unadministrated of said deceased, with the will annexed or otherwise, or a disinterested freeholder, as in the case of an original order, to execute said order in the same manner and with the like effect as if the said order had been executed by the executor, administrator, or other person originally named therein Provided that the administrator or other person so to be authorized, shall, before receiving such authority, give the like security, as would be required on the granting of an original order for the mortgage, lease or sale of any real estate. CHAP. VL CHAP. 175. AN ACT to provide for the election of a separate officer to perform the duties of the office of surrogate in certain counties, and to increase his powers and duties. PASSED April 15, 1851; "three-fifths being present.' The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The thirteenth section of the act entitled "An act to provide for the election of certain judicial and other officers, and to fix their term of office," passed May twelfth, eighteen hundred and forty-seven, is hereby amended so that it shall read as follows: Ante, vol. 3, p. 47. officer to surrogate. $ 13. Whenever the office of county judge shall be vacant Separate in a county having a population exceeding forty thousand, or perform the term of office of such judge shall be about to expire, the durat board of supervisors of that county, if there be a separate officer to perform the duties of the office of surrogate in said county, may resolve that there shall be no such separate officer in said county, and thereupon the office of such separate officer shall be deemed vacant and abolished from the time that the term of office of said separate officer shall expire; or if there be no such separate officer, said board may resolve that there shall be such separate officer in such county, in which case such separate officer shall be elected at the time, and in the manner in all respects, and for the same term that the county judge in said county shall be elected; and the said county board may at the same time alter the salary of the county judge and fix the salary of such separate officer, but no alteration of the salary of a county judge shall be made to take effect during the continuance of his term of office. Every person elected pursuant to this act, or the act hereby amended, shall have power to take affidavits, and the proof and acknowledgment of deeds and other instruments in writing, with the same force and effect as if taken by a county judge, and for which he may charge the same fees. to be filed S2. Every resolution providing for the election of or dis- Resolution pensing with such separate officer shall be immediately deli- in county PART II clerk's office. Bonds with whom to be filed. How to be proved or acknowledged. vered by the clerk of the board of supervisors to the county clerk, whose duty it shall be to file the same in his office, and keep the same as a part of the records of such county, and within ten days after such resolution shall be filed in the office of any such county clerk, he shall transmit to the secretary of state to be filed and kept in his office, a copy of such resolution duly certified by him. S 3. All bonds given by any executor or administrator, or any other person, which by law are required to be filed with the surrogate or in the surrogate's office of any county, shall be proved or acknowledged by the parties executing the same as deeds are now required by law to be proved or acknowledged, before the same shall be received by the surrogate or person performing the duties of surrogate. CHAPTER VIII. Domestic Relations. СНАР. 275. AN ACT in relation to powers of attorney executed by married women for the conveyance of real estate. PASSED May 11, 1835. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. When any married woman residing out of this state shall have joined, or shall join with her husband in executing any power of attorney for the conveyance of real estate situated in this state, the conveyance executed in virtue of such power shall have the same force and effect as if executed by such married woman in her own proper person: provided that the execution of such power of attorney by such married woman shall first have been duly proved or acknowledged, according to the provisions of the Revised Statutes in relation to conveyances executed by married women residing out of this state. May insure .fe of husband. CHAP. 80. AN ACT in respect to insurances for lives for the benefit of married women. PASSED April 1, 1840. The People of the State of New York represented in Senate and Assembly, do enact as follows: S1. It shall be lawful for any married woman, by herself, and in her name, or in the name of any third person, with his assent, as her trustee, to cause to be insured, for her sole use, the life of her husband for any definite period, or for the term of his natural life; and in case of her surviving her husband, the sum or net amount of the insurance becoming due and payable, by the terms of the insurance, shall be payable to her, to and for her own use, free from the claims of the representatives of her husband, or of any of his creditors; but such exemption shall not apply where the amount of premium annually paid shall exceed three hundred dollars. 