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5. A full, just, and true inventory of all the property of the corporation, and of all the books, vouchers, and securities, relating thereto.

6 A statement of each incumbrance upon the property of the corporation, by judgment, mortgage, pledge, or otherwise.

7. A full, just, and true account of the capital stock of the corporation, specifying the name of each stockholder; his residence, if it is known, or if it is not known, stating that fact; the number of shares belonging to him; the amount paid in upon his shares; and the amount still due thereupon.

R. S., 59. Matter of DuBois, 15 How. 7; s. c., 6 Abb. 386, note; Matter of Westchester Iron Co., 15 How, 7, note.

§ 2422. Affidavit to be annexed.-An affidavit, made by each of the petitioners, to the effect that the matters of fact, stated in the petition and the schedule, are just and true, so far as the affiant knows or has the means of knowing the same, must be annexed to the petition and schedule.

Id., 60.

Order to show

2423. Presentation of petition, etc. cause. Where the petition is addressed to the supreme court, the papers must be presented at a term of that court, held within the judicial district, embracing the county wherein the principal office of the corporation is located. In a case specified in section 2420 of this act, the court may, in its discretion, entertain or dismiss the application. Where it entertains the application, or where the case is one of those specified in section 2419 of this act, the court must make an order, requiring all persons interested in the corporation to show cause before it, or before a referee designated in the order, at a time and place therein specified, not less than three months after the granting of the order, why the corporation should not be dissolved. The order must be entered, and the papers must be filed, within ten days after the order is made, with the clerk of the court, or in the supreme court, with the clerk of the county where the principal office of the corporation is located.

Id., 61, amended; L. 1876. See Ex parte French Manufacturing Co., 12 Hun, 488; Matter of Westchester Iron Co., 15 How. 7, note; Chamberlain v. Roch. Seam. Pap. Vess. Co., 7 Hun, 557.

§ 2424. Order to be published.—A copy of the order must be published, as prescribed therein, at least once in each of the three weeks immediately preceding the time fixed therein for showing cause, in the newspaper printed at Albany, in which legal notices are required to be published; and also in one or more newspapers, specified in the order, published in the city or county wherein the order is entered.

Id., 62. Matter of Du Bois, 15 How. 7; s. c., 6 Abb. 386 n.

2425. Id.; to be served on creditors and stockholders. A copy of the order must also be served upon each of the persons, specified in the schedule as a creditor or stockholder of the corporation, or as a person to whom an engagement of the corporation is to be performed, other than a person whose residence is stated to be unknown, or to be without the United States. The service must be made, either personally, at least twenty days before the time appointed for the hearing; or by depositing a copy of the order, at least forty days before the time so appointed, in the post-office, inclosed in a postpaid wrapper, addressed to the person to be served, at his residence, as stated in the schedule.

New Matter of Eagle Iron Works, 8 Paige, 385; Lattimer v. Lord, 4 E. D. Smith, 183.

2426. Hearing. At the time and place specified in the order, or at the time and place to which the hear ing is adjourned, the court, or the referee, must hear the allegations and proofs of the parties, and determine the facts. If a referee was not 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 matters, pertaining to its affairs.

I.. 63. Lattimer v. Lord, 4 E. D. Smith, 183: Welter e. Schlieper, 7 Abb. 92; Matter of Eagle Iron Works, 8 Palge, 385.

$2427. Id.; original papers may be used. 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.

Id., 64.

$2428. Application for final order. Where the hearing is before a referee, a motion for a final order must be made to the court, upon notice to each person who has made himself a party to the proceedings, by filing with the clerk, before the close of the hearing, a notice of his appearance, in person or by attorney, specifying a post-office within the State, where such a notice may be served. The notice may be served as prescribed in this act, for the service of a paper upon an attorney in an action. Where the hearing was before the court, a motion for a final order may be made immediately, or at such a time and upon such a notice, as the court prescribes.

New.

