3. For superintending the sale, and attending to the execution has fi of the necessary papers, ten dollars. ; and 2 R. S. 652, § 4, subd. 1 and 2 and part of subd. 3 (2 Edm. 672), and L. serve 1844, ch. 346, § 3 (4 Edm. 668). § 2402. Expenses allowed. The sums actually paid for the following services, not exceed ing the fees allowed by law for those services, are allowed in proceedings, taken as prescribed in this title: or ad that e so I ma 80 Orde 1. For publishing the notice of sale, and the notice or notices of postponement, if any, for a period not exceeding twenty-four the pr weeks. 2. For the services specified in section 2390 of this act. 3. For recording the affidavits; and also, where the property sold is situated in two or more counties, for making and recording the necessary certified copies thereof. 4. For necessary postage and searches. Id., remainder of § 4. 2403. Taxation thereof. The costs and expenses must be taxed, upon notice, by the clerk of the county where the sale took place, upon the request and at the expense of any person, interested in the payment thereof. Each provision of this act, relating to the taxation of costs in the supreme court, and the review thereof, applies to such a taxation. Id., § 3, am'd. 2404. Surplus money to be paid into supreme court. An attorney or other person who receives any money, arising upon a sale, made as prescribed in this title, must, within ten days after he receives it, pay into the supreme court the surplus, t exceeding the sum due and to become due upon the mortgage, and the costs and expenses of the foreclosure, in like manner and with like effect, as if the proceedings to foreclose the mortgage were taken in an action, brought in the supreme court, and triable in the county where the sale took place. L. 1868, ch. 804, §§ 1, 2 and 4 (7 Edm. 353); L. 1870, ch. 706, § 1 (7 Edm. 770). See §§ 743, 745, ante. § 2405. Claimant of surplus money to file petition. A person, who had, at the time of the sale, an interest in or lien upon the property sold, or a part thereof, may, at any time before an order is made, as prescribed in the next section but one, file in the office of the clerk of the county, where the sale took place, a petition stating the nature and extent of his claim, and praying for an order, directing the payment to him of the sur plus money, or a part thereof. Id., part of § 3, am'd. § 2406. Application for surplus money. A person filing a petition, as prescribed in the last section, may, after the expiration of twenty days from the day of sale, apply to the supreme court, at a term held within the judicial district, embracing the county where his petition is filed, for an order, pursuant to the prayer of his petition. Notice of the application must be served, in the manner prescribed in this act for the service of a paper upon an attorney in an action, upon each per as filed a like petition, at least eight days before the ; and also upon each person, upon whom a notice of served, as shown in the affidavit of sale, or upon his r administrator. But, if it is shown to the court, by that service upon any person, required to be served, so made with due diligence, notice may be given to manner which the court directs. h. 804, part of § 3, am'd. Order for distribution. e presentation of the petition, with due proof of notice ation, the court must make an order referring it to a person to ascertain and report the amount due to the and to each other person, which is a lien upon the oney; and the priorities of the several liens thereupon. coming in and confirmation of the referee's report, the st make such an order, for the distribution of the surey, as justice requires. inder of § 3, am'd. Limitation of last four sections. st four sections do not apply to surplus money, arising sale of real property, of which a decedent died seized, tters testamentary or letters of administration, upon the 's estate, were, within four years before the sale, issued surrogate's court within the State, having jurisdiction to m. ch. 658 (7 Edm. 142); L. 1870, ch. 170 (7 Edm. 664), and L. 1871, '. [Am'd, 1882.] Application of this title to mort- title does not affect any provision of law, inconsistent h, especially relating to the foreclosure of mortgages to le of the State, or to the commissioners for loaning cerneys of the United States. 15 of part 3, ch. 8, tit. 15, R. S., am'd. 655 TITLE X.* Proceedings to change the name of an individual or corporation. Sec. 2410. Petition by individual. 2411. Petition by corporation. 2412. Contents of petition. 2413. Notice of presentation of petition." 2414. Order. 2415. When change to take effect. 2416. Substitution of new name in pending action or proceeding. 2418. [Repealed.] § 2410. [Am'd, 1895.] Petition by individual. e Det the or if are A petition for leave to assume another name may be made by a resident of the state to the county court of the county in which he resides, or, if he resides in the city of New York, either to the supreme court, or to the city court of New York. The petitio tion of an infant shall be made by his general guardian, or by the guardian of his person, or by his next friend. L. 1895, ch. 946. § 2411. Petition by corporation. A petition to assume another corporate name may be made by a domestic corporation, whether incorporated by a general or special law, to the supreme court at a special term thereof, held in the judicial district in which its principal business office shall be situated, or, if it be other than a stock corporation, at a special term held in the judicial district in which its certificate of incorporation is filed or recorded, or in which its principal property is situated, or in which its principal operations are or theretofore have been conducted. If it be a banking, insurance or railroad corporation, the petition must be authorized by a reso lution of the directors of the corporation, and approved if a banking corporation, by the superintendent of banks; if an insurance corporation, by the superintendent of insurance, and if a railroad corporation, by the board of railroad commissioners. The peti tion to change the name of any other corporation must have an nexed thereto a certificate of the secretary of state, that the name which such corporation proposes to assume is not the name of any other domestic corporation or a name which he deems so nearly resembling it, as to be calculated to deceive. § 2412. Contents of petition. The petition must be in writing, signed by the petitioner and verified in like manner as a pleading in a court of record, and must specify the grounds of the application, the name, age and residence of the individual whose name is proposed to be changed, and the name which he proposes to assume, and if the petitioner be a corporation, its present name, and the name it proposes to assume, which