the affidavit of sale, or upon his executor or administrator. But, if it is shown to the court, by affidavit, that service upon any person, required to be served, cannot be so made with due diligence, notice may be given to him in which the court directs. Code Civ. Pro., § 2406. any manner 18 Reference to determine claims; order for distribution. Upon the presentation of the petition, with due proof of notice of application, the court must make an order, referring it to a suitable person, to ascertain and report the amount due to the petitioner, and to each other person, which is a lien upon the surplus money; and the priorities of the several liens thereupon. Upon the coming in and confirmation of the referee's report, the court must make such an order, for the distribution of the surplus money, as justice requires. Code Civ. Pro., § 2407. 6 Barb. 470; 30 id. 268; 43 id. 618; 47 id. 91; 31 id. 290; 3 Lans. 512; s. c. 41 How. Pr. 279; s. c. 60 Barb. 410; 53 N. Y. 404, aff'g 13 Abb. Pr. N. S. 97; 12 Abb. Pr. 458; 15 id. 227; 23 W. D. 428. 19 Application of last four sections limited. The last four sections do not apply to surplus money, arising upon the sale of real property, of which a decedent died seized, where letters testamentary or letters of administration, 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. Code Civ. Pro., § 2408. 20 Provisions for foreclosure of certain mortgages not affected. This title* does not affect any provision of law, inconsistent therewith, especially relating to the foreclosure of mortgages to the people of the state, or to the commissioners for loaning certain moneys of the United States. Code Civ. Pro., § 2409, as am'd L. 1882, c. 399. 21 Alb. L. J. 16; 52 Hun, 352; 5 N, Y. 144; 137 id. 223; 18 id. 139; 30 id. 104; 79 id. 54; 3 id. 296; 48 id. 665; 13 N. Y. Supp. 209; 35 N. Y. St. R. 898; 23 id. 429; 50 id. 795; 41 id. 22; 20 Civ. Pro. 113; 1 Keyes, 316; 6 Barb. 37; 21 id. 570; 36 id. 655; 4 Lans. 80; 7 Hill, 431; 8 Paige, 633; 3 id. 390; 4 Abb. App. Dec. 585; 6 Johns. Ch. 323; 3 Sandf. Ch. 35; 36 How. Pr. 145. COSTS AND DISBURSEMENTS UPON; see Costs, §§ 1-3. ON RAILROAD; see Railroad Law, § 81. ON REAL PROPERTY OF A DECEDENT; see Executors, etc., §§ 160, 161. REMOVAL OF PERSON HOLDING OVER AFTER; see Summary Proceedings, §§ 3, 6. BANK NOTES; see Banking Law, §§ 82, 89; Forgery, § 5, subd. 3. BANKS AND BANKERS; see Banking Law, § 88; Tax Law, § 188, 189, 192, 194. BILLS OF EXCHANGE; see Bills, etc., §§ 12-17, 24; Forgery, $$ 3, 5. CONVICTION OR ACQUITTAL; see Acquittal; Conviction; Crimes, §§ 32, 33. CORPORATIONS GENERALLY; see Banking Law, SS 31, 32; Corporations; Executive Law, § 73; Insurance Law, SS 33, 34, 205, 324-327; Liquor Tax Law, § 23; Monopolies, § 3; Tax Law, § 181, 201. COUNTRIES, CORPORATIONS FOR CONSTRUCTING RAILROADS IN; see Railroad Law, §§ 2, 17-19. DEPOSITIONS TAKEN IN; see Depositions, §§ 25, 41-43. DEPOSITIONS TAKEN WITHIN THE STATE FOR USE IN; see Depositions, §§ 44-50. FLAGS AND EMBLEMS OF, ON PUBLIC BUILDINGS; see Public Buildings Law, § 58. LAWS, RECORDS, ETC., OF, HOW PROVED; see Evidence, §§ 65, 75-78, 80. MONEY OF; see Bills, etc., § 15; Forgery, §§ 3, 5, 20. COURTS, ACTIONS BY PEOPLE OF NEW YORK IN; see Actions, § 65. EXECUTORS OR ADMINISTRATORS; see Executors, etc.; Tax Law, § 228. INSURANCE COMPANIES; see Insurance Law. JURY; see Trials, § 92. MINISTERS; see Ministers, Public. PAUPERS; see Poor Law, §§ 55, 90-104, 120. RAILROAD COMPANIES; see Railroad Law, §§ 51, 76-77a. VESSEL, ATTACHMENT OF; see Attachment, §§ 63, 66. See also Aliens; Foreign Convicts. FOREIGN CONVICTS. 1 Importing foreign convicts. An owner, master or commander of any vessel arriving from a foreign country, who knowingly lands or permits to land at any *This subject. port, city, harbor, or place within this state, any passenger, seaman or other person who is a foreign convict of any crime which, if committed within this state, would be punishable therein, without giving notice thereof to the mayor of such city, or other principal municipal officer of such port or place, is guilty of a misdemeanor. Pen. Code, § 153. 2 Master of vessel bringing foreign convict. A person, being the master or commander of any vessel, or boat, arriving from a foreign country, who knowingly brings into this state a person who has been, or is a foreign convict of any offense, which if committed in this state would be punishable therein, is guilty of a misdemeanor. Pen. Code, § 440. 3 Punishment, when remitted. When the master of a vessel arriving from a foreign country is convicted of having knowingly brought a person convicted therein of a crime, which, if committed in this state, would be a felony, to a place within the state, the court before which the conviction is had may, if satisfied that the defendant has reconveyed the convict to the place from which he took him, and on payment of the costs of prosecution, order the punishment upon the conviction to be remitted. Code Crim. Pro., § 674. See also Convicts; Conviction; Crimes; Foreign; Misdemeanors. FOREMAN. OF GRAND JURY; see Grand Juries, SS 46-49, 55; Indictment, §§ 3, 4, 7. FORESTBURG, TOWN OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 36. FORESTPORT, TOWN OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 48. FORESTS AND FOREST PRESERVE. See Constitution, § 101; Fires, § 9; Fisheries, etc., Law; Public Lands Law, §§ 6-8, 16. 84, 111; Tax Law, §§ 3, 22, 30, 41, 80, 89, 100, 122, 126, 140, 150, 151, 156; Town Law, § 82. See Fines, etc. FORFEITURES. FORGERY. 1 Injury, etc., to public record. A person who, willfully and unlawfully removes, mutilates, destroys, conceals, or obliterates a record, map, book, paper, document, or other thing, filed or deposited in a public office or with any public officer by authority of law, is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both. Pen. Code, § 94. 