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benefit of the judgment creditor in whose behalf the special proceeding was instituted as follows:
1. Where an order, requiring the judgment debtor to attend and be examined, or a warrant, requiring the sheriff to arrest him and bring him before the judge, has been served, before the appointment of the re ceiver, or the extension of the receivership, the receiver's title extends back, so as to include the personal property of the judgment debtor, at the time of the service of the order or warrant.
2. Where an order or warrant has not been served, as specified in the foregoing subdivision, but an order has been made, requiring a person to attend and be examined, concerning property belonging, or a debt due, to the judgment debtor, the receiver's title extends to the personal property belonging to the judgment debtor, which was in the hands, or under the control, of the person or corporation thus required to attend, at the time of the service of the order; and to a debt then due to him from that person or corporation.
3. In every other case where notice of the application for the appointment of the receiver was given to the judgment debtor, the receiver's title extends to the personal property of the judgment debtor, at the time when the notice was served, either personally or by complying with the requirements of an order, prescribing a substitute for personal service.
4. Where the case is within two or more of the foregoing subdivisions of this section, the rule most favorable to the judgment creditor must be adopted.
5. [Added, 1892.] No person shall be appointed a receiver in this State who is not a resident thereof, nor shall any person continue to act as receiver after he ceases to be a resident thereof, and the judgment creditor may apply to the court or judge that appointed such receiver, within thirty days after said receiver ceases to be a resident of this State, for the appointment of another person in his place, upon such notice to the persons interested as the court or judge may direct. [In effect Sept. 1, 1892.]
But this section does not affect the title of a purchaser in good faith, without notice, and for a valuable consideration; or the payment of a debt in good faith, and without notice.
New Chautauqua Co. Bank v. White, 6 N. Y. 236; Chautauqua Co. Bank v. Risley, 19 id. 369; Campbell e. Genet, 2 Hilt. 290; Caton v. Southwell, 13 Barb. 325; Sands v. Roberts, 8 Abb. Pr. 343; Woodman v. Goodenough, 18 id. 265; Gerregani v. Weelright, 3 Abb. N. S. 264; Atkinson v. Lewine, 11 id. 384; Potter v. Low, 16 How. Pr. 549; Graff v. Bonnett, 25 id. 470.
2470. County clerk to record orders, etc.; penalty for neglect. Each county clerk must keep in his office a book, indexed to the names of the judgment debtors, styled "book of orders appointing receivers of judg ment debtors". A county clerk, in whose office an order
or a certified copy of an order is filed, as prescribed in section 2467 or section 2468 of this act, must imme diately note thereupon the time of filing it, and, as soon as practicable, must record it, in the book so kept by him. He must also, upon request, furnish forthwith to any party or person interested, one or more certified copies thereof. For each omission to comply with any provision of this section, a county clerk forfeits, to the party aggrieved, two hundred and fifty dollars, in ad. dition to all damages sustained by reason of the omission. Code of Proc., 298; see ?? 1247 and 1248, ante.
$2471. Receiver to be subject to control of court.— A receiver, appointed as prescribed in this article, is subject to the direction and control of the court out of which the execution was issued. Where an order has been made, extending a receivership to a special proceeding founded upon a subsequent judgment, the con trol over, and direction of, the receiver, with respect to that judgment, remain in the court to whose control and direction he was originally subject.
Proceedings to compel the delivery of books to a public officer. $ 2471a. Delivery of books and papers, how enforced.-A public officer may demand from any person in whose possession they may be, a delivery to such officer of the books and papers belonging or appertaining to such office. If such demand is refused, such officer may make complaint thereof to any justice of the supreme court of the district, or to the county judge of the county in which the person refusing resides. If such justice or judge be satisfied that such books or papers are withheld, he shall grant an order directing the person refusing to show Cause before him at a time specified therein, why he should not deliver the same. At such time, or at any time to which the matter may be adjourned, on proof of the due service of the order, such justice or judge shall proceed to inquire into the circum. stances. If the person charged with withholding such books or papers makes affidavit before such justice or judge that he has delivered to the officer all books and papers in his custody which, within his knowledge, or to his belief belong or appertain thereto, such proceedings before such justice or judge shall cease, and such person be discharged. If the person complained against shall not make such oath, and it appears that any such books or papers are withheld by him, such justice or judge shall commit him to the county jail until he delivers such books and papers, or is otherwise discharged according to law. On such commitment.such justice or judge, if required by the complainant, shall also issue his warra at directed to any sheriff or constable, commanding him to search, in the daytime, the places designated therein, for such books and papers, and to bring them before such justice or judge. If any such books and papers are brought kefore him by virtue of such warrant, he shall determine whether they appertain to such cffice, and if so shall cause them to be delivered to the complainant.