§ 2429. Final order. Upon an application for a final order, if it appears to the court, in a case specified in section 2419 of this act, that the corporation is insolvent, or, in a case specified either in that section, or in section 2420 of this act, that, for any reason, a dissolution of the corporation will be beneficial to the interests of the stockholders, and not injurious to the public interests, the court must make a final order, dissolving the corporation, and appointing one or more receivers of its property. Upon the entry of the order, the corporation is dissolved. The court may, in its discretion, appoint a director, trustee, or other officer, or a stockholder of the corporation, a receiver of its property.

Id., 65 and 66, as amended; L. 1876. New Amsterdam Savings Bank e. Tarter, Abb. N. C. 15; Matter of Le Blanc, id. 221; Chamberlain v. Greenleaf, id. 178; Palmer v. Clark, id. 25; Ritterband v. Baggett, id. 67; Matter of Guardian Mutual Life Ins. Co., 13 Hun, 115; Matter of Crosby and Day, 16 id. 291; Whittlesey v. Delaney, 73 N. Y. 571; Whittlesy . Franz, 74 id. 456; Matter of French Manufacturing Co., 12 Hun, 488; Kincald v. Dwinelle, 59 N. Y. 548; s. c., 5 J. & Sp. 326; Chamberlain v. Rochester Seamless Paper Vessel Co., 7 Hun, 557; Matter of Bowery Bank, 16 How. 56; s. c., 5 Abb. 415; Matter of the Eagle Iron Works, 8 Paige, 380; 8. c., 3 Edw. Ch. 385; Hoffman v. Van Nostrand, 42 Barb. 174; 8. C., 28 How. 115; Barclay v. Talman, 4 Edw. Ch. 123; Fisher v. Raab, 57 How. 87; Ex parte Woven Tape Shirt Co., 8 Hun, 508; Frothingham v. Barney, 6 id. 366.

2430. Certain sales, etc., void. A sale, assignment, mortgage, conveyance, or other transfer, of any property of a corporation, made after the filing of a pe

tition 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 ap pointed in the special proceeding, and as against the creditors of the corporation.

Id., 70. Matter of Waterbury, 6 Paige, 380; Matter of Berry, 26 Barb. 55: Matter of Eagle Iron Works, 3 Edw. 385; Chamberlain r. Rochester S. P. V. Co., 7 Hun, 557; Sands v. Hill, 55 N. Y. 18.

§ 2431. Certain corporations excepted from this title. This title does not apply to an incorporated 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.

Id., 91.

TITLE XII.

Proceedings supplementary to an

execution against

property.

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 execu

tion.

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.

SEC 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 bailee, etc., must at

tend.

2460. No person excused from answering on the ground of fraud. 2161. 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.

2432. 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 the return of an execution.

2. An order made, or a warrant issued against a judg ment 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 a 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 either subdivision first or subdivision second.

New in form. Crouse v. Wheeler, 33 How. 337: Union Bank v. Sargeant, 53 Barb. 422; 37 How.87; Mallory e. Gulick, 15 Abb. 307 n; Gould v. Torrance, 19 How. 560; Sluyter v. Smith, Sup. Ct., Feb. 1858; O'Neil v. Martin, 1 E. D. Smith, 404; Holstein v. Rice. 15 Abb. 307; 8. c., 24 How. 135; Hawes v. Barr, 7 Rob. 452; Crouse v. Whipple, 34 How. 333; Davis v. Turner, 4 id. 190; Bank of Gennesee v. Spencer, 15 id. 14: People ex rel. v. Oliver, 66 Barb. 570; Dresser v. Van Pelt, 15 How. 19; 6 Duer, 687; Billing . Vandenburgh, 17 How.80; Miller v. Rossman, 15 il. 510; Webber v. Hobbie, 13 id. 382; Lynch e. Johnson, 48 N. Y. 27; Griffin . Dominguez, 2 Duer, 656; 11 N. Y. Leg. Obs. 285; Carter v. Clarke, 7 Rob. 43; Orr's Case, 2 Abb. 457; Myers' Case, i. 476; Driggs v. Williams, 15 id. 477; Sandford v. Carr, 2 id. 462; Lilliendahl r. Fellerman, 11 How. 523.

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