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CHAP. CLv1.
An ACT altering the time of electing Charter Officers in the

city of New-York.

Passed April 11, 1815. I. Be it enacted by the people of the state of New York, repreElection to sented in Senate and Assembly, That the anniversary election for be on the last Tuesday in the charter officers to be chosen in and for the city of New-York, April.

shall commence on the last Tuesday of April, in every year; and that all such elections shall be notified, held and conducted by the same inspectors, in the same manner, with the like powers, and during the same number of days, as the election for members of assembly of this state, any thing contained in an act, entitled “An act to reduce several laws, relating particularly to the city of New-York, into one act," passed April 9th, 1813, to the contrary notwithstanding.

II. And be it further enacted, That the several charter officers First elec to be chosen in and for the said city, at the first anniversay election tions, when

to be held in pursuance of this act, and to commence on the last Tuesday of April instant, shall respectively be sworn into and commence the duties of their respective offices, on the first Monday of December next, and shall and may continue to hold and enjoy their respective offices, and discharge the duties appertaining thereto, until the second Monday of May then next ensuing, and no longer; and the said charter officers to be chosen at the said election, shall accordingly be deemed and considered as chosen for and during the term of time above mentioned, that is to say: from the first Monday of December next, until the second Monday of May then next

ensuing, and no longer : Provided always, and be it further enProviso. acted, That at the said election to commence on the last Tuesday of

April instant, no collector shall be chosen in any of the wards of the said city, but that the several collectors chosen in the said city at the last anniversary election held therein, shall hold their respective offices from the first Monday of May next, until the second

Monday of May, in the year one thousand eight hundred and sixProviso. teen: And provided also, and be it further enacted, That for the

purpose of the said election to commence on the said last Tuesday of April instant, three days notice of the time and place when and where the said election is to be held, to be given in the manner prescribed in and by the fifth section of the said act, entitled “ An act to reduce several laws, relating particularly to the city of New

York, into one act,” shall be held sufficient, any thing in the said

act contained to the contrary notwithstanding. Officer

III. And be it further enacted, That the several charter officers when sworn. to be chosen in and for the said city, at the several anniversary'e

lections which shall be held in said city, after the present year, shall be sworn into and commence the duties of their respective offices on the second Monday of May next ensuing such election, in each year.

CHAP. CLVII.

to have the

An ACT to amend an act, entitled An act relative to the court

of Probates, the office of Surrogate, and the granting of administrations.

Passed April 11, 1815. · WHEREAS the mayor, aldermen and commonalty of the city of New-York have, by their memorial to the legislature, prayed, for the reasons set forth in the said memorial, that they may be autho- Preamble. rised to appoint a fit and proper person to be the administrator of the goods, chattels and credits, of certain intestates : And whereas the said prayer appears proper to be granted : Therefore,

I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That the mayor, aldermen A publicada and commonalty of the city of New-York, in common council con- ministrator vened, shall and may forthwith after the passing of this act, nomi- tad in handia nate and appoint, under the common seal of the said city, a dis- ty of N. Yorks creet and competent person, to be called the public administrator case of in in the city of New-York, who shall hold his office during the plea- tates estates. sure of the common council ; and that from and after the making of such appointment, whenever any person shall die intestate, within the city and county of New-York, or when any person not resident within this state, shall die intestate, leaving goods and chattels within the city and county of New York, whether such intestate shall die within this state or not, and the widow, or next of kin, residing within this state, shall not apply within thirty days after such citation, as is hereinafter directed, to the surrogate of the said city and county, or judge of the court of probates, as the case may be, for the administration of the goods, chattels and credits of the deceased, such administration shall be granted to the public administratrator, for the time being, and his successors in office, who shall take the oath, by law appointed to be taken by such administrators, and shall give boud, but without sureties, for the due administration of the said goods, chattels and credits, in the form directed by the tenth section of the act hereby amended.

