ed, a statement that such consent has been given, and a copy of the consent or a certified transcript of the record of the meeting at which it was given, shall be annexed to the petition.

9. A demand for leave to mortgage, lease or sell the real estate described.

The petition shall be verified in the same manner as a verified pleading in an action in a court of record.

§ 3392. Upon the presentation of the petition, the court may imnediately proceed to hear the application, or it may, in its discretion, direct that notice of the application shall be given to any person interested therein, as a member, stockholder, officer or creditor of the corporation or association, or otherwise, in which case the application shall be heard at the time and place specified in such notice, and the court may in any case appoint a referee to take the proofs and report the same to the court, with his opinion thereon.

§ 3393. Upon the hearing of the application, if it shall appear, to the satisfaction of the court, that the interests of the corporation or association will be promoted thereby, an order may be granted authorizing it to sell, mortgage or lease the real property described in the petition, or any part thereof, for such sum, and upon such terms as the court may prescribe, and directing what disposition shall be made of the proceeds of such sale, mortgage or lease.

Any person, whose interests may be aff. cted by the proceeding, may appear upon the hearing and show cause why the application should not be granted.

§ 3394 If the corporation or association is insolvent, or its property and assets are insufficient to fully liquidate its debts and liabilities, the application shall not be granted, unless all the creditors of the corporation have been served with a notice of the time and place at which the alppication will be heard.

§ 3395. Service of notices, provided for in this title, may be made either personally, or, in case of absence, by leaving the same at the place of residence of the person to be served, with some person of mature age and discretion, at least eight days before the hearing of the application, or by mailing the same, duly enveloped and addressed and postage paid, at least sixteen days before such hearing.

§ 3396. In all applications made under this title, where the mode or manner of conducting any or all of the proceedings thereon are not expressly provided for, the court before whom such application may be pending, shall have the power to make all necessary orders and give the proper directions to carry into effect the object and intent of this title, or of any act authorizing the sale of corporate real property, and the practice in such cases shall conform, as near as may be, to the or dinary practice in such court.

§ 3397. This title shall take effect May first, one thousand eight hundred and ninety, and shall not affect any proceeding previously Commenced.

INDEX OF FORMS.

numbers refer to the sections of the Code of Civil Proced

Writ of certiorari, 2022.

Writ of habeas corpus, 2021.

Insolvent debtor's affidavit, 2163, 2191.

Imprisoned debtor's affidavit, 2204.

Juror's oath before justice of the peace, 2998.

Witness's oath before justice of the peace, 3000.

Constable's oath in justice's court, 3006.

Of actions at law and anits in equity are abolished, R.

[648]

Y

INDEX.

The numbers refer to the sections of the Code of Civil Procedure.]

A.

ABANDONMENT-of action, 821, 822; of appeal, 1296-1290.
ABATEMENT-none by vacancy in judges' office, etc. 25.

failure or adjournment of court, 44.

if cause of action survives, 755.

on death or marriage, 761, 762.

by death after verdict, etc. 764.

by death of public officer, trustee, etc. 766.

of appeal, 1297, 1299.

of action of ejectment, 1521.

id.; action to be divided, after death of party, when, etc. 1523, 1528.
and revival of action for chattel, 1736.

of action by executor or administrator, 1828.

action, etc., not to abate on account of change of name of defendant, amend

ment, etc. 2417.

ABBREVIATIONS-in process, etc. 22.

ABSENCE effect on limitations of actions, 891, 401.

designation of person on whom to serve summons, 480.

ground for service by publication, etc. 435, 438.

for attachment, 636.

presumption of death, 841.

of witness to will must be accounted for, before testimony dispensed with, on
probate of will, 2619.

id.; proof of handwriting of testator, when admitted, 2620.

testimony taken upon probate of will may be used on hearing for revocation of
probate, when witness absent from the State, 2651.

ABSENTEE-temporary administrator for, 2670. (See ADMINISTRATOR, TEMPO-
RARY, 2670.)

