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making the statements or inventory fuller and in greater detail than as originally filed, with the like effect as though said petition and schedules had been originally presented and filed as amended. In effect April 4, 1894 ; L. 1894, eh. 258.
$ 2428. Application for final order.- Where the hearing is before a referee, a motion for a final order must be made to the court, upon notice to each person who has made himself a party to the proceedings, by filing with the clerk, before the close of the hearing, a notice of his appearance, in person or by attorney, specifying a post-office within the State, where such a notice may be served. The notice may be served as prescribed in this act, for the service of a paper upon an attorney in an action. Where the hearing was before the court, a motion for a final order may be made immediately, or at such a time and upon such a notice, as the court prescribes. New.
§ 2429. [Amended, 1895.] Final order.—Upon an application for a final order, if it appear to the court, in a case specified in section 2419 of this act, that the corporation is insolvent, or, in a case specified either in that section, or in section 2420 of this act, that, for any reason, a dissolution of the corporation will be beneficial to the interests of the stockholders, not injurious to the public interests, the court must make a final order, dissolving the corporation, and appointing one or more receivers of its property. Upon the entry of the order, the corporation is dissolved. The court may, in its discretion, appoint a director, trustee or other officer, or a stockholder of the corporation, a receiver of its property. In a proceeding for the voluntary dissolution of a corporation the court may, in the furtherance of justice, upon notice to the attorney-general, and the attorney-general not objecting, and upon such further notice to creditors or others interested as the court shall direct, which notice may be made by mail upon all persons and corporations not residing or existing within the State, relieve a receiver from any omission, defect or default, in any proceeding or act required by law to be taken or done, or in the giving of any notice required by law to be given, and the court may, upon like notice, confirm any act of a receiver, and any decision, report, order or judgment made in such proceeding,
In effect Sept. 1, 1895; L. 1895, ch. 175. Id., 22 65 and 66, as amended; L. 1876. New Amsterdam Savings Bank . Tarter, 4 Abb. N. C. 15; Matter of Le Blanc, id. 221; Chamberlain v. Greenleaf, id. 178; Palmer Clark, id. 25; Ritterband v. Baggett, id, 67; Matter of Guardian Mutual Life Ins. Co., 13 Hun, 115; Matter of Crosby and Day, 16 id. 291: Whittlesey v. Delaney, 73 N. Y. 571; Whittlesy v. Franz, 74 id. 456; Matter of French Manufacturing Co., 12 lun, 488; Kincald 2. Dwinelle, 59 N. Y. 549; S. C., 5 J. & Sp. 326; Chamber lain v. Rochester Seamless Paper Vessel Co., 7 lun, 557 ; Matter of Bowery Bank, 16 How. 56; s. c., 5 Abb. 415; Matter of the Eagle Iron Works, 8 Paige, 380; 8. c.,': Elw. Ch. 385; Hottman v. Van Nostrand, 42 Barb. 174 ; 8. C., 28 How. 115; Barclay v. Talman, 4. Edw. Ch. 123 ; Tisher v. Raab, 57 How. 87 ; Ex parte Woven Tape Shirt Co., 8 Hun, 608; Frothingham v. Barney, 6 id. 366.
$ 2430. Certain sales, etc., void.- A sale, assign. ment, mortgage, conveyance, or other transfer, of any property of a corporation, made after the filing of a pe
tition 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 tho creditors of the corporation.
Id., $ 70. Matter of Waterbury, 6 Paige, 380 ; Matter of Berry, 26 Barb. 53; Matter of Eagle Iron Works, 3 Edw. 385; Chamberlain v. Rochester S. P. V. Co., 7 Hun, 537 ; Sands v. Hill, 55 N. Y. 18.
$ 2431. (Amended 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 legislaiure, 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.
TITLE XII. Proceedings supplementary to an execution against
ARTICLE I. Proceedings to compel an examination of the judgment
debtor, and ot his debtor or bailee. 2. The receiver.
PROCEEDINGS TO OMPE AN EXAMINATION OF THE JUDGMENT DEBTOR, AND OF HIS DEBTOR OR BAILIE.
SEO. 2432. The different remedies under this title.
