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Penalty for aiding to es. cape.

"§ 14. Every person who shall by any means whatever, aid and assist any prisoner lawfully detained in a state prison, or in any jail or place of confinement, for a felons, or on a charge for any felony, to escape therefrom, whether such escape

be effected or noi; or who shall forcibly rescue any prisoner held in legal custody upon any criminal charge, shall, upon conviction, be punished by imprisonment in a state prison not exceeding ten years.”

$ 3. The fifteenth section of said article is hereby amended to read as follows:

"§ 15. Every person who, by any means whatever, shall aid or assist any prisoner lawfully committed to any jail or place of confinement, in execution of any conviction, or on a charge, for any criminal offence other than felony, whether such escape be effected or not; or who shall convey into such jail or place of confinement, any disguise, instruinent, arms, or other thing proper or useful to facilitate the escape of any prisoner, with intent to facilitate the escape of any prisoner so committed, whether such escape be effected, or attempted, or not, shall, upon conviction, be punished by imprisonment in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or both such fine and imprisonment."

New check

CHAP. 458. AN ACT for the relief of the president, directors and compony of the New York Stule bank.

Passed May 16, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

$ 1. The treasurer shall issue to " Railroad,” his check to be issued for nine hundred and forty-seven dollars and ninety-eight

cents, being the amount of check number eighty-three, war-
rant nuniber eighty-four, dated the tenth day of Dotober,
one thousand eight hundred and thirty-four, drawn by the
treasurer and countersigned by the comptroller, on the Com-
mercial bank of the city of Albiny, for a debt due from the
state for the services of Benjamin Wright, in surveying the
New-York and Erie rail-road, which check has been lost or
destroyed, the president directors and company of the New-
York State bank being the owners thercot.
§ 2. This act shall take effect immediately.

3. Before issuing such check, thu said-State bank shall demnify the make and deliver to the state treasurer, a satisfactory gua

rantee to indemnify the people of this state against said lost check.

Act to take effect. Bank to in

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CHAP. 459.
AN ACT to incorporate the American society for the dif-
fusion of useful knowledge.

Passed May 16, 1837.
The People of the Stute of New York, represented in Se-
nate and Hssembly, do enuci as follows:

§ 1. James Brown, Thomas De Witt, John Torrey, John Corporation Proudfit, Alonzo Potter, Jacob Abbott, W. Fiske, Bela B. Edwards, Leonard Bacon, Calvin E. Stowe, John L. Blake, Samuel F. B. Morse, Thomas Cock, A. W. Ives, W. Cooper, William A. Tomlinson, John T. Gilchrist, Edward S. Gould, T. R. Green, M. Willett, C. F. Hoffinan, W. Betts, Arthur Bronson, Gorham D. Abbott, and their successors, are hereby constituted a body corporate, by the name of “The American Society for the Diffusion of Useful Knowledge,” for the purpose of advancing the cause of general education, by obtaining and publishing statistics and facts relative to the history, the progress, and the improvements of the school systems of our own and other countries; of promoting associations among professional teachers for purposes of mutual improvement and co-operation; and for the establishment more generally throughout our country of libraries and reading-rooins for popular use; of establishing correspondence with similar institutions in Europe, with a view io procure facilities for promoting by all laudable means, the general interest of literature, education, science and the arts, to be located in the city of New York, with power to take, hold and convey real and personal estate, in fee simple or otherwise; and the same to lease, sell, dispose of and convey, for the better enabling said corporation to carry into effect the objects thereof; but the clear annual income of such real and personal property shall not exceed the sum of seven thousand dollars. The above named persons shall be the first trustees of said corporation, and shall continue in office for the term of one year, and until others are duly appointed in their places.

$ 2. The said corporation shall possess the general pow. General ers and be subject to the liabilities and provisions contained powers. in title third of chapter eighteen of the first part of the Revised Statutes.

cases:

CAP. 460.
AN ACT concerning the proof of wills, executors and ad-

ministrators, guardians and wards, and surrogates'
courts.

Passed May 16, 1837. The People of the State of New-York, represented in Se

nate and Assembly, do enaci as follows: Jurisdictior § 1. The surrogate of each county shall have jurisdiction, of surrogate exclusive of every other surrogate, within the county for over proof ot wills; in which he inay be appointed, to take the proof of last wills enutnerated. and testaments of all deceased persons, in the following

1. Where the testator at, or immediately previous to, his death, was an inhabitant of the county of such surrogate, in whatever place such death may have happened:

2. Where the testator, not being an inhabitant of this state, shall die in the county of such surrogate, leaving assets therein:

3. Where the testator, not being an inhabitant of this state, shall die out of the state, leaving assets in the county of such surrogale:

4. Where a testator, not being an inhabitant of this state, shall die out of the state, not leaving assets therein, but assets of such testator shall thereafter come into the county of such surrogate:

5. Where no surrogate has gained jurisdiction under either of the preceding clauses, and any real estate devised by the testator shall be situated in the county of such surrogate.

