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Disputed handwritings (L. 1880, ch. 36), S 1. person or his representative. În cities of the second class the duties of said commissioner may be performed by the mayor, or an officer appointed by him. Any violation of the provisions of this act shall constitute a misdemeanor punishable by a fine or not more than two hundred and fifty dollars or imprisonment for not more than one year, except as provided in section two, and the commissioner shall institute criminal proceedings for its enforcement before any court of competent jurisdiction.
§ 9. Repealing.– All acts and parts of acts relating to employment agencies in cities of the first and second class, inconsistent with this act, are hereby repealed, except the provisions of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven known as the labor law.
§ 10. When in effect.- This act shall take effect on May first, nineteen hundred and four.
Town meetings in. See Towns. L. 1903, ch. 532. An act to provide for the filing transcripts of minutes taken by the stenographer of the county Court of Erie county, in certain cases, and prescribe the fees therefor.
L. 1880, ch. 36, § 1. Comparison of disputed writings. (C. & G. Gen. Laws, p. 1382.)
Disputed writing; proof of genuineness; constitutionality.- The disputed writing with which comparison is permitted by this section is any writing which a party upon the trial seeks to prove as the genuine handwriting of any person and which is not admitted to be such, provided that the writing is not otherwise incompetent. The genuineness of the writing must in civil cases be established by a fair preponderance of evidence and in criminal causes beyond a reasonable doubt. The constitutional guarantee of the right to trial by jury is not infringed upon by the provisions of this act authorizing comparison of a disputed writing with any writing “ proved to the satisfaction of the court to be genuine."
Executive Law (L. 1892. ch. 683), SS 26, 32. Rule of establishing genuineness of standards of comparison stated. People v. Molineux, 168 N. Y. 264.
What constitutes writings.- Where upon the probate of a will the question arose as to whether the testator's signature to the will had been canceled by him by fourteen nearly perpendicular marks drawn across the letters of his signature, the testimony of an expert is not admissible to determine whether such marks were made by the same person who wrote the signature to the will. Such marks are not “ writings ” within the meaning of the above statute, permitting the comparison of writings by experts. Matter of Hopkins, 172 N. Y. 360, rev'g 73 App. Div. 559, 77 N. Y. Supp. 178.
Standard of comparison.— To justify the court in allowing evidence of a comparison between two signatures the standard must be proved to the satisfaction of the court to have been the genuine writing of the person claimed to have executed it. The question as to the genuineness of the standard is a question of fact for the court, and consequently its refusal to allow an expert to answer a question propounded to him based upon such a standard was not error. Farrell v. Manhattan Ry. Co., 83 App. Div. 393, 82 N. Y. Supp. 334.
Cross-examination of expert in bandwriting; submitting spurious signatures.- Where an expert in handwriting testified that in his opinion the signatures and disputed papers were genuine, it is competent upon his cross-examination to submit spurious signatures to the witness and ask him if he had not, upon a previous trial, without comparing such spurious signatures with genuine signatures in evidence, pronounced them genuine and sworn that they were written by the same hand that had written the signatures proved to be genuine. Hoag v. Wright, 174 N. Y. 37, rev'g 69 App. Div. 381, 74 N. Y. Supp. 1069.
EXECUTIVE LAW AND STATE OFFICERS. (1) Amendments to Executive Law....... (2) Notaries and commissioners of deeds...
.......... 287 (1) The Executive Law. (L. 1892, ch. 683.) § 26. Fees of secretary of state. Subdivision 4 amended and subdivision 16 added by L. 1904, ch. 26, in effect March 1, 1904, as follows:
Subd. 4. For a certified or exemplified copy of any law, record or paper, fifteen cents per folio, and one dollar additional for a certificate under seal of his office.
Subd. 16. For registering a trade mark, name, brand, device or label, in pursuance of law, for the registry of which no other fee is exacted, one dollar.
§ 32. Fees of comptroller. Subdivision 6 added by L. 1903, ch. 603, in effect May 15, 1903, as follows:
Executive Law (L. 1892, ch. 683), 88 52, 82. 6. For searching the records in his office, on request, fifteen cents for the first book examined, and ten cents for each subsequent book.
§ 52. General duties of attorney-general. Subdivision 7 added by L. 1904, ch. 179, in effect March 30, 1904, as follows:
7. He may, on behalf of the state, agree upon a case containing a statement of the facts and submit a controversy for decision to a court of record which would have jurisdiction of an action brought on the same case, pursuant to the provisions of article two of chapter eleven of title two of the code of civil procedure of the state of New York. He may agree that a referee, to be appointed in an action to which the state is a party, shall receive such compensation at such rate per day as the court in the order of reference may specify. He may with the approval of the governor retain counsel to recover moneys or property belonging to the state, or to the possession of which the state is entitled, upon an agreement that such counsel shall receive reasonable compensation, to be fixed by the attorney-general, out of the property recovered, and not otherwise.
§ 82. Notary public acting in more than one county. (C. & G. Gen. Laws, p. 1412.)
