2. For the services specified in section 2390 of this act.

3. For recording the affidavits; and also, where the property sold is situated in two or more counties, for making and recording the necessary certified copies thereof.

4. For necessary postage and searches.

From 2 R. S. 652, § 4.

§ 2403. Taxation thereof.

The costs and expenses must be taxed, upon notice, by the clerk of the county where the sale took place, upon the request and at the expense of any person, interested in the payment thereof. Each provision of this act, relating to the taxation of costs in the supreme court, and the review thereof, applies to such a taxation.

From Id., § 3.

§ 2404. Surplus money to be paid into supreme court. An attorney or other person who receives any money, arising upon a sale, made as prescribed in this title, must, within ten days after he receives it, pay into the supreme court the surplus, exceeding the sum due and to become due upon the mortgage, and the costs and expenses of the foreclosure, in like manner and with like effect, as if the proceedings to foreclose the mortgage were taken in an action, brought in the supreme court, and triable in the county where the sale took place.

From L. 1868, c. 804, §§ 1, 2, 4; L. 1870, c. 706, § 1.

§ 2405. Claimant of surplus money to file petition.

A person, who had, at the time of the sale, an interest in or lien upon the property sold, or a part thereof, may, at any time before an order is made, as prescribed in the next section but one, file in the office of the clerk of the county, where the sale took place, a petition, stating the nature and extent of his claim, and praying for an order, directing the payment to him of the surplus money, or a part thereof.

From L. 1868, c. 804, § 3.

§ 2406. Application for surplus money.

A person filing a petition, as prescribed in the last section, may, after the expiration of twenty days from the day of sale, apply to the supreme court, at a term held within the judicial district, embracing the county where his petition is filed, for an order, pursuant to the prayer of his petition. Notice of the application must be served, in the manner prescribed in this act for the service of a paper upon an attorney in an action, upon each person, who has filed a like petition, at least eight days before the application; and also upon each person, upon whom a notice of sale was served, as shown in the affidavit of sale, or upon his executor or administrator. But, if it is shown to the court, by affidavit, that service upon any person, required to be served, cannot be so made with due diligence, notice may be given to him in any manner which the court directs.

From Id., 3.

§ 2407. Order for distribution.

Upon the presentation of the petition, with due proof of notice of application, the court must make an order referring it to a suitable person to ascertain and report the amount due to the petitioner, and to each other person, which is a lien upon the surplus money; and the priorities of the several liens thereupon.

Upon the coming in and confirmation of the referee's report, the court must make such an order, for the distribution of the surplus money, as justice requires.

From id., § 3.

§ 2408. [Am'd, 1915.] Limitation of last four sections.

The last four sections do not apply to surplus money, arising upon the sale of real property, of which a decedent died seized, where letters testamentary or letters of administration, upon the decedent's estate, were, within two years before the sale, issued from a surrogate's court within the State, having jurisdiction to sue them.

See L. 1867, c. 658; L. 1870, c. 170; L. 1871, c. 834. Am'd by L. 1915, c. 626 (in effect May 14, 1915).

§ 2403a. [Added, 1909.] Delivery of certain affidavits to purchaser. Each county clerk and register in this state, in whose office, &ffidavits in foreclosure of mortgages by advertisement, or the certified copies thereof, have been or shall be filed and recorded pursuant to the provisions of this title is hereby authorized to deliver the same to the purchaser of the mortgaged property on the foreclosure sale, and such purchaser shall be entitled to such delivery.

From L. 1900, c. 223, § 1. § 2409. [Am'd, 1882.]

to the State.

Added by L. 1909, c. 65 (in effect Feb. 17, 1909).

Application of this title to mortgages

This title does not affect any provision of law, inconsistent therewith, especially relating to the foreclosure of mortgages to the people of the State, or to the commissioners for loaning certain moneys of the United States.

From 2 R. S. 547, § 15. Am'd by L. 1882, c. 399.

TITLE X.

Proceedings to change the name of an individual.

Sec. 2410. Petition by individual.

2411. [Omitted.]

2412. Contents of petition.

2413. Notice of presentation of petition.

2414. Order.

2415. When change to take effect.

2416, 2417. [Omitted.]

2418. [Repealed,]

[N. B. The portions of §§ 2410-2417, which related to changing the name of a corporation, have been transferred to the General Corporation Law, the County Law, etc., of the "Consolidated Laws;" see Table, p. iii, ante.]

