Chap. 534. AN ACT to amend chapter seven hundred and twenty-five of the laws of nineteen hundred and fifteen, entitled "An act making appropriations for the support of government," in relation to salaries and compensation of teachers in the state normal college and state normal schools. Became a law May 15, 1916, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 725, Section 1. Section two of chapter seven hundred and twenty- L. 1915, five of the laws of nineteen hundred and fifteen, entitled "An act $ 2 making appropriations for the support of government," is hereby amended to read as follows: amended. appro be paid § 2. The several amounts herein appropriated shall be deemed Amounts to be only for so much thereof as shall be sufficient to accomplish priated to in full the purposes designated by the appropriations and shall pursuant to be paid by the treasurer from the respective sums as specified, finance law. pursuant to the requirements of the state finance law, and it shall state sation of employee prescribed how de ment to be be the duty of the treasurer to report annually to the legislature the detail of the several expenditures. The salary or compensa- Compention of any officer or employee, when not prescribed by law, for officer or which an appropriation is made by this act, may be fixed by the when not department, official or officials appointing such officer, or employ- by law, ing such employee, at a less, but not a greater sum than the amount termined. herein appropriated for the salary or compensation of such officer or employee. No appropriation herein contained shall be Employavailable for the salary or compensation of any regular officer or authorized. employee whose employment or office is not herein specified unless his appointment or employment is expressly authorized; and except as otherwise herein expressly provided the appropriations made in this act for traveling expenses of officers or employees Traveling are for actual and necessary expenses only, in the performance of expenses. official duties and to be paid upon proper proof thereof, as re quired by section twelve of the state finance law, and no other or further or affixed allowance for expenses shall be granted or paid, anything in any other statute to the contrary notwithstanding. The appropriations made in this act for the salaries of em- Salaries of ployees by grades are intended to refer to such grades as estab- by grades. employees Salaries appropriated to be for one year. lished by, and in accordance with, chapter fifteen of the laws of nineteen hundred and nine, being the civil service law, and such appropriations shall be available for the salaries of employees in any grade lower than the one specified in the appropriation act, but no appropriation shall be available for the salaries or compensation in whole or in part of a greater number of employees than those referred to in a specific appropriation and no employee shall receive salary or compensation from more than one grade at any one time. Any appropriation made by this act for salary, compensation or expenses shall be the salary, compensation or expenses for one year of the officer, employee, office, board, department, commission or bureau for whom the same is appropriated, notwithstanding existing provisions of any other statute fixing the annual salary, compensation or expenses of such officer or employee or the expenses of such officer, board, department, commission or bureau at a Moneys ap- different amount, provided that no moneys appropriated by this propriated not avail able for act shall be available for salary or compensation of any officer or excess com- employee of the state in excess of the salary or compensation pensation. not to apply to normal teachers. allowed in the year of nineteen hundred fourteen prior to November first, for such officer or position except as expressly provided by law or in case such officer or employee shall since that date have been appointed to or employed in a different office or employment Limitation or in a different grade; 1and provided further that such limitation shall not apply to teachers in the state normal college and state normal schools, and such teachers shall be paid from the moneys severally appropriated for maintenance of such college and schools, for their services rendered on and since October first, nineteen hundred and fifteen, and to be rendered, the salaries or compensation fixed at any time in accordance with other laws, notwithstanding the provisions of this section. Traveling expenses of managers and tutions. A manager, trustee or officer. of any state charitable or other institution receiving moneys under this act from the state treastrustees of ury, for maintenance and support, shall be entitled to actual and necessary traveling expenses when attending meetings of the board at the office of the institution or in the performance of other official duties undertaken pursuant to a resolution of the board of managers of which he is a member and with the approval of the fiscal supervisor of state charities. § 2. This act shall take effect immediately. 