First payments. § 5. When the amount due on any contract shall have been ascertained, and when the appraised value of any land shall have been obtained as herein provided, the applicants for the benefit of this act, shall, within such time as the commissioners of the land-office shall direct, pay into the treasury of this state, twenty-five per cent of the amount due on any such contract, or of the appraised value of such land, as the case may be, and execute their penal obligations respectively, for the payment of the residue of such amount, or of such appraised value, to the people of this state, in six equal annual payments, with interest at the rate of six per cent.

Surveyor-general to give certificate of sale. § 6. On such payment being made, and such obligation being delivered to the surveyor-general, he shall give to such purchaser a certificate similar to that required to be given by the third article of title fifth of the ninth chapter and first part of the Revised Statutes, to purchasers of unappropriated lands; which certificate shall confer on such purchaser, his representatives and assigns, the rights in the said article specified, subject to the limitations and conditions therein mentioned, in respect to the sale of unappropriated lands.

66 Barb., 374.

Agents. § 7. The commissioners of the land-office may employ an agent to explore any lands supposed to be escheated, and to collect evidence in relation to such escheat; and the expenses incurred therein shall be paid out of the avails of escheated lands, upon being audited by the commissioners; but such expenses shall not exceed the sum of five hundred dollars in any one year; and any expenses already incurred in the employment of such agent, in relation to lands escheated by the death of John G. Leake, not exceeding three hundred dollars, shall be paid in like manner.

Costs. § 8. In case where lands escheated have been or shall be recovered in suits against tenants in possession of such lands, who would be entitled to the benefits of the provisions of this act, and such tenants shall not have contested the recovery by this state, they shall not be liable to pay the costs of such suits; but the costs and charges of the attorney-general therein, and also his costs and charges in conducting proceedings for the recovery of lands escheated against unknown owners or claimants, where such lands shall be actually recovered, for the payment of which no provision is made by law, shall be paid out of the avails of escheated lands, on the warrant of the comptroller.

L. 1834, Chap. 37 — An act to amend the act concerning escheats. [The act referred to in § 1 of this act was repealed by L. 1845, ch. 115, § 14; and it would seem that the repeal necessarily repealed this act by implication; but the editor has inserted this act, leaving its effect and applicability to be determined by other authority.]

Commissioners of land-office may grant without naturalization. SECTION 1. The commissioners of the land-office may grant releases under the fifteenth section of the act entitled "An act concerning escheats," passed April 29, 1833, in all cases where the alien through whom the title has passed was a resident of the United States, although the alien may not have filed such deposition or taken such incipient measures as are mentioned in the twelfth section of said act.

3 N. Y., 299.

Amount to be paid. § 2. Upon the execution of any release under the foregoing section, the commissioners shall require payment or security, pursuant to the directions of said act, of a sum not less than one-fortieth part of the ascertained value of the lands released; subject, however, to the provisions of the nineteenth section. of said act.

Debts may be deducted. § 3. In ascertaining the amount to be paid or secured on granting releases, under the first section of the act hereby amended, the commissioners may deduct from the ascertained value of the land the debts which, under the fifth section of the act, would be a charge on the grantee of the lands released.

TITLE 13.

[284]

TITLE XIII.

Of the Recovery of Forfeited Estates.

[This title was repealed by L. 1880, ch. 245, having been superseded by §§ 19771982 of the Code of Civil Procedure.]

[Supplementary Title.]
TITLE 1^.

Of Keepers of Hotels, Inns, Taverns and Boarding-houses.

