« 이전계속 »
3. In every other case, he must give at least four months' notice.
Notice may be given, as required by this section, by serving it as prescribed in this act for the service of a paper upon an attorney, in an action in the supreme court.
$ 2314. The commissioner or commissioners possess the same powers, and must proceed in the same manner, as a referee, appointed by an order requiring the production of the tenant for life, or proof of his existence; except that they cannot proceed, unless a person is produced before them, as being the person whose death is in question. The return to the commission must expressly state whether any person was or was not so produced. The testimony, respecting the identity of a person so produced, must be taken, unless otherwise specially directed by the court, as prescribed in chapter ninth of this act, for taking the de. positition of a witness upon oral interrogatories ; except that it is not necessary to give any other notice of the time and place of exainination, than that prescribed in the last section.
$ 2315. Upon the return of the commission, the proceedings are the same as upon the report of a referee, as prescribed in sections two thousand three hundred and pine and two thousand three hundred and ten of this act; but the court may, in its discretion, receive additional proofs from either party.
$ 2316. Where costs of a special proceeding, taken as prescribed in this title, are awarded, they must be fixed by the court at a gross sum, not exceeding fifty dollars, in addition to disbursements. Where provision is not specially made in this title for the award of costs, they may be denied, or awarded to or against either party, as justice requires
$ 2317. The possession of real property, which has been awarded to the petitioner, as prescribed in this title, upon the presumption of the death of the perso!, upon whose life the prior estate depends, must be restored, by the order of the court, to the person evicted, or to bis heirs or legal representatives, upon the petition of the latter, and proof, to the satisfaction of the court, that the person presumed to be dead is living. The proceedings upon such an application are the same, as prescribed in this title, upon the application of the person to whom possession is awarded.
$ 2318. A person evicted, as prescribed in this title, may, if the presuniption, upon which he is evicted, is erroneous, maintain an action against the person who has occupied the property, or his executor or administrator, to recover the rents and profits of the property, during the occupation, while the person, upon whose life the prior estate depends, is or was living.
$ 2319. A final order, made as prescribed in this title, awarding 10 the petitioner the possession of real property, is presumptive evidence only, in an action of ejectment,
brought against liin by the person evicted, or in an artiou
and of the property, of a lunatic, idiot, or habituai
drunkard ; general powers and duties of the committee. $ 2320. Jurisdiction; concurrent
2333. Expenses of commission. 2321. Duty of court having juris- 2334. Proceedings upon trial by diction.
jury in court. 2322. Committee may be ap- 2335. Subject of inquiry in cases pointed.
of lunacy. 2323. Application for commit. 2336. Proceedings upon rerdict, tee; by whom made.
or return of connais. 2323 (a). Application when in
mittee of incompetent tion by whom made: con
in state institution; cer. tents and proceedings
tain sections not applieupon presentation there.
2337, Security to be given lov 2323 (6). Id; cost and disburse
2338. Compensation of comit2324. Duty of certain officers to
2339. Committee under control 2325. Contents, etc., of petition;
of court; limitation of proceedings upon pre
powers sentation thereof.
2340. Committee of
property 2326. When foreign committee
may maintain actions, may be appointed.
etc. 2327. Order for commission, or 2341. Id ; to file inventory and for trial by jury in court.
account. 2338, Contents of commission. 2342. Id.; may be compelled to 2329. Commissioners to be
file accounting; volunsworn; vacancies, how
tary accounting. filled 2330. Jury to be procured. Pro- 2343. Property, when to be receedings thereupon.
stored. 2331. Proceedings upon
the 2.344. Id.; disposition in case of hearing.
death. 2332. Return of inquisition and 11 Abb. N.O, $ 2321). [Am`d 1894, 1895, amendment to take effect Jari120.
uary 1, 1896.) The jurisdiction of the supreme court extends 20 Id 162. 83 Hun, 284.
to the custody of the person, and the care of the property, of a person incompetent to manaye hmelf or his affairs, in consequence of lunacy, idiocy, habitual drunkenuess, or iubecility arising from old age or los- of memory and understanding or other cause. Where a county court has jurisdiction of those matters, concurrent with that of the supreme court, the jurisdiction of the court first exercising it, as prescribed in this title, is exclusive of that of the others, with respect to any matter within its jurisdiction, for which provision is made in this title. In all proceedings under this title for the appointment of a committee of such a person he shall be designated "an allezel incompetent person;" and after the appointment of a committee of such person, in all subsequent proceedings the lunatic, idiot, habitnal drunkard
or imbecile shall be designated "an incompetent person.” 83 Hun, 284.
$ 2321. The court exercising juris lietion over the pro. perty of either of the incompetent per als specified in the last section, must preserve his property from waste or destruction; and out of the proceeds thereof must provide
$$ 2322–2323 COMMITTEE OF INCOMPETENT. 195 for the payment of his debts, and for the safe keeping and maint-Dance, and the education, when required, of the in(*etent person and his family.
