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TITLE 1.

CHAPTER VIII.

OF PROCEEDINGS IN SPECIAL CASES.

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TITLE 1.–OF THE BRINGING AND MAINTAINING OF SUITS BY POOR

PERSONS.

[Repealed.] TITLE II.-PROCEEDINGS BY AND AGAINST INFANTS.

[Repealed.) TITLE III.—OF SUITS BY AND AGAINST EXECUTORS AND ADMINISTRA

TORS, AND AGAINST HEIRS, DEVISEES AND LEGATEES. TITLE IV.-OF PROCEEDINGS BY AND AGAINST CORPORATIONS, AND

PUBLIC BODIES HAVING CERTAIN CORPORATE POWERS,

AND BY AND AGAINST OFFICERS REPRESENTING THEM. TITLE V.-OF SUITS AGAINST SHERIFFS, SURROGATES AND OTHER

OFFICERS, ON THEIR OFFICIAL BONDS.

[Repealed.)
TITLE VI.—OF ACTIONS FOR PENALTIES AND FORFEITURES; AND PRO-

VISIONS FOR THE COLLECTION AND REMISSION OF FOR-
FEITED RECOGNIZANCES, AND FINES IMPOSED BY COURTS.

[Repealed.]
TITLE VII.—OF PROCEEDINGS FOR THE ADMEASUREMENT OF DOWER.

(Repealed.]
TITLE VIII.- OF PROCEEDINGS FOR THE COLLECTION OF DEMANDS

AGAINST SHIPS AND VESSELS.
[Repealed.)

[Supplementary Title.

TITLE 84.—Mechanics' and laborers' liens on real property.] TITLE IX.-OF PROCEEDINGS FOR THE RECOVERY OF RENT AND OF

DEMISED PREMISES.

(Repealed.) TITLE X.-SUMMARY PROCEEDINGS TO RECOVER THE POSSESSION OF

LAND IN CERTAIN CASES.

[Repealed.] TITLE XI.—OF DISTRAINING CATTLE AND OTHER CHATTELS DOING

DAMAGE, AND OF DISTRAINING IN OTHER CASES. TITLE XII.-OF THE ACTION OF REPLEVIN.

(Repealed.)
TITLE XIII._OF PROCEEDINGS, AS FOR CONTEMPTS, TO ENFORCE CIVIL

REMEDIES, AND TO PROTECT THE RIGHTS OF PARTIES
IN CIVIL ACTIONS.

[Repealed.) TITLE XIV.-OF ARBITRATIONS.

[Repealed.) TITLE XV.–OF THE FORECLOSURE OF MORTGAGES BY ADVERTISEMENT.

[Repealed.)
TITLE XVI.-OF PROCEEDINGS FOR THE DRAINING OF SWAMPS, MARSHES,

AND OTHER LOW LANDS.
TITLE XVII.-GENERAL MISCELLANEOUS PROVISIONS CONCERNING SUITS

AND PROCEEDINGS IN CIVIL CASES.

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of the bringing and maintaining of Suits by poor Persons. [This entire title was repealed by L. 1877, ch. 417.)

TITLE 2.

TITLE II.

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Proceedings by and against Infants, [This entire title was repealed by L. 1877, ch. 417.)

L. 1872, Chap. 524 - An act to protect purchasers on sales of real estate

of infants, by special guardian, prior to January 1st, 1852. Cortain sales of infants' real estate ratified and confirmed. SECTION 1. All sales of real estate belonging to infant owners, made by special guardians under the orders of the supreme court, county court or late court of chancery, prior to January first, eighteen hundred and fifty-two, and the conveyances therefor executed by said special guardian, are hereby ratified and confirmed, notwithstanding the omission by any such special guardian, to affix to his or her signature, his or her title as special guardian, or to sign the name of the infant or infants whose real estate was thus conveyed to such deed of conveyances : provided, that the person who executed such conveyance was the duly appointed special guardian of such infant or infants, and such conveyance was in other respects executed in conformity to the order of the court in which the proceedings for such sale were had.

Not to affect existing suits and proceedings. § 2. This act shall not affect the right of any party to any suit or legal proceeding, commenced before the passage thereof, in consequence of the irregularity of any proceeding, or the invalidity of any deed which by the foregoing section is legalized and made valid.

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Of Suits by and against Excecutors and Administrators, and against Heirs,

Devisees and Legatees.
ART. 1.–Of suits hy and against executors and administrators.
Art. 2.--Of suits by and against legatees, and against next of kin, heirs and devi-

sees, and between heirs and devisees.

ARTICLE FIRST.

OF SUITS BY AND AGAINST EXECUTORS AND ADMINISTRATORS.
SEC. 1. Actions for wrongs may be brought by and against executors, etc.