11. And be it further enacted, That it shall be the duty of the surrogate of the city and county of New York, before granting ad- The widow ministration to the said public administrator, to issue a citation to or next of the widow and next of kin, to the intestate, summoning them to ap-testate to be pear and shew cause, why such administration should not be grant- cite ed, which citation shall be served on the widow and next of kin of the intestate, if to be found in the city of New-York, and if not to be found in the said city, then a copy of such citation shall be published in two of the public newspapers printed in the city of NewYork, and shall be continued daily in the said newspapers until the expiration of thirty days, unless the widow or next of kin shall, by application for administration, render it unnecessary to continue the publication thereof so long: and further, that the expence of said citation and publication, shall be paid by the person to whom administration shall be granted, out of the estate of the intestate.

III. And be it further enacted, That the mayor, aldermen and commonalty of the city of New-York, shall in all cases be respon

kin to the in

162

LAWS OF NEW-YORK,

tor.

Corporation sible for the due administration of such goods, chattels and credits of N. York to be responsic by the said public administrator ; and further, that such adminisble for the inistra. tration shall be subject to be revoked, upon the application of the

widow, child, father, brother, or sister of the deceased, if such application be made within three calendar months after the same shall have been granted, and the balance, if any, due to the said administrator, be first paid.

IV. And be it further enacted, That the said public adıninisHis accounts trator shall, once in every year, at such time as the said mayor, to be exhited aldermen and commonalty may appoint for that purpose, exhibit andually.

to them in common council convened, a statement of his receipts

and expenditures, by virtue of such administrations respectively, And to be

which statements shall be published in at least two of the public pablished.

newspapers printed in the said city, for the information of all whoin it may concern; and it shall be lawful for the said public administrator, in the accounts of the said administrations, to charge and retain a commission of five per cent. upon his receipts over and above his reasonable expences, in and about the said administration. respectively: Provided however, That in all cases where such receipts shall exceed the sum of two thousand five hundred dollars, the said public administrator shall charge and retain the said commission of five per cent. on the sum of two thousand five hundred dollars; and the commission of two and an half per cent. on all sums beyond the said two thousand five hundred dollars.

V. And be it further enacted, That if any balance of any such Balances re. training uue intestates estates shall remain in the hands of the public adminisclaimed, how disposed of.

trator, above eighteen months after the committing of administration as aforesaid, the amount thereof shall be published in at least two of the public newspapers printed in the said city, for eight weeks successively, and all persons having any claims upon such estates, shall be notified to exhibit the same, with evidence in support of it, within six months thereafter; and after the expiration of the said six months, the said public administrator shall pay such balance as may remain unclaimed, to the said mayor, alderiden and commonalty, who shall be answerable for the same, but without interest, to such persons as shall thereafter appear to be entitled to the same, if any shall appear; and in the mean time, all such sums so paid to the said mayor, aldermen and commonalty, shall be by them applied towards the support of the poor of the said city.

VI. And be it further enacted, That upon the death of any Measur.* to person intestate, not leaving a widow or next of kin, within the be taken to guard estates said city, or when the publie adıninistrator shall not know that the frona waste. widow or next of kin is resident in the said city, it shall and may

be lawful for the said public administrator to take such measures as he shall think proper for guarding and securing the property and effects of such intestates from waste and embezzlement, until administration shall be granted as aforesaid, the expences whereof shall be paid, or retained by the said administrator, in preference to any debts whatsoever, and immediately after the funeral charges of the intestate arc discharged.

VII. And be it further enacted, That it shall be lawful for the common council of the said city, to remove from office any per

son appointed public administrator, as aforesaid, at their pleasure; Administra. and in inanner aforesaid, from time to time, to fill the vacancy oc- removed. casioned by such removal, or by death, or by resignation. VIII. And be it further enacted, That the seventeenth, eigh- Parts of for

mer acts re. teenth, nineteenth, twentieth, twenty-first and twenty-second sec- pealed. tions of the act hereby amended, and the twenty-ninth section of the act, entitled “ An act to reduce several laws, relating particularly to the city of New-York, into one act,” passed April 9th, 1813, be and the same are hereby repealed, from and after the appointment of the public administrator as aforesaid : Provided however, That such repeal shall not affect any act done, right accrued, or suit commenced previous to the appointment of such public administraton : And provided also, That the chamberlain of the city of New-York shall proceed in the administration heretofore committed to him, or to be committed to him previous to the appointment of such public administrator as aforesaid, in the same manner as though this act had not been enacted. IX. And be it further enacted, That any person who may be.