32322. The jurisdiction, specified in the last two sections, quist ba exercised by means of a committee of the person, or a committee of the property, or of a particular portion of the property, of the incompetent person, appointed as prescribed in this title. The committee of the person aud the comwittee of the property may be the same individual, or different individuals, in the discretion of the court.
$ 2323. [Am’d 1895.) An application for the appointment of such a committee must be made by petition, which may be presented by any person. Except as providied in the next section, where the application is made to the supreme court, the pet tion must be presented at a special term held within the judicial district, or to a justice of said court within such judicial district at chambers, where the person alleged to be incompetent resides; or if he is not a resident of the State, or the place of his residence can not be ascertained, where some of his property is situated, or the State insiitution is situated of which he is an inmate.
$ 2323 (a). Application when incompetent person is In a State institution; petition, by whon made; contents and proceedings upon presentation thereof. [Added 1895. An'd 1897.] -- Where an incompetent person has been com. mitted to a state institution in any manner provided by law, and is an inmate thereof, the petiti n may be presented on behalf of the state by a state officer having special jurisdictiou over the institution where the incompent person is confined or the superintendent or acting superintendent of said iastitution; the petition must be in writing and verified by the affidavit of the petitioner or his attorney, to the effect that the matters therein stated are true to the best of his information or belief; it must show that the person for whose person or property, or both, a committee is asked has been legally committed to a state institution over which tho petitioner has special jurisdiction, or of which he is super. inteudent or acting superintendent, and is at the time an inmate thereof; it must also state the institution in which he is an inmate, the date of his admission, his last known place of residence, the name and residence of the husband or wife, if any, of such person, and if there be none, the name and residence of the next of kin of such person living in this state so far as known to the petitioner; the naturo, extent and income of his property, so far as the same is kuown to the petitioner, or can with reasonable diligence be ascertained by him. The petition may be presented to the supreme court at any special term thereof, held either in the judicial district in which such incompetent person last resided, or in the district in which the state institution in which he is committed is situated, or to a justice of the supreme court at chambers within sneh judicial district. Notice of the presentation of such petition shall be person. ally g ven to such person, and also to the husband or wife, f any, or if none to the next of kin named in the petition, and to the officer in charge of the institution in which such person is an inmate. Upon the presentation of such petition, and proof of the service of such notice, the court or justice may, if satisfied of the truth of the facts required to be stated in such petition, immediately a point a committee of the person or property, or both, of such idcompetent person or may reqnire any further proof »hich it or he may deem necessary before making such appointment.
$ 2323 (b). 1.1dded 1895 ]-Upon the presentation of a petition and the appointment of a committe , as provided in section three thousand three hundred and twenty-three (a), the court or justice may award costs of the proceeding, not excreding twenty-five dollars in addition to necessary disbursements, to the petitioner, payable from the estate of the incompetent person, and upon denial of an application to set the same aside, costs as of a motion.
$ 2324. Where the incompetent person has property, which may be endangered in consequence of his incompetency, and no relative or other person applies for the ap. poiutment of a committee of his property, the overseer or superintendent of the poor of the town, district, county, or city, in which he resides, or, where there is no such officer, the officer or officers performing corresponding functions under another official title, must apply to the proper court, for the appointment of such a committee. The expenses of con lucting the proceedings thereupon must be audited and allowed, in the same manner as other official expenses of those officers are audited and allowed.
15 Misc. 662. $ 2325. (Am'd 1891.] The petition must be in writing,
and verified by the affidavit of the petitioner, or his attor. ney, to the effect that the matters of fact therein stated are true. It must be accompanied with proof, by affidavit, that the case is one of those specified in this title. It must set forth the nanes and residences of the husband or wife, if any, and of the next of kin and heirs of the person alleged to be incompetent, as far as the same are known to the petitioner, or can, with reasonable diligence, be ascertaired by him, and also the probable value of the properly pos, sessed and owned by the alleged incompetent person, and what property has been conveyed during said alleged iocompetency and to whom, and its value and what consideration was paid for it, if any, or was agreed to be paid. The court must, unless sufficient reasons for dispensing there with are set forth in the petition or accompanying affidavit, require notice of the presentation of the petition to be given to the husband or wife, if any, or to one or more relatives of the person alleged to be incompetent, or to an officer specified in the last section. Wher notice is required, it may be given
in any manner which the court deems proper; and for that purpose, the hearing may be adjourned to a subsequent day, or to another term at which the petition might have been presented.
$ 2326. When foreign committee may be appointed. [ Am’d 1898, amendment to take effect September 1, 1898.) Where the person alleged to be incompetent resides with out the State and a committee, curator or guardian of his property, by whatever name such officer may be designated, has been duly appointed pursuant to the laws of any other state, territory or country where he resides, the court may, in its discretion, make an order appointing the foreign committee, curator or guardian, the committee of all or of a particular portion of the property of the incompetent person, within the State, on his giving such security for the discharge of his trust as the court thinks proper.
The Union Surety and Emma
The Union Surstyr!