2. Certain actions excepted from last section.
3–10. (Repealed.]
11. Executors of executors, not to have any rights as such.
12–16. [Repealed.)
17. Executors of their own wrong abolished ; liable as trespassers.
18. Rights, etc., of administrators de bonis non.

613.

of execu.

SECTION 1. For wrongs done to the property, rights or interests

ART. 1. of another, for which an action might be maintained against the Actions for

wrongs. wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators, against such wrong-doer, and after his death against his executors or administrators, in the same manner and with the like effect in all respects, as actions founded upon contracts. 5 Abb., N. S., 362; 4 Hun, 49; 13 id., 302;

3 Hun, 682; 3 T. & C., 62; 1 Barb., 672; 41 How. Pr. R, 613; 52 N. Y., 75; 36 N. Y., 625; 4 Abb. Ct. App. Deo., 26; 2 Hun, 608; 65 Barb., 338; 68 Barb., 385; 13 Abb., N. S., 299; 16 Abb., N. 8., 104; 48 How. Pr. R., 144; 16 Hun, 177; 12 J. & S., 26; 8 J. & S., 453; 16 Hun, 369; 19 N. Y., 474;_28 Barb., 607; 6 Barb., 330; 2 Barb., 373; 1 Barb., 230; Hill & Denio, 119; 16 How. Pr. R., 15, 279, 378; 5 Wend., 313; 5 Denio, 477; 1 Johns. R., 396; 38 Barb., 20; 25 How. Pr. R., 286; 31' Hun, 359; 32 Hun, 141; 34 Han, 12, 273; 24 Hun, 204, 620; 37 Hun,

128, 194; 96 N. Y., 823; 103 N. Y., 429; 104 N. Y., § 2. But the preceding section shall not extend to actions for (448)

Excepslander, for libel, or to actions of assault and battery, or false im- tions. prisonment, nor to actions on the case for injuries to the person of the plaintiff, or to the person of the testator or intestate of any executor or administrator.

4 Hun, 49; 19 N. Y., 474; 25 How. Pr. R., 286; 52 N. Y., 73, 75; 58 Barb., 385; 3 Hun,

682; 11 Hun, 299; 5 Hun, 209; 54 How. Pr., R., 213; 34 Hun, 273; 99 Ñ. Y., 261; 104

N. Y., 613. (Sections 3-7 were repealed by L. 1880, ch. 245.] Section 8 was repealed by L. 1877, ch. 417.) (Sections 9 and 10 were repealed by L. 1880, ch. 245.]

§ 11. An executor of an executor, shall have no authority to Executors commence or maintain any action or proceeding relating to the tors. estate, effects or rights of the testator of the first executor, or to

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19 Barb., take any charge or control thereof, as such executor.

653; 18

Barb., 370;

6 Page, 36; 2 Dem., 203; 44 Hun, 460. [Sections 12-16 were repealed by L. 1880, ch. 245. ]

§ 17. No person shall be liable to an action as executor of his Executors own wrong, for having received, taken or interfered with the property of their or effects of a deceased person; but shall be responsible as a wrong- wrong, doer in the proper action to the executors, or general or special 336; 9N.'Y., administrators, of such deceased person, for the value of any prop- Barb., 544; erty or effects so taken or received, and for all damages caused by Barbo his acts, to the estate of the deceased.

Barb., 172;

8 Barb Ch., 479; 2 Hill, 185, 226; 3 T. & C., 448; 18 J. & S., 234; 37 Hun, 632; 26 Hun, 293; 27 Hun,611. § 18. When administration of the effects of a deceased person, Rights, which shall have been left unadministered by any previous executor ministra. or administrator of the same estate, shall be granted to any person, bonis non. such person may bring a writ of error upon any judgment obtained (480] against such previous executor or administrator of the same estate, or against the original testator or intestate; and shall defend any writ of error brought upon any such judgment; and shall have the same remedies, in the prosecution or defence of any action, by or against such previous executors or administrators, and for the collection and enforcing of any judgment obtained by them, as they would have by law.

16 N. Y., 83; 19 Barb., 631; 11 Barb., 546; 5 Paige, 254; 5 Denio, 449; 4 Denio, 85; 1 Denio,

628; 2 Hill, 181; i Hill, 616; 18 Wend., 591; 5 Wend., 224, 313, 3 Wend., 305; 2 Johns. R., 227; 6 Johns. Ch. R., 398; 3 Johns. Ch. R., 578; 2 'Abb. Pr., 432; 4 E.

D. Smith, 519. [1 R. L., 312, § 9.]

TITLE 4.

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ARTICLE SECOND,

OF SUITS BY AND AGAINST LEGATEES, AND AGAINST NEXT OF Kin, HEIRS AND DEVISBES,

AND BETWEEN HEIRS AND DEVISEES.

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Of Proceedings by and against Corporations, and public Bodies having cer

tain corporate Powers, and by and against Officers representing them. Art. 1.-Of proceedings by and against corporations, in courts of law.

