shed, and in a newspaper of every county in which such orporation shall have a business office, or if it has no busiess office, of the county in which its principal corporate roperty is situated or in which its operations are or theretoore have been principally conducted, which newspaper, if t be a banking corporation, shall be designated by the uperintendent of banks, if an insurance corporation, by the uperintendent of insurance, or if a railroad corporation, by he railroad commissioners. In the city and county of New York such notice shall be published for six weeks in two Haily newspapers published in such county.

§ 2414. [Am'd 1893.] If the court to which the petiion is presented is satisfied thereby, or by the affidavit and certificate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, and if the petition be to change the name of an Infant, that the interests of the infant will be substantially promoted by the change, and, if the petitioner be a corporation, that the petition has been duly auth rized and that notice of the presentation of the petition, if required by law, has been made, the court shall make an order authorizing the petitioner to assume the name proposed on a day specified therein, not less than thirty days after the entry of the order. The order shall be directed to be entered and the papers on which it was granted to be filed within ten days thereafter in the clerk's office of the county in which the petitioner resides if he be an individual, or in the office of the clerk of the court of common pleas of the city and county of New York if the order be made by that court, or in the office of the clerk of the city court of New York if the order be made by that court, or, if the petitioner be a corporation, in the office of the clerk of the county in which its certificate of incorp ration, if any, shall be filed, or if there be none filed, in which its principal office shall be located, or if it has no busine s office, in the county in which its principal property is situated, or in which its operations are or theretofore have been principally conducted, or in the office of the clerk of the county in which the special term granting the order is held; and, if the petitioner be a corporation, that a certified copy of such order shall, within ten days after the entry thereof, be filed in the office of the Secretary of State; and also, if it be a banking corporation, in the office of the superintendent of banks, or if it be an insurance corporation, in the office of the superintendent of insurance, or if it be a railroad corporation, in the office of the board of railroad commissioners. Such order shall also direct the publication, within ten days after the entry thereof of a copy thereof in a designated newspaper, in the county in which the orde ris directed to be entered, at least once if the peti

1167, ConBoi. Act.

tioner be an individual, or if the petitioner be a corporatin once in each week for four successive weeks. The county dierk in whose office £1 order changing the name of a cor poration is entered, shal record the same si length in thị book kept in his office for recording certificates of incr poration.

$2415 4m`d 1893.] If the order shall be fully cor plied with, and within twenty days after the making the order, an affinit of the pubication thereof shall fled and recorded in the office in which the order is entered and in each off se in which certifed copies thereof are re: quired to be fled, if any, the petitioner shall, on and afte the day specified for that purpose in the order, be known by the name which he is thereby authorized to assume, and tỵ, no other name.

$2416. [4m'd 1833] An action or special proceeding civil or criminal, commenced by or against a person whose name is so changed shall not abate, nor shall any relief, re covery or other proceeding therein be prevented, impeded or impaired in consequence of such change of name. The plaintiff in the action or the party instituting the specis proceeding, or the people, as the case requires, may, at any time obtain an order amending any of the papers or pro ceedings therein by the substitution of the new namen without costs and without prejudice to the action or prececding.

§ 2417. [Am'd 1893.] The clerk of each county and of each court, shall annually, in the month of December, report to the Secretary of State, all changes of names of indi viduals or of corporations, which have been made in pursu ance of orders filed in their respective offices during the past year and since the last previous report, and also report in like manner to the superintendent of banks all changes of the names of banking corporations, and to the superintend ent of insurance all changes of names of corporations authorized to make insurances. The Secretary of State must cause to be published in the next volume of the ses sion laws a tabular statement showing the original name of each person and corporation and the name which he or it has been authorized to assume.

82418. [Apparently superseded in 1893 by § 2417 as

amended.

128 N.Y. 550. 132 N.Y. 212.

§ 2419. If a majority of the directors, trustees, or other 29 Hun, 429. officers, having the management of the concerns of a cor- 2 Abb. N. poration created by or under the laws of the State, discover C. 231. 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 interest 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.

§ 2420. 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 one half 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.

§ 2421. The petition must show that the case is one 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 unsatisfed engagements, entered into by, and subsisting against, the corporation.

2. Á statement of the name and place of residence of each creditor, and of each person with whom such a engagement was made, and to whom it is to be performed. if known; or, if either is not known, a statement of ths! | 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.

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 there upon.

§ 2422. 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.

§ 2423. [Am'd 1889.] 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 cor poration is located. In a case specified in section two | thousand four hundred and twenty of this act, the court may, in its discretion, entertain or dismiss the application. Where it ontertains the application, or where the case is one of those specified in section two thousand four hundred and nmeteen of this act, the court must make an order, requir ing 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. If it shall be made to appear to the satisfaction of the court that the corporation is insolvent, the court may at any stage of the proceeding before final order, on motion of the petitioners on notice to the Attorney-General, or on motion of the AttorneyGeneral on notice to the corporation, appoint a temporary receiver of the property of the corporation, which receiver shall have all the powers and be subject to all the duties that are defined as belonging to temporary receivers appointed in an action, in section one thousand seven hundred and eighty-eight of this act. The court may also, in its discretion, at any stage in the proceeding after such appointment upon like motion and notice, confer upon such temporary receiver the powers and authority, and subject him to the duties and liabilities of a permanent receiver, or as much thereof as it thinks proper, except that he shall not make any final distribution among the creditors and stockholders, before final order in the proceedings, unless he is specially directed so to do by the court. If such receiver be appointed, the court may, in its discretion, on like motion and notice, with or without security, at any stage of the proceeding before the final order grant an injunction, restraining the creditors of the corporation from bringing any action against the said corporation for the recovery of a sum of money, or from taking any further proceedings in such an action theretofore commenced. Such injunction shall have the same effect and be subject to the same provisions of law as if each creditor upon whom it be served was named therein.

§ 2424. A copy of the order must be published, as pre- 128 N. Y. 550. scribed 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.

§ 2425. A copy of the order must also be served upon 4 Month. L. each of the persons, specified in the schedule as a creditor Bul. 64. 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.