L. 1916, ch. 625.

Executions against decedent's property. Code Civ. Pro. § 1380.

EXECUTIONS.

Code of Civil Procedure.

§ 1380. Execution against decedent's property.-After the expiration of one year from the death of a party, against whom a final judgment for a sum of money, or directing the payment of a sum of money is rendered, the judgment may be enforced by execution against any property upon which it is a lien with like effect as if the judgment debtor was still living. But such an execution shall not be issued, unless an order granting leave to issue it is procured from the court from which the execution is to be issued, and from a surrogate's court of this state, which has duly granted letters testamentary or letters of administration upon the estate of the deceased judgment debtor. Where the lien of the judgment was created as prescribed in section twelve hundred and fifty-one of this act, neither order can be made until the expiration of eighteen months after letters testamentary or letters of administration have been duly granted upon the estate of the decedent, and for that purpose such a lien existing at the decedent's death continues for two years thereafter, notwithstanding the previous expiration of ten years from the filing of the judgment roll. But where letters upon the estate of the decedent have not been granted within eighteen months after his death by the surrogate's court of the county in which the decedent resided at the time of his death, or if the decedent resided out of the state at the time of his death, and letters testamentary or letters of administration have not been granted within the same time by the surrogate's court of the county in which the property on which the judgment is a lien is situated, such court may grant the order where it appears that the decedent did not leave any personal property within the state upon which to administer. In such case the lien of the judgment existing at the decedent's death continues for two years as aforesaid. Provided, however, that such judgment lien, existing at the decedent's death, upon the decedent's real property, or some portion thereof, may be enforced and payment thereof obtained during the said eighteen months after granting of letters testamentary, or letters of administration, in the manner prescribed by title four of chapter eighteen of this act. But this section shall not apply to real estate which shall have been conveyed, or hereafter may be conveyed by the deceased judgment debtor during his lifetime, if such conveyance was made in fraud of his creditors or any of them, and any judgment creditor of said deceased, against whose judgment said conveyance shall have been, or may hereafter be, declared fraudulent by the judgment and decree of any court of competent jurisdiction, may enforce his said judgment against such real property, with like effect as if the judgment debtor was living, and it shall not be necessary to obtain the leave of any court or officer to issue such execution, and the same may be issued at any time to the sheriff of the county where such property is or may be situated.

Code Civ. Pro. § 1380. Executions against decedent's property.

L. 1916, ch. 625. The person issuing such execution, however, shall annex thereto a description of the real estate against which the same is sought to be enforced, as aforesaid, and shall endorse on said execution the words "issued under section thirteen hundred and eighty of the code of civil procedure," whereupon said sheriff shall enforce said execution as therein directed, against the property so described, and not against any other property, either real or personal, and all provisions of law relating to the sale and conveyance of real estate on execution and the redemption thereof shall apply thereto. (Amended by L. 1916, ch. 625, in effect May 20, 1916.)

1

L. 1916, ch. 171.

Copyright of court reports.

§§ 8, 31, 62, 65.

EXECUTIVE LAW.

(L. 1909, ch. 23.)

§ 8. Examinations and inspections by governor.

The term of office of persons appointed by the Governor, pursuant to this section, with the right to make investigations, expires with the term of the Governor who appointed them. Atty. Genl. Opin., 5 State Dep. Rep. 500 (1915).

§ 31. Copyright of notes prepared by court reporters.-The copyright of the statements of facts, of the head notes and of all other notes or references prepared by the state reporter, the supreme court reporter and the miscellaneous reporter must be taken by and shall be vested in the secretary of state for the benefit of the people of the state. The secretary of state is authorized by a writing filed in his office to grant to any person, firm or corporation, under such terms and conditions as he may determine to be for the best interests of the state, the right to publish the above mentioned. copyrighted matter in an annotated edition of the volumes of law reports prepared by the reporters hereinbefore mentioned which have been heretofore issued. Said publication shall be made without cost to the state, and nothing in this section contained shall otherwise affect the obligation of any contract for the publication of such reports. (Amended by L. 1916, ch. 171, in effect Apr. 7, 1916.)

§ 62. General duties; attorney general.

The Governor should make his demand under subdivision 2 in an official form, defining the powers to be conferred upon the Deputy Attorney-General and correspondingly withdrawn from the local district attorney, but a special provision superseding the district attorney is not necessary. People ex rel. Osborne v. Board of Supervisors (1915), 168 App. Div. 765, 154 N. Y. Supp. 266.

Compensation of deputy attorney-general; liability of local county.—An attorney appointed upon the oral direction of the Governor, of which there is no official record, as a Special Deputy Attorney-General authorized to pursue a definite line of investigation of charges relating to the conduct of a State prison, and to prosecute persons involved in the charges, but whose compensation has not been fixed by the Attorney-General, is not entitled under subdivision 2 of section 62 of the Executive Law, as amended by chapter 14 of the Laws of 1911, to compel the board of supervisors of the local county to pay him in accordance with the evidence submitted. It seems, that the appointment was made under section 65 of the Executive Law. People ex rel. Osborne v. Board of Supervisors (1915), 168 App. Div. 765, 154 N. Y. Supp. 266.