* Added Laws 1893, ch. 179; in effect March 22, 1893.
SURROGATES' COURTS, AND PROCEEDINGS THEREIN.
OF THE COURT.
SURROGATE, AND THE OFFICERS
II.-PROVISIONS RELATING GENERALLY TO
SURROGATES COURTS, AND TO APPEALS FROM THOSE COURTS.
TERS OF ADMINISTRATION.
TESTAMENTARY, AND LET-
TITLE IV. PROCEEDINGS BY OR AGAINST AN
V.-DISPOSITION OF THE DECEDENT'S REAL
RELATING ΤΟ A TESTA
TITLE VII.-PROVISIONS RELATING TO A GUARDIAN. |
Organization, jurisdiction, and powers of the court. Duties, powers, and disabilities of the surrogate, and the officers of the court. Miscellaneous provisions.
ARTICLE 1. Jurisdiction of the court, and authority of the surrogate. 2. General duties and disabilities of the surrogate, or temporary surrogate.
3. Clerks; stenographers; miscellaneous provisions.
JURISDICTION OF THE COURT, AND AUTHORITY OF THE
SEC. 2472. General Jurisdiction of surrogate's court.
2473. Presumption of jurisdiction.
2474. Jurisdiction not lost by defect in record.
2475. Effect of exercise of jurisdiction.
2476. Exclusive jurisdiction.
2477. Concurrent jurisdiction of two or more surrogates.
2480. Id.; transfer of proceedings to proper county.
2482. This chapter applicable to previous wills, etc.
$2472. General jurisdiction of surrogate's court.Each surrogate must hold, within his county, a court, which has, in addition to the powers conferred upon it, or upon the surrogate, by special provision of law, jurisdiction, as follows:
1. To take the proof of wills; to admit wills to pro bate; to revoke the probate thereof; and to take and revoke probate of heirship.
2. To grant and revoke letters testamentary and let ters of administration, and to appoint a successor in place of a person whose letters have been revoked.
3. To direct and control the conduct, and settle the accounts, of executors, administrators, and testamentary trustees; to remove testamentary trustees, and to appoint a successor in place of a testamentary trustee so removed.
4. To enforce the payment of debts and legacies; the distribution of the estates of decedents; and the payment or delivery, by executors, administrators, and tes
tamentary trustees, of money or other property in their possession, belonging to the estate.
5. To direct the disposition of real property, and interests in real property, of decedents, for the payment of their debts and funeral expenses, and the disposition of the proceeds thereof.
6. To administer justice, in all matters relating to the affairs of decedents, according to the provisions of the statutes relating thereto.
7. To appoint and remove guardians for infants; to compel the payment and delivery by them of money or other property belonging to their wards; and, in the cases specially prescribed by law, to direct and control their conduct, and settle their accounts.
This jurisdiction must be exercised in the cases, and in the manner, prescribed by statute.