ACCOUNT-when cause of action accrues on, 386.

how pleaded; demand of copy of, 531.
discovery and inspection of, 803-809.

subpoena duces tecum, 867.

reference, 1013.

of sale, etc., of real estate of infants, etc. 2361.

"judicial settlement of," and "intermediate," in surrogate's court, 2514.

decree settling, in surrogate's court, 2551.

when justice of the peace has jurisdiction in action on, 2863.

pleading in action on account in justice's court, 2941.

party may be compelled to exhibit, in such court, 2942.

judgment in justice's court when accounts exceed $400, 2950.

action in justices' courts of Albany and Troy, when accounts exceed $400, 8288
clerk of court of appeals to render account of fees, 8288.

id.; as to justice of the peace in Brooklyn, 3118.

ACCOUNT-continued.

id. as to clerks of certain courts of New York and Brooklyn, 3284.

id.; as to certain county clerks and registers, 3285.

what fees are to be accounted for by officer, 3286.

ACCOUNT OF TESTAMENTARY TRUSTEE-intermediate accounting by, 2802.
id.; when, may be compulsory, 2803.

judicial settlement of, how compelled, 2807.

id.; who may apply therefor; proceedings thereupon, 2808, 2809.

id.; on petition of such trustee, 2810.

id.; certain provisions as to settlement of, 2811.

ACCOUNT OF GUARDIAN-settlement of, may be allowed; voluntary, 2835.
ward or new guardian may require, 2837.

to be made and filed yearly in surrogate's office, 2842.

affidavit to be annexed thereto, 2843.

must be annually examined by surrogate, 2844.

proceedings when such account, etc., defective, 2845.
when judicial settlement of, may be compelled, 2847.
id.; as to guardian of person, 2848.

when guardian may compel settlement of, 2849.

citation and proceedings thereupon, 2850.

certain provisions relative to, 2850.

appointed by will or deed, intermediate, may be required, 2855.

affidavit thereto; examination thereof; proceedings when defective, 2855.

when surrogate may compel settlement of, by deed or will, 2856.

proceedings thereon, same as when guardian appointed by surrogate, 2856.
effect of decree for such settlement, 2857.

ACCOUNT OF EXECUTOR OR ADMINISTRATOR, SETTLEMENT OF―addi-
tional allowance on, 2562.

by executor or deceased executor, 2606.

application for settlement of, on petition of executor, etc., 2689.

proceedings thereupon, 2690.

neglect to appear on citation ground for revocation of letters, 2691.
decree on, when may award relief, 2724.

intermediate accounting, when voluntary, 2725.

id.; when compulsory, 2725.

when surrogate may require settlement of account, 2726.

who may apply for accounting; citation thereupon, 2727.

order to account; supplemental citation, 2727.

person cited may bring in other parties; proceedings thereupon, 2727.
executor, etc., may petition for settlement; citation thereupon, 2728.
hearing, 2728.

creditor, etc., not cited, may contest, 2728.

executor whose letters have been revoked may petition, 2728.
affidavit to be annexed to account, 2729.

vouchers to be produced; proceedings in case of lost voucher, 2729.
accounting party to be examined, etc., 2729.

account of executor, etc., may at any time be ordered filed, 2729.
compensation of several executors or administrators, 2730.

when compensation not allowed, 2730.

one compensation allowed on different letters, 2730.

surrogate may determine certain claims; hearing of contest, 2781.
effect of the statute of limitations on such claims, 2731.

surrogate may allow for property lost, etc., 2729.

order of distribution, 2732.

advancements, 2733.

estates of married women, 2734

effect of judicial settlement of account, 2742.

decree for payment and distribution, 2743.

id.; when specific property may be delivered, 2744.

id.; when money may be retained,2745.

id.; share of infant, 2746.

legacy, etc., to unknown person; claims thereto, 2747.
when legacy, etc., to be paid to county treasurer, 2748.
executor, etc., may be compelled to render account, 2753.
ACKNOWLEDGMENT-under statute of limitations, 376, 395.
of bond or undertaking, 810.

when evidence, 935-937.

of assignment of judgment, 1262.

