resident of the State at the time of his death. A copy of such statement must be published once a week for three weeks in a paper printed in the county and in the official State paper, the expense of which may be retained by him out of any balance in his hands payable into the State treas ury. For a neglect to comply with this provision, he forfeits one hundred dollars to the people of the State, to be recovered by the attorney-general; and the comptroller shall give notice to the attorney-general of every such omis sion. § 2669. [Am'd 1881, 1893.] The surrogate of the county of Kings and the county treasurer of such county may ap point a public administrator of the county to hold office for the term of five years unless sooner removed for cause. Before entering on the duties of his office, he must take and subscribe before the county clerk or county judge of the county, or a justice of the supreme court, the constitutional oath of office, and execute a bond with sureties to be approved by a justice of the supreme court, or such county judge, to the county of Kings, in the penal sum of fifty thousand dollars, conditioned for the faithful discharge of all the duties of his office, and that he will fully and correctly account for and pay over all moneys and property that may come into his hands as such public administrator, according to law, which bond must be filed with the clerk of the county. He shall be entitled to retain from all moneys or property of any intestate that come into his bands after deducting all actual and necessary expenses the same commissions as are now allowed by law to executors or administrators, but he shall receive no salary for his services. He shall have the prior right and authority to collect, take charge of and administer upon the goods, chattels, personal property and debts of persons dying intestate, and for that purpose to maintain suits as such public administrator, as any executor or administrator might by law in the following cases: 1. Whenever such person dies leaving any assets or effects in the county of Kings, and there is no widow, husband or next of kin entitled to a distributive share in the estate of such intestate, resident in the State, entitled, competent or willing to take out letters of administration on such estate, 2. Whenever assets or effects of any person dying intestate, after his death, come into the county of Kings and there is no such person entitled, competent or willing to take administration of the estate, In such cases intestacy is pre sumed until a will is proved and letters testamentary issued thereon. All provisions of law conferring jurisdiction, authority or power on, or otherwise relating to, the office of public administrator of the city of New York and to the office of public administrator in the several counties of the state, so far as applicable, apply to and are conferred on the office hereby created. The surrogate of the county of Kings, in cases where now authorized by law to issue letters of temporary administration, may in his discretion issue letters of temporary administration to such administrator without further security than required by this section. § 2670. [Am'd 1893.] On the application of a creditor, or a person interested in the estate, the surrogate may, in his discretion, issue to one or more persons competent and qualified to serve as executors, letters of temporary adminis、 tration, in either of the following cases: 1. Where delay necessarily occurs in the granting of letters testamentary or letters of administration, in consequence of a contest arising on an application therefor, or for probate of a will, or in consequence of the absence from the State of an executor named in the will; or for any other cause. 2. Where a person, of whose estate the surrogate would have jurisdiction, if he was shown to be dead, disappears or is missing, so that after diligent search, his abode can not be ascertained, and under circumstances which afford reasonable ground to believe either that he is dead, or that he has become a lunatic or that he has been secreted, confined, or otherwise unlawfully made away with; and the appointment of a temporary administrator is necessary for the protection of his property, and the rights of creditors, or of those who will be interested in the estate, if it is found that he is dead. An appointment of a temporary administrator in a case specified in subdivision first must be made by an order. At least ten days' notice of the application for such an order must be given to each party to the proceeding, who has appeared, unless the surrogate is satisfied by proof that the safety of the estate requires the notice to be shortened, in which case he may shorten the time of service to not less than two days. Application for such an appointment, in a case specified in subdivision second must be made by petition, in like manner as where an application is made for administration, in case of intestacy; and the proceedings are the same as prescribed in article fourth of this title, relating 1 Dem. 2. 14 Week. Dig. 92. 32 Hun, 318. to such last-mentioned application. Such an application for the appointment of a temporary administrator may also be made, with like effect, and in like manner, as if made by a creditor, by the county treasurer of the county where the person whose estate is in question, last resided; or, if he was not a resident of the State, of the county where any of his property, real or personal, is situated. A temporary administrator must qualify as prescribed in article fourth of this title, with respect to an administrator-in-chief. $ 2671. [Apparently superseded by § 2670.] § 2672. [Am'd 1881.] A temporary administrator, appointed as prescribed in this article, has authority to take into his possession personal property; to secure and preserve it; and to collect choses in action; and, for either of these purposes, he may maintain any action or special proceeding. An action may be maintained against