2 R. S. 220, 21 (2 Edm. 229). Bevan v. Cooper, 72 N. Y. 316, 328; see, also, L. 1874, ch. 267 (9 Edm. 884); Morgan v. Hannas, 13 Abb. N.S.361; Bricks' Estate, 15 Abb. Pr. 12, 31, 32; Pew v. Hastings, 1 Barb. Ch. 452; Sipperly v. Baucus, 24 N. Y. 46; Dobke v. McClaran, 41 Barb. 191; Camp bell v. Thatcher, 54 id. 382; Kyle v. Kyle, 3 Iun, 458; Kohler v. Knapp, 1 Bradf. 241; Hartnett v. Wandell, 60 N. Y. 346; 16 Abb. N. S. 383; Mat ter of Latson, 1 Duer, 696; Everts v. Everts, 62 Barb. 577; Tucker v. Tucker, 4 Keyes, 136; Matter of Harstrom, 7 Abb. N. C. 391; Dubois v. Sands, 43 Barb. 412; People v. Corlies, 1 Sandf. 228; Curtis v. Stilwell, 32 Barb. 354; Ruthven Patten, 1 Rob. 416; s. c., 2 Abb. Pr. N. S. 121; Gottsberger v. Smith, 2 Bradf. 86; Cooper v. Felter, 6 Lans. 485; Kidd v. Chapman, 2 Barb. Ch. 414; Marston v. Paulding, 10 Paige, 40; Ex parte Parker, 1 Barb. Ch. 154; Bear v. Irwin, 10 Wend. 441; McFrail v. Craw fords, 12 id. 533; Farrington v. King, 1 Bradf. 182; Jenkins v. Robinson, 4 Wend. 436; Van Nostrand v. Wright, Lalor, 260; Corwin v. Merritt, 3 Barb. 341; People v. Hartman, 2 Sweeny, 576; Holmes v. Smith, 3 Hun 413; Rugbee v. Surrogate of Yates, 2 Cow. 471; Goodrich v. Pendleton, 4 Johns. Ch. 549; Vreeland v. McClelland, 1 Bradf. 393; James v. Adams, 22 How. Pr. 409; Bolton v. Jacks, 6 Rob. 166; Mead v. Mead, 18 Barb. 578; Summerville's Estate, 1_Tuck. 76; Brown v. Lynch, 2 Bradf. 214; Hughes' Estate, 1 Tuck. 38; Dutton v. Dutton, 8 How. Pr. 99; Seaman v. Duryea, 11 N. Y. 234; De Guerie v. Bonfanti, 19 Law Rep. 681; Farns worth v. Oliphant, 19 Barb. 30; Ex parte Bartlett, 4 Bradf. 221; Banks v. Taylor, 10 Abb. Pr. 199; O'Neil's Estate, 1 Tuck. 36; People v. Wamsley, 15 Abb. Pr. 323; Seymour v. Seymour, 4 Johns. Ch. 409; Foster v. Wil ber, 1 Paige, 537; Lawrence's Estate, 1 Tuck.68; Stagg v. Jackson, 2 Barb Ch. 86; s. c., 1 N. Y. 206; Bloodgood v. Brusen, 2 Bradf. 8; Clark v. Clark, 3id. 32; Graham v. De Witt, id. 186; McSorley v. Leary, 4 Sandf. Ch. 414 and 442; Ex parte Vandervoort, 1 Redf. 270; Vulte v. Martin, 44 How. Pr. 18; Montrose v. Wheeler, 4 Lans. 99; Ex parte Jones, I Redf, 263; Magee v. Veeder, 6 Barb. 352; Disosway v. Bank of Washington, 24 id. 60; Andrews v. Wallace, 17 How. Pr. 263; People v. Waldron, 52 id. 221; Beers v. Shannon, 73 N. Y. 292; Curran v. Sears, 2 Redf. 526; Currin v. Fanning, 13 Hun, 458; Casoni v. Jerome, 58 N. Y. 315; Savage v. Olm stead, 2 Redf. 478; Furniss v. Furniss, id. 497; Brown's Accounting, 16 Abb. Pr. N. S. 457; Carman v. Cowles, 2 Redf. 419; Gerould v. Wilson, 16 Hun, 530; Ex parte Adams, 2 Redf. 66; Boughton v. Flint, 74 N.Y, 476; Shakespeare v. Markham, 10 Hun, 311; 72 N. Y., 400; Stevens v. Stevens 2 Bedf. 265; Bevan v. Cooper, 72 N. Y. 317; Stilwell v. Carpenter, 2 Abb. A. C. 238; Hitchcock v. Marshall, 2 Redf. 174; Stilwell v. Carpenter, 39