the total amount of his receipts and expenditures, in each case in which he shall have taken charge of and collected any effects, or in which he shall have administered on any estate, during the preceding year, with the name of the deceased, his addition, the place of his residence at the time of his death, if the same be known, and the country or place from which he came, if he was not a resident of this state at the time of his death. ART. 1. lished. § 40. The public administrator shall cause the said statement to be To be pub published for three weeks, daily, in a newspaper in the city of New York, and twice in each week in the state paper; the expense of which, shall be deducted by him from the balance in his hands, payable to the city treasury. omissions. § 41. If any public administrator in the city of New York, shall Penalty for neglect to render or to publish such statement, as herein before required, he shall forfeit five hundred dollars, to be recovered by the attorney-general, for the use of this state; and on such recovery being had, he shall forfeit his office, and be thereafter incapable of being appointed to the same. corpora tion. 4 Sandf. S. C., 4; 2 42. The mayor, aldermen and commonalty of the city of New- Responsi York, shall, in all cases, be responsible for the application of all o monies received by the public administrator, according to law, and for the due and faithful execution of all the duties of his office. § 43. The said corporation shall also be answerable for all stock transferred by the public administrator, and the dividends received 4 Sandf., S. thereon, and for all monies paid into the city treasury by him, or sandf., Ch., which ought to be so transferred or paid in according to law, after Brad, 21; deducting therefrom the commissions allowed by law; but not for 7 Hun, 309; any interest on such monies, or dividends on stock. All persons [128] who shall be entitled to receive such monies and stock, as creditors, legatees, or relatives of the deceased, and all persons, aggrieved by any unauthorised acts, or omissions, of the public administrator, shall have the same remedies against the said corporation for the same, as they would have, against any executor. id., 232. &c., to be to succes sor. 1 § 44. Whenever the public administrator shall resign, or be re- Papers, moved from his office, he shall immediately deliver over all papers, delivered money and effects, in his hands, to his successor; and in case of the death of such officer, the persons into whose custody or possession Sandr., s. any such papers, money or effects, may come, shall, on demand, deliver the same to the successor duly appointed. Such delivery may, in either case, be enforced in the manner provided in chapter fifth of the first part of the Revised Statutes, in relation to public officers. persons to be re Penalty. § 45. Every person keeping a hotel, or boarding or lodging house Death of in the city of New York, shall report in writing to the public ad- transient ministrator the name of every person not a member of his family, 'ported. who shall die in his or her house, within twelve hours after such death; and every coroner within twelve hours after an inquest, shall report to the public administrator, the name, if known, of the deceased person. Every undertaker shall also report to the public administrator within twelve hours after burial by him, any deceased person having no next of kin known to him to be entitled to administer, the name and residence of such deceased person. Whoever TITLE 6. shall neglect to comply with this provision shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by imprisonment in the penitentiary for a period not exceeding six months nor less than one month, or by a fine of one hundred dollars, one moiety of which shall be given to the informer, and the other moiety be paid into the city treasury. [Thus amended by L. 1866, ch. 802.] Penalty, when to be § 46. The public administrator in New York shall cause a copy recovered. of the last section to be left at every boarding and lodging house in the city of New York, at least once in each year; and he shall not be entitled to recover of any person the penalty given by the last section, without due proof of the service of a copy of that section, personally, on the defendant, previous to the neglect for which such suit may be brought, and within one year before the commencement of such suit. [The provisions of this article are compiled from L. 1815, 161, and L. 1821, 187, with additions and variations.] L. 1829, Chap. 148 - An act in relation to the office of public administrator in the city of New York, [Section 1 is omitted as temporary.] Power of common council. § 2. It shall and may be lawful for the common council of the said city to give such directions, and to make such rules and regulations for the government of the said public administrator, as they may from time to time deem necessary and proper to carry into effect the provisions of said article ; and it shall be his duty faithfully in all things to conform to the same. 4 Sandf. S. C., 4; 2 Sandf. Ch., 179; 4 Bradf., 2. L. 1887, Chap. 573- An act to provide for the settlement of certain intestate estates in the hands of the public administrator in the city of New York. In certain cases only persons whose residences are known to be cited for settlement of account. SECTION 1. Where an estate of any deceased person in the hands of the public administrator in the city of New York is claimed by the widow, husband or next of kin of the deceased, any or all of whom reside out of this state, and after paying the just debts of the deceased and the expenses of administration, the balance of said estate is less than two hundred and fifty dollars, service of the citation upon the judicial settlement of the account of the public administrator shall be made upon those persons only whose places of residence are known. Surrogate's