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THE PUBLIC ADMINISTRATOR IN THE CITY OF

NEW-YORK.

As this work is intended to present the whole ecclesiastical law, the author deems it his duty to insert that part of the statutes, which relates to the public administrator in the city of New-York. It is as follows:

The mayor, aldermen and commonalty of the city of NewYork, in common council convened, from time to time, and as often as a vacancy in the office shall occur, may appoint a competent person to be the public administrator in the city of New-York, who shall hold his office during the pleasure of the said common council.

Before entering upon the duties of his office, the person so appointed shall take the oath, prescribed by the constitution, and shall execute a bond, with such sureties as shall be approved by the mayor or recorder of the said city, to the mayor, aldermen and commonalty thereof, in the penal sum of ten thousand dollars, conditioned for the faithful discharge of all duties enjoined on him by law, and particularly, that he will account for, and pay over, all monies and property, that may come to his hands as such administrator, according to law.

The public administrator shall retain a commission, over and above all expenses, upon all monies that shall come into his hands, at the rate of five dollars upon the hundred dollars, upon all sums received from any one estate, not exceeding two thousand five hundred dollars; and upon all sums so received, exceeding that sum, at the rate of two dollars and fifty cents upon every hundred dollars; which sums may be so retained in preference to any debts or claims, excepting

funeral charges. The monies so retained shall be accounted for, and paid by him, into the treasury of the city of NewYork. He shall be allowed and paid quarterly, such salary for his services, as the common council of the city shall prescribe, not less than one thousand two hundred and fifty dollars annually.

In the right of his office, he shall have authority to collect and take charge of the goods, chattels, personal estate, and debts, of persons dying intestate, and for that purpose, to maintain suits as public administrator, as any executor might by law, in the following cases:

1. Whenever any person shall die intestate, either within this state or out of it, leaving any goods, chattels, or effects within the city and county of New-York.

2. Whenever any goods, chattels, or effects of any person who shall have died intestate, shall arrive within the said city and county, after his death.

3. Whenever any person, coming from any place out of this state in a vessel bound to the port of New-York, and arriving at the quarantine, near the city of New-York, shall there die intestate, and shall leave any effects either at the said quarantine or in the city of New-York, or elsewhere.

4. Whenever any effects of any such person so arriving and dying intestate at the said quarantine, shall, after his death, arrive either at the said quarantine or within the city of New-York.

5. Whenever any person, coming from any place out of this state in a vessel bound to the port of New-York, shall die intestate on his passage, and any of his effects shall arrive at the said quarantine.

In all the preceding cases, intestacy shall be presumed until a will shall be proved, and letters testamentary be granted thereon.

Whenever there shall be any widow, or next of kin of any such intestate, entitled to a distributive share in his estate, residing in the city of New-York at the time of his death, the public administrator, upon receiving notice of such fact,

shall not have any authority to interefere with the effects of the deceased, until he shall have obtained an order from the surrogate of the city and county of New-York to take charge thereof.

Such order may be granted by the surrogate, upon the application of the public administrator, and upon due proof being made to him by affidavit, that the effects of the deceased are in danger of waste or embezzlement, or that for any other reason, it would be for the benefit of the estate to have the same, or any part thereof, seized and secured.

Whenever, in any of the cases in which the public administrator is authorised to take charge of the effects of any intestate, any goods, chattels, credits or effects of the deceased, or of which he had possession at the time of his death, or within twenty days previous thereto, shall not have been deliv ered to the public administrator, nor accounted for, satisfactorily, by the persons who were about the deceased in his last sickness, or in whose hands the effects of the deceased, or any of them, may be supposed at any time to have fallen, the public administrator may institute an inquiry concerning the same; and upon satisfying the surrogate of the city and county of New-York, by affidavit, that there are reasonable grounds for suspecting that any such effects are concealed or withheld, he shall be entitled to a subpoena to be issued by the surrogate under his seal of office, to such persons as the said public administrator shall designate, requiring them to appear before such surrogate, at the time and place therein to be specified, for the purpose of being examined, touching the estate and effects of the deceased.

If the surrogate be absent from the city of New-York, such application for a subpoena, may be made to the circuit judge of the first circuit, to the first judge of the court of common pleas of the said city and county, or to the mayor or recorder of the said city, either of whom is hereby authorised to issue such subpoena, under his hand and private seal in the same manner as the surrogate.

Such subpoena shall be served in the same manner as in

civil causes, and if any person shall refuse or neglect to obey the same, or shall refuse to answer touching the matters hereinafter specified, he shall be attached and committed to prison, by the said surrogate or other officer so issuing such subpoena, in the same manner as for disobedience of any citation or subpoena, issued by a surrogate in any case within his jurisdiction.

Upon the appearance of any person so subpoenaed before such surrogate or other officer, he shall be sworn, truly to answer all questions concerning the estate and effects of the deceased, and shall be examined fully and at large, by the public administrator, in relation to the said effects.

If upon any inquiry, it shall appear to the officer conducting the same, that any effects of the deceased are concealed or withheld, and the person having the possession of such property, shall not give the security by law required, for the delivery of the same, such officer shall issue his warrant, directed to the sheriff, marshals and constables of the city or county, where such effects may be, commanding them to search for and seize, the said effects, and for that purpose, if necessary, to break open any house in the day time, and to deliver the said property so seized, to the public administrator, which warrant shall be obeyed by the officers to whom the same shall be directed and delivered, in the same manner, as the process of a court of record.

But such warrant shall not be issued to seize any property, if the person in whose possession such property may be, or any one in his behalf, shall execute a bond, with such sureties, and in such penalty as shall be approved by the surrogate, or other officer, acting in his place, to the public administrator in the city of New-York, conditioned that such obligors will account for and pay to the said public administrator, the full value of the property so claimed and withheld, (and which shall be enumerated in the said condittion,) whenever it shall be determined in any suit to be brought by the public administrator, that the said property belongs to the estate of any de

ceased person, which the administrator has, by law, authority to collect and preserve.

Whenever any effects of a deceased person, of which the public administrator is authorised to take charge, shall be at the quarantine at the time of the death of such person, or shall arrive there afterwards, it shall be the duty of the health officer, or his deputy, whichever shall be present, to secure the said effects from waste and embezzlement, and immediately to give information of such effects to the public administrator, to cause an inventory or account thereof to be taken, and to deliver the same to the said public administrator, unless the said property be of such a description as ought not to be removed, or may be ordered to be destroyed under the laws concerning the public health.

If any property taken into the charge of the public administrator, shall be in a perishing condition, he may immediately sell the same at public auction, on obtaining an order for that purpose from the surrogate of New-York, which shall be granted on due proof of the fact.

If the property of any intestate, of which the public administrator is authorised to take charge, shall exceed in value the sum of one hundred dollars, he shall immediately give notice of his intention to apply to the surrogate of NewYork, for letters of administration upon the estate of such intestate, specifying the time and place when such application will be made.

Such notice shall be served personally on the widow and the relatives of the intestate entitled to any share in his estate, if there be any to be found in the city of New-York, at least thirty days before the time therein specified. If there be none to be found in the said city, and in all cases where the notice shall not have been personally served, it shall be published at least twice in each week, for four weeks, in some newspaper printed in the city of New-York.

At the time specified in such notice, any person interested in the estate of the deceased, may appear and contest the granting of letters of administration to the public adminis