114 DECEDENT ESTATE LAW-DISORDERLY PERSONS Code. Crim. Pro. §§ 903, 910. Record of conviction; discharge. L. 1916, ch. 243. to share in decedent's estate if it were found that he died intestate must be denied. Matter of Polausky (1915), 90 Misc. 273, 154 N. Y. Supp. 669. § 120. Actions for wrongs by or against executors and administrators. Action against a non-resident for alleged illegal declaration of dividends survives the death of the defendant. German-American Coffee Co. v. Johnston (1915), 168 App. Div. 317, 153 N. Y. Supp. 866. § 903. DECEDENT'S ESTATES. See Surrogate's Courts; Executions. DENTISTRY. See Public Health L., §§ 190 ff. DISORDERLY PERSONS. Code of Criminal Procedure. Certificate to constitute record of conviction, and to be filed; commitment thereon; probation. The magistrate must immediately cause the certificate, which constitutes the record of conviction, to be filed in the office of the clerk of the county, and must, by a warrant signed by him with his name of office, commit the defendant to the county jail, or in the city of New York, to the city prison or penitentiary of that city, or in the county of Monroe, to the penitentiary of that county, or in the county of Westchester to the penitentiary and workhouse of that county, for not exceeding six months at hard labor, or until he gives the security prescribed in section nine hundred and one; or, if the defendant be a person described in the first or second subdivision of section eight hundred and ninety-nine, the magistrate may require him while on probation to pay through the probate officer weekly a reasonable sum for the support of his wife or children. (Amended by L. 1916, ch. 243, in effect Sept. 1, 1916.) Amendment relates to Westchester county. § 910. Court may discharge, place on probation, or authorize the binding out of disorderly persons. The court may discharge a person so committed from imprisonment, either absolutely or on parole under a salaried probation officer, or upon his giving security as provided in section nine hundred and one, or if he be a minor, may authorize the county superintendents of the poor, or the overseers of the poor of the town, or in the city of New York, the commissioner of charities, or in the county of Westchester, the commissioner of charities and corrections, to bind him out in some lawful calling as a servant, apprentice, mariner or otherwise, until he be of age, or if he be of age, to contract for his service with any person, as a laborer, servant, apprentice, mariner or otherwise, for not exceeding one year. The binding out or contract, pursuant to this section, has the same effect as the indenture of an apprentice, with his own consent and that of L. 1916, ch. 243. Commitment to prison. Code Crim. Pro. § 911. his parents, and subjects the person bound out or contracted, to the same control of his master and of the county court of the county, as if he were bound as an apprentice. (Amended by L. 1916, ch. 243, in effect Sept. 1, 1916.) Amendment relates to Westchester county. § 911. Court may also commit him to prison; nature and duration of imprisonment. The court may also, in its discretion, order a person convicted as a disorderly person, to be kept in the county jail; or, in the city of New York, in the city prison or penitentiary of that city; or in the county of Westchester, in the penitentiary and workhouse of that county, for a term not exceeding six months at hard labor. (Amended by L. 1916, ch. 243, in effect Sept. 1, 1916.) Amendment relates to Westchester county. §§ 6, 7, 11, 11a. Solemnization of marriages; duty of city clerk. L. 1916, ch. 524. DOMESTIC RELATIONS LAW. (L. 1909, ch. 19.) § 6. Void marriages. Proof of prior marriage is not alone sufficient for annulment; there is a presumption in favor of innocence of defendant, to be overcome by evidence showing that former spouse had not absented himself for a period sufficient to raise presumption of death. Fagin v. Fagin (1915), 88 Misc. 304, 151 N. Y. Supp. 809; Lazarowicz v. Lazarowicz (1915), 91 Misc. 716, 154 N. Y. Supp. 107. Absence of five years.-Under this section, providing that “a marriage is absolutely void if contracted by a person whose husband. . . by a former marriage is living, unless . . . such former husband . . . has absented himself. . . for five successive years then last past without being known to such person to be living during that time," where a wife who knows that her husband has not been absent continuously for five years last past but has lived with her within that period, contracts, through fraud and deceit, a second marriage, such marriage is absolutely void. Butler v. Butler (1916), 93 Misc. 258, 157 N. Y. Supp. 188. § 7. Voidable marriages. The committee of the person and property of an incompetent cannot as such, under section 2340 of the Code of Civil Procedure, maintain an action to annul the marriage of the incompetent on the ground that he is a lunatic and was such at the time of his marriage. Since the action to annual a marriage is purely statutory, such an action can be maintained only by a relative, or next friend, of the incompetent, or the incompetent himself, after his restoration to sanity. Walter v. Walter (1916), 217 N. Y. 439, affg. 170 App. Div. 870, 156 N. Y. Supp. 713. § 11. By whom a marriage must be solemnized.-Subd. 2 amended by L. 1916, ch. 524, in effect May 12, 1916, as follows: 2. A mayor, recorder, city magistrate, police justice or police magistrate of a city, or the city clerk of a city of the first class or any of his deputies. designated by him for such purpose, as provided in section eleven-a of this chapter, except that in cities which contain more than one hundred thousand and less than one million inhabitants, a marriage shall be solemnized by the mayor, or police justice, and by no other officer of such city, except as provided in subdivisions one and three of this section. § 11-a. Duty of city clerk in certain cities of the first class.