Official acts of de facto notary.- Where a notary public appointed for the county of Kings, desiring to exercise his official functions in the county of New York, fails to set forth in the certificate filed by him pursuant to the above section that he had qualified as a notary in the county of Kings, will not render his official act in taking an affidavit in the county of New York a nullity. Schiff v. Leipziger, 65 App. Div. 33, 72 N. Y. Supp. 513.
(2) Notaries public and commissioners of deeds. L. 1902, ch. 86. An act to legalize and confirm certain acts of notaries public. [In effect March 5, 1902.]
Section 1. The acts of any notary public appointed for any county in the state, such notary having theretofore filed a certifieate, pursuant to section eighty-two of chapter six hundred and eighty-three of the laws of eighteen hundred and ninety-two, entitled “ An act in relation to executive officers, constituting chapter nine of the general laws," as amended by chapter two hundred and forty-eight of the laws of eighteen hundred and ninety-three, and Actions by and against (R. S. pt. 3, tit. 3), $ 1.
chapter eighty-eight of the laws of eighteen hundred and ninetyfour and chapter six hundred and fifty-seven of the laws of nineteen hundred and one, with the clerk of another county than that for which he was appointed, are hereby validated and confirmed, notwithstanding the omission to set forth in such certificate the fact of his qualification as such notary public. L. 1904, ch. 288. An act to legalize and confirm the official acts of various notaries public and commissioners of deeds, done and performed in the state after the expiration of their several and respective terms of office, or after their failure to take and file their respective oaths of office or otherwise qualify according to law, between the first day of January nineteen hundred and two and March twenty-fifth nineteen hundred four. [In effect April 13, 1904.)
Section 1. The official acts of all notaries public and commissioners of deeds of this state done and performed in the state of New York, in good faith, after their respective terms of office had expired or after appointment to office after failure to take or file their respective oaths of office, or otherwise qualify according to law, between the first day of January, nineteen hundred and two, and the twenty-fifth day of March, nineteen hundred and four, are each and every of them hereby legalized and confirmed and made as valid and binding in all respects as though said notaries public and commissioners of deeds and each of them had been legally qualified and authorized to do and perform such official aets. But nothing herein contained shall effect* any action or proceeding now pending in any court.
EXECUTORS AND ADMINISTRATORS.
Actions by and against. R. S. Pt. 3, Tit. 3, § 1. Actions for wrongs. (C. & G. Gen. Laws, p. 1426.)
Action for unlawful acts of president of a bank.-- An action by a bank against the president thereof, to recover damages caused by the unlawful, imprudent and negligent loaning of moneys by the president upon unmarketable and valueless securities, is an action for a wrong done to the property rights and interests of the plaintiff, and in the event of the death of the president of the bank the cause of action will survive against his executors or administrators under the provisions of this section. It is not essential that the wrongdoer should by the wrongful act have derived advantage to himself or acquired specific property by
* So in original.
Firemen convicted of felony (L. 1903, ch. 427), § 1. which, or by the proceeds of which, the assets in the hands of his executors or administrators were increased. Seventeenth Ward Bank v. Webster, 67 App. Div. 228, 73 N. Y. Supp. 648.
Survival of action against dissolved corporation.-- This and the following section of the revised statutes cannot be so construed as to authorize the continuance of certain actions against a dissolved corporation. Shayne v. Eve, Post Pub. Co., 168 N. Y. 70, rev'g 56 App. Div. 426, 67 N. Y. Supp. 937.
Compromise of debts. L. 1847, ch. 80, § 1. Compromise or sale of debts or claims by executors, etc. (C. & G. Gen. Laws, p. 1428.)
Order of Surrogate's Court enforcing an executory agreement by an executor to pay a specified sum in compromise and satisfaction of a judgment recovered against his testator is not sustainable upon the theory that the action of the executor in making the agreement was a compromise, pursuant to the authority of L. 1893, ch. 100, amending the above act. Matter of Bronson, 69 App. Div. 487, 74 N. Y. Supp. 1052.
Public Administrator in New York. L. 1898. ch. 230, § 4, subd. 2. (C. & G. Gen. Laws, p. 1431.) Jurisdiction over assets of decedent.— The provision of the above act authorizing the public administrator of the city of New York to administer the property of a person who has died intestate when any “goods, chattels, or effects” of any such person " shall arrive ” within the county of New York, refers to assets which have “ arrived” in the state in good faith, in due course of business, and not for the avowed object of securing a resident plaintiff who can prosecute a negligence action against a foreign corporation. Hoes v. N. Y., N. H. & H. R. R. Co., 173 N. Y. 435, rev'g 73 App. Div. 363, 77 N. Y. Supp. 117.
FIREMEN. L. 1903, ch. 427. An act permitting membership in a fire department
of persons who have been convicted of felony, et cetera. (In effect May 7, 1903.]
§ 1. Effect of conviction of felony when under eighteen.If any person has ever been convicted of felony while under the