Administrators' liabilities. same might have been maintained, by or against their respective testators. [See Laws of 1838, ch. 149 (4 Edm., 505); 6 N. Y., 168.] § 3. Administrators shall have actions to demand and recover the rights and debts due to their intestate, and the personal property and effects of their intestate; and shall answer and be accountable to others to whom the intestate was holden or bound, in the same manner as Trespass by execu tors, etc. Actions for wrongs. Exceptions. Executors of executors. executors. 4. Executors and administrators shall have actions of trespass against any person who shall have wasted, destroyed, taken or carried away, or converted to his own use, the goods of their testator or intestate in his life-time. They may also maintain actions for trespass committed on the real estate of the deceased, in his lifetime. [2 R. S., 113, § 1-4 (2 Edm., 117); 13 N. Y., 334; 28 B., 607; 19 B., 471; 16 How. P. R., 279; 25 How. P. R., 289.] § 1. For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrongdoer, such action may be brought by the person injured, or after his death, by his executors or administrators, against such wrongdoer, and after his death, against his executors or administrators, in the same manner and with the like effect in all respects, as actions founded upon contracts. [19 N. Y., 474; 28 B., 607; B., 330; 2 B., 373; 1 B., 230; H. & D., 119; 16 How. P. R., 15, 279, 378; 5 W., 313; 5 D., 477; 1 J. R. 396; 38 B., 20; 25 How. P. R., 286.] § 2. But the preceding section shall not extend to actions for slander, for libel, or to actions of assault and battery, or false imprisonment, nor to actions on the case for injury to the person of the plaintiff, or to the person of the testator or intestate of any executor or administrator. [2 R. S., 447, §§ 1 and 2 (2 Edm., 467); 19 N. Y., 474; 25 How. P. R., 286.] § 11. An executor of an executor shall have no authority to commence or maintain any action or proceeding relating to the estate, effects or rights of the testator of the first executor or to take any charge or control thereof, as such executor. [Id., § 11; 19 B., 653; 18 B., 370; 5 Pai., 36.] Proceedings to recover surplus on tax sales. tax sales supervisor. § 28. Whenever a surplus arising from the sale of any property Surplus of distrained for taxes, paid over to the supervisor of a town, shall be paid to claimed by any other than the person for whose tax such property was sold, and such claim shall be contested by such person, such claimant shall be entitled to maintain an action against such person; and the person for whose tax such property was sold, may also maintain such action against such claimant, as for money had and received; in which the right of the respective parties to such surplus, shall be tried and determined. supervisor. 29. For the purposes of such action, the defendant shall be Duty of deemed to be in possession of the surplus in the hands of the supervisor. Upon a certified copy of the final judgment that shall have been rendered in favor of either party, being produced to the supervisor, in whose hands such surplus shall be, he shall pay over the same to the party so recovering. And no supervisor shall be liable to any action in favor of any claimant of such surplus, the right of which shall be contested as provided in the fourth section of the third Title of chapter thirteen of the First Part of the Revised Statutes, until he shall have refused to pay over such surplus upon the production of a judgment as aforesaid. and execu 30. In any action brought pursuant to the two last preceding Judgment sections, no other cause of action shall be joined, nor shall any set- tion, etc. off be allowed; and if an execution issue on a judgment so rendered, it shall direct the costs only of such judgment to be levied thereon. [2 R. S., 555, §§ 28-30 (2 Edm., 576). See 1 R. S., 398, § 4 (1 Edm., 370).] Penalties. penalties, tion of. 15. To direct the payment, by justices of the peace, of all fines Fines and and penalties imposed by and paid to such justices in their respect- disposiive towns to the supervisors of such towns, respectively, to be applied by them toward the support of the poor of such towns, or to the superintendents of the poor when the support of the poor is a county charge. [From L. 1875, ch. 482, § 1, page 559, relating to the powers of boards of supervisors.] Size of barrel. СНАР. 573. AN ACT to amend an act entitled "An act to regulate the size of apple, pear and potato barrels," passed May twelfth, one thousand eight hundred and sixty-two. PASSED June 9, 1875; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter one hundred and seventyeight, of the laws of eighteen hundred and sixty-two, entitled, " An act to regulate the size of apple, pear and potato barrels," is hereby amended so as to read as follows: § 1. A barrel of apples, quinces, pears or potatoes shall represent a quantity equal to one hundred quarts of grain or dry measure, and all persons buying or selling those articles in this State, by the barrel, shall be understood as referring to the quantity specified in this act. And any person or persons