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L. 1884, Chap. 228-An act to enable taxpayers to make application for the discharge of judgment debtors from imprisonment. Discharge of prisoner when court may order, on taxpayer's application. SECTION 1. When a person has been arrested by virtue of an execution issued upon a judgment of fifty dollars or under, and has been kept imprisoned at the expense of the county for six months or over, the court out of which the execution issued may, on the application of a taxpayer of the county to which the support is chargeable, and upon due proof of the service upon the person in whose favor such execution was issued, of a notice in writing of the time when and the place where such application is to be made, at least eight days before the making thereof discharge the prisoner, and it shall be the duty of the sheriff to forthwith release him from custody.

TITLE 1.

[444]

CHAPTER VIII.

OF PROCEEDINGS IN SPECIAL CASES.

TITLE I. 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[Repealed.]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[Repealed.]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

TITLE

OFFICERS, ON THEIR OFFICIAL BONDS.
[Repealed.]

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[Repealed.]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[Repealed.]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

TITLE

TITLE

TITLE

AGAINST SHIPS AND VESSELS.

[Repealed.]

[Supplementary Title.

TITLE 8.-Mechanics' and laborers' liens on real property.]
IX.-OF PROCEEDINGS FOR THE RECOVERY OF RENT AND OF

DEMISED PREMISES.

[Repealed.]

X.-SUMMARY PROCEEDINGS TO RECOVER THE POSSESSION OF

LAND IN CERTAIN CASES.

[Repealed.]

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[Repealed.]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[Repealed.]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[Repealed.]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.

1445, 446,

TITLE II.

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 Executors and Administrators, and against Heirs,
Devisees and Legatees.

ART. 1.-Of suits by and against executors and administrators.

ART. 2.-Of suits by and against legatees, and against next of kin, heirs and devisees, 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.

ART. 1.

wrongs.

SECTION 1. For wrongs done to the property, rights or interests of another, for which an action might be maintained against the Actions for 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 Abba, N. S., 362; 4 Hun, 49; 13 id., 302; 3 Hun, 682; 3 T. & C., 62; 1 Barb., 672; 41
How. Pr. R 513; 52 N. Y., 75; 36 N. Y., 625; 4 Abb. Ct. App. Dec., 26; 2 Hun, 608;
65 Barb., 338; 58 Barb., 385; 13 Abb., N. S., 299; 16 Abb., N. S., 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., 323; 103 N. Y., 429; 104 N. Y., 613.

Excep

§ 2. But the preceding section shall not extend to actions for [448] slander, 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 N. 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.]

of execu

tors.

§ 11. An executor of an executor, shall have no authority to Executors commence or maintain any action or proceeding relating to the estate, effects or rights of the testator of the first executor, or to take any charge or control thereof, as such executor.

[Sections 12-16 were repealed by L. 1880, ch. 245.]

[449] 19 Barb., 653; 18 Barb., 370;

5 Page, 36; 2 Dem., 203; 44 Hun, 460.

Executors of their own

16 N. Y.,

§ 17. No person shall be liable to an action as executor of his own wrong, for having received, taken or interfered with the property 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 administrators, of such deceased person, for the value of any property or effects so taken or received, and for all damages caused by his acts, to the estate of the deceased.

336; 9 N. Y., Barb., 544; Barb

149; 16

6

Barb., 172; 3 Barb Ch.,

479; 2 Hill, 185, 226; 3 T. & C., 448; 18 J. & S., 234; 37 Hun, 632; 26 Hun, 293; 27 Hun, 511.

&c., of adtors de

§ 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 [450] 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, 626; 2 Hill, 181; 1 Hill, 615; 13 Wend., 591; 5 Wend., 224, 313, 3 Wend., 305;

2 Johns. R., 227; 6 Johns. Ch. R., 393; 3 Johns. Ch. R., 578; 2 Abb. Pr., 432; 4 E.
D. Smith, 519.

[1 R. L., 312, § 9.]

TITLE 4.

[451-456]

ARTICLE SECOND.

OF SUITS BY AND AGAINST LEGATEES, AND AGAINST Next of KIN, HEIRS AND Devisees,
AND BETWEEN HEIRS AND DEVISEES.

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

[457-460]

[461-463]

[464]

Receivers, general powers

45 N. Y.,

332; 23

TITLE IV.

Of Proceedings by and against Corporations, and public Bodies having certain 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.]

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

§ 42. Such receiver shall possess all the power and authority 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 315; 1 N.Y., voluntary dissolution of a corporation. It shall be his duty to keep Barb., 656; an account of all moneys received by him, and on the first days of January, April, July and October, in each and every year, to make and file a written statement, verified by his oath that such statement is correct and true, showing the amount of money received by such 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

1 Barb, 148;
6 Paige,

217, 226, 503;
4 Paige,
225; 2

Paige, 452;

2 Sandf. Ch., 257;

512; 90 N.

Y., 7.

ment.

to retain the same, and the distributive share due each person interested therein. He shall pay such distributive share to the person or persons entitled thereto, on demand, at any time after such stateSuch 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

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