§ 2430. Certain sales, etc., void. A sale, assignment, mortgage, conveyance, or other transfer, of any property of a corporation, made after the filing of a petition as prescribed in this title, in payment of, or as security for, an existing or prior debt, or for any other consideration; or a judgment thereafter rendered against the corporation by confession, or upon the acceptance of an offer, is absolutely void, as against the receiver appointed in the special proceeding, and as against the creditors of the corporation. R. S. § 70. §2431. [Am'd, 1884.] Certain corporations excepted from this title. This title does not apply to an incorporated library society, to religious corporation, or to a select school or academy, incorporated by the regents of the university or by the legislature, or to a municipal or other political corporation. In case of corporations affected by the provisions of this title, and not having stockholders, it shall be sufficient for the purposes of this title to notify, name and refer to the "members of such corporations instead of "stockholders as herein provided, Id., § 91; L. 1884, ch. 406. § 2431a. [Added, 1906.] Commissions of receiver. A receiver appointed pursuant to this title is entitled, in addition to his necessary expenses, to commissions upon the sums received and disbursed by him as the court by which or the judge by whom he is appointed allows, as follows: On the first twenty thousand dollars, not exceeding five per centum; on the next eighty thousand dollars, not exceeding two and one-half per centum; and on the remainder, not exceeding one per centum; but in case the commissions of a receiver so computed shall not amount to one hundred dollars, said court or judge may in his or its discretion allow said receiver such a sum not exceeding one hundred dollars for his commissions as shall be commensurate with the services rendered by said receiver. L. 1906, ch. 293. In effect Sept. 1, 1906. § 2431b. [Added, 1906.1 Final accounting. A receiver appointed under this title shall apply within one year after qualifying as such for a final settlement of his accounts and an order for distribution, or shall apply to the court upon notice to the attorney-general for an extension of time, setting forth the reasons why he is unable to close his accounts, which order may be granted in the discretion of the court. The attorney-general or any creditor, or any party interested, may apply for an order that the receiver show cause why an accounting and distribution shall not be had at any time after the expiration of one year after the receiver qualifies; and it shall be the duty of the attorney-general after the expiration of eighteen months from the time the receiver enters upon his duties, in case he has not applied for a final settlement of his accounts, to apply for such an order on notice to such receiver. In case of such application by a party other than the receiver the court shall direct the receiver to take steps to account with all convenient speed. The receiver is not required or authorized to file any account, except as herein provided, except by special order of the court. L. 1906, ch. 293. In effect Sept. 1, 1906. TITLE XII. Proceedings supplementary to an execution against property Article 1. Proceedings to compel an examination of the judgment debtor, and of his debtor or bailee. 2. The receiver. ARTICLE FIRST. Proceedings to compel an examination of the judgment debtor, and of his debtor or bailee. Sec. 24.2. The different remedies under this title. 2433. Nature of the remedies. Review of orders. 2434. What judge may entertain the proceedings. 2435. Order to examine debtor after return of execution. 2436. Id.; before return of execution. 2437. Warrant of arrest instead of order. 2438. Id.; after the order has been made. 2439. Warrant; how vacated, etc. 2440. Undertaking may be required, etc. 2441. Order to examine person having property, etc., of judgment debtor. 2443. Reference may be ordered at any time. 2444. Proceedings upon examination; adjournment. 2445. Referee to be sworn. 2446. Order permitting person indebted to pay debt to sheriff. 2447. Order requiring delivery of money or property to sheriff or receiver. 2449. How money or property applied to pay the judgment. 2450. Balance to be paid or delivered to judgment debtor, etc. 2451. Judge may enjoin transfer, etc, of property. 2452. Mode of service of certain orders. 2453. Service of a warrant. 2454. How proceedings discontinued or dismissed. 2435. Costs to judgment creditor. 2456. Id.; to judgment debtor, etc. 2457. Disobedience to order; how punished. 2458. Upon what judgment, and to what county, the execution must have issued. 2459. In what county judgment debtor, his ballee, etc., must attend. 2460. No person excused from answering on the ground of fraud. 2161. Proceedings where judgment is against joint debtors. 2162. Proceedings commenced before one judge may be continued before another. 