For all sums of above ten thousand dollars at the rate of one dollar per cent. And, in all cases, such allowance shall be made for their actual and necessary expenses as shall appear just and reasonable. But if the personal estate of the testator or intestate shall amount in value to not less than one hundred thousand dollars, over and above all debts and liabilities of the testator and intestate, and there shall be more than one executor and administrator, then, instead of apportioning the compensation herein before mentioned among such executors or administrators, each and every of such executors or administrators shall be entitled to, and shall be allowed, the full amount of compensation to which he would have been entitled, by the provisions of this act, if he had been sole executor or administrator; provided, however, that the whole amount of the compensation of such executors or administrators shall not exceed what would be, by the provisions hereof, paid to three executors or three administrators; and that if there shall be more than three executors or administrators, then, what would be the compensation of three executors or three administrators shall be divided among them, all the executors or administrators, in equal shares, and there shall also be allowed on each settlement, such sum for counsel fee thereon, and preparing therefor, as to said surrogate shall seem reasonable, not exceeding the sum of ten dollars for each day engaged therein.

Ante, vol. 2, p. 95.

of clerk of

$9. Any clerk employed in any surrogate's court, whom Authority said surrogate shall, in writing, designate by order, to be surrogato. filed and recorded in his office, shall have power to certify, under the seal of the surrogate, copies of all orders, decrees, minutes and proceedings required by law to be recorded in the office of the said surrogate's court, and to sign, as clerk to the surrogate's court, all citations and other writs and process now required to be issued therefrom, and to administer oaths and certify the same, for use in said surrogate's court; and the certificate of such clerk, under seal of the surrogate's court, shall entitle any paper so certified to be received in evidence, but no fees for any of such services shall be charged in any case, except as now provided and limited by statute. And the said surrogate, by a like order so to be filed and recorded as aforesaid, may from time to time revoke such designation and appoint some other clerk to have such power.

amended.

$10. Section sixteen of chapter four hundred and thirty- Act of 1847 two of the Session Laws of one thousand eight hundred and forty-seven, entitled "An act in relation to the fees and compensation of certain officers in the city and county of New York," passed December tenth, one thousand eight hundred and forty-seven, is hereby amended by inserting after the words "and no greater sum shall be paid in any one of the said offices," the words "except for the surrogate's office." S11. This act shall take effect immediately.

Proceedings against nonresidents.

Power of receiver to

compromise

CHAP. 372.

AN ACT to amend an act entitled "An act to enforce the responsibility of stockholders in certain banking corporations and associations as prescribed by the constitution, and to provide for the prompt payment of demands against such corporations and associations," passed April fifth, eighteen hundred and forty-nine.

PASSED May 2, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. In case any stockholder of any corporation or association mentioned in the act entitled "An act to enforce the responsibility of stockholders in certain banking corporations and associations, as prescribed by the constitution, and to provide for the prompt payment of demands against such corporations and associations," passed April fifth, eighteen hundred and forty-nine, against whom judgment has been or shall be recovered pursuant to the provisions of the said act, shall not be a resident of this state at the time of the confirmation of the referee's report and apportionment provided by said act, an action may be commenced in the name of the receiver of such corporation or association, or of the assignee of such judgment, for the recovery thereof, with interest, and in such action the order of confirmation of such report and apportionment shall be presumptive evidence of the liability of such stockholder for the amount in and by such report and apportionment found chargeable against him, with the interest thereon.

Ante, vol. 4, p. 154.

$ 2. Such receiver shall have power, under the order of the supreme court of the district in which he shall reside, to comder order of promise and settle with any stockholder of such corporation

holder, un

court.

Stockholder and credit

pose order.

or association, the amount of any judgment which has been or shall be recovered against him as such stockholder, under the provisions of the act hereby amended, upon such terms and conditions as shall be prescribed by such order, and thereupon to discharge such judgment. No such order shall be granted except upon ten days' notice of the application there for to be given to the stockholders and creditors who shal have appeared in the proceeding in which such judgment was recovered, or their attorneys.

3. Such stockholders and creditors, or any of them, may ors may op- appear before the court, on the making of such motion, and When order oppose the same. Nor shall such order be granted unless it to be denied. shall appear that an execution has been issued against the

property of said judgment debtor to the sheriff of the county

where said judgment debtor resides, or has a place of business, or if said judgment debtor do not reside in the state, or is a foreign corporation, to the sheriff of the county where the said order for the confirmation of the report of said referee has been filed, and that said execution has been returned unsatisfied in whole or in part.

Code ap

4. The provisions of chapter two of title nine of part two piled. of the Code of Procedure shall be applicable to judgments against stockholders of such corporations and associations, and which have been or shall be recovered under the provisions of the act hereby amended, and the executions issued thereon, and all the provisions of law for the enforcement and collection of judgments, in civil actions, are hereby made applicable to such judgments and execution.

