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dence on the trial or hearing on behalf of such executor, administrator, heir at law, next of kin, assignee, legatee devisee, survivor or committee, then all other persons not otherwise rendered incompetent shall be made competent witnesses in relation to such transaction or communication on said trial or hearing. Nothing contained in section eight of this act shall be held or construed to affect or restrain the operation of this section.

Ante, vol. 5, p. 113.

$ 15. Section four hundred and one of said act is hereby amended by adding thereto as subdivision eight the following:

what time

make de

injunction

8. Whenever a motion shall be made in any cause or Within proceeding in any of the courts of this state, to obtain an judge to injunction order, order of arrest or warrant of attachment, cision on or to vacate, modify or set aside any injunction order, order motion for of arrest or warrant of attachment granted in any such case order, etc. or proceeding, it shall be the duty of the judge before whom such motion is made, to render and make known his decision on such motion, within twenty days after the day upon which such motion shall or may be submitted to him for his decision.

Ante, vol. 5, p. 115.

$ 16. Section four hundred and thirty-four of said act, is hereby amended so as to read as follows:

case person

joined with

the people

as

ney-gen

§ 434. When an action shall be brought by the attorney- In what general, by virtue of this chapter, on the relation or infor- having inmation of a person having an interest in the question, the forest wh name of such person shall be joined with the people as a plaint plaintiff, and in every such' case the attorney-general may and attor require as a condition for bringing such action, that satisfac-eral may tory security shall be given to indemnify the people of this security. state against the costs and expenses to be incurred thereby; and in every case where such security is given, the measure of the compensation to be paid by such person or persons to the attorney-general, shall be left to the agreement of the parties express or implied.

Ante, vol. 5, p. 122.

demand

CHAP. 782.

AN ACT in relation to the powers and jurisdictions of
Surrogates' Courts.

PASSED April 25, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The surrogates shall have power and jurisdiction to compel testamentary trustees and guardians to render

Married women

being exe

cutrixes.

accounts of their proceedings in the same manner as executors, administrators and guardians appointed by such surrogates are now required to account.

$ 2. Married women are hereby declared to be capable of capable of acting as executrixes, administratrixes and guardians of minors, and of receiving letters testamentary, or of administration, or of guardianship, as though they were single women; and their bonds, given upon the granting of such letters, shall have the same force and effect as though they were not married.

Persons

$ 3. The first section of article one, title one, chapter six of the second part of the Revised Statutes is hereby amended by striking out the words "married women," so that such section shall read as follows:

1. All persons, except idiots, persons of unsound mind. capable of and infants, may devise their real estate, by a last will and real estate. testament, duly executed according to the provisions of this

devising

Surrogates

letters test

title.

Ante, vol. 2, p. 58.

S4. The twenty-first section of article two, title one, chapter six of the second part of the Revised Statutes is hereby amended by striking out the words "not being a married woman," so that such section shall read as follows:

§ 21. Every male person of the age of eighteen years or upwards, and every female of the age of sixteen years or upwards, of sound mind and memory, and no others, may give and bequeath his or her personal estate, by will in writing.

Ante, vol. 2,

P. 61.

$5. Any surrogate may, in his discretion, refuse the applican refuse cation for letters testamentary, or letters of administration, amentary. of any person unable to read and write the English language, $6. The twenty-seventh section of article two, title two chapter six of the second part of the Revised Statutes is hereby amended so as to read as follows:

Adminis

tration in case of

§ 27. Administration in case of intestacy shall be granted to the relatives of the deceased, who would be entitled to intestacy succeed to his personal estate, if they or any of them will accept the same, in the following order: First, to his widow; second, to his children; third, to the father; fourth, to the mother; fifth, to the brothers; sixth, to the sisters; seventh, to the grandchildren; eighth, to any other next of kin who would be entitled to share in the distribution of the estate. If any of the persons so entitled be minors, administration shall be granted to their guardians. If none of the said relatives or guardians will accept the same, then to the creditors of the deceased, and the creditor first applying, if otherwise competent, shall be entitled to a preference. If no creditor apply, then to any other person or persons legally competent; but in the city of New York, the public administrator shall

have preference, after the next of kin, over creditors and all other persons; and in other counties of this state, the county treasurer shall have preference, next after creditors, over all other persons; and in case of a married woman dying intestate, her husband shall be entitled to administration in preference to any other person, as hereinafter provided.

Ante, vol, 2, p. 76.

$7. The eighth and tenth sections of the "Act in relation to special administrators or collectors," passed March twentysix, eighteen hundred and sixty-four, are hereby repealed; but no letters of collections shall be issued to any person incompetent to act as such executor.

Ante, vol. 6, p. 233, 234.

compulsory

ings.