him, by leave of the surrogate, upon a debt of the decedent, or of the absentee whom he represents, in like manner and with like effect as if he was an administrator-in-chief. The surrogate may, by an order made upon at least ten days' notice to all the parties who have appeared in the special proceeding, authorize the temporary administrator to sell, after appraisal, such personal property, specifying it, of the decedent, or of the absentee whom he represents, as it ap pears to be necessary to sell, for the benefit of the estate; or, if it appears that the safety of the estate requires the notice to be shortened, the surrogate may shorten the notice to not less than two days. The surrogate may, also, by order, authorize him to pay funeral expenses, or any expenses of the administration of his trust, or stenographer's or referee's fees on contest of a will or administration; and he may also direct the payment of a legacy or other pecuniary provision under a will or a distributive share or just proportionate part thereof, according to section two thousand seven hundred and nineteen of this act as though he were an executor or administrator. § 2673.* After six months have elapsed, since letters were issued to a temporary administrator, appointed upon the estate, of either a decedent or an absentee, he has the * See L 1890, c. 456. same power, as an administrator in chief, to publish a notice requiring creditors of the decedent or absentee, to exhibit their demands to him. The publication thereof has the same effect, with respect to the temporary administrator, and also an executor or administrator, subsequently appointed upon the same estate, as if the temporary administrator was the executor or an administrator in chief, and the person to whom the subsequent letters are issued was his successor. § 2674. After a year has elapsed, since letters were issued to a temporary administrator, appointed upon the estate, of either a decedent or an absentee, the surrogate may, upon the application of a temporary administrator, and upon proof, to his satisfaction, that the assets exceed the debts, make an order, permitting the applicant to pay the whole or any part of a debt, due to a creditor of a decedent or absentee; or, upon the petition of such a creditor, he may issue a citation to the temporary administrator, requiring him to show cause why he should not pay the petitioner's debt. When such a petition is presented, the proceedings are, in all respects, the same as where a creditor presents a petition, praying for a decree directing an executor or administrator to pay his debt, as prescribed in article first of title fourth of this chapter. § 2675. Where a temporary administrator is appointed, 1 Dem. 52 in consequence of a contest respecting a will of real property, the order appointing him may confer upon him authority to take possession of real property, in the same or another county, which is affected by the will, and to receive the rents and profits thereof. The surrogate may, by an order, confer upou him authority to lease any or all of the real property, for a term not exceeding one year; or to do any other act with respect thereto, except to sell it, which is, in the surrogate's opinion, necessary for the execution of the will, or the preservation or benefit of the real property. For either of these purposes, he may maintain or defend any action or special proceeding. § 2676. A temporary administrator, appointed upon the estate of an absentee, has all the powers and authority enumerated in the last section, with respect to the real property of the absentee. His acts, done in pursuance of that authority, bind the absentee, if he is living, or his heir or devisee, if he is dead, in the same manner as the acts of an executor or administrator bind his successor. § 2677. Upon proof, satisfactory to the surrogate, that the wife or any infant child of an absentee, upon whose estate a temporary administrator has been appointed, is in such circumstances, as to require provision to be made out of the estate for his or her ma france, clothing, or education, the surrogate m directing the temporary administrator ion therefor, § 1200, Consol. Act. § 1201, Consol. Act. as the surrogate deems proper, out of any personal property § 2678. [Am'd 1883.] A temporary administrator, ap- § 2679. If a temporary administrator neglects to make a deposit, as prescribed in the last section, within the time therein limited, the surrogate must, upon the application of a creditor or person interested in the estate, accompanied with satisfactory proof of the neglect, make an order, directing him to do so forthwith, or to show cause why a warrant of attachment should not issue against him. In the Cour ty of New York, the order must be made returnable three days after issuing it; and it must be served upon the temporary administrator, at least two days before the return day thereof, either personally or by leaving a copy thereof within the State, at his dwelling place, or his office for the regular transaction of business in person; or, if it cannot be served in either of those methods, by serving it in such other manner, as the surrogate directs. In any other county, it must be made returnable within a reasonable time, not exceeding fifteen days after issuing it; and it must be served, in like manner, at least ten days before the return day thereof. § 2680. Money deposited by a temporary administrator, as prescribed in this article, cannot be withdrawn, except upon the order of the surrogate, a certified copy of which must be presented to the depository. Such an order may be made upon two days' notice of the application therefor, given to all the parties to the special proceeding, in which the temporary administrator was appointed, who appeared therein; but not otherwise. § 2681. A notice required to be given, as prescribed in this article, to a party other than the temporary administrator, must be served upon the attorney of the party to T 8 ព S |