Chap. 17. AN ACT authorizing the village of Fulton to repay certain Became a law, February 14, 1901, with the approval of the Governor. The People of the State of New York, represented in Senate and allowance of amount Section 1. The board of water commissioners of the village of Audit and Fulton is hereby authorized to audit and allow the sums of money disbursed by Frederick A. Gage, a water commissioner of said village, in the years eighteen hundred and ninety-nine and nineteen hundred, for the benefit of said village, in negotiating for and purchasing a water plant for said village; for fees of arbitrators; engineering; purchase of lands and springs; estimates of engineers; printing; typewriting; attorneys fees for certifying to validity of bonds; expenses of village officers in executing and delivering bonds together with interest to the date of payment, provided however, that the entire sum so audited and allowed. shall not exceed twenty-five hundred dollars. deficiency § 2. The board of trustees of said village is authorized and di- Tax for rected to include in the annual tax levy the sum so audited by said board of water commissioners provided the revenues of the water department are insufficient to meet the same, and the said board of water commissioners and the clerk thereof is authorized Payment and directed to draw an order to said Frederick A. Gage on the treasurer of said village in payment of the sums as audited by said board of water commissioners and the said treasurer is authorized and directed to pay the same. § 3. This act shall take effect immediately. of audit. Official acts legalized. Proviso. Chap. 18. AN ACT to legalize the official acts of the assessors, board of Became a law, February 14, 1901, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. All official acts of the assessors, board of trustees, and collector, of the village of Attica, in the county of Wyoming, performed during the years eighteen hundred and ninetyeight, eighteen hundred and ninety-nine, and nineteen hundred, in relation to the assessment of property, and the levying and collection of taxes and local assessments in said village, and all taxes and local assessments levied and assessed therein by such assessors, or board of trustees, or under their direction, during said years, are hereby legalized, ratified and confirmed, and declared to be valid and legal, notwithstanding any informalities or illegalities concerning the same, and all such taxes and local assessments shall have the full force, effect and validity as if the same had been legally made as provided by law, and all unpaid taxes and local assessments shall have the same force, effect and validity as if a return thereof had been made by the collector. as provided by law. § 2. Nothing in this act contained shall affect any suit or legal proceeding now pending in any court. § 3. This act shall take effect immediately. Chap. 19. AN ACT to repeal chapter two hundred and thirty-four of the Became a law, February 14, 1901, with the approval of the Governor. The People of the State of New York, represented in Senate and pealed Section 1. Chapter two hundred and thirty-four of the laws of Actre eighteen hundred and seventy-six, entitled "An act in relation to the collection of taxes in the towns of North Hempstead and Oyster Bay in the county of Queens" and each and every act and part of an act amendatory thereof or supplemental thereto is hereby repealed. § 2. This act shall take effect immediately. Chap. 20. AN ACT to amend section twenty-six hundred and seventy of Became a law, February 14, 1901, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section twenty-six hundred and seventy of the code of civil procedure, is hereby amended to read as follows: § 2670. (Amended 1893) When and how temporary administrators may be appointed. 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 administration, in either of the following cases: 1. When for any cause, delay necessarily occurs in the granting of letters testamentary or letters of administration, or in probating a will. 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 cannot 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 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. § 2. This act shall take effect September first, nineteen hun. dred and one. Chap. 21. AN ACT to amend section twenty-six hundred and seventy-five of the code of civil procedure, relative to the powers of a temporary administrator as to real property in surrogate's court. Became a law, February 14, 1901, 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 seventy-five of the code of civil procedure is hereby amended to read as follows: trustee 2675. Id. As to real property.-When a temporary admin. istrator is appointed and a proceeding is pending for the probate of a will of real property, or there is a delay in the granting of letters testamentary or administration on such a will or in the qualification of a named therein, 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 upon 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. § 2. This act shall take effect September first, nineteen hundred and one. |