-Whenever persons to whom the city clerk of a city of the first class having more than one million inhabitants has issued a marriage license shall request him to solemnize the rites of matrimony between them and present to him such license it shall be the duty of such clerk, either in person or by one of his deputies designated by him as provided in subdivision two of section eleven of this chapter, to solemnize such marriage; provided, however, that nothing contained either in this section or in subdivision two of section eleven of this chapter shall be construed as empowering or requiring either the L. 1916, ch. 381. Records of marriages. §§ 19, 50, 51. said city clerk or any of his deputies designated by him to perform marriage ceremonies, to solemnize marriages at any place other than at the office of such city clerk. In all cases in which the city clerk of such city of the first class or one of his deputies shall perform a marriage ceremony such official shall demand and be entitled to collect therefor a fee of two dollars, which sum shall be paid by the contracting parties before or immediately upon the solemnization of the marriage; and all such fees so received shall be paid over monthly to the treasurer of the city. by L. 1916, ch. 524, in effect May 12, 1916.) (Added 19. Records to be kept by town and city clerks.-Each town and city clerk hereby empowered to issue marriage licenses shall keep a book in which he shall record and index all affidavits, statements, consents and licenses, together with the certificate attached showing the performance of the marriage ceremony, which book shall be kept and preserved as a part of the public records of his office. Whenever an application is made for a search of such records the city or town clerk may make such search and furnish a certificate of the result to the applicant upon the payment of a fee of fifty cents for a search of one year and a further fee of ten cents for each additional year, which fees shall be paid in advance of such search. All such affidavits, statements and consents, immediately upon the taking or receiving of the same by the town or city clerk, shall be recorded and indexed and shall be public records and open to public inspection. On or before the fifteenth day of each month the said town and city clerk shall file in the office of the county clerk of the county in which said town or city is situated the original of each affidavit, statement, consent, license and certificate, which have been filed or made before him during the preceding month. He shall not be required to file any of said documents with the county clerk until the license is returned with the certificate showing that the marriage to which they refer has been actually performed. (Amended by L. 1912, ch. 241 and L. 1916, ch. 381, in effect May 1, 1916.) § 50. Property of married women. Since the enactment of the Married Woman's Acts, a husband and wife owning land as tenants by the entirety have equal rights; each is a tenant in common with the right of survivorship, and when land so owned by a husband and wife has been damaged by a change of grade in a village street, an award to the husband does not bind the wife nor include her interest, and she may make her claim for damages independent of her husband. Goodrich v. Village of Otego (1915), 216 N. Y. 112. § 51. Powers of married women. There is no obligation upon a husband to pay his wife's debts; his obligation is to supply her with necessaries, but those are his debts and not hers. Werner v. Werner (1915), 169 App. Div. 9, 154 N. Y. Supp. 570. Contract not relieving husband from liability to support wife.-A provision in a contract under seal between a husband and wife, under which the wife, in order to induce her husband to refrain from re-entering the police department as an employee, $$ 52, 56, 72, 111, 112. Voluntary adoption. L. 1916, ch. 453. agrees to pay him a certain sum annually that nothing therein contained shall obligate the husband to pay his wife's debts, and that he "shall receive the said net annual income of $10,000," does not "relieve the husband from his liability to support his wife" within the meaning of this section. Werner v. Werner (1915), 169 App. Div. 9, 154 N. Y. Supp. 570. § 52. Insurance of husband's life. Claim by receiver in supplementary proceedings.-On a motion for an order requiring a judgment debtor to turn over to his receiver in supplementary proceedings a certain policy of life insurance which, though his wife was named as beneficiary therein, contains a clause reserving to the judgment debtor the right to change the beneficiary, the surrender value of the policy may be applied in payment of his debts under section 52 of the Domestic Relations Law. Clark v. Shaw (1915), 91 Misc. 245, 154 N. Y. Supp. 1101. § 56. Husband and wife may convey to each other. See generally, Matter of Klatzl (1915), 216 N. Y. 83, 85. § 72. Payment of wages to minor; when valid. Notice to employer.-Under the terms of this statute title to wages earned by a minor under a contract of service, unless notice is given within thirty days by the parent, vests, as between the employer and the employee, in the employee, and the parent or guardian can thereafter by notice obtain title only to those wages earned thereafter. Langer v. Kaufman (1916), 94 Misc. 216, 157 N. Y. Supp. 825. § 111. Whose consent to adoption necessary. Where a mother, a widow, has been deprived of the custody of her children and they have been committed to a charitable institution upon a judicial determination that the mother is a dissolute person and has neglected them in violation of section 486 of the Penal Law, she cannot attack an order of the Surrogate's Court authorizing the adoption of said children by their uncle merely because the proceedings were had without notice to her. A determination of the Children's Court committing the children to the charitable institution as aforesaid had the effect of judicially depriving the mother of their custody within the meaning of our adoption statute. Matter of Antonopulos (1916), 171 App. Div. 659, 157 N. Y. Supp. 587. § 112. Requisites of voluntary adoption.-In adoption the following requirements must be followed: 1. The foster parents or parent, the person to be adopted and all the persons whose consent is necessary under the last section, must appear before the county judge or the surrogate of the county where the foster parent or parents reside, or, if the foster parents or parent do not reside in this state, in the county where the minor resides, and be examined by such judge or surrogate, except as provided by the next subdivision. 2. They must present to such judge or surrogate an instrument containing substantially the consents required by this chapter, an agreement on the part of the foster parents or parent to adopt and treat the minor as his, or her or their own lawful child, and a statement of the age of the person to be adopted, as nearly as the same can be ascertained, which statement shall be taken prima facie as true. If a change in the name of the |