ministration, upon the decedent's estate, were within four years before the sale, issued from a surrogate's court within the State, having jurisdiction to issue them.

L. 1867, ch. 658 (7 Edm. 142) L. 1870, ch. 170 (7 Edm. 664), and L. 1871, ch. 834 (9 Edm. 210); see, also, 2798, post.

2409. Application of this title to mortgages to the State. This title does not affect any provision of law, specially relating to the foreclosure of mortgages to the people of the State, as far as the latter is inconsistent with this title.

Section 15 of part 3, ch. 8, tit. 15, R. S.. amended. Thompson r. The Commissioners, etc., Ct. App., Nov. 25, 1879, 21 Alb. L. J. 16.

TITLE X.

Proceedings to change the name of an individual.

SEC. 2410. Application; where made.

2411. Id.; in Buffalo and Brooklyn.

2412. Petition.

2413. Order.

2414. Application by an infant.

2415. Order to be published; papers to be recorded.

2416. When new name to be assumed.

2417. Action not to abate, etc.

2418. County clerk to make return, etc.

2410. Application; where made. A person of full age, residing within the State, may apply to the county court of the county in which he resides; or, if he resides in the city of New-York, to the court of common pleas for that city and county, for leave to assume another name.

L. 1847. ch. 464, 21, amended; L. 1860, ch. 80, 1 (4 Edm. 285); see, also, L. 1870, ch. 322, amended; L. 1876, ch. 280.

2411. Id.; in Buffalo and Brooklyn.- Where the applicant resides in the city of Buffalo, the application may be made, either to the county court of Erie county, or to the superior court of Buffalo. Where he resides in Brooklyn, it may be made, either to the county court of Kings county, or to the city court of Brooklyn. L. 1857, ch. 361, 1; L. 1854, ch. 96, 12; L. 1849, ch. 125, § 4, amended; L. 1870, ch. 470, 4; L. 1871, ch. 282, 2.

§ 2412. Petition. The application must be made by a written petition, which must be signed by the peti tioner; must specify the name which he proposes to assume; must state the grounds of the application; and must be verified, in like manner as a verified pleading, in an action in the supreme court.

L. 1847, 2. Ex parte Snook, 2 Hilt. 566; Petrie v. Woodworth, 3 Cal. 219; Jackson v. Prevost, 2 id. 164; Milk v. Todd, 1 Hill, 102.

2413 Order.- If the court, to which the petition is presented, is satisfied thereby, or by proof, by affi davit, presented therewith, that there is no reasonable objection to the petitioner's assuming the name proposed, it must make an order authorizing the petitioner to assume that name, on a day specified therein, not less than thirty days after the entry of the order, upon his complying with the provisions of the next section

but one.

Id., 3, amended; L. 1860, ch. 80. 2. Petition of John Snook, 2 Hilt. 566: Matter of Ludwig. 1 Law Bulletin, 14.

But

§ 2414. Application by an infant.— An infant may also apply, by his general guardian, or the guardian of his person, or by his next friend, for leave to assume another name. Where he applies by his next friend, notice of the time when, and the place where, the peti tion will be presented, must be served, as prescribed in this act for the service of a paper upon an attorney in an action, upon the father; or, if he is dead, upon the mother; or, if both are dead, upon the general guardian of the infant, or the guardian of his person. where it appears, by proof, to the satisfaction of the court, that the infant has no father or mother, or that both reside without the State, and that he has no guardian, residing within the State, the court may dispense with notice, or require notice to be given to such persons, and in such manner as it thinks proper. Upon the hearing the court must, in addition to the matters specified in the last section, be satisfied by the proofs, that the interest of the infant will be substantially promoted by the change of his name. Except as otherwise prescribed in this section, the provisions of this title, relating to an application by a person of full age, apply to an application by an infant.

Id., part of 1. Matter of Mayer, 1 Law Bulletin, 87.

$2415. Order to be published; papers to be recorded. Within ten days after the order is made, the petitioner must cause a copy thereof to be published, in a newspaper published in the county, in which the order was made; and within twenty days after the making of the order, he must cause the papers upon which it was granted, and an affidavit of the publication thereof, to be filed and recorded, as prescribed in this section. Where the order was made in any county except New-York, the papers must be filed and recorded in the county clerk's office. Where the order was made by the court of common pleas for the city and county of New-York, they must be filed and recorded in the office of the clerk of that court.

Id., 4 and 5.

2416. When new name to be assumed. If the requirements of the last section are complied with, the petitioner must, on and after the day specified for that purpose in the order, be known by the name, which he is thereby authorized to assume; and by no other

name.

