Chap. 500. AN ACT to amend chapter fifty-five of the laws of eighteen hundred and ninety, entitled "An act to incorporate the city of Gloversville." BECAME a law May 4, 1894, 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 of title eight of chapter fifty-five of the Charter laws of eighteen hundred and ninety, entitled "An act to incorporate the city of Gloversville," is hereby amended* as to read as follows: of firemen and militia tion from ments. § 3. The members of said fire department, while they continue Exemption to be such members, and those who have served as such for five from jury years in the fire department of the village of Gloversville, and duty. those who have served as such for five years in the fire department of the city of Gloversville; and those who have served as such for five years in part in the fire departments in the village of Gloversville and in part in the fire department in the city of Gloversville shall hereafter be exempt from service on juries or in the militia, except in case of war, invasion, riot or insurrection, and shall be exempt from all assessments on his real and personal property to Exemp the amount of one thousand five hundred dollars in all classes of assesscity taxes levied by the common council of said city, except that such exemption shall not be allowed to any regularly paid member of said department unless such last named member has served five years in any volunteer fire department of the village of Gloversville, and the city of Gloversville. or of either or of both, as herein provided. And the board of aldermen shall furnish to Certificate every member who shall have served said period of five years, tion. either in the fire department of the village of Gloversville or in the fire department of the city of Gloversville, or in part in the fire department of the village of Gloversville and in part in the fire department of the city of Gloversville, a proper certificate as evidence of such service. § 2. This act shall take effect immediately. So in the original. of exemp 137 Consolidation act amend:d. Annual appro priation for Children's Aid Soclety, Guild. Chap. 501. AN ACT to amend chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," in relation to Saint John's Guild. BECAME a law May 4, 1894, 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: Section 1. Subdivision eight of the twenty-first paragraph of section one hundred and ninety-four of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," is hereby amended so as to read as follows: 8. To the Children's Aid Society, the sum of ten thousand dollars for the uses and purposes of said society. And also the sum of thirty thousand dollars to be applied to the care and education in the industrial schools of said city, of destitute children not attending the common schools in the city of New York. And also the sum of thirty thousand dollars to be applied to the supSt. John's port of the boys' and girls' lodging-houses of the said society. To St. John's Guild, of the city of New York, the sum of thirty thousand dollars, to be applied to the maintenance and operation of its hospitals, to the support of its other charitable work and to Sanitarium the general uses and purposes of said society, and to the SanitaChildren. rium for Hebrew Children in the city of New York, the sum of five thousand dollars to be applied to the support of its charitable work. for Hebrew Duty of board of estimate, etc. § 2. The board of estimate and apportionment of the city of New York, is hereby directed to make immediate provision for the payment hereby authorized. § 3. This act shall take effect immediately. Chap. 502. AN ACT to amend the code of criminal procedure, relating to application for certificate of stay, not to be granted. BECAME a law May 7, 1894, 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: Section 1. Section five hundred and twenty-nine of the code of criminal procedure is hereby amended to read as follows: $529. Certificate of stay not to be granted, but on notice to district attorney. The certificate mentioned in the last two sections can not, however, be granted upon an appeal on a conviction of felony, until such notice as the judge may prescribe has been given to the district attorney of the county where the conviction was had, of the application for the certificate. But the judge may stay the execution of the judgment in the meantime. And when an application for such certificate shall have been made to and denied by the judge who presided at the trial, and a justice of the supreme court, or when the trial was had in the court of oyer and terminer, by a justice of the supreme court other than the one who presided at the trial, or in case of an appeal to the court of appeals, by a judge of that court or a justice of the supreme court, no other application for such cer tificate shall be made to or entertained by any other judge or justice. § 2. This act shall take effect immediately. Chap. 503. AN ACT to amend the code of civil procedure, relating to letters of administration, who entitled to. BECAME a law May 7, 1894, 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: Section 1. Section twenty-six hundred and sixty of the code of civil procedure is hereby amended so as to read as follows: 2660. When entitled to letters of administration.- Administration in case of intestacy must be granted to the relatives of i the deceased entitled to succeed to his personal property, who will accept the same, in the following order: 1. To the surviving husband or wife. 2. To the children. 3. To the father. 4. To the mother. 5. To the brothers. 6. To the sisters. 7. To the grandchildren. 8. To any other next of kin entitled to share in the distribution of the estate. 9. To an executor or administrator of a sole legatee named in a will whereby the whole estate is devised to such deceased sole legatee. If a person entitled is a minor, administration must be granted to his guardian, if competent, in preference to creditors or other persons. If no relative, or guardian of a minor relative, will accept the same, the letters must be granted to the creditors of the deceased; the creditor first applying, if otherwise competent, to be entitled to preference. If no creditor applies, the letters must be granted to any other person or persons legally competent. Letters of administration shall also be granted to an executor or administrator of a deceased person named as sole legatee in a will. The public administrator in the city of New York has preference, after the next of kin, and after an executor or administrator of a sole legatee named in a will whereby the whole estate is devised to such deceased sole legatee over creditors and all other persons. In other counties, the county treasurer shall have preference next after creditors over all other persons. If several persons of the same degree of kindred to the intestate are entitled to administration, they must be preferred in the following order: First, men to women; second, relatives of the whole blood to those of the half blood; third, unmarried women to married. If there are several persons equally entitled to administration, the surrogate may grant letters to one or more of such persons, and administration may be granted to one or more competent persons, although not entitled to the same, with the consent of the person entitled to be joined with such person or persons; which consent must be in writing, and filed in the office of the surrogate. If a surviving husband does not take out letters of administration on the estate of his deceased wife, he is presumed to have assets in his hands sufficient to satisfy her debts, and is liable therefor. A husband is liable as administrator for the debts of his wife only to the extent of the assets received by him. If he dies leaving any assets of his wife unadministered, except as otherwise provided by law, they pass to his executors or adminis trators as part of his personal property; but are liable for her debts in preference to the creditors of the husband. § 2. This act shall take effect September first, eighteen hundred and ninety-four. Chap. 504. AN ACT to amend the code of civil procedure, relative to the jurisdiction of the supreme court over the person and property of incompetent persons. BECAME a law May 7, 1894, 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: Section 1. Section twenty-three hundred and twenty of the code of civil procedure is hereby amended so as to read as follows: § 2320. Jurisdiction; concurrent jurisdiction. The jurisdiction of the supreme court extends to the custody of the person, and the care of the property, of a person incompetent to manage himself or his affairs, in consequence of lunacy, idiocy, habitual drunkenness, or imbecility arising from old age or loss of memory and understanding, or other cause. Where a superior city court, or a county court or both, have jurisdiction of those matters, concurrent with that of the supreme court, the jurisdiction of the court first exercising it, as prescribed in this title, is exclusive of that of the others, with respect to any matter within its jurisdiction, for which provision is made in this title. In all proceedings under this title for the appointment of a committee of such a person, he shall be designated "an alleged incompetent person;" and after the appointment of a committee of such person, in all subsequent proceedings the lunatic, idiot, habitual drunkard or imbecile shall be desig nated "an incompetent person." § 2. This act shall take effect September first, eighteen hundred and ninety-four. |