefor, of all persons desiring to examine the same; and they shall be deemed a part of the records of the office in which they shall be kept, and shall be preserved therein as other books of records are. Transcripts of accounts SEC. 10. A transcript of such accounts, to be made in such form to be made as shall be prescribed by the comptroller of the city and county of tecity comp- New York, shall be transmitted by such officers for each calendar monthly. month, and within ten days from the expiration thereof, to the troller comptroller of said city and county, which shall be verified by the oaths of such officers respectively, or by their assistants respectively, which transcript shall contain a statement of all moneys received by such officers for fees, perquisites and emoluments, for services done by them or their assistants respectively, in their official capacity by virtue of any law of this state since making the last preceding transcript and return, specifying the total amount received from each person and the name of each person; and also a statement of the fees, perquisites and emoluments which such officers or their assistants shall be entitled to demand from any person for services rendered in his or their official capacity, by virtue of any law of this state since making the last preceding return, which shall have been made by such officers, specifying the amounts chargeable to such person, the names of such persons, and the character of the service rendered. And the verification of every account so transmitted to such comptroller, shall be positive, and not upon information or belief. tion to as when allow SEC. 11. No account for the compensation for services of any as- Compensasistant to be appointed under and by virtue of this act, shall be al- sistants, lowed until such assistant shall have certified, on oath or affirmation, ed. that the services have been performed for which such account may be rendered, and that he has not in any way, directly or indirectly, paid or given, nor contracted to pay or give any reward or compensation for his office or employment, or the emoluments thereof. neglect, etc. SEC. 12. Any officer referred to in this act, who shall receive to Penalty for his own use, or neglect to account for in such mode as the board of supervisors of the city and county of New York may direct, any fees, perquisites or emoluments by this act declared to belong to and be for the benefit of the city and county of New York, or shall neglect to render to the said comptroller an account of the fees accruing at his office, or to pay over the same, as herein required, shall be deemed guilty of a misdemeanor, and punishable with a fine of not less than five hundred dollars, nor exceeding five thousand dollars, or imprisonment in the penitentiary for a period not less than three months, nor exceeding one year, or both, at the discretion of the court before whom said officer may be convicted, and in addition, shall forfeit any sum that may be due to him on account of his salary, and shall be liable to the said city and county in a civil action, for all moneys so received and not accounted for and paid over into the treasury of said city and county, pursuant to the requirements of this act. assistants to SEC. 13. The board of supervisors of said city and county are officers and hereby authorized and empowered to require from the surrogate of give security the city and county of New York, the clerk of the city and county of New York, the clerk of the Superior Court of the city of New York, and the register of the city and county of New York, and |
