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County treasurers

moneys on

lu each year.

S 5. It shall be the duty of the several county treasurers to pay over of this state, on or before the first day of April in each year ist ber april to pay to the treasurer of this state the amount of state tax

raised and paid over to them respectively, retaining the compensation to which they may be entitled, and which compensation shall not exceed the amounts now authorized by law, and shall not in any case exceed the sum of two thousand dollars. But in case any county treasurer shall not pay over the said state tax, as here directed, the comptroller shall charge on all sums withheld, such rate of interest as shall be sufficient to repay all expenditures incurred by the state in borrowing money equivalent to the amount so withheld, and such additional rate as he shall deem proper, not exceeding ten per cent per year, from the first day of April in each year, and he may collect such interest from such defaulting county treasurers by suit.

Avails or
Bales. how

CHAP. 400.
AN ACT to amend section thirty-six of title four, chapter

six, part second of the Revised Statutes, “Of sales of
real estate by Executors and Administrators.”

Passed May 4, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Section thirty-six of title four, chapter six, part second of the Revised Statutes is hereby amended so as to read as follows:

36. The surrogate shall, in the first place, pay out of the expended. said moneys the charges and expenses of the sale; he sball

next satisfy any claim of dower which the widow of the tes-
tator or intestate may have upon the lands so sold, by the
payment of such sum, in gross, as shall be deemed, upon the
principles of law, applicable to annuities, a reasonable satis-
faction for such claim, if the widow shall consent to accept
such sumn in lieu of her dower, by an instrument under seal,
duly acknowledged or proved, in the same manner as deeds
entitled to be recorded, and then from the residue he shall
pay any sum which may have been found due to the execu-
tors or administrators upon the settlement of their accounts
after applying thereon the proceeds of the personal estate of
the testator or intestate.
$ 2. This act shall take effect immediately.

Ante, vol. 2, p. 110; 5 N. Y., 394; 2 N. Y., 245; 3 B. Ch. 611.

Care of library.

CHAP. 401.
AN ACT to establish a law library for the eighth judicial

district in the city of Buffalo.

Passed May 4, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact at follou's :

$ 1. There shall be a law library located at the city of Butfalo, which shall be known as the law library of the eighth judicial district.

$ 2. The said library shall be under the care and management of the trustees of the Grosvenor library, subject, however, to such orders, rules and regulations touching the same, as may be made from time to time by a majority of the justices of the supreme court residing in said district. All appropriations made for said library shall be paid to the said trustees, to be by them disbursed in the purchase of books for said library. The said trustees may make rules and regulations for the management and protection of said library, and prescribe penalties for the violation thereof; they may sue for and recover such penalties, and may maintain actions for injuries to said library ; they may procure proper furniture for said library, hire suitable rooms, employ a librarian, provide fuel and lights, and defray all the incidental expenses of the care and management of said library; they shall yearly ascertain the amount necessary for the aforesaid purposes and certify it to the board of supervisors of Erie county, who shall pay the same. They shall yearly make a report to the regents of the university, of the state of said library.

$ 3. The librarian or person in charge of the several libraries Librarians belonging to the state, except the state library at Albany, trustees. shall, without delay, report to the said trustees what duplicates of law books are in such library, and upon the request of such trustees shall deliver one of such duplicates to them for the use of the library hereby established, except such duplicates as may be kept for the exclusive use of the court of appeals or the members thereof. The trustees of the state library are hereby authorized to place in the library hereby founded any duplicates of books in their possession which they may deem proper.

S 4. Any person who shall willfully injure any of the Injury to books, furniture or property of said library shall be guilty of à misdemeanor.

$5. The sum of five thousand dollars is hereby appro- .000 appropriated to the use of the said library, which sum tbe treasurer is hereby required to pay on the warrant of the comptroller.

$ 6. This act shall take effect immediately.

priated

Letters on estates of non-residents.

CHAP, 403.
AN ACT in relation to the grant of letters of administra-

tion upon the estates of non-residents.

Passen May 4, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$1. Whenever the will of a testator or testatrix, domiciled without this state at the time of his or her death, shall bave been admitted to probate within this state, on the production of an exemplification of the foreign record thereof, or otherwise; and whenever administration of the estate of au intestate so domiciled shall have been granted by competent authority, in the state or county of such domicile, letters testamentary or of administration, on such estate, may be granted within this state by the surrogate by whom such will shall have been so admitted to probate, or by any other surrogate having jurisdiction, to the executors, administrators or other person or persons entitled to the possession of the personal estate in the state or country of such domicile, or to any person or persons authorized by him or them to receive the same, upon such amount of security only as may be reqnired by such surrogate, in his discretion, to be given in consideration of the probable amount of debts due or owing by the decedents to residents of this state, to be proved to his satisfaction and as in his judgment may be sufficient to secure the payment of such debts.