2433. Nature of the remedies. Review of orders.
Sec. 2443. Reference may be ordered at any time.
2444. Proceedings upon examination, adjournment.
must have issued. 2459. In what county judgment, debtor, his bailee, etc., must at.
tend. 2460. No person excused from answering on the ground of fraud. 2461. Proceedings where judgment is against joint debtors. 2462. Proceedings commenced before one judge may be continued
before another. 2463. Cases where this chapter is not applicable; what property
cannot be reached.
§ 2432. The different remedies under this title. This title provides for three distinct remedies, as fol. lows :
1. An order made or a warrant issued against a judg. ment debtor, after the return of an execution.
2. An order made, or a warrant issued against a judga ment debtor, after the issuing and before the return of an execution.
3. An order, made after the issuing, and either before or after the return, of an execution, against a 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 either subdivision first or subdivision second.
New in form. Crouse v. Wheeler, 33 How. 337; Union Bank o. Sar geant, 53 Barb.422; 37 How.87; Mallory v. Gulick, 15 Abb. 307 n; Gould a Torrance, 19 How. 560; Sluyter v. Smith, Sup.Ct., Feb. 1858; O'Neil o. Martin, l'E. D. Smith, 404; Holstein v. Rice, 15 Abb. 307; 8. C., 24 How. 133; Hawes v. Barr, 7 Rob. 452; Crouse v. Whipple, 34 How. 333; Davis 0. Turner, 4 id. 190; Bank of Gennesee v. Spencer, 15 id. 14; People ex rel. v. Oliver, 66 Barb. 570; Dresser v. Van Pelt, 15 How. 19; 6 Duer, 687 : Billing v. Vandenburgh, 17 How.80; Miller v. Rossman, 15 id. 510; Webo ber v. Hobbie, 13 id. 382; Lynch v. 'Johnson, 48 N. Y. 27; Griffin v. Doo minguez, 2 Duer, 656; 11 N.Y. Leg. Obs. 285; Carter v. Clarke, 7 Rob. 4?: Orr's Case, 2 Abb. 457 ; Myers' Case, id. 476; Driggs v. Williams, 1510 477 ; Sandford v. Carr, 2 id. 462; Lilliendahl v. Feliurman, 11 How. 528
$ 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.
New. Griffin v. Dominguez, 2 Duer, 656 ; Miller v. Rossman, 15 How. Pr. 10; Dresser v. Van Pelt, id. 19; Bank of Gennesee v. Spencer, id.412; Billing v, Vandenburgh. 17 in. 80; Seely v. Black, 35 id. 369; Driggs v. Williams, 15 Abb. Pr. 477; Holstein v. Rice, id. 307; West Side Bank v. Pugsley, 47 N. Y. 368; Ward v. Roy, 69 iu. 96; Amore v. La Mothe, 5 Abb. N. C. 146; Carter v. Clark, 7 Rob.43; Orr's Case, 2 Abb. 458 ; Davis 0. Turner, 4 How. 190; Myers' Case, 2 Abb. 476;, Crounse v.Whipple, 34 How. 333; Bank of Gennesee v. Spenser, 15 id. 14; O'Neil v. Martin, I E. D. Smith, 404; Hulsaver v. Wiles, 11 How. 446.
§ 2434. [Amended, 1895.] 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 aftidavit, 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 lie 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.
In effect Jan. 1, 1896; L. 1895, ch. 946.
0., 37 Barb. 34, reversed on other grounds; Terry v. IIultz, 8 Abb. N. S. 109; 8. C., 39 How. 169: People ex rel. v. Oliver, 66 Barb, 570; Hulsaver v. Wiles, 11 Ilow. 446; Wilson v. Andrews, 9 id. 39; Miller v. Rossman, 15 id. 10; Billing v. Vandenburgh, 17 id. 80'; Dresser v. Van Pelt, 15 id. 19; 8. C., 6 Duer, 687; Miller v. Adams, 52 N. Y. 409; People ex rel. Dutcher, 3 Abb. N. S. 151; Allen o. Starring, 26 How, 57; Holbrook v. Orgler, 49 id, 289,
$ 2435. Order to examine judgment debtor after return of execution. — At any time within ten years after the return, wholly or partly unsatisfied, of an exe. cution against property, issued upon a judgment, as prescribed in section 2458 of this act, the judgment creditor, upon proof of the facts, by affidavit, or other compe. tent written evidence, is entitled to an order, requiring the judgment debtor to attend and be examined con. cerning his property, at a time and place specified in the order.
