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designated in the order to show cause, the court may, in its discretion, appoint a referee when or after the order is returnable. The decision of the court, or the report of the referee, must be in writing, and must be made and filed with all convenient speed. It must contain a statement of the effects, credits, and other property, and of the debts and other engagements, of the corporation, and of all other mat. ters, pertaining to its affairs,

1 pp. Div. 164.

82427. [Am'd 1894.) The court or the referee is entitled to use, upon the hearing, the original petition, and the schedules annexed thereto; and the clerk must transmit them accordingly, upon the written order of the judge, or of the referee. In that case, they must be returned with the decision or report. The court may, at any stage of the proceedings before final order, on the application of the petitioners, or a majority of them, or on the application of the temporary receiver, grant an order amending the schedules annexed to the original petition, by the insertion of additional items, or by making the statements orinventory fuller and in greater detail than as originally filed, with the like effect as though said petition and schedules had been origiaally presented and filed as amended.

$ 2128. Where the hearing is before a referee, a motion for a tinal order must be made to the court, upon notice to each person who has made himself a party to the proced. ings, by filing with the clerk, before the close of the hear. ing, a notice of his appearance, in person or by attorney, specifying a post-office within the State, where such a notice may be served. Toe notice may be served as pre scribed in this act, for the service of a paper upon an 3. Where he has wilfully refused, or, without good cause, neglected, to obey any lawful direction of the surrogate, contained in a decree or an order; or any provision of law, relating to the discharge of his duty.

4. Where the grant of letters to him was obtained by a 4 Dom. 394 false suggestion of a material fact.

5, Where he has removed, or is about to remove, from the 2 Dem. 439. State.

6. In the case of the guardian of the person, where the in- 2. Civ. Pro.

(McCarthy) fant's welfare will be promoted by the appointment of another guardian,

334,

107.

$ 2833. Upon the presentation of a petition, as pre. 21 N. Y. scribed in the last section, the surrogate must inquire into

State Rep. the matter; and, for that purpose, he may issue a subpæna to any person, requiring him to attend and testify in the premises. If the surrogate is satisfied that there is probable cause to believe, that the allegations of the petition are true, he must issue a citation to the guardian complained of ; and, upon the return thereof, if the material allegations of the petition are established, he must make a decree, revoking the guardian's letters accordingly; except that, where the case is within subdivision tbird or fourth of the last section, he must dismiss the proceedings, under the like circumstances and upon the like terms, as prescribed in sections two thousand six hundred and eighty-six and two thousand six hundred and eighty-seven of this act, where a similar complaint is made against an executor or adminis. trator

8 2834. Upon issuing a citation as prescribed in the last section, the surrogate may, in his discretion, make an order suspending the guardian, wholly or partly, from the exercise of his powers and authority, during the pendency of the special proceeding. A certified copy of an order so made must accompany the citation, and be served therewith; but, from the time when it is made, the order is binding upon the guardian and upon all other persons, without service thereof, subject to the exceptions and limitations prescribed in sections two thousand six hundred and three and two thousand six hundred and four of this act, with respect to a decree revoking letters.

the filing of a petition 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 the cre litors of the corporation.

103 N.Y. 302.

$ 2431. (Am'd 1881.] This title does not apply to an in. 1:33 N. X: 293: corporated library society, to a religious corporation, or to

a select school or academy incorporated by the regents of the university, or by the legislature, or to a municipal or other political corporation. In the 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, pame anil refer to the “members” of such corporations instead of “stockholders” as herein provided.

1

$ $ 2838-2839

GENERAL GUARDIAN.

3460

out the state and within the United States, is entitled to property within the state, or to maintain an action in any court thereof, a general guardian of his property, who has bren appointed by a court of competent jurisdiction, within the state or territory where the ward resides, and has there given security, in at least twice the value of the personal property, and of the rents and profits of the real property, of the warl, muy present, to the surrogate's court having jurisdiction, a written petition, duly verified, setting forth the facts, and praying for ancillary letters of guardianship accordingly. The petition must be accompanied with exemplified copirs of the records and other papers, showing that he has been so appointed, and has given the security reqnired in this section, which must be authenticated in the mode prescribed in article seventh of title third of this chapter, for the anthentication of records and papers, upon an application for ancillary letters testamentary, or ancil. lary letters of administration.

2, Where an infant who resides without the state and within a foreign country is entitled to personal property within the staie, or to maintain an action, or special proceeding in any court thereof re pecting such personal property, a general guardian of his property, authorized to act as such within the foreign country where the ward resides, may apply to the surrogate's court of the county where such personal property or any part thereof is situated, for ancillary letters of guardiaris ip on the personal estate of such infant, and the person so authorized must present to the surrogate's court having jurisdiction a written petition duly veritied, setting forth the facts and praying for ancil. lary letters of guardianship on the personal estate of such infant. The petition must be accompanied with the exemplified copies of the records and other papers showing the appointment of such foreign guardian, or where such foreign guardian has not been appointed by any court, with other proof of his authority to act as such guardian witbin such foreign country, and also with proof that pursuant to tue laws of such foreign country, such foreign guardian is entitled to the possession of the ward's personal estate. Exemplifid copies of the records, where used pursuant to this subdivision, must be authenticated by the seal of the court, or officer, by which or by whom such foreign giardian was appointed, or the officer having the custody of the seal or of the record thereof, and the siunature of a jurige of sich court, or the signature of such officer and of the clerk of such court or officer, if any; and must be further authenticated by the certificate, under the principal seal of the dpartment of foreign affairs, or the department of justice of such country, attested by the signature or seal of a United States consu).

62839. (Am'd 1892 ) Where the surrogate is satisfied upon the papers presented, as prescribed in the last section, that the case is within that section, and that it will be for the ward's interest that ancillary letters of guardianship should be issued to the petitioner, he may niake a decreo granting ancillary letters accordingly. Such a decree may

be made without a citation, or the surrogate may cite su ! persons as he thinks proper to show cause why the per per of the petition shou d not be granted. But before the ali cillary letters are issued, the surrogate must inquire whethe: any debts are due from the ward's estate to residents of tie State ; and if so, he must require payment thereof.

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