in this State who shall make, or cause to be made, barrels holding less than the quantity herein specified, knowing, or having reason to believe, that the same are to be used for the sale of apples, quinces, pears or potatoes; or who shall use barrels hereafter made, for the sale of those articles, of a size less than the size expressed in this act, shall be subject to a fine of five using, pen- dollars for each and every offence, to be sued for and recovered by any person aggrieved thereby for the use of the poor of the town or county, as the case may be. Barrels of less size, making or alty for. Penalty, how recovered. Justices of the peace diction. § 2. In any action arising for violations of the provisions of this have juris act, any justice of the peace in the county where the violation of this act shall have been committed shall have jurisdiction to try and determine the same. § 3. This act shall take effect on the first day of January, one thousand eight hundred and seventy-six. [See § 2869, subd. 4, ante, page 7. Where the special act does not limit the action to the town where the offence is committed, § 2862, ante, page 3, will define the jurisdiction. See L. 1875, ch. 215; L. 1877, ch. 451; L. 1878, ch. 49, 220 and 237; L. 1880, ch. 439, etc.] CHAP. 71. AN ACT relating to actions brought by the mayor, aldermen and commonalty of the city of New-York, to recover penalties for violations of corporation ordinances and the collection thereof. PASSED March 11, 1879. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Actions for penal Y. city. SECTION 1. All actions which may hereafter be brought or commenced by or on behalf of the mayor, aldermen and commonalty of ties in N. the city of New-York, to recover a penalty or fine for a violation. of any corporation ordinance, where the amount of such penalty or fine shall not exceed the sum of two hundred and fifty dollars, must be brought in a district court in the city of New-York, held in the judicial district in which the violation of such corporation ordinance happened or occurred, and the justice of the same judicial district may direct any of the city marshals to collect the payment and make return, in the same manner as now provided by law. § 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. 3. This act shall take effect immediately. detention of canal § 23. Whenever an action shall be brought to recover any penalty Bond to imposed by law for taking any rails, boards, planks or staves, from authorize the banks or vicinity of a canal, in which a justice is authorized to boats. direct the detention of any canal boat, he shall not indorse such direction on any warrant, unless a bond, as prescribed in the next section, shall be executed and delivered to such justice. tion. § 24. Such bond shall be in the penalty of at least one hundred Its penalty dollars, with one or more sureties, to be approved by such justice, and condi conditioned that such action shall be prosecuted to judgment with all convenient speed, and that if judgment be rendered in favor of the defendant, the obligors will pay the costs and charges which shall be adjudged against the plaintiff, and all damages which may This title extended ensue from the detention of such boat and the cargo thereof, and the crew navigating the same. [The preceding sections 23 and 24 are 2 R. S., 229, §§ 23, 24 (2 Edm., 245). See 1 R. S., 247 (1 Edm., 247).] § 231. The several provisions of this title, so far as the same to certain may be applicable, shall apply to the justices' courts in the cities of special courts. Albany, Hudson and Troy, respectively, except in those cases where Agents, etc., to deliver up Proceedings to recover books, etc., of canal employees. § 183. It shall be the duty of every agent, toll collector, lockbooks, etc. keeper or superintendent, employed on any canal, and occupying any house, office, building, or land, belonging thereto, who shall be discharged from his employment; and of the wife and family, of every such person, who shall die in such employment; to deliver up the possession of the premises so occupied, and of all books, papers, matters or things belonging to the canals, acquired by virtue of his office, within seven days after a notice shall have been served for that purpose, by the acting canal commissioner. Proceedings to compel delivery. [1 R. S., 249, § 183 (1 Edm., 250).] § 184. In case of a refusal or neglect to make such delivery, in either of the above cases, it shall be the duty of any justice of the peace, in the county where such premises shall be situate, upon application, to issue his warrant under his hand and seal, ordering any constable or other peace officer, with such assistance as may be necessary, to enter upon the premises so occupied, in the day-time, and remove therefrom all persons found in possession thereof, and to take into his custody all books, papers, matters and things there found, belonging to the canals, and to deliver the same to the acting canal commissioner, or his authorized agent; and the officer to whom such warrant shall be delivered, shall execute the same according to its purport. [Id., § 184.] |