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be filed in the office of the clerk of the county, wherein the judgment-roll in the action is filed; or, if the special proceeding is founded upon an execution issued out of à court, other than that in which the judgment was rendered, in the office of the clerk of the county, wherein the transcript of the judgment is filed. Id., part of 6 298. Genner v. Hepburn, 6 Law Bulletin, 29.
§ 2468. When property is vested in receiver--The property of the judgment debtor is vested in a receiver, who has duly qualified, from the time of filing the order appointing him, or extending his receivership, as the case may be ; subject to the following exceptions:
1. Real property is vested in the receiver, only froma the time when the order, or a certified copy thereof, as the case may be, is filed with the clerk of the county where it is situated.
2. Where the judgment debtor, at the time when the order is filed, resides in another county of the State, his personal property is vested in the receiver only from the time when a copy of the order, certified by the clerk in whose office it is recorded, is filed with the clerk of the county where he resides.
Id., & 298. Dubois v. Cassidy, 75 N. Y. 298; Wing v. Disse, 15 Hun, 190; Ritterband v. Baggett, 4 Abb. N. C. 67; Manning v. Evans, 19 Hun. 600; McEwen v. Brewster, id. 337; Underwood v. Sutcliff, ct. app., Apr. 1879, 20 Alb. L. J. 52; Griswold v. Tomkins, 7 Daly, 214; Lanigan v. New York, 70 N. Y. 451; Scroggs v. Palmer, 68 Barb. 505 ; Banks . Potter, 21 How. 469; Morgan v. Potter, 17 Hun, 403; Johnson v. Martin, IT. & C. 504 ; Conger v. Sands, 19 How. 8; Lottimer v. Lord, 4 E. D. Smith, 183; Wilson v. Allen, 6 Barb. 542; Clan Ronald v. Wyckoff, 41 N. Y. Super. 527; Fenner v. Sanborn, 37 Barb. 610; Barnes v. Morgan, 3 Hun, 703; People v. Hulbert, 5 liow. 446; Reed v. Champagne, 5 Week. Dig. 227 ; Ball v. Goodenough, 37 How. 479; Bostwick v. Menck, 40 N. Y. 383 ; Seymour v. Wilson, 15 How. 355; Porter v. Williams, 5 Sheld. 142; Thorn v. Fellows, 5 Week. Dig. 473; Fennin v. Malloy, 33 N. X. Super. Ct. 382; Cooney v. Cooney, 65 Barb. 524; Wood v. Robinson, 22 N, Y. 564; Gardner v. Smith, 29 Barb. 68; Palen v. Bushnell, 18 Abb. 301; Fessenden v. Wood, 3 Bosw. 550; Andrews v. Glenville Wool Co., 11 Abb. N. 8. 78; Van Rensselaer v. Emery, 9 How. 135; Lowry v. Smith, 9 Hun, 514; Wardell v. Leavenworth, 3 Edw. 244; Dickerson v. Van Tine, i Sandf. 724; Branch v. Harrington, 49 How. 196 ; Baker 0. Van Epps, 58 id. 401 ; Matter of Wilds, 6 Abb. N. C. 307 ; Smith v. Clarke, 1 Law Bulletin, 83; Rockwell v. Merwin, 45 N. Y. 166; Scroggs v. Palmer, 69 Barb. 505; Richards v. Allen, 3 E. D. Smith, 399; Tyler 0. Whitney, 12 Abb. 465, 33 Barb, 327; Livingston v. Stæsel, 3 Bosw. 19; Union Bank of Troy v. Sargent, 53 'Barb. 422 ; Weyman v. Childs, 44 id $03.
$ 2469. How receiver's title to personal property extended by relation. Where the receiver's title to personal property has become vested, as prescribed in the last section, it also extends back by relation, for the
benefit of the judgment creditor in whose behalf the special proceeding was instituted as follows:
1. Where an order, requiring the judgment debtor to attend and be examined, or a warrant, requiring the sheriff to arrest him and bring him before the judge, has been served, before the appointment of the receiver, or the extension of the receivership, the receiver's title extends back, so as to include the personal property of the judgment debtor, at the time of the service of the order or warrant.
2. Where an order or warrant has not been served, as specified in the foregoing subdivision, but an order has been made, requiring a person to attend and be ex. amined, concerning property belonging, or a debt due, to the judgment debtor, the receiver's title extends to the personal property belonging to the judgment debtor, which was in the hands, or under the control, of the person or corporation thus required to attend, at the time of the service of the order; and to a debt then due to him from that person or corporation.
3. In every other case where notice of the application for the appointment of the receiver was given to the judgment debtor, the receiver's title extends to the personal property of the judgment debtor, at the time when the notice was served, either personally or by complying with the requirements of an order, prescribing a substitute for personal service.
4. Where the case is within two or more of the foregoing subdivisions of this section, the rule most favorable to the judgment creditor must be adopted.
5. [Added, 1892.] No person shall be appointed a receiver in this State who is not a resident thereof, nor shall any person continue to act as receiver after he ceases to be a resident thereof, and the judgmeat creditor may apply to the court or judge that appointed such receiver," within thirty days after said receiver ceases to be a resident of this State, for the appointment of another person in his place, upon such notice to the persons interested as the court or judge may direct. (In effect Sept. 1, 1892.]