§ 65. Additional counsel; attorney general.

Appointment of deputy attorney-general.-People ex rel. Osborne v. Board of Supervisors (1915), 168 App. Div. 765, 154 N. Y. Supp. 266.

§ 67. Deputy attorney-general to act as special district attorney and as

§ 67.

Deputy attorney general as counsel.

L. 1916, ch. 359. counsel to state superintendent of elections.-Whenever the governor shall advise the attorney-general that he has reason to doubt whether in any county the law relating to crimes against the elective franchise is properly enforced, the attorney-general shall require from the district attorney of such county, and it shall be the duty of such district attorney forthwith to make to the attorney-general a report of all prosecutions and complaints within his county during the year then last past for offenses under the election law and article seventy-four of the penal law and of the action had thereon. The attorney-general may require from the state superintendent of elections, and it shall be that officer's duty forthwith to make a report of all prosecutions within such county during the year then last past for such offenses upon complaints made by said superintendent, or his deputy superintendents of elections, and of the action had thereon. The attorney-general shall assign one or more of his deputies to act as counsel for the state superintendent of elections and to take charge of prosecutions under the election law and article seventy-four of the penal law. Such deputy shall represent the people of this state in all such prosecutions before all magistrates and in all courts and before any grand jury having cognizance thereof; and shall act as special counsel and adviser to said state superintendent of elections in the performance of his duties. The deputies so assigned shall be appointed pursuant to section sixty-one of this chapter. They may be especially appointed thereunder for the purpose of such assignment and for the performance of the duties herein described. Whenever the attorney-general shall advise the governor that there is occasion for an extraordinary term in any such county to inquire into and try cases arising under said article seventy-four of the penal law, the governor may appoint an extraordinary term of the supreme court to be constituted and held for the trial of criminal cases in such county, pursuant to section one hundred and fifty-three of the judiciary law. Grand and petit juries shall be drawn and summoned for said term in the manner provided by law, and such cases shall be brought before such inquest and court as the attorney-general shall direct. All the provisions of sections sixty-two and sixty-five of this chapter shall apply to such extraordinary term. It shall be the duty of the district attorney of the county, and of the assistants, clerks and employees in his office, and of all police authorities, officers and men within any such county, to render to the attorney-general and his deputy, whenever requested, all aid and assistance within their power in such prosecutions and in the conduct of such cases. The jurisdiction conferred upon the attorney-general herein to prosecute crimes, is concurrent in each county with that of the district attorney; but whichever of such officers shall first assume jurisdiction of a particular offense shall have exclusive jurisdiction to prosecute for the same unless or until the governor shall, by written order filed with both such officers, give such jurisdiction to the other. (Amended by L. 1916, ch. 359, in effect May 1, 1916.)

L. 1916, ch. 160.

Stenographer's fees.

Code Civ. Pro. § 3311.

§ 102. Notary public acting in more than one county.

Filing notary's cretificate with other counties.-A notary public duly appointed for one county who complies with this section relating to the filing of his certificate in another county, by forwarding by mail to the clerk of the other county his autograph signature upon a certificate of the clerk of the county where he was originally registered setting forth his appointment and qualifications and stating that the clerk is well acquainted with his handwriting and believes the signature to be genuine, etc., is entitled to have his certificate filed in the other county. The clerk of the other county, upon receiving the certificate, should not refuse to file it merely because the notary refuses personally to appear before him, in the absence of any valid reasons for requiring him to do so. People ex rel. Horsey v. Ganly (1915), 168 App. Div. 856, 154 N. Y. Supp. 371.

§ 104. Disposition of fees paid by notary public.

Disposition of fees received by county clerk from notaries public.-Under the Bronx County Act (Laws of 1912, chap. 548), and sections 103 and 104 of the Executive Law, it is the duty of the county clerk of Bronx county to collect a fee of ten dollars from each notary public appointed and qualifying, and of the amount so collected to pay three dollars into the treasury of the city of New York, and to remit the balance to the State Treasurer. People v. Ganly (1915), 170 App. Div. 702, 156 N. Y. Supp. 671.

or

any

FARM PRODUCE.

Defined; Agricultural L., § 282.

FARM SETTLEMENT.

Bureau established; Agricultural L., §§ 266-267.

FEES.

Code of Civil Procedure.

§ 3311. Stenographer's fees.-Except where otherwise agreed, or when special provision is otherwise made by statute, a stenographer is entitled, for a copy fully written out from his stenographic notes of the testimony, other proceeding, taken in an action, or a special proceeding in a court of record, or before a judge or justice thereof, and furnished, upon request, to a party or his attorney, to the following fees for each folio: In a trial term of the supreme court, or at a special term of the supreme court in the third, fourth, fifth, sixth, seventh or eighth judicial districts, six cents; in any other court or courts, ten cents; and for the copy of the testimony required to be made in any proceeding for the record of the