2463. Cases where this chapter is not applicable; what property cannot be reached. § 2432. [Am'd, 1896.] The different remedies under this title. This title provides for three distinct remedies, as follows: 1. An order made or a warrant issued against a judgment debtor, after return of an execution. 2. An order made, or a warrant issued against a judgment debtor, after the issuing and before the return of an execution. 3. An order, made after the issuing, and either before or after the eturn, of an execution, against the person who has property of the judgment debtor, or is indebted to him. The proceedings under subdivision third of this section, may be pursued either alone or simultaneously with the proceedings under subdivision first or subdivision second. The party to whom costs are awarded in a special proceeding shall be entitled to the same remedies under this title, under the same circumstances. as near as may be, as a judgment creditor. And for the purvoses this title, the party to whom such costs are awarded shall be deemed a judgment creditor, and the party against whom they are awarded shall be deemed a judgment debtor. L. 1896, ch. 176. In effect September 1, 1896. See Tax L., § 259. § 2433. Nature of the remedies. Review of orders. Each of those remedies is a special proceeding. But an order, made in the course thereof, can be reviewed only as follows: 1. An order, made by a judge, out of court, may be vacated or modified by the judge who made it, as if it was made in an action; or it, or the order of the judge vacating or modifying it, may be vacated or modified, upon motion, by the court out of which the execution was issued. 2. Where the execution was issued out of a county court, an appeal from an order, made in the course of the proceedings, may be taken in like manner, as if the order was made in an action brought in the same court. § 2434. ¡Am'd, 1895, 1897.] What judge may entertain the proceedings. Either special proceedings may be instituted before a judge of the court, out of which, or the county judge, the special county judge, or the special surrogate, of the county to which the execution was issued; or where it was issued to the city and county of New York, from a court other than the city court of that city, before a justice of the supreme court for that city and county. Where the execution was issued out of a court other than the supreme court, and it is shown by affidavit, that each of the judges, before whom the special proceedings might be instituted, as prescribed by this section, is absent from the county, or, for any reason, unable or disqualified to act, the special proceedings may be instituted before a justice of the supreme court. In that case, if he does not reside within the judicial district embracing the county to which the execution was issued, the order made or warrants issued by him must be returnable to a justice of the supreme court, residing in that district, or the county judge, or the special judge, or special surrogate, of that or an adjoining county, as directed in the order or warrant. Where the judgment upon which the execution was issued was recovered in a district court of the city of New York, either special proceeding shall be instituted before a justice of the city court of the city of New York. Co. Proc., § 292, am'd; L. 1895, ch. 946; L. 1897, ch. 476. In effect May 17, 1897. 2435. [Am'd, 1896.] turn of execution. Order to examine debtor after re At any time within ten years after the return, wholly or partly unsatisfied, of an execution against property, issued upon a judgment, as prescribed in section 2458 of this act, or, in case of an order, issued in the same manner so far as the provisions of said section can be applied in substance, the creditor under such judgment or order, upon proof of the facts, by affidavit or other competent written evidence, is entitled to an order, requiring the debtor under the judgment or order, to attend and be examined concerning his property, at a time and place specified in the order. Id., § 292; i. 1896, ch. 176. In effect September 1, 1896. See § 2458, pcst. 2436. Id.; before return of execution. At any time after the issuing of an execution against property, as prescribed in section 2458 of this act, and before the return thereof. the iudgment creditor, upon proof. by affidavit, or other competent written evidence, that the judgment debtor has property, which he unjustly refuses to apply towards the satisfaction of the judgment, is entitled to an order, requiring the judgment debtor to attend and be examined concerning his property, at a time and place specified in the order. Co. Proc., 292, subd. 2. § 2437. Warrant of arrest instead of order. Upon proof entitling a judgment creditor to an order, under either of the last two sections; and also proof, by affidavit, to the satisfaction of the judge, that there is danger that the judgment debtor will leave the State, or conceal himself, and that there is reason to believe that he has property, which he unjustly refuses to apply to the payment of the judgment; the judge may, instead of making an order, issue a warrant under his hand, reciting the facts and requiring the sheriff of any county, where the judgment debtor may be found, to