8. Whenever any executor, administrator or guardian Cost of shall have been compelled by summons, order or citation, proceedissued by a surrogate, to render and file an inventory and appraisal or an account of the property and estate in his hands, the costs of such compulsory proceeding may, in the discretion of the surrogate, be charged upon such executor, administrator or guardian, personally.

of decree of

$9. Any decree or order of a surrogate for the payment of Discharge money may be discharged by filing with him a release of the surrogate. amount, executed by the person to whom such money is directed to be paid, and acknowledged or proven, as is now required as to a conveyance of real estate; and such surrogate, on filing such release, shall indorse such discharge on the margin of the record of such decree or order; and on filing with the clerk of any county where such decree or order has been docketed a certificate from the surrogate of such discharge, the said clerk shall thereupon enter in his docket the fact of such discharge.

for room,

gates court

$10. The board of supervisors of each county shall pro- Provisions vide the surrogate's court of such county with rooms, fuel, fuel, etc., lights and stationery suitable and sufficient for the transaction for surro of its business; and if such board shall neglect so to do, the said court may, by an order duly entered, direct the sheriff of the county so to do; and the expense incurred by the sheriff in carrying such order into effect, when certified by him, shall be a county charge.

$11. The seventy-ninth section of chapter six, title three of the second part of the Revised Statutes, is hereby amended so as to read as follows:

79. The preceding provisions respecting the distribution of estates shall apply to the personal estates of married women dying, leaving descendants them surviving; and the husband of such married woman shall be entitled to the same distributive share in the personal estate of his wife to which a widow is entitled in the personal estate of her husband, by the provisions of this chapter, and no more.

Ante, vol. 2, p. 101.

deceased

widows.

12. The thirtieth section of chapter six, title two of the second part of the Revised Statutes is hereby repealed.

Ante, vol. 2, p. 76.

Children of $ 13. When a widow shall die, leaving her surviving a minor child or children, the same articles and personal property shall be set apart by the appraisers for the benefit of such minor or minors, as is now provided by law in the case of a man dying and leaving a widow or minor children; and all articles or property set apart, in accordance with law, for the benefit of a widow and a minor or minors, shall be and remain the sole personal property of such widow after such minor or minors shall have arrived at age.

Perjury.

$14. An executor or administrator, after the expiration of one year from the date of his appointment, may render his final account before the surrogate, pursuant to the provisions of article third, title third, chapter sixth of the second part of the Revised Statutes, and the same proceedings and decree may be had thereon on such application and accounting as though the account had been rendered at the expiration of eighteen months from the grant of letters testamentary or of administration.

$15. The fifth section of article first, title four, chapter first of the fourth part of the Revised Statutes, is hereby amended so as to read as follows:

§ 5. Whenever it shall appear to any court of record, or to any surrogate, that any witness or party who has been legally sworn and examined, in any cause, matter or proceeding pending before such court or surrogate, has testified in such a manner as to induce a reasonable presumption that he has willfully and corruptly testified falsely to some material point or matter, such court or surrogate may immediately commit such party or witness, by an order or process for that purpose, to prison, or take recognizance, with sureties, for his appearing and answering to an indictment for perjury.

Ante, vol. 2, p. 702.

$ 16. From and after the passage of this act, no surrogate shall charge or receive any fee or compensation for any official services performed by him.

CHAP. 790.

AN ACT to amend an act entitled "An act for the

preserva

tion of the public health," passed April tenth, eighteen hundred and fifty, and the act entitled "An act to amend the same," passed April sixth, eighteen hundred and fifty

four.

PASSED April 25, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section three of the act entitled "An act for the preservation of the public health," passed April tenth, eighteen hundred and fifty, is hereby amended so as to read as follows:

3. The several boards of health now organized in any city Election of or village in this state, except in the metropolitan district, and officers. the several boards of health constituted under this act, shall elect from among their own members, a president and secretary of such board, and have power, and it shall be their duty : 1. To meet in their respective cities, villages and towns, and Meeting of determine the period of quarantine to which vessels, vehicles or persons arriving in such city, village or town shall be subject; but the said board shall have power, after an examination, to reduce the period of quarantine of such vessel, vehicles or persons, if they shall deem it safe so to do.

the board.

tion of

2. To prescribe the duties and powers of the health officer; Prescripto direct him from time to time in the performance thereof, duties of and to fix the compensation he shall receive.

health

officer.

quarantine

3. To make orders and regulations in their discretion, con- Powers to cerning the place and mode of quarantine; the examination regulate and purification of vessels, boats and other craft not under etc. quarantine; the treatment of vessels, articles or persons thereof; the regulation of intercourse with infected places; the apprehension, separation and treatment of emigrants and other persons who shall have been exposed to any infectious or contagious disease; the suppression and removal of nuisances, and all such other orders and regulations as they shall think necessary and proper for the preservation of the public health.

4. To regulate and prohibit or prevent all communication or intercourse with all houses, tenements and places, and the persons occupying the same, in which there shall be any person who shall have been exposed to any infectious or contagious disease.

5. To procure suitable places for the reception of persons under quarantine, and persons sick with the Asiatic or malignant cholera, or any other malignant, infectious or contagious disease; and in all cases where sick persons cannot otherwise be provided for, to procure for them proper medical and other attendance and necessaries.

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