L. 1855, Chap. 421.-An act to regulate the liability of hotel-keepers. Safe for money, etc. SECTION 1. Whenever the proprietor or proprietors of any hotel or inn shall provide a safe in the office of such hotel, or other convenient place, for the safe keeping of any money, jewels or ornaments belonging to the guests of such hotel or inn, and shall notify the guests thereof, by posting a notice (stating the fact that such safe is provided, in which such money, jewels or ornaments may be deposited) in a public and conspicuous place and manner in the office. and public room, and in the public parlors of such hotel; and, if such guests shall neglect to deliver such money, jewels or ornaments to the person apparently in charge of such office for deposit in such safe, the proprietor or proprietors of such hotel shall not be liable for any loss of such money, jewels or ornaments, sustained by such guests, by theft or otherwise. [Thus amended by L. 1883, ch. 227.] 21 N. Y., 112; 33 N. Y., 571, 577; 44 Barb., 31; 36 Barb., 75; 65 Barb., 274; 46 N. Y.,269; 44 N. Y., 172; 43 N. Y., 539; 6 Robt., 365; 64 N. Y., 262; 1 Jones & Sp., 271; 94 N. Y., 1. Liability for loss of clothing limited. § 2. No hotel-keeper shall be liable to any guest for the loss of wearing apparel, goods or merchandise for any sum exceeding the sum of five hundred dollars, where it shall appear that such loss occurred without the fault or negligence of such hotel-keeper; nor shall he be liable in any sum for the loss of any article or articles of wearing apparel, cane, umbrella, satchel, valise, box, bag, bundle or other chattel belonging to such guest, and not within a room assigned to him, unless the same shall be specially intrusted to the care and custody of such hotel-keeper or his servants. [Thus amended by L. 1883, ch. 227.]

L. 1860, Chap. 446—An act for the protection of boarding-house keepers. Liens of boarding-house keepers. SECTION 1. The keeper of a boarding-house shall have the same lien upon and right to detain the baggage and effects of any boarder to the same extent and in the same manner as innkeepers have such lien and right of detention; but nothing herein shall be deemed to give to any boarding-house keeper any lien upon or right to detain any property the title to which shall not be in such boarder. [Thus amended by L. 1876, ch. 319.]

42 Barb, 626; 24 How. Pr. R., 62; 1 Lans., 484; 6 Robt., 268; 2 T. & C., 650; 7 Hun, 594; 9 Daly, 361.

L. 1866, Chap. 658–An act to limit the liability of innkeepers. Loss by fire. SECTION 1. No innkeeper shall be liable for the loss or destruction by fire of property received by him from a guest, stored or being with the knowledge of such a guest in a barn or other out-building, where it shall appear that such loss or destruction was the work of an incendiary, and occurred without the fault or negligence of such innkeeper.

64 N. Y., 597; 61 N. Y., 34.

Value of animals. § 2. No animal belonging to a guest and destroyed by fire while on the premises of any innkeeper, shall be deemed of greater value than three hundred dollars, unless an agreement shall be proved between such guest and innkeeper that a higher estimate shall be made of the same.

L. 1879, Chap. 530 – An act for the better protection of hotel-keepers, innkeepers, lodging-house keepers and boarding-house keepers. Sale of goods and baggage of guest to satisfy lien. SECTION 1. Any hotel-keeper, innkeeper, boarding-house or lodging-house keeper, who shall have a lien for fare, accommodation, or board, upon any goods, baggage, or other chattel property and in his possession for a period of three months at least after the departure of the guest or boarder leaving the same, or who for a period of six months shall have in custody any unclaimed trunk, box, valise, package, parcel, or other chattel property whatever, may proceed to sell the same at public auction; and out of the proceeds of such sale may, in case of lien, retain the amount thereof and the expense of advertisement and sale; and, in case of unclaimed property, the expense of storage, advertisement, and sale thereof; provided, in all instances, the notice specified in the next section be first given as therein directed.

17 W. D., 422; 12 Daly. 174.

Notice of sale; hour of sale. § 2. Fifteen days at least prior to the time of the sale, a notice of the time and place of holding the sale, and containing a brief description of the goods, baggage, and articles to be sold, shall be published in a newspaper of general circulation, published in the city or town in which such hotel, inn, or boarding-house is situated; but if there be none, then in such newspaper published nearest said city or town; and shall also be served upon said guest, boarder or owner of such chattel articles and property, if he reside or can be found within the county where said hotel, inn, boarding-house, or lodginghouse is situated, by delivering the same to him personally, or leaving it at his place of residence with a person of suitable age in charge thereof. But if such guest, boarder, or owner does not reside or cannot be found in said county, then said notice shall be deposited in the post-office of said city or town, with the postage prepaid thereon, fifteen days prior to said sale, and addressed to said. guest, boarder, or owner at his place of residence, if he left his address, or it be otherwise known to said hotel, inn, boarding-house keeper, or lodging-house keeper. The sale shall take place between the hours of ten o'clock in the forenoon and four o'clock in the afternoon, and all articles sold shall be to the highest bidder for cash.

