testamentary or of administration, may apply to the surrogate, either in person or by his guardian, after giving reasonable notice to the executor or administrator, to be allowed to receive such portion of such legacy or share, as may be necessary for his support.

If it appear to the surrogate, that there is at least one third more, of assets, in the hands of such executor or administrator, than will be sufficient to pay all debts, legacies, and claims against the estate, then known, he may, in his discretion, allow such portion of the legacy or distributive share to be advanced, as may be necessary for the support of the person entitled thereto, upon satisfactory bond being executed, for the return of such portion, with interest, whenever required.

The foregoing provisions shall not be applicable to any letters testamentary or of administration, granted to the public administrator in the city of New-York, nor in any respect to the said public administrator,

OF PUBLIC ADMINISTRATORS.

The county treasurer in each of the counties of this state, shall, by virtue of his office, have authority to collect and take charge of the assets of every person dying intestate, where such assets shall amount to one hundred dollars or more, either in his county or out of it, upon which no letters of administration shall have been granted, in the following

cases:

1. Whenever such person shall die, leaving assets in the county of such treasurer, and there shall be no widow or relative in the county, entitled, or competent, to take letters of administration on such estate.

2. Whenever assets of any person so dying intestate, shall, after his death, come into the county of such treasurer, and there shall be no person entitled or competent as aforesaid, to take administration of such estate. But in the county of Richmond, the county treasurer shall not have power to act as public administrator, in those cases in which the public administrator in the city of New-York has jurisdiction

In the above cases, intestacy shall be presumed, until a will shall be proved, and letters testamentary issued thereon.

For the purpose of collecting and preserving the said assets, he may maintain suits in his name of office, and without any other authority, in the same manner as any executor may by law.

Although there may be a widow or relative of any such intestate, entitled to administration on his estate, in the county, yet, if due proof be made to the surrogate of the county, that there are creditors, or relatives of the deceased, residing more than one hundred miles distant from the residence of such surrogate, who are interested in the distribution of the estate,

and that the effects of the deceased are in danger of waste or embezzlement, he may grant an order to the treasurer of the county, authorising him to seize and secure the said effects, or any part thereof; which order shall vest in him, all the powers given in the foregoing provisions.

If any of the effects whereof the county treasurer is authorised to take charge, shall be concealed or withheld, he shall be entitled to the same process from the surrogate or first judge of the county, to discover and seize the same, on the same evidence and on the like terms, as the public administrator in the city of New-York.

Any property that may be in a perishing condition, taken into the charge of such treasurer, may be sold by him at auction, on obtaining an order for that purpose from the surrogate of the county; which shall be granted, on due proof of the fact, and shall specify the time and manner, and the notice of such sale.

Upon taking charge of the property of any intestate, the county treasurer shall cause the same to be appraised by two disinterested appraisers, to be appointed by the surrogate as in other cases.

The said appraisers shall make a just and true inventory of such property, and of the true value of each article; duplicates of which inventory shall be subscribed by them, and verifyed by their affidavits. They shall be allowed the same compensation, as appraisers.

Within ten days after taking charge of any property, as herein authorised; the county treasurer shall return an inventory thereof, signed and verified by the appraisers, to the surrogate of the county, to be by him filed; and shall accompany the same with his affidavit, that the same contains a true and just account of all the effects of the deceased, which have come to his hands or knowledge.

The time for making such return, may, on good cause shown, be extended by the surrogate ten days longer. Any county treasurer who shall neglect to make such return with

in the time above prescribed, or within the time so extended, of all the effects of any deceased person, which shall have come to his hands, shall forfeit five hundred dollars, to be sued for, and recovered, by the county superintendents of the poor, for the use of the poor, and shall forfeit his office.

At the time of making such return, the county treasurer shall give the bond required by law, to be given by any collector of an estate, appointed by a surrogate, with such sureties, and in such penalty, as the surrogate shall approve. The surrogate shall thereupon issue letters to the said county treasurer, authorising him to collect and preserve the estate of the deceased.

Immediately upon the issuing of such letters to collect, the surrogate shall cause notice thereof, to be published once in each week, for three months, in a newspaper printed in his county, and in the state paper, requiring all persons claiming a right to administer on such estate, to appear and interpose such claim before the surrogate, within a certain time therein to be specified, which shall be at least six months after the first publication of such notice in the state paper.

If before the time appointed in such notice, any person so entitled to administration, shall appear and claim the same, the surrogate shall cause ten days notice of such claim, to be served on the collector appointed, and may proceed to grant letters as aforesaid; and therupon the publication of the notice as above specified, shall be discontinued.

At the time appointed, any person entitled to administration on such estate, and duly qualified and competent, who shall appear and claim the same, shall be entitled to letters testamentary or of administration, as the case may be, as in

other cases.

Upon letters testamentary or of administration being so issued, to any person claiming them, all control and authority of the county treasurer, over the estate of the deceased, shall cease, and he shall deliver all the assets in his hands belonging to such estate, to the person so appointed, after

13

deducting therefrom, the expenses incurred in securing and preserving the said assets, in obtaining letters to collect, and in publishing the notice herein required, and a reasonable compensation for his services, not exceeding three dollars for each day necessarily employed, to be allowed and taxed by the surrogate, on the oath of the collector.

If no executor be allowed, and no letters testamentary or of administration be granted by the surrogate, to any person claiming the same as aforesaid, within the time specified in the notice, then, unless it appear that letters testamentary or of administration have already been granted on such estate, by some other surrogate, the surrogate shall grant letters of administration thereon to the county treasurer, as in other cases, upon receiving the like bond, with the like sureties and in the like penalty, as administrators are required to give.

It shall be the duty of the county treasurer to receive and accept such letters of administration, and to give the bond above required.

Such letters of administration, and the record thereof, and a transcript of such record, duly certified, shall be conclusive evidence of the authority of the county treasurer, in all cases in which the surrogate has jurisdiction.

The surrogate shall immediately transmit to the comptroller, a certified copy of all such letters granted by him to the county treasurer; the expense of which copy shall be paid to him out of the state treasury, on the warrant of the comptroller.

Until letters of administration shall be granted as aforesaid, the county treasurer shall not proceed further in the administration of any estate, than to pay the funeral charges of the deceased, to collect debts, to take possession of, and secure, his effects, to sell such thereof as shall be perishable, and to defray the expenses of the proceedings required by law.

The powers and authority of the county treasurer, in relation to the estate of any deceased person, shall be superseded,