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may ascertain and direct the payment of such sum out of the proceeds of the property, or the investment thereof and the payment of the income, as may be deemed reasonable and may be acceptable to the person entitled. If no such consent be given the sale or mortgage must be made subject to the right of dower. Before any sum shall be paid or investment made, an effectual release of the right of dower must be made.

§ 1640. When there are several infants owning real estate as tenants in common or joint tenants, they may all be united in one application, but the security of the guardian must be to each severally.

§ 1641. The costs and expenses of the proceedings, not to exceed twenty-five dollars when there is but one infant, and ten dollars for each additional one embraced in the same application, may be paid by the order of the court from the proceeds of the property.

CHAPTER II.

DISCOVERING THE DEATH OF A PERSON ON WHOSE LIFE AN ESTATE DEPENDS.

SECTION 1641. Application to produce person on whose life an estate depends.

1642. Contents of application.

1643. Twenty days' notice to be given.

1644. Proceedings on the hearing.

1645. Costs may be allowed.

1646. An estate recovered on presumption of death. to be restored after

wards, if the person be living.

§ 1641. A person entitled to claim real property, or

the profits thereof, after the death of another who is

entitled to a prior estate, or interest therein, may, once a year, by motion, apply to the supreme court for an order, that the person, upon whose life such prior estate depends, be produced.

§ 1642. The application must be made upon affidavit, showing,

1. The interest of the applicant, in the real property which is the subject of the application, describing it, with the grounds thereof:

2. The belief of the applicant, that the person, upon whose life the prior estate depends, is dead, and that his death is concealed by the party, against whom the application is made.

§ 1643. The motion must be upon previous notice, of at least twenty days, and must be made at a special term, where a motion might be made in an action triable in the county where the real property is situated.

§ 1644. Upon such motion, the court may make an order, requiring the production and proof of the identity of the person, upon whose life the estate depends, and, in default of his production, may require of the party against whom the application is made, proof of his existence, with satisfactory reasons for his absence. Such evidence may be taken in open court, or by reference, or by commission to another state or county, together with any other evidence, which may be necessary to

determine the question of the existence of such person. Such order must then be made declaring the existence or death of the person, as may be in the judgment of the court conformable to the fact. This order is primary evidence of the facts therein determined.

§ 1645. Costs on such application, and the proceedings founded thereon, not to exceed twenty-five dollars, may, in the discretion of the court, be ordered to be paid, by either party, to the other.

§ 1646. An estate, which shall have been recovered upon the presumption or proof of the death of a person, pursuant to this chapter, must be restored to the party from whom it was recovered, or to his heirs, or representatives, with the issues and profits in the meantime, if it be established that such person is living.

CHAPTER III.

THE COLLECTION AND REMISSION OF FINES AND FORFEITURES.

SECTION 1647. Orders imposing fines, how made.

1648. Clerk to deliver copy to sheriff.

1649. Sheriff to collect fine or imprison.

1650. When sheriff liable.

1651. When undertaking in criminal action may be prosecuted.

1652. County court may remit certain fines.

1653. Power to remit fines restricted.

1554. Summary judgment allowed on undertakings.

§ 1647. Every order imposing a fine, except upon conviction for a public offence, must contain a direction that the delinquent be imprisoned until the fine be paid; not to exceed one day for every two dollars of the fine.

§ 1648. The clerk, immediately after the imposition

of a fine, must deliver to the sheriff a certified copy of the order imposing it, and transmit a copy of the same to the treasurer of the county. One order may provide for the collection of all the fines imposed at the same

court.

§ 1649. The sheriff must proceed to collect the fine,s or to imprison the delinquents named in the order, and within sixty days from the time of receiving the copy of the order, must pay over to the county treasurer the fines collected by him, and file his return in the county clerk's office, showing the manner in which he has executed the order, stating the amount paid to the county treasurer, if any. Fines imposed by a city court must be paid into the city treasury.

§ 1650. The sheriff is liable to the county or city for the amount of every fine specified in the order, unless it appear by his return that the person, on whom the fine was imposed, has been arrested, or could not be found. Such liability may be enforced by action in the supreme court or by motion in the county court. The sheriff is liable by action for a false return.

§ 1651. When an undertaking or the condition of a recognisance, in a criminal action, is by any court declared broken, the court in which it is filed, or the county court of the county where it is filed, may order the same to be prosecuted. If judgment be given for the plaintiff in such action, it must be for the penalty or sum specified in the undertaking.

§ 1652. The county court may, except in the cases specified in the next section, remit wholly or partly fines imposed or forfeitures declared by any court in the county, on application and cause shown, and on such terms as may be deemed just. If the fine or forfeiture remitted shall have been paid, the officer in whose hands it may be, must refund the same, or the part thereof remitted, upon an order of the court to that effect.

§ 1653. Fines imposed on conviction of a public offence or for actual contempt of a court, or for disobedience to its orders or process, can only be remitted by the court by which they were imposed, and that on cause shown, upon notice to the district attorney. An undertaking entered into in one county, for the appearance of a person in another, can only be remitted or discharged by the court, in which such person was bound to appear, or by the county court of that county, after the time designated for such appearance, and then only upon notice to the district attorney and on cause shown.

§ 1654. Summary judgment upon an undertaking declared forfeited, may be ordered by the court, without action, on motion of the district attorney, after ten days previous notice to the adverse party, of the application for the forfeiture and for judgment thereon.

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