1 Remainder of sentence new. Chap, 535. AN ACT to amend the code of civil procedure, in relation to judicial accounts by committees of incompetent persons. Became a law May 15, 1916, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. Section 1. Section twenty-three hundred and forty-two of the $ 2342 code of civil procedure is hereby amended to read as follows: § 2342. Idem; may be compelled to file the same, or render an additional account, et cetera. In the month of February of each year, the presiding judge of the court by which the committee of the property was appointed, or if he was appointed by the supreme court, the county judge of the county where the order appointing him is entered, must examine, or cause to be examined, under his direction, all accounts and inventories filed by committees of the person and property, since the first day of February of the preceding year. If it appears, upon the examination, that a committee, appointed as prescribed in this title, has omitted to file his annual inventory or accounting, or the affidavit relating thereto, as prescribed in the last section, or if the judge is of the opinion that the interests of the person, with respect to whom the committee was appointed, requires that he should render a more full or satisfactory inventory or account, the judge must make an order requiring the committee to supply the deficiency, and also, in his discretion, personally to pay the expense of serving the order upon him. An order so made may be entered and enforced, and the failure to obey it may be punished, as if it were made by the court. Where the committee fails to comply with the order, within three months after it is made, or, where the judge has reason to believe that sufficient cause exists for the removal of the committee, the judge may, in his discretion, appoint a fit person special guardian of the incompetent person, with respect to whom the committee was appointed, for the purpose of filing a petition in his behalf for the removal of the committee and prosecuting the necessary proceedings for that purpose. The committee may be compelled in the discretion of the court to pay personally the costs of the pro ceedings so instituted. Where the examination of the accounts and inventories of committees of incompetent persons provided for herein is made pursuant to the order or direction of a county judge, the expense of such examination as allowed by the county judge directing the examination shall be payable by the county treasurer of the county out of any court funds in his hands upon the order of the county judge directing such examination. 'The committee of the property of an incompetent person appointed as prescribed in this title, may apply to the court making the appointment, for an order to permit him to render to such court an intermediate judicial account of all his proceedings affecting the property of the incompetent person to the date of the filing thereof. And the court upon examination may, in its discretion, make an order directing that such account be filed with the clerk of the court where the application is made, on or before the date determined by the order. The account to be filed pursuant to such order shall be verified and contain a just, true and proper statement of all the acts of the committee, and an itemized statement of the receipts and disbursements of any and all moneys and properties that have come into hand covering the whole of the period for which the accounting is asked. A summary statement shall be included in the account and all vouchers shall be filed therewith. Notice of the filing of such account pursuant to such order and of an application for the judicial settlement thereof shall be given in the manner in which and to the persons to whom notice of application for the appointment of a committee of the person or property of an alleged incompetent person, lunatic, idiot or habitual drunkard is required to be given by title six of chapter seventeen of the code of civil procedure. Upon the return day of the notice of such application the court shall have the power to appoint a referee to take and state such account and to report to the court with his opinion thereon as to all matters embraced in said account. The court shall have power and it shall be its duty to appoint a suitable person as special guardian of the incompetent person for the protection of his rights and interests in said proceeding. Upon the motion for a confirmation of the report of a referee appointed pursuant to the provisions hereof or if the accounting be had before the court, upon the court's determination, said account shall be then judicially adjusted, determined, fixed and filed. The compensation of the referee and of the special guardian appointed under the provisions of this chapter shall in every instance be fixed by the court to be paid out of the estate, if any, of the incompetent person. The judicial settlement of the final account of a committee shall be made in the same manner, so far as may be applicable, as provided in this section for the judicial settlement of an intermediate account. 1 Remainder of section materially amended. § 2. This act shall take effect September first, nineteen hun- In effect dred and sixteen. Sept. 1, 1916. Chap. 536. AN ACT to amend the code of civil procedure, in relation to actions against a nonresident, upon a demand barred by the law of his residence. Became a law May 15, 1916, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. Section 1. Section three hundred and ninety of the code of $ 390 civil procedure is hereby amended to read as follows:1 § 390. Action against a nonresident, upon a demand barred by the law of his residence. Where a cause of action, which does not involve the title to or possession of real property within the state, accrues against a person, who is not then a resident of the state, an action cannot be brought thereon in a court of the state, against him or his personal representative, after the expiration of the time, limited, by the laws of his residence, for bringing a like action, provided that if the limitation of the time fixed by the laws of his residence for bringing such action be less than the time fixed by the laws of this state for a like action, the limitation fixed by the laws of this state shall apply. This section shall not apply to a case in which a person is entitled, when this section as amended takes effect, to commence such action, where he commences the same before the expiration of six months after this section as amended takes effect; in which case the provisions of law applicable thereto immediately before this section as amended takes effect shall continue to be so applicable, notwithstanding the repeal thereof. § 2. This act shall take effect immediately. 1 Section materially amended. |