Id., 6.

2417. Action not to abate, etc.- An action or special proceeding, civil or criminal, theretofore or thereafter commenced against a person, whose name is changed as prescribed in this title, shall not abate, nor shall any relief, recovery, or other proceeding therein, be prevented, impeded, or impaired, in consequence of the change of name. The plaintiff in the action, or the party instituting the special proceeding, or the people, as the case requires, may, at any time, obtain an order, amending any of the papers or proceedings therein, by the substitution of the new name, without costs, and without prejudice to the paper or proceeding.

Id., 7.

2418. County clerk to make return, etc.- The clerk of each county, except the county of New-York, and the clerk of the court of common pleas for the city and county of New-York, must annually, in the month of December, make a return to the secretary of State, of all the changes of names of persons, which have been made within his county, since his last return.

as prescribed in this title. The secretary of State must cause to be published, from those returns, in the next volume of the session laws, a tabular statement showing the original name of each person, and the name which he has been authorized to assume.

Id., part of 3, added by L. 1860, ch. 80, 2.

TITLE XI.

Proceedings for the voluntary dissolution of a corporation.

SEC. 2419. When a majority of directors, etc., may petition for dissolu

tion.

2420. Id.; when they are equally divided.

2421. Contents of petition.

2122. Affidavit to be annexed.

2423. Presentation of petition, etc. Order to show cause.

2424. Order to be published.

2425. Id.; to be served on creditors and stockholders.

2126. Hearing.

2427. Id.; original papers may be used.

2428. Application for final order.

2429. Final order.

2130. Certain sales, etc., void.

2131. Certain corporations excepted from this title.

$2419. When a majority of directors, etc., may petition for dissolution.-If a majority of the directors, trustees, or other officers, having the management of the concerns of a corporation created by or under the laws of the State, discover that the stock, effects, and other property thereof are not sufficient to pay all just demands, for which it is liable, or to afford a reasonable security to those who may deal with it; or if, for any reason, they deem it beneficial to the interests of the stockholders, that the corporation should be dissolved; they may present a petition, to the supreme court, or to a superior city court of the city where the principal office of the corporation is located, praying for a final order dissolving the corporation, as prescribed in this title.

2 R. S. 467, 53 (2 Edm. 488). New York Marbled Iron Works v. Smith, 4 Duer, 362; Nimmons . Tappan, 2 Sweeny, 262; Matter of Niagara Ins. Co., 1 Paige, 258; see Abbott v. American Hard Rubber Co., 23 Barb. 578; s. c., 11 Abb. 204; 20 How. 199; 21 id. 193; Taylor r. Earle, 8 Hun, 1; Lake Ontario Bank v. Onondaga County Bank, 7 id. 549;

see Webster v. Turner, 12 id. 264; Denike v. N. Y. & R. Lime Co., 10 Week. Dig. 177; Chamberlain v. Roch. Seamless Pap. Vess. Co., 7 Hun 557.

§ 2420. Id.; when they are equally divided.—If a corporation, created under a general statute of the State for the formation of corporations, has an even number of trustees or directors, who are equally divided, respecting the management of its affairs, and the entire stock of the corporation is, at that time, owned by the trustees or directors, or is so divided, that one-half thereof is owned or controlled by persons favoring the course of one-half of the trustees or directors, and onehalf by persons favoring the course of the other half of them, the trustees or directors, or one or more of them, may present a petition as prescribed in the last section. But this section does not apply to a savings bank, a trust company, a safe deposit company, or a corporation formed to rent safes in burglar and fire-proof vaults, or for the construction or operation of a railroad, or for aiding in the construction thereof, or for carrying on the business of banking or insurance, or intended to derive a profit from the loan or use of money.

L. 1876, ch. 442, 1.

2421. Contents of petition. The petition must show that the case is one of those specified in the last two sections, and must state the reasons, which induce the petitioner or petitioners to desire the dissolution of the corporation. A schedule must be annexed to the petition, containing the following matters, as far as the petitioner or petitioners know, or have the means of knowing the same:

1. A full and true account of all the creditors of the corporation, and of all unsatisfied engagements, entered into by, and subsisting against, the corporation.

2. A statement of the name and place of residence of each creditor, and of each person with whom such an engagement was made, and to whom it is to be performed, if known; or, if either is not known, a statement of that fact.

3. A statement of the sum owing to each creditor, or other person specified in the last subdivision, and the nature of each debt, demand, or other engagement.

4. A statement of the true cause and consideration of the indebtedness to each creditor.