order for service on non-residents. § 2. The order of the surrogate directing the service of the citation upon those persons who reside out of the state shall direct that the public administrator, at least forty days before the return day of said citation, deposit in the post-office in the city of New York copies of the citation and said order, contained in a securely closed post paid wrapper, directed to the person or persons to be served at a place or places specified in the order; and service made in accordance with said order shall be sufficient service. Shares of unknown persons to be paid into the treasury. § 3. The public administrator shall pay the share or shares of any unknown persons, or of any persons whose places of residence are unknown, in and to an estate described in section one, into the treasury of the city of New York to the credit of the account of intestate estates. Settlement of estates on deposit in Guardian Savings Institution. § 4. The public administrator and comptroller in the city of New York, jointly are hereby authorized and empowered to use such amount of unclaimed interest money on deposit in banks, heretofore accumulated on estates administered upon by the public administrator, as may be necessary to close all unsettled estates which were on deposit by the public administrator in the Guardian Savings Institution of the city of New York, at the time it suspended payment; and they are hereby authorized and empowered to pay the amount of such unsettled estates out of such interest money into the city treasury, to the credit of the account of intestate estates. Payments of commissions on unsettled estates. § 5. The commissioners on intestate estates on deposit in the Guardian Savings Institution, shall likewise be paid by the public administrator and comptroller out of said interest money into the city treasury, to the credit of the general fund. When estate, less than $250, not claimed in 2 years, money to be paid into treasury § 6. When an estate of any deceased person is not claimed by the widow, husband or next of kin of the deceased for a period of two years after the estate passes into the possession of the public administrator, and, after paying the just debts of the deceased and the expenses of administration, the balance of said estate is less than two hundred and fifty dollars, the public administrator shall pay the residue into the city treasury to the credit of account of intestate estates. Act not to affect persons' rights; decree of distribution. § 7. The rights and remedies of all persons interested in any estate paid into the treasury pursuant to sections three or seven of this act, whether as legatee, next of kin, creditor or otherwise, to compel an accounting by the public administrator before the surrogate of the county of New York, are not here affected or impaired; but the decree of distribution which shall be made in such proceedings shall provide that the payments therein directed shall be made by the comptroller out of the intestate estates' account of the city treasury. Proviso. § 8. Nothing in this act contained shall be construed to affect or impair the right of any person interested in the interest money mentioned in sections four and five, but such rights may be enforced by appropriate remedies against the city of New York. Money hereafter received from institution. § 9. Any money hereafter collected by the public administrator from the receiver of the Guardian Savings Institution shall be paid by the public administrator and comptroller to the credit of the account of intestate estates. ARTICLE SECOND. OF PUBLIC ADMINISTRATORS IN THE SEVERAL COUNTIES OF THIS STATE, OTHER THAN SEC. 47. Cases in which county treasurer shall take charge of effects of intestates. 49. In certain cases, order may be given him to seize and secure effects. 50. Same proceedings to discover concealed effects, may be had as in New York. 51. Perishable property may be sold upon order of surrogate. 52. Property taken charge of by county treasurer, to be appraised. 53. Proceedings on appraisement. 54. Inventory to be sworn to and returned to surrogate. 55. Time for returning may be extended; penalty for neglect to return. 56. Upon making return, bond to be given, and letters to collect, etc., to issue. 57. Notice to persons claiming right to administer, to be published. 58. If claimant appear before expiration of notice, letters may be granted to him, etc. 59. On expiration of notice, letters to be granted to persons entitled who shall appear. 60. Duty of county treasurer upon letters being granted to another. 61. When letters of administration to be granted to county treasurer. 62. Duty of county treasurer to accept letters, and give bond. 63. Letters, etc., to be evidence of authority of county treasurer. 64. Surrogate to transmit a copy of such letters to the comptroller. 65. Powers of county treasurer before letters are granted to him. [129] 66. Cases in which the authority of county treasurer shall be superseded. TITLE 6. SEC. 67. On being superseded to deliver over assets, deducting expenses, etc. Powers of county treasurer 68. Previous acts valid; pending suits to be continued. 69. General powers of county treasurer, as administrator. 70. To account within one year; account how compelled. 71. Allowances on settlement; balance to be paid into state treasury. 72. Annual account to be rendered to comptroller; its contents. 73. To publish a copy of such account; penalty for neglect. 74. Claimants of monies paid into treasury, may petition chancellor, etc. 75. Chancellor may order payment of amount due to such claimants. § 47. The county treasurer in each of the counties of this state, shall by virtue of his office, have authority to collect and take charge of the assets of every person dying intestate, where such assets shall amount to one hundred dollars or more, either in his county or out of it, upon which no letters of administration shall have been Dem., 35. granted, in the following cases: as public administrator. 