ACTIONS-not abated by vacancy in judge's office, 25.

stipulation to try elsewhere than at court-house, when, 37.
continuing trial beyond term, 45.

when deemed commenced, 398-400, 417.

ACTIONS-continued.

consolidation, 817-819.

severance of, 456, 511, 1205, 1220.

on undertaking given on injunction, 625.

on undertaking given on appeal, 1309.

to recover attached property, etc. 655, 677, 680.

time for commencement or continuance cannot be extended, 784.

against one or more defendants after several judgment against others, 1205.
to recover property levied upon, 1420.

to recover back purchase price of execution sale, 1479, 1480.

not allowed on mortgage debt, except, etc. 1628-1630.

for money only, not affected by provisions as to nuisance, 1663.

against guardian, etc., holding over, etc.; damages therein, 1664.

for real property, when infant may maintain, 1686.

on undertaking in aetion for chattel, when maintainable, 1733.

for suing, etc., in name of another, 1900.

for causing death by negligence may be brought by executor, 1908.
for slander of a woman by imputing unchastity, 1906.

when, for libel cannot be maintained, 1907-1908.

by transferee of claim, 1909.

upon judgment regulated, 1913.

ancillary, for discovery abolished, 1914.

upon a pena! bond, 1915.

by surety or trustee, to recover costs, 1916.

upon lost negotiable paper, 1917, 1918.

by tax payer, against a public officer, 1925.

by and against certain county, town, and municipal officers, 1926-1931.
to charge joint debtors not personally served with summons, 1937-1941.
composition by one joint debtor; effect of, etc. 1942-1944.
against persons engaged in transporting passengers, etc. 1945.
may be maintained against partner, not joined as defendant in, 1946.
certiorari cannot issue to court of record or judge thereof, 2121.
for damages by person dispossessed by summary proceedings, 2263.
by person wrongfully evicted from real property, 2318.

to compel conveyance of real property of lunatic, infant, etc. 2345-2347.
against party revoking, to recover costs, etc., of arbitration, 2384, 2385.
on undertaking on appeal from surrogate's court, when not brought, 2575
on bond of executor, etc., for money received in any capacity, 2596-2609.
temporary administrator, how far may maintain or defend, 2675.
time of pendency of, between creditor and executor, etc., extended, 2751.
for reimbursement from after-discovered property, after sale, etc. 2801.
definition of, as used in the new revision, 3333.

division of actions into civil and criminal, 3335.
definition of criminal action, 3336.

id.; of civil action, 3337.

parties to civil action how styled, 3338.

distinction between actions at law and suits in equity abolished, 8339.

application of provisions concerning commencement of action, 3347, 8348.
proceedings rightfully taken in, not affected by this act, 3352.

by or against unincorporated association. (See ASSOCIATION.)

by or against corporation. (See CORPORATION.)

for proceedings, etc., in action for divorce and for separation. (See DIVORCE |
SEPARATION.)

for proceedings, etc., in action to annul marriage. (See MARRIAGE.)

pendency of. (See NOTICE OF PENDENCY OF ACTION.)

in behalf of the people. (See PEOPLE OF THE STATE; ATTORNEY-GENERAL.)
for public funds converted. (See PUBLIC FUNDS.)

to establish wills. (See WILL.)

against next of kin, heirs, etc., of deceased debtor. (See CREDITOR.)

ACTION FOR A CHATTEL-certain writs abolished, 1688.

when, may be maintained, 1689.

when cannot be maintained, 1690.

second, cannot be maintained after judgment against plaintiff, etc. 1691.
when, may be maintained by assignee, 1692.

jurisdiction, etc., when replevin precedes summons, 1698.

when plaintiff in, may require sheriff to replevy, 1604.

requisites of affidavit for replevin, in, 1695, 1696.
id.; where several chattels are to be replevied, 1097.
provision where part only of chattels is replevied, 1698.
requisites of plaintiff's undertaking for replevin, 1699,
duty of sheriff in replevying chattel, 1700.