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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:

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
wujunction order, order of arrest or warrant of attachment, cake.com
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

Ante, vol. 5, p. 115.
S 16. Section four hundred and thirty-four of said act, is
hereby amended so as to read as follows:

$ 134. When an action shall be brought by the attorney - In what
general, by virtue of this chapter, on the relation or infor- having in
mation of a person having an interest in the question, the forest to this
name of such person shall be joined with the people asiente
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 sball 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.


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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

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Married women

Persons capable of devising

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

S 2. Married women are hereby declared to be capable of capable of acting as executrixes, administratrixes and guardians of Cutrizes. minors, and of receiving letters testamentary, or of adminis

tration, 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.

$ 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

and infants, may devise their real estate, by a last will and real estate. testament, duly executed according to the provisions of this title.

Ante, vol. 2, p. 58. S 4. 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 rettest. cation for letters testamentary, or letters of administration, amentary. of any person unable to read and write the English language.

S 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:

$ 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 bis widow; second, to his children; third, to the father; fourth, to the mother; fifth, to the brothers; sixth, to the sisters ; seventlı, 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 guardiaus 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


Adminis. tration in case of



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 twentysis, 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. S 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 bis bands, the costs of such compulsory proceeding may, in the discretion of the surrogate, be charged upon such executor, administrator or guardian, personally.

$ 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.

$ 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.

gates court

Children of 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. S 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.

$ 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.

S 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.


the board.

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 saine,” passed April sixth, eighteen hundred and fifty-

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

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 deern it safe so to do.

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.

3. To make orders and regulations in their discretion, con- Powers to cerning the place and mode of quarantine; the examination regulate

quaranting 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 iufectious 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 maligoant, 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.

health oficer.

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