[Repealed.)
Art. 2.-Of proceedings against corporations, in equity.
ART. 3.-Of the voluntary dissolution of corporations.
ART. 4.-Of proceedings by and against public bodies, having certain corporate

powers, and by and against the officers representing them.

ARTICLE FIRST.
OF PROCEEDINGS AGAINST CORPORATIONS, IN COURTS OF LAW.

[This article was repealed by L. 1877, ch. 417, and L. 1880, ch. 245.]

powers

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ARTICLE SECOND
OF PROCEEDINGS AGAINST CORPORATIONS IN EQUITY.
SEO. 31-41. (Repealed.]

42. Receivers' general powers and duties.

43–57. [Repealedl.] [464]

[Sections 31-41 were repealed by L. 1880, ch. 245.] Receivers,

§ 42. Such receiver shall possess all the power and authority general

conferred, and be subject to all the obligations and duties imposed, and duties. in article three of this title, upon receivers appointed in case of the 316; 1 N.Y., voluntary dissolution of a corporation. It shall be his duty to keep 332; 23 Barb., 656; an account of all moneys received by him, and on the first days of o Barb, 148; January, April, July and October, in each and every year, to make 227, 228, 503; and file a written statement, verified by his oath that such statement 2:25; 2 is correct and true, showing the amount of money received by such Paige, 452;

receiver, his agents or attorneys, the amount he has a right to retain 25 Hun, 376, under the provisions of this title, and the items for which he claims 512; 90 N. Y., 7. to retain the same, and the distributive share due each person inter

ested therein. He shall pay such distributive share to the person or persons entitled thereto, on demand, at any time after such statement. Such account, statement, and all the books and papers of the corporation in the hands of such receiver, shall at all reasonable times be open for the inspection of all persons having an interest therein. And in case of neglect or refusal to comply with either of the above requirements, or any duty imposed upon him by this title, the supreme court, at either a general or special term, shall, on the application of the party aggrieved, unless such neglect or refusal

2 Sandf. Ch , 257;

ART. 2.

shall be satisfactorily explained to the court, forthwith remove such receiver, and appoint some suitable person as receiver in his place. Such removal shall not vitiate or annul any legal proceedings had by such receiver; but such proceedings shall be continued by such successor as if no removal had been made. Such receiver shall also be liable to pay to the party interested, interest at the rate of ten per cent per annum on all moneys due to such party and retained by him more than one day after such demand made as aforesaid. [Thus amended by L. 1858, ch. 348, and saved by the repealing act of 1880, which declares the section " applicable to a permanent receiver appointed as prescribed in § 1788 of the Code of Civil Procedure."]

[Sections 43–57 were repealed by L. 1880, ch. 245.]

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L. 1842, Chap. 222 -An act respecting receivers appointed by the bank

commissioners under the act entitled "An act respecting the appointment of receivers of moneyed institutions,” passed April 27, 1841.

Receivers subject to orders of supreme court. SECTION 1. That all the receivers heretofore appointed by the bank commissioners, under the act entitled “An act respecting the appointment of receivers of moneyed institutions,” passed April 27, 1841, shall be subject to all the provisions of law applicable to receivers of moneyed institutions appointed by the chancellor previous to the passage of the last named act, and shall be accountable to, and under the direction of the chancellor, in relation to all their powers and duties, and the property and effects that has or shall come into their hands as such receivers, in the same manner and to the same extent as they would have been had they been appointed by the chancellor. It shall be the duty of the chancellor, from time to time, to make such orders and give such directions to such receiver in relation to the property and effects in their hands, or hereafter to come into their hands, as he shall deem most beneficial to the creditors of such moneyed institutions; and the chancellor shall have power, at any time to remove any such receiver, and to appoint others, for neglect of duty or official misconduct, in the same manner and with the like power that he now has over receivers appointed by himself, and not otherwise.

L. 1852, Chap. 71 – An act to facilitate the collection of debts against

corporations. (Section 1 was repealed by L. 1880, ch. 245.]

Receivers to make assessments on premium notes; notice of assessment to be given. 8 2. In case the corporation, in regard to which a receiver has been or shall hereafter be appointed, is or shall be a mutual insurance company, such receiver shall have full power under the authority and sanction of the court appointing him, to make all such assessments on the premium notes belonging to such corporation, as may be necessary to pay the debts of such corporation, as by the charter thereof the directors of such corporation have authority to make; and the notice of such assessment may be given in the same manner as is provided in the charter of said company for the directors of said company to give; and the said receiver shall have the like rights and remedies, upon and in consequence of the non-payment of such assessments, as are given to the corporation or the directors thereof by the charter of such corporation.

25 Barb., 113; 26 N. Y., 243 ; 25 How. Pr. R., 88.

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