five dollars and the execution must have been issued out of a court of record; and, either,

1. To the sheriff of the county where the judgment debtor has, at the time of the commencement of the special proceeding, a place for the regu lar transaction of business in person; or,

2. If the judgment debtor is then a resident of the State, to the sheriff of the county where he resides; or,

3. If he is not then a resident of the State, to the sheriff of the county where the judgment-roll is filed; unless the execution was issued out of a court, other than that in which the judgment was rendered, and, in that case, to the sheriff of the county where the transcript of the judgment is filed.

2459. If the judgment debtor, or other person, required to attend and be examined, as prescribed in this article, or the officer of a corporation, required to attend in its behalf, is, at the time of the service of the order upon him, a resident of the State, or then has an office, within the State, for the regular transaction of business in person, he cannot be compelled to attend, pursuant to the order, or to any adjournment, at a place without the county wherein his residence or place of business is situated.

§ 2460. [am'd 1881.] A party or a witness, examined in a special proceeding, authorized by this article, is not excused from answering a question, on the ground that his examination will tend to convict him of the commission of a fraud; or to prove that he has been a party or privy to, or knowing of, a conveyance, assignment, transfer or other disposition of property for any purpose; or that he or another person claims to be entitled as against the judgment creditor, or a receiver appointed or to be appointed in the special proceeding, to hold property, derived from or through the judg ment debtor, or to be discharged from the payment of a debt which was due to the judgment debtor, or to a person in his behalf. But an answer cannot be used as evidence against the person so answering, in a criminal action or criminal proceeding.

2461. Where the execution was issued as prescribed in section one thousand nine hundred and forty-one of this act, a debt due to, or other personal property owned by, one or more of the defendants not summoned, jointly with the defendants summoned, or with any of them, may be reached by a special proceeding, instituted as prescribed in this article, and founded upon the judgment.

§ 2462. Sections twenty-six, fifty-two, and two hundred and seventy-nine of this act apply to a special proceeding, instituted as prescribed in this article; and the judge before whom it is continued, as prescribed in either of those sections, is deemed to be the judge to whom an order or warrant is returnable, for the purpose of any provision of this or the next article.

§ 2463. [am'd 1886.] This article does not apply where the judgment debtor is a corporation created by or under the laws of the state, or a foreign corporation specified in section one thousand eight hundred and twelve of this act, except in those actions or special proceedings brought by or against the people of the state. Nor does it authorize the seizure of, or other interferences with, any property which is especially exempt by law from levy and sale by virtue of an execution; or any money, thing in action, or other property held in trust for a judginent debtor, where the trust has been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor; or the earnings of the judgment debtor

for his personal services rendered within sixty days next before the institution of the special proceeding; when it is made to appear by his oath or otherwise that those earnings are necessary for the use of a family, wholly or partly supported by his labor.

ARTICLE SECOND.

THE RECEIVER.

§ 2464. When and how receiver may
be appointed.

2165. Notice to other creditors.
2466. Only one receiver to be ap-
pointed. Former receivership
may be extended.

2467. Order to be filed and recorded.

§ 2468. When property is vested in
receiver.

2469. How receiver's title to personal
property extended by relation.
2470. County clerk to record orders,
etc.; penalty for neglect.
2471. Receiver to be subject to con-
trol of court.

S2464. At any time after making an order, requiring the judgment debtor, or any other person, to attend and be examined, or issuing a warrant, as prescribed in article first of this title, the judge to whom the order or warrant is returnable may make an order, appointing a receiver of the property of the judgment debtor. At least two day's notice of the applica tion for the order appointing a receiver, must be given personally to the judgment debtor, unless the judge is satisfied that he cannot, with reasonable diligence, be found within the State; in which case, the order must recite that fact, and may dispense with notice, or may direct notice to be given in any manner which the judge thinks proper. But where the order

to attend and be examined, or the warrant, has been served upon the judgment debtor, a receiver may be appointed upon the return day thereof, or at the close of the examination, without further notice to him.

2465. The judge must ascertain, if practicable, by the oath of the judgment debtor, or otherwise, whether an action, specified in article first of title fourth of chapter fifteenth of this act, or a special proceeding insti tuted as prescribed in article first of this title, is pending against the judg ment debtor. If either is pending, and a receiver has not been appointed therein, notice of the application for the appointment of a receiver, and of all the subsequent proceedings respecting the receivership, must be given, in such a manner as the judge directs, to the judgment creditor prosecuting it,

2466. Only one receiver of the property of a judgment debtor shall be appointed. Where a receiver thereof has already been appointed, the judge, instead of making the order prescribed in the last section but one, must make an order, extending the receivership to the special proceeding before him. Such an order gives to the judgment creditor the same rights, as if a receiver was then appointed upon his application; including the right to apply to the court to control, direct, or remove the receiver, or to subordinate the proceedings in or by which the receiver was appointed, to those taken under his judgment.

2467. An order appointing a receiver, or extending a receivership, must be filed in the office of the clerk of the county, wherein the judgmentroll in the action is filed; or, if the special proceeding is founded upon an execution issued out of a 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.

§ 2468. 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 from 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.

§ 2469. 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 examined, concerning property belonging, or a debt due, to the judgment debtor, the receiver's title extends to personal property, belonging to the judgment debtor, which was in the hands, or under the control, of the person or corporation thus require to attend, at the time of the service of the order; and to a debt then due to him from that person or corpora

tion.

3. In every other case, where notice of the application for the appoinment 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.

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.

2470. 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 judgment debtors." A county clerk, in whose office an order or a certified copy of an order is filed, as prescribed in section two thousand four hundred and sixty-seven or section two thousand four hundred and sixty-eight of this act, must immediately note thereupon on 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 inter. ested, 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 addition to all damages sustained by reason of the ommission.

