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Application of proceeds.

the owner or consignee, by advertisement once a week for four weeks successively in the state paper, in a paper published at the place of sale, in a paper published in the city of New York, and, in case of property directed to be left at a specified place, in a paper published at or nearest such place. Perishable articles unclaimed may be sold as soon as they can be, at the best terms that can be obtained.

Laws of 1857, ch. 444; Laws of 1856, ch. 523, § 1.

§ 823. The proceeds, after deducting charges and expenses for transportation, storage, advertising, commissions for selling, and the amount previously paid for non-delivery of freight or baggage, shall be deposited by the company, with a report thereof and proof of advertisement, with the comptroller, for the benefit of the general fund of the state, to be held by him in trust for the persons entitled to the same. No such sale shall be valid, unless, at least two weeks before it, a copy of the notice required by the preceding section is served on the comptroller.

Laws of 1857, vol. 1, ch. 444, p. 871, § 3.

By the two preceding sections a uniform system is prescribed for railway companies and for express companies. The act of 1854 respecting railway freight, &c., and the act of 1855 respecting express freight, each left the proceeds in the hands of the company making the sale, to be refunded to the owner, on claim, within five

years. In case of the express companies it was
further provided that, if not claimed at that time,
they should be paid over for the benefit of the
county poor.

The amendment of 1857, relating to railway
companies, provides for a regular accounting by
them to the comptroller. We have so far modi-
fied the provisions as to put express companies
under the same rule in this respect.

§ 824. Persons other than those mentioned in section 822 shall proceed as follows: When any property remains unclaimed for thirty days, they shall send a correct description thereof to the proprietor of the state paper, whose duty it is, on the first Monday of January, April, July and October in each year, to publish the same once a week for three weeks successively.


other than railway and



tion of articles.

§ 825. If for sixty days after the publication the Examina property remains unclaimed, the person having custody of it shall apply to a magistrate of the town or city, under whose sight and direction it shall be opened and examined, and by whom an inventory shall be taken. The magistrate shall send immediate notice to the owner, by mail, if his name is ascertained.

826. If for three months after the examination Sale. it remains unclaimed, such person shall apply to a magistrate of the city or town, who shall, if the property is of sufficient value, order it to be sold by


Lien for advertising.


public auction, on six days' previous notice of the time and place.

§ 827. After payment of expenses, the magistrate shall pay the proceeds to the overseers of the poor, for the use of the poor, and they shall make an entry of the amount, and the time of receiving it, upon their official records, and at any time within seven years it shall be refunded, on claim and proof of title, to whoever is entitled thereto.

§ 828. Any person proceeding under the provi sions of this chapter has a lien on the articles, until the sale, for the amount of fees for entering the same, and the expenses of the advertising or a ratable proportion thereof.

§ 829. Any person who neglects to comply with the provisions of this chapter is liable to a penalty of five dollars, to be recovered by any person who will bring action therefor.



SECTION 830. Registry of marriages.

831. Registry of births.

832. Registry of deaths.

833. Reports in the city of New York to the city inspector.

834. City inspector's record.

835. City inspector's report.

836. Duty of clerks of school district.

837. Duty of town clerk, alderman and county clerk.

838. Fees of officers.

839. Penalty.

The provisions of this chapter are from 2 R. S., 323, 324, and Laws of 1853, ch. 75.


§ 830. All persons who perform the marriage Registry of ceremony shall keep a registry of the time of each marriage so celebrated, the residence, the names in full, the place of birth, the age and condition, whether married or single, of each party.


§ 831. All physicians and professional midwives Registry of shall keep a registry of the time of each birth at which they assist professionally, the sex and color of the child and the names and residences of the parents.


§ 832. Physicians who have attended deceased Registry of persons in their last sickness, clergymen who have officiated at a funeral, and sextons who have buried deceased persons shall each keep a registry of the name, age, residence and time of death of such persons.

Reports in

New York to the city inspector.

§ 833. In the city of New York, all such persons the city of shall report the same, on or before the first Monday of each month, to the city inspector. A physician's certificate of death and a coroner's certificate where an inquest has been held, shall specify, as near as can be ascertained, the name in full, age occupation, term of residence in that city, birthplace, condition, whether single, married, widow or widower, color, last place of residence, and the direct and indirect cause of death of the deceased.

City inspec

tor's record.

City inspec tor's report.

Duty of

clerks of

school districts.

If at any birth in that city no physician or midwife attends, the parents shall report it to the city inspector.

§ 834. The city inspector shall record all births, marriages and deaths so reported, numbering them in the order in which they are reported, and stating the date of the record and the several points of information, in several columns, and also the name, residence and official station of the persons making such report.

§ 835. He shall, on the third Monday of each month, transmit to the secretary of state a certified abstract of his records, prepared in accordance with the secretary's instructions, and in blanks to be furnished for the purpose by the secretary.

§ 836. In each school district in the state, except in the city of New York, the clerk of the district, or, if there is none capable of acting, the trustees or one of them shall, on or before the fifteenth day of January in each year, ascertain for the year passed, and report to the town clerk or to one of the aldermen of the ward in which the school-house of the district is, the information which it is the duty of the persons mentioned in sections 832, 833 and 834 to record, and such persons shall for this purpose afford an inspection of their registers and all other information in their power.

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