2 Dem., 652; 4 Id. In certain cases to secure effects. I. Whenever such person shall die, leaving assets in the county of such treasurer, and there shall be no widow or relative in the county, entitled, or competent, to take letters of administration on such estate: 2. Whenever assets of any person so dying intestate, shall, after his death, come into the county of such treasurer, and there shall be no person entitled or competent as aforesaid to take administration of such estate. But in the county of Richmond, the county treasurer shall not have power to act as public administrator, in those cases in which the public administrator in the city of New York has jurisdiction, according to the provisions of the first article of this title. In the above cases, intestacy shall be presumed, until a will shall be proved, and letters testamentary issued thereon. §48. For the purpose of collecting and preserving the said assets, he may maintain suits in his name of office, and without any other authority, in the same manner as any executor may by law. § 49. Although there may be a widow or relative of any such intestate, entitled to administration on his estate, in the county, yet, 2 Dem.,652. if due proof be made to the surrogate of the county, that there are creditors, or relatives of the deceased, residing more than one hundred miles distant from the residence of such surrogate, who are interested in the distribution of the estate, and that the effects of the deceased are in danger of waste or embezzlement, he may grant an order to the treasurer of the county, authorising him to seize and secure the said effects, or any part thereof; which order shall vest in him, all the powers given in the two preceding sections. Concealed § 50. If any of the effects whereof the county treasurer is authorised to take charge, shall be concealed or withheld, he shall be entitled to the same process from the surrogate or first judge of the county, to discover and seize the same, on the same evidence and on the like terms, as the public administrator in the city of New York. effects. Perishable § 51. Any property, that may be in a perishing condition, taken property. into the charge of such treasurer, may be sold by him at auction, on obtaining an order for that purpose from the surrogate of the county; which shall be granted, on due proof of the fact, and shall specify the time and manner, and the notice of such sale. § 52. Upon taking charge of the property of any intestate, the ART. 2. county treasurer shall cause the same to be appraised by two disin- Property terested appraisers, to be appointed by the surrogate as in other to be ap cases. praised. § 53. The said appraisers shall make a just and true inventory of Proceedsuch property, and of the true value of each article; duplicates of ings. which inventory shall be subscribed by them, and verified by their affidavits. They shall be allowed the same compensation, as appraisers under the third title of this chapter. § 54. Within ten days after taking charge of any property, as Inventory. herein authorised, the county treasurer shall return an inventory thereof, signed and verified by the appraisers, to the surrogate of the county, to be by him filed; and shall accompany the same with his affidavit, that the same contains a true and just account of all the . effects of the deceased, which have come to his hands or knowledge. for neglect § 55. The time for making such return, may, on good cause Id., penalty shown, be extended by the surrogate ten days longer. Any county to return. treasurer who shall neglect to make such return within the time above prescribed, or within the time so extended, of all the effects of any deceased person, which shall have come to his hands, shall forfeit five hundred dollars, to be sued for, and recovered, by the county superintendents of the poor, for the use of the poor, and shall forfeit his office. § 56. At the time of making such return, the county treasurer Bond, &c. shall give the bond required by law, to be given by any collector of an estate, appointed by a surrogate, with such sureties, and in such penalty, as the surrogate shall approve. The surrogate shall thereupon issue letters to the said county treasurer, authorising him to collect and preserve the estate of the deceased. be pub § 57. Immediately upon the issuing of such letters to collect, the Notice to surrogate shall cause notice thereof, to be published once in each lished. week for three months, in a newspaper printed in his county, and in the state paper, requiring all persons claiming a right to administer on such estate, to appear and interpose such claim, before the surrogate, within a certain time therein to be specified, which shall be at least six months after the first publication of such notice in the state paper. § 58. If before the time appointed in such notice, any person so entitled to administration, shall appear and claim the same, the surrogate shall cause ten days' notice of such claim to be served on the collector appointed, and may proceed to grant letters as aforesaid; and thereupon the publication of the notice specified in the last section shall be discontinued. Letters to claimants § 59. At the time appointed, any person entitled to administra- Id. tion on such estate, and duly qualified and competent, who shall appear and claim the same, shall be entitled to letters testamentary or of administration, as the case may be, as in other cases. [131] thereof. § 60. Upon letters testamentary or of administration being so Effect issued, to any person claiming them, all control and authority of the county treasurer, over the estate of the deceased, shall cease, and he shall deliver all the assets in his hands belonging to such estate, to the person so appointed, after deducting therefrom, the expenses |