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§§ 3392-3397 The petition shall be verified in the same manner as a verified pleading in an action in a court of record.

§ 3392. Upon the presentation of the petition, the court may immediately proceed to hear the application, or it may, in its discretion, direct that notice of the application shall be given to any person interested therein, as a member, stockholder, officer or creditor of the corporation or association, or otherwise, in which case the application shall be heard at the time and place specified in such notice, and the court may in any case appoint a referee to take the proofs and report the same to the court, with his opinion thereon.

§ 3393. Upon the hearing of the application, if it shall appear, to the satisfaction of the court, that the interests of the corporation or association will be promoted thereby, an order may be granted authorizing it to sell, mortgage or lease the real property described in the petition, or any part thereof, for such sum, and upon such terms as the court may prescribe, and directing what disposition shall be made of the proceeds of such sale, mortgage or lease.

Any person, whose interests may be affected by the proceeding, may appear upon the hearing and show cause why the application should not be granted.

§ 3394. If the corporation or association is insolvent, or its property and assets are insufficient to fully liquidate its debts and liabilities, the application shall not be granted, unless all the creditors of the corporation have been served with a notice of the time and place at which the application will be heard.

§ 3395. Service of notices, provided for in this title, may be made either personally, or, in case of absence, by leaving the same at the place of residence of the person to be served, with some person of mature age and discretion, at least eight days before the hearing of the application, or by mailing the same, duly enveloped and addressed and postage paid, at least sixteen days before such hearing.

§ 3396. In all applications made under this title, where the mode or manner of conducting any or all of the proceedings thereon are not expressly provided for, the court before whom such application may be pending, shall have the power to make all necessary orders and give the proper directions to carry into effect the object and intent of this title, or of any act authorizing the sale of corporate real property, and the practice in such cases shall conform, as near as may be, to the ordinary practice in such court,

§ 3397. This title shall take effect May first, one thousand eight hundred and ninety, and shall not affect any proceeding previously commenced.

INDEX.

action; when not to abate...

id.; when part of cause of action survives.

death of party after verdict, etc..

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replevin action, abatement and revival of.

ABANDONMENT OF CLAIM—
in replevin action

ABATEMENT OF ACTION-

proceedings upon transfer of interest, or devolution of liability.

id.; when sole party dies and action survives.

id.; when one of several parties dies

when court may order action abated.

special cases excepted.

action for a wrong not to abate after verdict, etc..

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abatement not effected by death of executor or administrator.
proceeding to change name does not effect abatement.....

ABBREVIATIONS-
authorized.

ABSENCE-

....

designation of person to serve summons upon, during
presumption of death arising from, continued..

ABSENTEE-

temporary administration upon estate of
guardian for absent infant defendant.

ACCOUNT-

how pleaded; bill of particulars

ACCOUNTING-

by committee of incompetent person to be filed annually.
ACCOUNTING IN SURROGATE'S COURT-

decree on judicial settlement, what to contain.

1828

2417

21

430

841

.2668, 2676

473

531

2342

2551

costs upon accountings..

2561

additional allowance.

2562

compelling accounting from party whose letters have been revoked...
deceased executor, administrator, guardian or testamentary trustee; ac-
counting by executor of...

2605

2606

accounting on application of executor or administrator for revocation of
letters...

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guardian; when ward or successor may require accounting in case
revoked letters....

guardian; accountings by in general....

petition to compel payment of debt or legacy; hearing; decree...
decree for payment of debt or legacy on giving security...

of

1

2837

2842, 2850

2855

.....

2722

2723

proceedings for neglect to set apart exempt property..

intermediate accounting.....

judicial settlement of account; when may be required..
citation; order to account and proceedings thereon

2724

2725

2726

2727

executor's petition for judicial settlement, citation and hearing.
affidavit to account; vouchers; examination of accounting party.
commissions of executor or administrator

determination of claims by surrogate; suspension of statute of limita-
tions.....

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legacy, etc., to unknown person to be paid into State treasury

2747

when legacy, etc., to be paid to county treasurer.

2748

ACKNOWLEDGMENTS

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of deed; when entitled to be received in evidence. proof; when may be rebutted...............

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civil action

parties to civil action defined.

not discontinued by vacancy or change in judge..

id.; by adjournment or failure to hold court..

time to commence cannot be extended...

what instrument may be acknowledged and thereupon read in evidence..

fees for acknowledgments..

ACTION

defined....

refers in code to civil action..

division into civil and criminal. criminal action defined..

66

3298

3333

3343

3335

3336

3338

distinction between action at law and in equity abolished.

3339

25

41

784

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testimony of hospital physician or surgeon may be taken before referee.

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"letters of administration" defined with reference to chapter on surrogate's courts..

2514

with will annexed.

grant of letters

2643-2646 .2660-2667

See also AccOUNTINGS IN SURROGATES' COURTS; LETTERS OF ADMINISTRA

TION, SURROGATES' COURTS.

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ALLOWANCES-

how computed..

additional to plaintiff in foreclosure and other actions.

66 to either party in difficult cases..

limit of allowances..

ALLOWANCE IN SURROGATE'S COURT-

to executor, etc., on accountings..
on sale of real estate...

AMENDMENT-

after decision of demurrer.

of course..

amended pleading to be served; answer thereto.

by the court at any stage..

relief against judgment, etc., within what time..
amendment of returns by officers, etc....

lost papers; how supplied..

order of court; when necessary to amend..

disregard of defects in affidavits...

undertakings, etc.; when sufficient.

id.; amending defects in..

to perfect appeal...

AMENDMENT IN JUSTICES' COURTS..

ANCILLARY LETTERS....

testamentary dispositions; what law governs.
ancillary letters upon foreign probate..

SECTIONS

58

1190

1769

1772

1772

1773

3262

3252

3253

3254

2562

2563

497

542

543

723

724

725

726

727

7:28

729

730

1303

2944, 3049

.2694-2705

2694

2695

2696

2697

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id.; when they may be directed to pay, etc., without transmission..

2700

2701

2702

papers recorded, etc.; how authenticated.

recording wills proved in other states, etc..

2703

2704

of guardianship...

ANIMAL STRAYING UPON HIGHWAY; ACTION OR SPECIAL PROCEEDING RELA-

2838-2841

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decision in favor of petitioner; warrant to sell; execution thereof.

3090

3091

disposition of surplus.

3092

id.; when no claim made within a year.

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order upon claim for surplus; appeal therefrom..
proceedings upon decision in favor of person answering..
demand of possession before trial. Proceedings thereupon.
id.; when animal willfully set at large by third person..
action by owner in such a case.

action by petitioner and by officer.

demand of possession after final order and before sale.
order upon demand of possession; appeal therefrom.
id.; stay of proceedings..

appeal from final order..

3094

3095

3096

3097

3098

3099

3100

3101

8102

3103

3104

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