$ 2. So much of section seventh, title first, chapter seeta nue to be cond, part third of the Revised Statutes, as requires the

surrogate to record the accounts of administrators, cxccutors and guardians rendered before him, is hereby repealed: but the surrogate shall file said accounts, and shall record, with his decree, a summary statement of the same as the same shall be finally settler and allowed by him, which shall

be referred to and taken as part of the final decree. Surrogate to § 3. Every surrogate shall keep a bcok of fees, which

shall pertain to his office, and be subject to inspection in the same manner that his books of records are, in which he shall enter at length and by items the fees charged and received by him on all proceedings had before him under the name of each intestale or testator.

84. The executor, derisee or legatee named in any last will, or any person interested in the estate, may have such will proved before the proper surrogate.

$ 5. On application to the surrogate, he shall ascertain to be breered by satisfactory evidence, the following facts.

Accounts of

recorded.

keep book of fees.

Who may

have will proved.

What parts

1. If the will relate exclusively to real estate, the names ing will fored

, &c. and places of residence of the heirs of the testator, or that upon diligent inquiry the saine cannot be ascertained:

2. If the will relate exclusively to personal estate, the names and places of residence, of the widow and next of kin of the testator, or that upon diligent inquiry the same cannot be ascertained:

3. If the will relate to both real and personal estate, the names and places of residence of the heirs, widow and next of kin of the testator, or that, upon diligent inquiry, the same cannot be ascertained.

§ 6. The surrogate shall also ascertain whether any and Special which of the persons mentioned in the preceding section be appointed are ininors, and the names and places of residence of their on proof, dt. general guardians, if they have any; and if there shall be no general guardian within this state, the surrogate shall, by an order to be entered, appoint a special guardian for such minor, 10 take care of his interest in the premises; and the written consent of every person so appointed special guardian to serve as such, shall be filed with the surrogate. The testamentary guardian named in the will to be proved, shall not for this purpose be deemed a general guardian.

$ 7. The surrogate shall thereupon issue a citation re- Citation to quiring the proper person, at such time and place as shall proper per be therein mentioned, to appear and attend the probate of manise, the will; the citation shall state who has applied for the proof of the will, and whether it relate exclusively to either real or personal estate, or to both real and personal estate: it shall be directed to the proper persons by name, stating their places of residence, or if any of them are minors, to their guardians by name, stating their places of residence. If the name or place of residence of any person who ought to be cited cannot be ascertained, such fact shall be stated in the citation.

§ 8. The citation shall be served on the persons to whom Manner of it is directed as follows:

rerving cita 1. On such as reside in the same county with the surrogate, or an adjoining county, by delivering a copy to such person, at least eight days before the day appointed for taking the proof; or by leaving a copy at least cight days as aforesaid, at the dwelling-house or other place of residence of such person, with some individual of suitable

age

and discretion, and under such circumstances as shall in luce a reasonable presumption in the mind of the surrogate, that the copy came to the hands or knowledge of the person to be served with it, in time for him to attend the probate of the will:

2. On such as reside in any other county in this state, by delivering a copy personally to such person, or leaving it

naine, &c.

tion.

vice to be

What neces. sary to sta blish will.

at his dwelling house or other place of residence, in the manner and under the circumstances above mentioned, at least fifteen days before the day appointed for taking the proof:

3. On such persons as do not reside in this state, or whose places of residence cannot be ascertained, by publishing a copy of the citation in the state papier for six weeks previous to the day appointed for taking the proof; and by putting in the post-office, directed to such persons whose place of residence is known, at such place of residence, a copy of such

citation, six weeks at least previous to such day. Proof of ser- § 9. Before proceeding to take the proof of any will, the made of do. surrogate shall require satisfactory evidence by affidavit, of

the service of the citation, in the mode prescribed by law. If it has not been duly served on all the persons who ought to receive notice, the surrogate may adjourn the proceeding and issue a further citation for the purpose of bringing in such persons.

§ 10. Upon proof being made of the due service of the citation, the surrogate shall cause the witnesses to be examined before him. All such proofs and examinations shall be reduced to writing. Two at least of the witnesses to such will, if so many are living in this state, and of sound mind, and are not disabled from age, sickness or infirmity from attending, shall be produced and examined; and ihe death, absence, insanity, sickness or other infirmity of any of them, shall be satisfactorily shown to the surrogate taking such proof: the surrogate shall inquire particularly into the facts and circumstances before establishing the same or granting letters testamentary or of administration thereof,

§ 11. In case the proof of any such will is contested, and be examined any person having the right to contest the same shall, be

fore probate made, file with the surrogat a request in writing that all the witnesses to such will shall be examined; then all the witnesses to such will, who are living in this state, and of sound mind, and who are not disabled from age, sickness or infirmity, from attending, shall be produced and examined: and the death, absence, insanity, sickness, or other infirmity of any of them, shall be satisfactorily shown to the surrogate taking such proof,

§ 12. If any such aged, sick or infirm witness reside in the

same county with the surrogate, it shall be the duty of the surrogate, after examining the other witnesses, to proceed without unnecessary delay to the dwelling-house or other place of residence of such witness, and there, in the presence of such persons as may choose to attend, proceed to take the examination of such witness, in the same man. ner, and with the like effect, as though such witness had attended and been examined before the surrogate on the return of the cilation,

When all the witnesses to

Duty of sur. rogate when witness sick.

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