1 B. Ch., 268; 3 Brad., 139; 26 N. Y., 15. CHAP. VIIL ble to $ 2. In case of the death of the wife, before the decease of When payaher husband, the amount of the insurance may be made children. payable after her death to her children for their use, and to their guardian, if under age. CHAP. 177. AN ACT for the better securing the interests of married women in lands sold under judgment or decree in partition. PASSED April 28, 1840. The People of the State of New York, represented in Senate and Assembly, do enact as follows: married women how to be in $1. In all cases of sales under judgment or decree in par- Shares of tition, where it shall appear that any married woman has an inchoate right of dower in any of the lands divided or sold, vested. or that any person has any vested or contingent future right or estate in such lands, it shall be the duty of the court, under whose judgment or decree such sale is made, to ascertain and settle the proportional value of such inchoate, contingent or vested right or estate, according to the principles of law applicable to annuities and survivorships, and to direct such proportion of the proceeds of the sale to be invested, secured or paid over in such manner as shall be judged best to secure and protect the rights and interests of the parties. 36 B., 412. S2. Any married woman may release such right, interest Right how or estate to her husband, and acknowledge the same before leased. the master or one of the commissioners making the sale, separate and apart from her husband, in the manner required by law in respect to the acknowledgment of deeds by married women. Upon such release, the share of the proceeds of the sale arising from her contingent interest, shall be paid to her husband. to be re such release S3. Such release, and also the payment, investment or Effect of otherwise securing any share of the proceeds of a sale according to the first section of this act, shall be a bar both in law and equity against any such right, estate, or claim. PART IL Officers before whom release may be acknow ledged. CHAP. 379, AN ACT in addition to the act passed April 28, 1840, en- The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The act for the better securing the interest of married women, in lands sold under judgment or decree in partition passed, April 28, 1840, is hereby amended by adding the following section: Any release that may be executed by a married woman, in pursuance of the second section of this act, may be also acknowledged before any master in chancery, or any officer authorized to take acknowledgments of deeds, or if executed out of this state, before any officer residing in the state, district or county, where such acknowledgment is made, who is authorized to take the acknowledgment of deeds, to be recorded in this state. May declare certain marriages void. CHAP. 257. AN ACT in addition to the provisions of the Revised PASSED May 26, 1841. The People of the State of New York, represented in Senate and Assembly do enact as follows: 1. The chancellor or any vice-chancellor may upon appli cation of the wife, by a sentence of nullity, declare void any marriage contract, heretofore or hereafter made, upon evidence of the following facts: 1. That the female was at the time of the alleged marriage under the age of fourteen years, and that such marriage was without the consent of her father, mother, guardian or other person having the legal charge of her person, and was an offence on the part of the husband, under the statute, and punishable according to law. 2. That the marriage was not followed by consummation or cohabitation, nor had been ratified by any mutual assent of the parties after the female had attained the age of fourteen. years. 21 B.. 441. CHAP. 11. AN ACT in relation to Patent Rights. PASSED February 20, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows : CHAP. VILL married § 1. Every married woman, being a resident of this State, Rights of who shall receive a patent for her own invention, pursuant to women. the laws of the United States, may hold and enjoy the same, and all the proceeds, benefits and profits thereof, and of such invention, to her own separate use, free and independent of her husband and his creditors; and may transfer and dispose thereof, and in every respect perform all acts in relation thereto, in the same manner as if she were unmarried; but this act shall not authorize such married woman to contract any pecuniary obligations to be discharged at any future time. CHAP. 200. AN ACT for the more effectual protection of the property of married women. PASSED April 7, 1848. The People of the State of New York, represented in Senate and Assembly, do enact as follows : females to secured. S 1. The real and personal property of any female who may Property of hereafter marry, and which she shall own at the time of mar- be married, riage, and the rents, issues and profits thereof shall not be subject to the disposal of her husband, nor be liable for his debts, and shall continue her sole and separate property, as if she were a single female. 24 N. Y., 372; 23 N. Y., 259; 22 N. Y., 15, 111, 451; 18 N. Y., 268; 12 females ed. S2. The real and personal property, and the rents, issues Property of and profits thereof of any female now married shall not be now marsubject to the disposal of her husband; but shall be her sole ried, securand separate property as if she were a single female except so far as the same may be liable for the debts of her husband heretofore contracted. by gift, devise. $3. Any married female may take by inheritance or by gift, May take grant, devise or bequest from any person other than her hus-grant or band, and hold to her sole and separate use, and convey and devise real and personal property and any interest or estate |