But this section does not affect the title of a purchaser in good faith, without notice, and for a valuable consideration; or the payment of a debt in good faith, and without notice.
New Chautauqua Co. Bank v. White, 6 N. Y. 236; Chautauqua Co. Bank v. Risley, 19 id. 369; Campbeil v. Genet. 2 lit. 290; Caton v. Southwell, 13 Barb. 325; Sands 2. Roberts, 3 Abb. Pr. 313; Woodman v. Goodenough, 18 il. 265; Gerregani v. Weelright, 3 Abh. N. S. 261; Ata kinson v. Lewine, 11 id. 381; Potter v. Low, 16 How. Pr. 519; Graff v. Bonnett, 25 id. 470.
$ 2470. County clerk to record orders, etc. ; penalty for neglect.-Each county clerk must keep in his office a book, indexed to the names of the judgment debtors, styled " book of orders appointing receivers of judge ment debtors”. A county clerk, in whose office an order
or a certified copy of an order is filled, as prescribed in section 2467 or section 2468 of this act, must imme diately note thereupon the time of filing it, and, as soon as practicable, must record it, in the book so kept by him. He must also, upon request, furnish forthwith to any party or person interested, one or more certified copies thereof. For each omission to comply with any provision of this section, a county clerk forfeits, to the party aggrieved, two hundred and fifty dollars, in ad. dition to all damages sustained by reason of the omission. Code of Proc., & 298; see %1247 and 1248, ante.
$ 2471. Recelver to be subject to control of court A receiver, appointed as prescribed in this article, is subject to the direction and control of the court out of which the execution was issued. Where an order has been made, extending a receivership to a special pro ceeding founded upon a subsequent judgment, the con. trol over, and direction of, the receiver, with respect to that judgment, remain in the court to whose control and direction he was originally subject.
$ 2471a. Delivery of books and papers, how enforced.-A. public officer may demand from any person in whose possession they may be, a delivery to such oficer of the books and papers belonging or appertaining to such office. If such demand is refused, such officer may make complaint thereof to any justice of the supreme court of the district, or to the county judge of the county in which the person refusing resides. If such justice or judge be satisfied that such books or papers are withheld, he shall grant an order directing the person refusing to show Cause before him at a time specified therein, why he should not deliver the same. At such time, or at any time to which the mat. ter may be adjonrned, on proof of the due service of the order, such justice or judge shall proceed to inquire into the circum. stances. If the person charged with withholding such books or papers makes affidavit before such justice or judge that he has delivered to the officer all books and papers in his custody which, within his knowledge, or to his belief belong or appertain thereto, such proceedings before such justice or judge shall cease, and such person be discharged. If the person complained against shalt uot make such oath, and it appears that any such books or papers are withheld by him, such justice or judge shall commit him to the county jail until he delivers such books and papers, or is otherwise discharged according to law. On such commitment. such justice or ju ige, if required by th- complainant, shall also 188uo his warra it directed to any sheriff or constable, commanding him to search, in the daytime, the places d signated therein, for such books and papers, and to bring them before such justice or judge. If any such books and papers are brought kefore him by virtue of such warrant, he shall deiermine whether they appertain to such cffice, and if soshall cause them to be delivered to the complainant.
* Adued Laws 1893, ch. 179; in effect March 22, 1893.
1.- ORGANIZATION, JURISDICTION, AND
POWERS OF THE COURT. DUTIES,
II.-PROVISIONS RELATING GENERALLY TO
THE PROCEEDINGS IN SURROGATES
TITLE III.GRANTING AND REVOKING PROBATE,
LETTERS TESTAMENTARY, AND LET-
TITLE IV.-PROCEEDINGS BY OR AGAINST AN EX
ECUTOR OR ADMINISTRATOR, TOUCHING
MENT OF THE ESTATE.
V.-DISPOSITION OF THE DECEDENT'S REAL
PROPERTY, FOR THE PAYMENT OP
AND FUNERAL EXPENSES,
TITLE VI.-- PROVISIONS RELATING
TITLE VII.-PROVISIONS RELATING TO A GUARDIAN.
Organization, jurisdiction, and powers of the court
Duties, porders, and disabilities of the surrogate, and the officers of the court. Miscellaneous provisions.
ARTICLE 1. Jurisdiction of the court, and authority of the surrogate.
2. General duties and disabilities of the surrogate, or temporary
JURISDICTION OF THE COURT, AND AUTHORITY OF THE
Sec. 2472. General furisdiction of surrogate's court.
2473. Presumption of jurisdiction.
2482. This chapter applicable to previous wills, etc. $ 2472. General jurisdiction of surrogate's court. Each surrogate must hold, within his county, a court, which has, in addition to the powers conferred upon it, or upon the surrogate, by special provision of law, jus risdiction, as follows:
1. To take the proof of wills; to admit wills to pro. bate ; to revoke the probate thereof; and to take and revoke probate of heirship.
2. To grant and revoke letters testamentary and let. ters of administration, and to appoint a successor in place of a person whose letters have been revoked.
3. To direct and control the conduct, and settle the accounts, of executors, administrators, and testamentary trustees ; to remove testamentary trustees, and to appoint a successor in place of a testamentary trusteo so removed.
4. To enforce the payment of debts and legacies; the distribution of the estates of decedents; and the pay ment or delivery, by executers, administrators, and ton.