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person, which is a lien upon the surplus money, and the priorities of the several liens thereupon. Upon the coming in and confirmation of the referee's report, the court must make such an order for the distribution of the surplus money, as justice requires.

§ 2408. The last four sections do not apply to surplu money, arising upon the sale of real property, of which a decedent died seized, where letters testamentary or letters of administration, upon the decedent's estate, were, within four years before the sale, issued from a surrogate's court within the State, having jurisdiction to issue them.

§ 2409. [Am'd 1882.] This title does not affect any provision of law, inconsistent therewith, especially relating to the foreclosure of mortgages to the people of the State, or to the commissioners for loaning certain moneys of the United States.

TITLE X.

Proceedings to change the name of an individual or Corpora

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§ 2410. [Am'd 1877, 1893, 1895, amendment to take effect January 1 1896.] 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 petition of an infant shall be made by his general guardian, or by the guardian of his person, or by his next friend.

$2411. [Am'd 1893.] 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,

218

CHANGE OF NAMÉ.

§§ 2412-2113

or, if it be other than a stock cor oration, at a special term held in the judicial district in which its certificate of incorporation is filed or recorded, or in which its principal prop. erty 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 resolution of the directors of the corporation, aud approved if a banking corporation, by the superintentent of banks; if an insurance corporation, by the superintendent of insurance, and if a railroad corporation, by the board of railroad commissioners. The petition to change the name of any other corporation must have annexed 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. [Am'd 1893.] The petition must be in writing, signed by the petitioner and verified in like minner as a pleading in a court of record, and must specify the grounds of the application, the name, age and residence of the individual who e 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 Learly resembling it as to be calculated to deceive; an 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 director of the corporation and approved y the proper officer.

§ 2413. [Am'd 1893, 1894.] If the petition be to change the name of an infant, and is made by the intant's next friend, notice of the time and place at which the petition will be presented must be served upon the father, or if he is dead or can not be found, upon the mother, or if both are dead or can not be found, upon the general guardian or guardian of the person of the infant, in like manner as a notice of a motion upon an attorney in an action, unless it appears to the satisfaction of the court that the infant bas no father or mother, or that both reside without the State or can not be found, and that he has no guardi: n residing within this state, in which case the court may disper se with notice or require notice to be given to such persons and in such manner as the court thinks proper. If the petition be made by a corporation located elsewhere than in the city and county of New York, notice of the presentation thereof shall le published once in each week for six successive weeks in the state paper (at Albany in which notices by state officers are authorized by law to be published), and in a newspaper of

every county in which such corporation shall have a business office, or if it has no business office, of the county in which its principal corporate property is situated or in which its operations are or theretofore have been principally con ducted, which newspaper, if it be a banking corporation, shall be designated by the superintendent of banks, if any insurance corporation, by the superintendent of insurance, or if a railroad corporation, by the railroad commissioners. In the city and county of New York such notice shall be published once in each week for six successive weeks in two daily newspapers published in such county.

§ 2414. [Am'd 1893, 1895, amendment to take effect January 1, 1896.] If the court to which the petition is presented is satisfied thereby, or by the affidavit and certificate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, and if the petition be to change the name of an infant, that the interests of the infant will be substantially promoted by the change, and, if the petitioner be a corporation, that the petition has been duly authorized and that notice of the presentation of the petition, if required by law, has been made, the court shall make an order authorizing the petitioner to assume the name proposed on a day specified therein, not less than thirty days after the entry of the order. The order shall be directed to be entered and the papers on which it was granted, to be filed within ten days thereafter in the clerk's office of the county in which the petitioner resides, if he be an individual, or in the office of the clerk of the city court of New York if the order be made by that court, or, if the petitioner be a corporation, in the office of the clerk of the county in which its certificate of incorporation, if any, shall be filed; or if there be none filed in which its principal office shall be located, or if it has no business office, in the county in which its principal property is situated, or in which its operations are or theretofore have been principally conducted, or in the office of the clerk of the county in which the special term granting the order is held; and, if the petitioner be a corporation, that a certified copy of such order shall, within ten days after the entry thereof, be 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 corporaiion, 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

1167, Con. Bol. Act.

successive weeks. The county clerk, in whose office an or der changing the name of a corporation is entered, shall rerd the same at length in the book kept in his office for recording certificates of incorporation.

§ 2415. [Am'd 1893, 1894.] 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 thousand four hundred and fifteen of the code of civil procedure for the change of the name of a corporation, shall be invalid by reason of the non-filing of an affidavit of the publication of the order changing such name within twenty days from the

date thereof.

2416. [Am'd 1893.] An action or special proceeding, civil or criminal, commenced by or against a person whose rame is so changed shall not abate, nor shall any relief, recovery or other proceeding therein be prevented, 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, at any time obtain an order amending any of the papers or proceedings therein, by the substitution of the new name, without costs and without prejudice to the action or proce: ding.

§ 2417. [Am'd 1893.] The clerk of each county and of each court, shall annually, in the month of December, report to the Secretary of State, all changes of names of indi. vidua's or of corporations, which have been made in pursu ance of orders filed in their respective offices during the past year and since the last previous report, and also report in like manner to the superintendent of banks all changes of the names of banking corporations, and to the superintend ent of insurance all changes of names of corporations authorized to make insurances. The Secretary of State must cause to be published in the next volume of the ses sion laws a tabular statement showing the original name of each person and corporation and the name which he or it has been authorized to assume.

§ 2418. amenad.

[Apparently superseded in 1893 by § 2417 as R prated 1895.]

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29 Hun, 429. 2 Abb. N. C. 231.

128 NY. 550. 134 N.Y. 294 9 App. Div,

132 N. Y. 212.

§ 2419. [Am'd 1895, amendment to take effect January 1, 1896.] If a majority of the directors, trustees, or other of ficers, having the management of the concerns of a corporation created by or under the laws of the State, discover that the stock, effects, and other property thereof are not sufficient to pay all just demands, for which it is liable, or to afford a reasonable security to those who may deal with it; or if, for any reason, they deem it beneficial to the interest of the 153 Ñ. Y. 199. stockholders that the corporation should be dissolved, they may present a petition to the supreme court praying for a final order dissolving the corporation, as prescribed in this title.

546,

§ 2420. [Am'd 1893, 1891, 1896, amendment to take effect 151 N. Y. 511 September 1, 1896.] If a corporation created under a general statute of the State for the formation of corporations or under any special act or charter has an even number of trustees or directors who are equally divided respecting the manage. ment of its affairs, or if the stock of such corporation is equally divided into not more than two independent ownerships or interests, or if the entire stock of the corporation is at that time owned by the trustees or directors who are even in number or equally divided representing the manage. ment of its affairs, or if the stock is so divided that one-half thereof is owned or controlled by persons favoring the course of part of the trustees or directors and one-half thereof is owned by persons favoring the course of the other trustees or directors the trustees or directors or the stockholders or one or more of them may present a petition as prescribed in the list section. And it shall be the duty of a majority of the directors or trustees of every corporation created by or under the laws of this State to present a petition as prescribed in the last section whenever directed so to do by a majority in interest of its stockholders. But this section does not apply to a savings bank, a trust company, a safe deposit company, or a corporation formed to rent safes in burglar and fireproof vaults, or for the construction or operation of a rail. road, or for aiding in the construction thereof, or for carrying on the business of banking or insunce, or intended to derive a profit from the loan or use of money.

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