S 2. Prior to granting such letters, such surrogate shall cause notice to be published of the application therefor, and of the time fixed for hearing the same, once in each week for the period of six months, in the state paper and in a newspaper published in the county of such surrogate, proof of which publication shall be filed with the said surrogate.

S 3. The surrogate sball examine the party applying for such letters, or his agent, on oath, as to the creditors of the deceased, residing in this State, and if any such creditors are found to reside witbin this state, they shall be cited to appear before such surrogate on the granting of such administration, which citation shall be served in the like manner as citations are required to be served on the proof of wills, at least thirty days before the day specified in the said notice so required to be published, as aforesaid, proof of which service shall be filed with the said surrogate.

Anto vol. 2, p. 75.
$ 4. This act shall take effect immediately.

Publication of notices.

Citation to creditors.

of same.

CHAP 404.
AN ACT in regard to certain officers in the several coun-

ties of this State.

PASSED May 4, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$1. Each officer in the several counties of this state, who Alicementy shall receive, or is authorized by law to receive, any money on money to account of any fine or penalty or other matter, in which his make a county, or any town or city therein, shall have an interest, shall make a report in writing every year, bearing date the first day of November, in which he shall state particularly the time when, and the name of the person or persons from whom such money has been received, and also the amount, and on what account the same was received, and also all sums remaining undue and unpaid, which report shall include all receipts of moneys before mentioned that he has received during the year next preceding the date of his report, and if no such moneys have been received, his report shall state such facts. Said report shall be made to the board of supervisors of his county, duly verified by oath, and filed with the clerk of said board on or before the fifth day of November, in each and every year, and no officer shall be entitled to receive payment for services, salary or otherwise, from the supervisors or from a city or county treasurer, unless he shall file with the supervisors his affidavit that he has made such report and has paid over all moneys which he is bound to pay over.

As amended by chap. 341 of the Laws of 1864. See post p. 259. $ 2. Each officer who shall have received such moneys as omcers to provided in the preceding section of this act shall, within to county ninety days after the receipt thereof, pay the whole amount ninety days so received, without any deductions for costs or charges in of same. collecting the same, to the treasurer of his county, who shall give to such person duplicate receipts therefor, one of which receipts shall be attached to the annnal report to the board of supervisors hereinbefore provided to be made ; provided, that nothing in the preceding section contained shall be construed to apply to moneys received by any town or city officer in his official capacity as such town or city officer, specially appropriated for any town or city purpose.

$ 3. It shall be the duty of the district-attorney of the seve. Dotyo? ral counties of this state, to sue for and recover in behalf of attorney. and in the name of his county, the money received by any officer for or on account of such county or any town or city therein, and not paid to the county treasurer of such county as provided in the preceding section of this act.

Disposition of moneys.

S 4. All moneys belonging to any town or city in such county, which shall be received by the county treasurer, shall be distributed to the several towns or cities entitled to the same, by resolutions passed by a majority of the board of supervisors at any legal meeting thereof, which resolutions shall be entered at length in the minutes of the proceedings of said board.

$ 5. Each officer of the several counties of this state, who shall neglect or refuse to make the report, or pay over moneys received by him, as provided in sections one, two and three of this act, shall be deemed guilty of a misdemeanor.

$ 6. Tbis act shall take effect immediately.

Neglect of officer & misde meanor.

CHAP 409.
AN ACT supplementary and amendatory of chapter three

hundred and ninety-seven of the Laws of eighteen
hundred and sixty-two, relating to the auditing of mili-
tary accounts.

PASSED May 4, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. All military accounts and claims against the state, which have accrued or may accrue in the organization, pay, equipment, quartering, subsistence and other proper expenses of troops raised for the service of the United States since the first day of June, eighteen hundred and sixty-one, may be audited under the provisions of chapter three hundred and ninety-seven of the Laws of eighteen hundred and sixty-two, and paid from the appropriations made by that act.

$ 2. All proper expenses of the auditing board, created pursuant to chapter three hundred and ninety-seven of the Laws of eighteen hundred and sixty-two, may be paid from the appropriation made in said act, on the certificate of said board that such expenses were necessary for the proper discharge of their duties.

CHAP. 411.
AN ACT authorizing the canal commissioners to construct

new bridges over the side-cuts to the canals in the vil-
lage of West Troy.

Passed May 4, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The canal commissioners are hereby anthorized to construct two new iron road bridges, with sidewalks, over the

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