counselor-at-law of this state, and shall have rendered legal services in connection with his official duties, such compensation for such legal services as shall appear to the surrogate to be just and reasonable; and in addition thereto the surrogate must allow to such executor, administrator, guardian or testamentary trustee for his services in such official capacity, and if there be more than one, apportion among them according to the services rendered by them respectively: For receiving and paying out all sums of money not exceeding one thousand dollars, at the rate of five per centum. For receiving and paying out any additional sums not amounting to more than ten thousand dollars, at the rate of two and one-half per centum. For all sums above eleven thousand dollars, at the rate of one per centum. The value of any real or personal property, to be determined in such manner as the surrogate may direct,1 and the increment thereof, received, distributed or delivered, shall be considered as money in making computation of commissions. But this shall not apply in case of a specific legacy or devise. If an executor acting as trustee, or if a trustee or guardian, is required to receive income and pay over the same, and such executor, trustee or guardian pays over said income and renders an annual account to the beneficiary of all his receipts and disbursements on account thereof, he shall be allowed, and may retain, the same commission on the amount so accounted for as he would be allowed upon principal on a judicial settlement; if he does not render such annual account, he shall be allowed, upon his judicial settlement, his commissions upon the total income from any money or property then payable to such beneficiary. If the gross value of the principal of the estate or fund accounted for amounts to one hundred thousand dollars or more, each executor, administrator, guardian or testamentary trustee is entitled to the full compensation on principal and income allowed herein to a sole executor, administrator, guardian or testamentary trustee, unless there are more than three, in which case the compensation to which three would be entitled must be apportioned among them according to the services rendered by them, respectively. Where the will provides a specific compensation to an 1 Words "to be determined in such manner as the surrogate may direct," new. executor, administrator, testamentary guardian or trustee, he is not entitled to any allowance for his services, unless by a written instrument filed with the surrogate, within four months from the date of his letters, or in the case of a testamentary trustee or guardian, from the date of his filing his oath, he renounces the specific compensation. Where successive or different letters are issued to the same person on the estate of the same decedent, including a case where letters testamentary or letters of general administration, are issued to a person who has been previously appointed a temporary administrator, he is entitled to compensation in one capacity only, at his election, except that where he has received compensation in one capacity he is entitled to the excess, if any, of the compensation allowed by law, above the sum which he has already received in the other capacity. § 2. This act shall take effect September first, nineteen hundred In effect and nineteen, Sept. 1, 1919. Chap. 280. AN ACT to amend the code of civil procedure, in relation to the place where court is to be held by a justice of the peace when a resident of an incorporated village. Became a law May 3, 1919, with the approval of the Governor. Passed, threefifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section twenty-eight hundred and sixty-eight of the 2008 code of civil procedure is hereby amended to read as follows: § 2868. Justices to hold court; general powers. A justice of the peace must hold, within his town or city, a court for the trial of any action or special proceeding, of which he has jurisdiction, brought before him, excepting that a justice who is a resident of an incorporated village located in two or more adjoining towns, may hold court for the trial of actions in any part of such incorporated village; 1 but such a court shall not be held in a room in any part of which trafficking in liquors is authorized or in any adjoining room. He must hear, try and determine the same according to 1 am uded. In effect Sept. 1, 1919. law and equity, and for that purpose, where special provision is not otherwise made by law, the court is vested with all the necessary powers possessed by the supreme court. 2. This act shall take effect September first, nineteen hundred and nineteen. $379 amended. In effect Sept. 1, 1919. Chap. 281. AN ACT to amend the code of civil procedure, in relation to limitation of action to redeem from a mortgage. Became a law May 3, 1919, with the approval of the Governor. Passed, threefifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section three hundred and seventy-nine of the code of civil procedure is hereby amended to read as follows: $379. Limitation of action to redeem from a mortgage. An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained. $2. This act shall take effect September first, nineteen hundred and nineteen. 8543 amended. Chap. 282. AN ACT to amend the code of criminal procedure, in relation to modification of sentence on appeal. Became a law May 3, 1919, with the approval of the Governor. Passed, threefifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section five hundred and forty-three of the code of criminal procedure is hereby amended to read as follows: 1 Words " an adverse" omitted. $543. May reverse, affirm or modify the judgment, or sentence 1 and order a new trial, and on affirmance of capital conviction fix the time for the execution of the sentence. Upon hearing the appeal the appellate court may, in cases where an erroneous judgment has been entered upon a lawful verdict, or finding of fact, correct the judgment to conform to the judgment of finding; in all other cases they must either reverse or affirm the judg ment appealed from or reduce the sentence imposed to a sentence not lighter than the minimum penalty provided by law for the offense of which the defendant or defendants have been convicted 2 and in cases of reversal, may, if necessary or proper, order a new trial. If the judgment of death is affirmed, the court of appeals, by an order under its seal, signed by a majority of the judges, shall fix the week during which the original sentence of death shall be executed, and such order shall be sufficient authority to the agent and warden of any state prison for the execution of the prisoner at the time therein specified, and the agent and warden must execute the judgment accordingly. 2 § 2. This act shall take effect September first, nineteen hun- In effect dred and nineteen. Sept. 1, 1919. Chap. 283. AN ACT to amend the code of criminal procedure, in relation to the compensation of counsel. Became a law May 3, 1919, with the approval of the Governor. Passed, threefifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section three hundred and eight of the code of ₺ 308 criminal procedure as amended by chapter two hundred and forty amended. two of the laws of nineteen hundred and eighteen is hereby amended to read as follows: $308. Defendant appearing for arraignment without counsel to be informed of his right to counsel. If the defendant appear 1 Words" 2 Words 66 99 or reduce the sentence imposed to a sentence not lighter than the minimum penalty provided by law for the offense of which the defendant or defendants have been convicted," new. In effect Sept. 1, 1919. for arraignment without counsel, he must be asked if he desire the aid of counsel, and if he does the court must assign counsel. When services are rendered by counsel in pursuance of such assignment in a case where the offense charged in the indictment is punishable by death or on an appeal from a judgment of death, the court in which the defendant is tried or the action or indictment is otherwise disposed of, or by which the appeal is finally determined, or the court in which an action is suspended or dis-* continued or otherwise disposed of on the ground that the defendant has been declared incompetent by a duly appointed commission,1 may allow such counsel his personal and incidental expenses upon a verified statement thereof being filed with the clerk of such court, and also reasonable compensation for his services in such court, not exceeding the sum of five hundred dollars. In any case in which experts may be employed as witnesses and in case it shall appear to the satisfaction of the court or a judge thereof that the defendant is not financially able to employ experts, the court to which the indictment is presented or sent or removed for trial or a judge or justice thereof may direct the employment of expert witnesses for the defendant in number not exceeding the number sworn or to be sworn for the prosecution at an expense in the aggregate of not exceeding the sum of five hundred dollars. Allowances under this section shall be a charge upon the county in which the indictment in the action is found, to be paid out of the court fund, upon the certificate of the judge or justice presiding at the trial or otherwise disposing of the indictment, or upon the certificate of the appellate court, but no such allowance shall be made unless an affidavit is filed with the clerk of the county by or on behalf of the defendant, showing that he is wholly destitute of means. 2. This act shall take effect September first, nineteen hundred and nineteen. 1 Words " or the court in which an action is suspended or discontinued or otherwise disposed of on the ground that the defendant has been declared incompetent by a duly appointed commission," new. |