Refunding surplus. § 3. Such hotel-keeper, inn-keeper, boarding-house keeper or lodging-house keeper shall make an entry of the articles sold, and the balance of the proceeds of the sale, if any, and within ten days from such sale shall, upon demand, refund such balance and surplus to such guest, boarder, or person leaving the articles sold.

When surplus to be paid to county treasurer; affidavit. § 4. In case such balance shall not be demanded and paid as specified in the last section, within said ten days, then within five days thereafter said hotel-keeper, inn-keeper, boardinghouse keeper, or lodging-house keeper shall pay said balance to the treasurer of the county, or chamberlain of said city, as the case may be, and shall at the same time file with said treasurer or chamberlain an affidavit made by him, in which shall be stated the name and place of residence, as far as they are known to him, of the guest, boarder, or person, whose goods, baggage, or chattel articles were sold, the articles sold, and the price at which they were sold, the name and residence of the auctioneer making the sale, and a copy of the notice published, and how served, whether by personal service, or by mailing, and if not so served the reason thereof.

Duty of county treasurer. § 5. Said treasurer or chamberlain shall keep said surplus moneys for and credit the same to the persons named in said affidavit as said guest, boarder, or person leaving the articles sold, and shall pay the same to said person, his or her executors or administrators, upon demand, and evidence satisfactory to said treasurer or chamberlain furnished of their identity.

Remedy not exclusive. § 6. Nothing herein contained shall preclude any other remedy now existing for the enforcement of hotel-keepers, inn-keepers, boardinghouse keepers, or lodging-house keepers' lien, nor bar their right to recover for so much of the debt as shall not be paid through said sale.

L. 1887, Chap. 720-An act to provide fire escapes in hotels. Hotel keepers required to provide fire escapes and to post notices, SECTION 1. Every owner, lessee, proprietor or manager of a hotel situated in the state of New York, exceeding two stories in height, shall on or before the first day of July, eighteen hundred and eighty-seven, place or cause to be placed a rope or other better appliance to be used as a fire escape in every room of said hotel used as a lodging room except the rooms on the ground floor, which rope or other better appliance shall be securely fastened at one end of it to suitable iron hook or eye to be securely driven or secured into one of the joists or timbers next adjoining the frame of the window or one of the windows of said room, which rope shall be at all times kept coiled up and exposed to the plain view of any occupant of said room, the coil to be fastened in such slight manner as to be easily and quickly loosened and uncoiled, and such rope shall not be less than three-fourths inch in diameter and of sufficient length to reach from such window to the ground. Such rope, iron hook or eye and fastenings shall be of sufficient strength to sustain a weight of four hundred pounds. It shall, also, be the duty of every such owner, lessee, proprietor or manager to post or cause to be posted in a conspicuous place in each room and in each hall of such hotel, except the rooms and hall on the ground floor, a printed notice to the effect that a rope is so placed in every such room of said hotel, except the rooms on the ground floor, for use in case of fire, and giving full directions for such use.

10 Daly, 387.

Duty of chief engineer; penalty for obstructing him. § 2. It shall be the duty of the chief engineer, or the officer performing the duties of a chief engineer of a fire department, of every city and village of this state in the months of July and January of each and every year to inspect or cause to be inspected by some person to be deputized by him for that purpose, every room of every hotel in the city or village in which he is performing the duties of such chief engineer and ascertain if the provisions of section one of this act are complied with. And any owner, lessee, proprietor, manager or other person, who shall obstruct or prevent such officer or person from making a free inspection of said rooms provided for as aforesaid shall be liable to a penalty of fifty dollars for each and every offense to be recovered by a civil suit brought in the name of the people in any court of the state. It shall be the duty of every such person making such inspection on or before the fifteenth days of August and February of each and every year, to make and file a written report with the mayor, president or other officer performing the du