must not be the name of any other corporation, or a name so nearly resembling it as to be calculated to deceive; and if it be a railroad corporation, a corporation having banking powers or the power to make loans upon pledges or deposits, or to make insurances, that the petition has been duly authorized by a resolution of the directors of the corporation and approved by the proper officer. *Whole title amended 1893. . [Am'd, 1894.] Notice of presentation of petition. e petition be to change the name of an infant, and is y the infant's next friend, notice of the time and place h the petition will be presented must be served upon the or if he is dead or cannot be found, upon the mother, or are dead or cannot be found, upon the general guardian dian of the person of the infant, in like manner as a noa motion upon an attorney in an action, unless it apto the satisfaction of the court that the infant has no or mother, or that both reside without the State or canfound, and that he has no guardian residing within this in which case the court may dispense with notice or renotice to be given to such persons and in such manner as irt thinks proper. If the petition be made by a corporation 1 elsewhere than in the city and county of New York, nothe presentation thereof shall be published once in each for six successive weeks in the State paper (at Albany, in notices by State officers are authorized by law to be pub, and in a newspaper of every county in which such coron shall have a business office, or if it has no business of the county in which its principal corporate property is ed or in which its operations are or theretofore have been pally conducted, which newspaper, if it be a banking coron, shall be designated by the superintendent of banks, if nsurance corporation by the superintendent of insurance, or ailroad corporation, by the railroad commissioners. In the nd county of New York such notice shall be published once ch week for six successive weeks in two daily newspapers shed in such county. 394, ch. 264. 14. [Am'd, 1895.] Order. the court to which the petition is presented is satisfied by, or by the affidavit and certificate presented therewith, the petition is true, and that there is no reasonable objec to the change of name proposed, and if the petition be to ge the name of an infant, that the interests of the infant be substantially promoted by the change, and if the petier be a corporation, that the petition has been duly authorand that notice of the presentation of the petition, if reed by law, has been made, the court shall make an order orizing the petitioner to assume the name proposed on a day ified therein, not less than thirty days after the entry of the er. The order shall be directed to be entered and the papers which it was granted to be filed within ten days thereafter in clerk's office of the county in which the petitioner resides if be an individual, or in the office of the clerk of the city court New York if the order be made by that court, or, if the petier be a corporation, in the office of the clerk of the county in ich its certificate of incorporation, if any, shall be filed, or if re be none filed, in which its principal office shall be located, if it has no business office in the county in which its prin al property is situated, or in which its operations are or thereore have been principally conducted, or in the office of the rk of the county in which the special term granting the order held; and, if the petitioner be a corporation, that a certified Dy of such order shall, within ten days after the entry thereof, filed in the office of the secretary of state; and also, if it be a banking corporation, in the office of the superintendent of banks, or if it be an insurance corporation, in the office of the superintendent of insurance, or if it be a railroad corporation, in the office of the board of railroad commissioners. Such order shall also direct the publication, within ten days after the entry thereof of a copy thereof in a designated newspaper, in the county in which the order is directed to be entered, at least once if the petitioner be an individual, or if the petitioner be a corporation, once in each week for four successive weeks. The county clerk, in whose office an order changing the name of a corporation is entered, shall record the same at length in the book kept in his office for recording certificates of incorporation. L. 1895, ch. 946. § 2415. [Am'd, 1894.] When change to take effect. If the order shall be fully complied with, and within forty days after the making of the order, an affidavit of the publication thereof shall be filed and recorded in the office in which the order is entered, and in each office in which certified copies thereof are required to be filed, if any, the petitioner shall on and after the day specified for that purpose in the order, be known by the name which is thereby authorized to be assumed and by no other name. No proceedings heretofore had under sections two thousand four hundred and fourteen and two thor sand four hundred and fifteen of the code of civil procedure f the change of the name of a corporation, shall be invalid ty reason of the non-filing of an affidavit of the publication of the order changing such name within twenty days from the date thereof. L. 1894, ch. 264. fr § 2416. Substitution of new name in pending action of proceeding. An action or special proceeding, civil or criminal, commenced by or against a person whose name is so changed shall not abate nor shall any relief, recovery or other proceeding therein be pre vented, impeded or impaired in consequence of such change of name. The plaintiff in the action or the party instituting the special proceeding, or the people, as the case requires, may, st any time, obtain an order amending any of the papers or pr ceedings therein, by the substitution of the new name, without costs and without prejudice to the action or proceeding. 2417. Reports by clerks to state officers. The clerk of each county and of each court, shall annually, i the month of December, report to the secretary of state s changes of names of individuals or of corporations, which have been made in pursuance of orders filed in their respective offices during the past year and since the last previous report, and als report in like manner to the superintendent of banks all changes of the names of banking corporations, and to the superintendent of insurance all changes of names of corporations authorized t make insurances. The secretary of state must cause to be ph lished, in the next volume of the session laws, a tabular state ment showing the original name of each person and corporation and the name which he or it has been authorized to assume. L. 1893, ch. 366. § 2418. [Apparently dropped; covered by section 2417; also re pealed, L. 1895, ch. 946.] |