arrest him, and bring him before the same judge, or before another judge, if the case is one where the warrant must be returnable to another judge. Id., § 292, subd. 4, am'd. § 2438. Id.; after the order has been made. Where the facts, specified in the last section, are made to appear, as therein stated, at any time after the making of an order, requiring the judgment debtor to attend and be examined, and before the close of his examination, the judge may issue a warrant, as therein prescribed; and, if necessary, may direct the adjournment, or, if the return day of the order has elapsed, the continuance of the proceedings under the order, until after the return of the warrant, and his decision thereupon. § 2439. Warrant; how vacated, etc. A warrant, issued as prescribed in the last two sections, may be vacated or modified, as prescribed in section 2433 of this act, with respect to an order. § 2440. Undertaking may be required, etc. Where a judgment debtor has been arrested and brought before a judge, by virtue of a warrant, issued as prescribed in this article; and it appears to the satisfaction of the judge, from his examination, or other proof, that there is danger that he will leave the State, or conceal himself, and that he has property, which he has unjustly refused to apply to the satisfaction of the judgment; the judge may make an order, requiring him to give an undertaking, with one or more sureties, in a sum fixed and within a time specified in the order, to the effect, that he will, from time to time, as the judge directs, attend before the judge, or before a referee, appointed or to be appointed in the proceedings: and that he will not, until discharged from arrest by virtue of the warrant, dispose of any of his property, which is not exempted from seizure by section 2463 of this act. If he fails to comply with the order, the judge must forthwith, by warrant, commit him to prison, there to remain until the close of the examination, or the giving of the required undertaking; except that the judge may direct the sheriff to produce him, from time to time, as required in the course of the proceedings. Co. Proc., part of § 292, subd. 4, am'd. 2441. Order to examine person having property, etc., of judgment debtor. Upon proof, by affidavit, or other competent written evidence, to the satisfaction of the judge, that an execution against property has been issued, as prescribed in section 2458 of this act, and either that it has been returned wholly or partly unsatisfied, or that it has not been returned; and also that any person or corporation has personal property of the judgment debtor, exceeding ten dollars in value, or is indebted to him in a sum exceeding ten dollars; the judgment creditor is entitled to an order, requiring that person or corporation to attend and be examined concerning the debt, or other property, at a time and place specified in the order. The judge may, in his discretion, require notice of the subsequent proceedings to be given to the judgment debtor, in such a manner as he deems just. But a receiver shall not be appointed without such a notice, except as otherwise prescribed in article second of this title. Co. Proc., § 294. See § 2458, post. {2442. Either order may require attendance before a referee. An order, requiring a person to attend and be examined, made pursuant to any provision of this article, must require him so to attend and be examined, either before the judge to whom the order is returnable, or before a referee designated therein. Where the examination is taken before a referee, he must certify, to the judge to whom the order is returnable, all the evidence and the other proceedings taken before him. Id., § 296. § 2443. Reference may be ordered at any time. At any stage of the proceedings, the judge to whom the order is returnable may, in his discretion, make an order, directing that any other examination, or testimony, be taken by, or that a question arising Le referred to, a referee, designated in the order. Where a question is so referred, the referee may be directed to report either the evidence or the facts. Id., § 300. § 2444. Proceedings upon examination; adjournment. Upon an examination under this article, each answer of a party or witness examined must be under oath. A corporation must attend by, and answer under the oath of, an officer thereof; and the judge may, in his discretion, specify the officer. Either party may be examined as a witness, in his own behalf, and may produce and examine other witnesses, as upon the trial of an action. The judge or referee may adjourn any proceedings, under this article, from time to time, as he thinks proper. Substituted for Co. Proc., §§ 292 and 296, or such parts thereof as relate to examinations. § 2445. Referee to be sworn. Unless the partics expressly waive the referee's oath, a referee, appointed as prescribed in this article, must, before entering upon an examination, or taking testimony, subscribe and take an oath, that he will faithfully and fairly discharge his duty upon the reference, and make a just and true report, according |