Ante, vol. 5, p. 83.

may be sold

of judgment

and lien

$5. Such receiver shall have power and authority under an Judgment order of a justice of the supreme court, to sell at public auction any judgment which has been or shall be recovered against such stockholder, after such notice, and upon such terms and conditions as shall be prescribed by such justice. 36. The judgments recovered pursuant to the provisions Demen of the act hereby amended, may be docketed in any county thereof. of this state, upon filing a transcript thereof, and shall thereupon be a lien upon the real estate and chattels real of the persons against whom the same shall have been recovered, situate in any county in which the same shall have been docketed, in the same manner as a judgment recovered in a civil action upon personal service of process, and may be enforced by execution against real and personal property, in the same manner as such judgment.

Action on

57. Such receiver, upon obtaining leave by an order of a judgment justice of the supreme court, after the return of execution unsatisfied upon any judgment recovered pursuant to the provisions of the act, hereby amended, against a stockholder being a non-resident of this state, may bring an action in any court having jurisdiction of the person of such non-resident stockholder, to enforce his liability as such stockholder, and in case any such non-resident stockholder shall have deceased, such action may be brought against his personal representatives. S8. This act shall take effect immediately.

Ante, vol. 4, p. 154; Ante, vol. 5, p. 83.

Return of balance of school moneys by

CHAP. 375.

AN ACT to authorize the superintendent of the Onondaga salt springs to exchange certain lands in Syracuse. PASSED May 2, 1863.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S1. The superintendent of the Onondaga salt springs is hereby authorized, if the commissioners of the land office shall consent thereto, to exchange a small strip of land lying south and westerly of the salt office, in block J, in the city of Syracuse, for a piece of land owned by John W. Barker and Allen Munroe, lying contiguous thereto, in said block.

S2. Whenever the exchange shall be made, according to the first section of this act, and a sufficient deed made to the state for said strip of land, the commissioners of the land office shall issue a patent to said John W. Barker and Allen Munroe, for said land given in exchange.

$ 3. This act shall take effect immediately.

CHAP. 378.

AN ACT to amend the statutes in relation to public instruction.

PASSED May 2, 1863; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. On the first Tuesday of March in each year, the supervisors shall make a return, in writing, to the county treasurer, supervisors for the use of the school commissioners, showing the amount of school moneys in their hands not paid out on the orders of trustees for teachers' wages, nor drawn by them for library purposes, and the districts to which the same stand accredited; and thereafter no more of said moneys shall be paid out by the supervisors, until they shall have received the next certificate of apportionment of school moneys from the school commisssioners, who shall re-apportion such moneys, as hereafter directed.

Forfeiture for neglect.

Apportionment of school

S2. Any supervisor who shall neglect to make the return required in the foregoing section shall, for each offense, forfeit the sum of twenty-five dollars, to be sued for by his successor in office, and the same shall be added by the commissioners to the next annual apportionment of school moneys.

3. The school commissioners shall meet at the county boys by seat, not earlier than the second Tuesday in March, for the purpose of apportioning the school moneys as required by

commis

sloners.

section thirty-one, chapter one hundred and seventy-nine of the Laws of eighteen hundred and fifty-six, and before proceeding to make such apportionment they shall procure from the county treasurer a transcript of the returns of the supervisors, and the gross sum thus found to be in the supervisors' hands shall be added to the moneys next thereafter to be apportioned by the school commissioners, and the several sums shall be charged to the towns in whose supervisors' hands the same shall remain as a partial payment, to which such towns shall be entitled in the new apportionment.

Ante, vol. 3, p. 518.

of sections.

§ 4. The foregoing sections of this act are substituted in Substitution place of section seventeen, chapter four hundred and eighty of the Laws of eighteen hundred and forty-seven, which section is hereby repealed.

Ante, vol. 3, pp. 466, 469.

$5. Section one, chapter one hundred and seventy-two of the Laws of eighteen hundred and forty-seven, as amended by chapter three hundred and eighty-eight of the Laws of eighteen hundred and forty-nine, is hereby amended so as to read as follows:

charges and suits, when

trict.

Whenever, after the final determination of any suit com- Costs, menced by or against any trustee or trustees or other officer expenses of or officers of a school-district, such officer or officers shall paid by dispresent to any regular meeting of the inhabitants of the district an account in writing of all costs, charges and expenses paid by him or them, with the items thereof, and verified by his or their oath or affirmation, and a majority of the voters at such meeting shall so direct, it shall be the duty of the trustees to cause the same to be assessed upon and collected of the taxable property of said district in the same manner as other taxes are by law assessed and collected, and when so collected by an order upon the collector, the same shall be paid over to the officer entitled to receive the same; but this Prohibition. provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent of public instruction.

Ante, vol. 3, p. 461.

36. Section second, chapter one hundred and seventy-two, Laws of eighteen hundred and forty-seven is hereby amended so as to read as follows:

supervisors

ceedings

Whenever any person or persons mentioned in the first Appeal to section of this act, shall have complied with the provisions of and the prosaid section, and the inhabitants shall have refused to direct thereon. the trustees to levy a tax for the payment of the costs, charges and expenses therein mentioned, it shall be lawful for him or them then and there to give notice orally and publicly, that he will appeal to the board of supervisors of the county in which the school-house of said district is located, from the