S2471. A receiver, appointed as prescribed in this article, 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 proceeding founded upon a subsequent judgment, the control over, and direction of, the receiver, with respect to that judgment, remain in the court to whose control and direction he was originally subject.

SURROGATES' COURTS, AND PROCEEDINGS THEREIN. TITLE I. ORGANIZATION, JURISDICTION, AND POWERS OF THE COURT. DUTIES, POWERS, AND DISABILITIES OF THE SURROGATE, AND THE OFFICERS OF THE COURT. MISCELLANEOUS PRO

VISIONS.

TITLE II.-PROVISIONS RELATING GENERALLY ΤΟ THE PROCEEDINGS IN SURROGATES' COURTS, AND TO APPEALS FROM THOSE COURTS. TITLE III-GRANTING AND REVOKING PROBATE, LETTERS TESTAMENTARY, FOREIGN WILLS; ANCIL

AND LETTERS OF ADMINISTRATION.
LARY LETTERS.

TITLE IV.-PROCEEDINGS BY OR AGAINST AN EXECUTOR OR ADMINISTRATOR, TOUCHING THE ADMINISTRATION AND SETTLEMENT OF THE ESTATE.

TITLE

V.-DISPOSITION OF THE DECEDENT'S REAL PROPERTY, FOR THE
PAYMENT OF DEBTS AND FUNERAL EXPENSES. DISTRIBUTION
OF THE PROCEEDS.

TITLE VI.-PROVISIONS RELATING TO A TESTAMENTARY TRUSTEE.
TITLE VII.-PROVISIONS RELATING TO A GUARDIAN.

TITLE I.

Miscellaneous

Organization, jurisdiction, and powers of the court. Duties, powers, and disabilities of the surrogate, and the officers of the court. provisions.

ARTICLE 1. Jurisdiction of the court and authority of the surrogate.

2. General duties and disabilities of the surrogate, or temporary surrogate. 3. Clerks; stenographers; miscellaneous provisions.

ARTICLE FIRST.

JURISDICTION OF THE COURT AND AUTHORITY OF THE SURROGATE.

2472. General jurisdiction of surro

gate's court.

2473. Presumption of jurisdiction. 2474. Jurisdiction not lost by defect in record.

2475. Effect of exercise of jurisdiction. 2476. Exclusive jurisdiction.

2477. Concurrent jurisdiction of two or more surrogates.

$2478. Jurisdiction, how affected by locality of debts.

2479. Jurisdiction in new or altered county.

2480. Id.; transfer of proceedings to proper county.

2481. Incidental powers of the surrogate.

2482. This chapter applicable to previous wills, etc.

2472. 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, jurisdiction, as follows:

1. To take the proof of wills; to admit wills to probate; to revoke the probate thereof; and to take and revoke probate of heirship.

2. To grant and revoke letters testamentary and letters of administration, and to appoint a successor in place of a person whose letters have been revoked.

8. To direct and control the conduct, and settle the accounts, of execu

tors, administrators, and testamentary trustees; to remove testamentary trustees, and to appoint a successor in place of a testamentary trustee so removed.

4. To enforce the payment of debts and legacies; the distribution of the estates of decedents; and the payment or delivery, by executors, administrators, and testamentary trustees, of money or other property in their possession, belonging to the estate.

5. To direct the disposition of real property, and interests in real property, of decedents, for the payment of their debts and funeral expenses, and the disposition of the proceeds thereof.

6. To administer justice, in all matters relating to the affairs of decedents, according to the provisions of the statutes relating thereto.

7. To appoint and remove guardians for infants; to compel the paymen and delivery by them of money or other property belonging to their wards; and, in the cases specially prescribed by law, to direct and control their conduct, and settle their accounts.

This jurisdiction must be exercised in the cases, and in the manner, prescribed by statute.

2473. Where the jurisdiction of a surrogate's court to make, in a case specified in the last section, a decree or other determination, is drawn in question collaterally, and the necessary parties were duly cited or appeared. the jurisdiction is presumptively, and, in the absence of fraud or collusion, conclusively, established, by an allegation of the jurisdictional facts, contained in a written petition or answer, duly verified, used in the surrogate's court. The fact that the parties were duly cited is presumptively proved, by a recital to that effect in the decree.

2474. The surrogate's court obtains jurisdiction in every case, by the existence of the jurisdictional facts prescribed by statute, and by the citation or appearance of the necessary parties. An objection to a decree or other determination, founded upon an ommission therein, or in the papers upon which it was founded, of the recital or proof of any fact necessary to jurisdiction, which actually existed, or the failure to take any intermediate proceeding, required by law to be taken, is available only upon appeal. But, for the better protection of any party, or other person interested, the surrogate's court may, in its discretion, allow such a defect to be supplied by amendment.

§ 2475. Jurisdiction, once duly exercised over any matter, by a surrogate's court, excludes the subsequent exercise of jurisdiction by another surrogate's court, over the same matter, and all its incidents, except as otherwise specially prescribed by law. Where a guardian has been duly appointed by, or letters testamentary or of administration have been duly issued from, or any other special proceeding has been duly commenced in, a surrogate's court having jurisdiction, all further proceedings, to be taken in a surrogate's court, with respect to the same estate or matter, must be taken in the same court.

S2476. The surrogate's court of each county has jurisdiction, exclusive of every other surrogate's court, to take the proof of a will, and to grant let ters testamentary thereupon, or to grant letters of administration, as the case requires, in either of the following cases:

1. Where the decedent was, at the time of his death, a resident of that county, whether his death happened there or elsewhere.

2. Where the decedent, not being a resident of the State, died within that county, leaving personal property within the State, or leaving personal