Code of Proc., % 292. Storrs v. Kelsey, 2 Paige, 418; Tyler v. Whitney. 12 Abb. 465; 33 Barb, 327; Livingston 1. Cleveland, 5 How. 396; Engle 1. Bonneau, 2 Sandf. 679; Cavanau v. McAndrew, 20 Hun, 46; Collier v. De Revere, 7 id. 61; Orr's Case, 2 Abb. 457; Ross v. Clussman, 3 Sandf. 676 ; Krill '0. Cornmeyer, 56 How. 276; Frederick v. Decker, 18 id. 96; Scott v. Durfee, 59 Barb. 390, note; Walker v. Donovan, 6 Daly, 552; Amore v. La Mo he, 5 Abb. N. C. 146; Pardee_v. Tilton, 20 Hun, 76; 58 How, 476; Griffin v. Dominguez, 2 Duer, 656 ; Thompson v. Sargeant, 15 Abb. 452; Lederer v. Erenfeli, 4 How. 403; Johnson v. Tuttle, 17 Abb. Pr.315; People ex rel. Oliver, 66 Barb.570 ; Anonymous, 32 id. 201; Butts v. Dickinson, 20 How. 230 ; 12 Abb. 60 ; Sluyter v. Smith, Super.Ct., Feb. 1868; Blydenburgh v. Cotheal, 5 How. 200; Sperling v. Levy, 10 Abb. 426; Tyler v. Whitney, 12 id. 465; 33 Barb. 327; Forbes v. Waller, 25 N. Y.430; Farqnaharson v. Kimball, 9 Abb. 335, (n); 18 llow. 33; Sackett v. New ton, 10 How. 560; Carter v. Clarke, 7 Rob. 490 ; De Comeau v. People, id. 498; Lindsay v. Sherman, 5 How. 308; llawes v. Barr, 7 Rob.452; Hott v. Kohlin, 1 C. R. N. S. 232; Kennelly v. Ward, 10 Abb. 62; Kennedy v. Thorp, 3 Abh. N. S. ; Reynolds v. McElhone, 20 How. 454; Bingham 0. Disbrow, 14 Abb. 251; 37 Barb. 24 ; 5 Trans. App. 198; Whitlock'y Case, I Abb. 320, Schanck v. Conover, 56 How. 137 ; Day v. Brosnan, 6 Abb.N.C. 312; Arctic F. Ins. Co.v. Ilicks, 7 Abb.204; Hulsaver v. Wiles, 11 How. 446; Kelty v. Yerby, 31 id. 95; Shults v. Andrews, 54 id. 376; Dresser v. Van Pelt, 15 , 19; Bank of Savings v. Hope, 8 Week. Dig. 452; First Nat. Bank v. Deering, 8 id. 261; Grocers' Bank v. Bayard, 10 id. 124 ; Irwin v. Chambers, 40 N. Y. 432; Gaylord v. Jones, 7 Jun, 480; Brockway v. Brien, 37 How. 270; Belknap v. Hasbrouck, 13 Abb. 418; Sale v. Lawson, 4 Sandf. 718; Courtois v. Harrison, i Hilt. 109; Union B'k of Troy_v. Sergeant, 53 Barb. 422; World Co. v. Brooks, 7 Abb. N. S. 712; Driggs v. Williams, 15 Abb. 477 : Smith v. Paul, 20 lIow. 97: Lindsay v. Sherman, 5 id. 603 : Arnoux v. Homans, 32 11. 382; Wolf v. Jacobs, 38 N. Y. Super. Ct, 408; see Owen v. Dupignac, 9 Abb. Pr. 180.
$ 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 judgment creditor, upon proof, by affidavit, or other competent written evidence, that the judgment debtor has property, which he unjustly re. fuses to apply towards the satisfaction of the judgment,