§ 2410. [Am'd, 1887, 1893, 1895.] Petition by individual.

A petition for leave to assume another name may be made by a resident of the state to the county court of the county in which he resides, or, if he resides in the city of New York, either to the supreme court, or to the city court of New York. The petition

of an infant shall be made by his general guardian, or by the guardian of his person, or by his next friend.

Am'd by L. 1887, c. 194;

From L. 1847, c. 464, § 1; L. 1860, c. 80, § 1.
L. 1893, c. 366; L. 1895, c. 946 (in effect Jan. 1, 1896).

2411. [Omitted; see Table, p. iii.]

§ 2412. [Am'd, 1893, 1909.] Contents of petition.

The petition must be in writing, signed by the petitioner and verified in like manner as a pleading in a court of record, and must specify the grounds of the application, the name, age and residence of the individual whose name is proposed to be changed and the name which he proposes to assume,

From L. 1847, c. 464, § 2. Am'd by L. 1893, c. 366; L. 1909, c. 65. (See Table, p. iii, ante).

§ 2413. [Am'd, 1893, 1894, 1901, 1904, 1908, 1909.] Notice of presentation of petition.

If the petition be to change the name of an infant, and is made by the infant's next friend, notice of the time and place when and where the petition will be presented must be served upon the father, or if he is dead or cannot be found, upon the mother, or if both are dead or cannot be found, upon the general guardian or guardian of the person of the infant, in like manner as a notice of a motion upon an attorney in an action, unless it appears to the satisfaction of the court that the infant has no father or mother, or that both reside without the state or cannot be found, and that he has no guardian residing within this state, in which case the court may dispense with notice or require notice to be given to such persons and in such manner as the court thinks

proper.

From L. 1847, c. 464, § 1. Am'd by L. 1893, c. 366; L. 1894, c. 264; L. 1901, c. 374; L. 1904, c. 110; L. 1906, c. 89; L. 1909, c. 65. (See Table, p. iii, ante).

§ 2414. [Am'd, 1893, 1895, 1901, 1909.] Order.

If the court to which the petition is presented is satisfied thereby, or by the affidavit and certificate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, and if the petition be to change the name of an infant, that the interests of the infant will be substantially promoted by the change, the court shall make an order authorizing the petitioner to assume the name proposed on a day specified therein, not less than thirty days after the entry of the order. The order shall be directed to be entered and the papers on which it was granted to be filed within ten days thereafter in the clerk's office of the county in which the petitioner resides if he be an individual, or in the office of the clerk of the city court of New York if the order be made by that court. Such order shall also direct the publication, within ten days after the entry thereof of a copy thereof in a designated newspaper, in the county in which the order is directed to be entered, at least once.

From L. 1847, c. 464, § 3; L. 1860, c. 80, § 2. Am'd by L. 1893, c. 366; L. 1895, c. 946; L. 1901, c. 374; L. 1909, c. 65. (See Table, p. iii, ante).

§ 2415. [Am'd, 1887, 1893, 1894, 1909.] When change to take effect.

If the order shall be fully complied with, and within forty days after the making of the order, an affidavit of the publication thereof shall be filed and recorded in the office in which the order is entered, and in each office in which certified copies thereof are required to be filed, if any, the petitioner shall, on and after the day specified for that purpose in the order, be known by the name which is thereby authorized to be assumed, and by no other name. From L. 1847, c 464, § 6. Am'd by L. 1887, c. 194; L. 1893, c. 366; L. 1894, c. 264; L. 1909, c. 65. (See Table, p. iii, ante).

2416, 2417. [Omitted; see Table, p. iii.]

2418. [Repealed by L. 1895, c. 946 (in effect Jan. 1, 1896).?

TITLE XI.

Proceedings for the voluntary dissolution of a corporation.

[N. B.-The whole of this Title (comprising §§ 2419-2431b) has been transferred to the General Corporation Law of the "Consolidated Laws.”]

§ 2419-2431b. [Omitted; see Table, p. iii.)

662-668

76822

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. 2432. 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 judgment 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. 2442. Either order may require attendance before a referee.

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. 2448. Duty of the sheriff.

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.

2455. 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.

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.

§ 2482. [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 return, 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 purposes of this