Privileges sued, for any thing done by virtue of this act, relative to the estate of persons ar, of any person dying intestate within the city and county of New- feeted by this York, or of any person resident during his life time out of this state, leaving goods and chattels within the said city and county, inay plead the general issue, and give this act, and the special matter, in evidence.

act.

Preamble.

CHAP, CLVIII.
An ACT relative to Bastard Children in the city of New-York.

Passed April 11, 1815. WHEREAS the mayor, aldermen and commonalty of the city of New-York, by their memorial to the legislature, have represented that the commissioners of the alms-house and bridewell of the city of New-York, as the overseers of the poor of the said city, have for many years past been in the practice of accepting from putative fathers of bastard children, a sum of money in gross, to meet the expence of maintaining such children, instead of requiring from such father the security to indemnify the city, which the existing laws contemplate ; and that such arrangements are made under an agreement that the commissioners should not demand from the father the payment of any further sum, if the expence of the support and maintenance of the child should exceed the sum paid, nor on the other hand, should refund any portion thereof, if such expence should fall short of the sum so paid; and have further represented, that such compromises and arrangements have been of advantageous tendency, but that doubts are entertained of the legality thereof, and have accordingly prayed that the legislature should sanction such as have been heretofore made, and should give the commissioners of the alms-house the requisite authority to make them in future : And whereas the prayer of the said memorial appears reasonable and proper to be granted : Therefore,

Compromis. I. Be it enacted by the people of the state of New York, repmad for resented in Senate and Assembly, That all such compromises and maintaining arrangements as are above mentioned, which have been heretofore

made and entered into, shall be, and the same hereby are ratified

and confirmed. Powers of the II. And be it further enacted, That the commissioners of the commission. alms-house and bridewell of the city of New York, or any two of ers o the Blesbruse & them, be, and they hereby are, from time to time, and at all times

hereafter, authorised to make such compromises and arrangements with the putative fathers of bastard children in the said city, relative to the maintenance and support of such children, as they the said comunissioners, or any two of them, shall deem equitable and proper.

bridewell.

therty for Curtain pure poses.

CHAP. CLIX.
An ACT to enable the Mayor, Recorder and Aldermen of the
City of New-York to raise money by Tax.

Passed April 11, 1815. I. Be it enacted by the people of the state of New-York, rep201,000 dolls, resented in Senate and Assembly, That the mayor, recorder and may be rais aldermen of the city of New-York, as the supervisors of the city er iga ar prin part of and county of New-York, or a majority of them, of whom the mayor

or recorder shall be one, shall be and hereby are empowered, as soon as conveniently may be after the passing of this act, to order and cause to le raised by tax on the estates, realand personal, of the inhabitants of and situate within the said city, and to be collected, a sum not exceeding one hundred and one thousand dollars, to be applied to the support and maintenance of the poor of the said city and county, the support and maintenance of criminal persons, the support and repairs of the bridewell of the said city, the repairing and taking care of other public buildings of the said city, belonging to and under the custody and care of the mayor, aldermen and commonalty of the city of New-York, the making, regulating, repairing and improving the public roads in the said city and county, the de fraying of other contingent expences arising within and properly chargable to the said city and county, and for defraying the expences which the mayor, aldermen and commonalty of the city of New-York may sustain or be put to in executing the powers vested in them by the act passed the 9th day of April, 1913, entitled “ An act to reduce several laws relating particularly to the city of NewYork into one act,” and for supplying the deficiencies of former taxes upon any and every of the wards of the said city, owing to the insolvency or inability of the collectors of the said wards, or any or either of them, or others, and fees of collection not heretofore provided for ; such deficiencies however to be assessed on the estates, real and personal, of the freeholders and inbabitants of, and

situate within the said wards respectively where they shall happen 49,000 dollars as aforesaid. And also a further sum, not exceeding seventy-nine For certain thousand dollars, by a tax on the estates, real and personal, of the purposes. freeholders and inhabitants of, and situate within the said city, to

to be raised

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