be filed in the office of the clerk of the county, wherein the judgment-roll 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.

Id., part of 298. Genner v. Hepburn, 6 Law Bulletin, 29.

2468. When property is vested in receiver. 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.

Id., 298, Dubois v. Cassidy, 75 N. Y. 298; Wing v. Disse, 15 Hun, 190; Ritterband . Baggett, 4 Abb. N. C. 67; Manning v. Evans, 19 Hun, 500; McEwen v. Brewster, id. 337; Underwood v. Sutcliff, ct. app., Apr. 1879, 20 Alb. L. J. 52; Griswold v. Tomkins, 7 Daly, 214; Lanigan v. New York, 70 N. Y. 454; Scroggs v. Palmer, 66 Barb. 505; Banks e. Potter, 21 How. 469; Morgan v. Potter, 17 Hun, 403; Johnson v. Martin, 1 T. & C. 501; Conger e. Sands, 19 How. 8; Lottimer v. Lord, 4 E. D. Smith, 183; Wilson v. Allen, 6 Barb. 542; Clan Ronald v. Wyckoff, 41 N. Y. Super. 527; Fenner v. Sauborn, 37 Barb. 610; Barnes v. Morgan, 3 Hun, 703; People v. Hulbert, 5 How. 446; Reed v. Champagne, 5 Week. Dig. 227; Ball v. Goodenough, 37 How. 479; Bostwick e. Menck, 40 N. Y. 383; Seymour e. Wilson, 15 How, 355; Porter v. Williams, 5 Sheld. 142; Thorn v. Fellows, 5 Week. Dig. 473; Fennin e. Malloy, 33 N. Y. Super. Ct. 382; Cooney v. Cooney, 65 Barb. 524; Wood v. Robinson. 22 NY. 561; Gardner e. Smith, 29 Barb, 68; Palen . Bushnell, 18 Abb. 301; Fessenden v. Wood, 3 Bosw. 550; Andrews r. Glenville Wool Co., 11 Abb. N. S. 78; Van Rensselaer v. Emery, 9 How. 135; Lowry v. Smith, 9 Hun, 514; Wardell v. Leavenworth, 3 Edw. 244; Dickerson v. Van Tine, 1 Sandf. 724; Branch v. Harrington, 49 How. 196; Baker . Van Epps, 58 id. 401; Matter of Wilds, 6 Abb. N. C. 307; Smith v. Clarke, 1 Law Bulletin, 83; Rockwell v. Merwin, 45 N. Y. 166; Scroggs r. Palmer, 69 Barb. 505; Richards v. Allen, 3 E. D. Smith, 399; Tyler r. Whitney, 12 Abb. 465; 33 Barb. 327; Livingston v. Stæsel, 3 Bosw. 19; Union Bank of Troy v. Sargent, 53 Barb. 422; Weyman v. Childs, 44 id.

403.

$2469. How receiver's title to personal property extended by relation.-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 the personal property belonging to the judgment debtor, which was in the hands, or under the control, of the person or corporation thus required to attend, at the time of the service of the order; and to a debt then due to him from that person or corporation.

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

New. Chautauqua Co. Bank v. White, 6 N. Y. 236; Chautauqua Co. Bank v. Risley, 19 id. 369; Campbell v. Genet, 2 Hilt. 290; Caton v. Southwell, 13 Barb. 325; Sands r. Roberts, 8 Abb. Pr. 343; Woodman . Goodenough, 18 id. 265; Gerregani v. Weelright, 3 Abb. N. S. 264; Atkinson . Lewine, 11 1d. 384; Potter v. Low, 16 How. Pr. 549; Graff #. Bonnett, 25 id. 470.

§ 2470. County clerk to record orders, etc.; penalty for neglect. 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 judg ment debtors". A county clerk, in whose office an order

or a certified copy of an order is filed, as prescribed in section 2467 or section 2468 of this act, must immediately note thereupon the 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 interested, 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 omission. Code of Proc., 298; see 2 1247 and 1248, ante.

$2471. Receiver to be subject to control of court.— A receiver, appointed as prescribed in this article, is 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.

Id.. part of 298. Wing v. Disse, 15 Hun, 190; Tillotson v. Wolcott, 48 N. Y. 185; Webber v. Hobbie, 13 How. 382; Pool v. Sufford, 14 Hun, 369.

24

OF THE

OP

POWERS, AND DISABILITIES

SURROGATE, AND THE OFFICERS
MISCELLANEOUS PRO-

THE COURT.

VISIONS.

TITLE II. PROVISIONS RELATING

THE PROCEEDINGS IN SURROGATES'
COURTS, AND TO APPEALS FROM THOSE
COURTS.

TITLE IV.-PROCEEDINGS BY OR AGAINST AN EX

ECUTOR OR ADMINISTRATOR, TOUCHING

DEBTS AND FUNERAL EXPENSES.

DISTRIBUTION OF THE PROCEEDS.

TITLE

VI.-PROVISIONS

ΤΟ
RELATING

A TESTA

MENTARY TRUSTEE.

TITLE VII.-PROVISIONS RELATING TO A GUARDIAN.

TITLE I.

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

SEC. 2472. General Jurisdiction of surrogate'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. General jurisdiction of surrogate's court. 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.

3. To direct and control the conduct, and settle the accounts, of executors, administrators, and testamentary trustees; to remove testamentary trustees, and to ap point 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 pay. ment or delivery, by executors, administrators, and tes