18 Barb. 260, 263; 3 N. Y. Cr. R. 304; 138 N. Y. 386; 22 id. 576; 67 Hun, 560; 51 N. Y. St. R. 480; 52 id. 912; 22 N. Y. Supp. 576. See Public Officers Law, § 105. 2 Offering false or forged instrument to be filed or recorded. A person who knowingly procures or offers any false or forged instrument to be filed, registered or recorded in any public office within this state, which instrument, if genuine, might be filed or registered or recorded under any law of this state or of the United States, is guilty of felony. Pen. Code, § 95. 64 N. Y. St. R. 744. 3 Forgery in first degree defined. A person is guilty of forgery in the first degree who with intent to defraud, forges, 1. A will or codicil of real or personal property, or the attestation thereof, or a deed or other instrument, being or purporting to be the act of another, by which any right or interest in property is or purports to be transferred, conveyed, or in any way charged or affected; or 2. A certificate of the acknowledgment or proof of a will, codicil, deed, or other instrument, which by law may be recorded or given in evidence when duly proved or acknowledged, made or purporting to have been made by a court or officer duly authorized to make such a certificate; or 3. A certificate, bond, paper writing, or other public security, issued or purporting to have been issued by or under the authority of this state, or of the United States, or of any other state or territory of the United States, or of any foreign government, country or state, or by any officer thereof in his official capacity, by which the payment of money is promised absolutely or upon any contingency, or the receipt of any money or property is acknowledged, or being or purporting to be evidence of any debt or liability, either absolute or contingent, issued or purporting to have been issued by lawful authority; or 85 Hun, 320, 336. 4. An indorsement or other instrument, transferring or purporting to transfer the right or interest of any holder of such a certificate, obligation, public security, evidence of debt or liability, or of any person entitled to such right or interest; or 5. A certificate of stock, bond or other writing, bank note, bill of exchange, draft, check, certificate of deposit, or other obligation or evidence of debt, issued or purporting to be issued by any bank, banking association or body corporate existing under the laws of this state, or of the United States, or of any other state, government, or country, declaring or purporting to declare any right, title or interest of any person in any portion of the capital stock, or property of such a body corporate, or promising or purporting to promise or agree to the payment of money, or the performance of any act, duty, or obligation; or 6. An indorsement or other writing, transferring or purporting to transfer the right or interest of any holder of such a certificate, bond, or writing obligatory, or of any person entitled to such right or interest. Pen. Code, § 509. 6 C. H. Rec. 18, 23, 27, 61; 1 id. 159; 3 id. 59; 2 Johns. Cas. 342; 8 Hun, 623; 8 Barb. 560; 21 Wend. 509; 6 Park. 135, 683; 1 id. 469; 18 Johns. 163; 6 Cow. 72; 25 Wend. 472; 47 N. Y. St. R. 113; 66 id. 453. 4 False certificate to certain instruments. An officer authorized to take the proof or acknowledgment of an instrument which by law may be recorded, who willfully certifies falsely, that the execution of such an instrument was acknowledged by any party thereto, or that the execution of any such instrument was proved, is guilty of forgery in the first degree. Pen. Code, § 510. 6 Park. 683; 70 Hun, 111; 54 N. Y. St. R. 190; 24 N. Y. Supp. 201. 5 Forgery in second degree. A person is guilty of forgery in the second degree who, with intent to defraud, 1. Forges the great or privy seal of this state, the seal of any court of record, or of any public office or officer authorized by law, or of any body corporate created by or existing under the laws of this state, or of the United States, or of any other state or any territory of the United States, or of any other state, government, or country, or any impression of such a seal; or any gold or silver coin, whether of the United States, or of any foreign state, government or country; or 2. Forges a record of a will, conveyance, or instrument of any kind, the record of which is by the law of this state made evidence, or of any judgment, order, or decree of any court or officer, or a certified or authenticated copy thereof; or A judgment roll, judgment, order, or decree of any court or officer, or an enrollment thereof, or a certified or authenticated copy thereof, or any document or writing purporting to be such judgment, order, decree, enrollment, or copy; or An entry made in any book of record or accounts, kept by or in the office of any officer of this state, or of any village, city, town, or county of the state, by which any demand, claim, obligation, or interest, in favor of or against the people of the state, or any city, village, town or county, or any officer thereof, is or purports to be created, increased, diminished, discharged, or in any manner affected; or an entry made in any book of records or accounts kept by a corporation doing business within the state, or in any account kept by such a corporation, whereby any pecuniary obligation, claim, or credit is or purports to be created, increased, diminished, discharged, or in any manner affected; or An instrument, document, or writing, being or purporting to be, a process or mandate issued by a competent court, magistrate, or officer of the state, or the return of an officer, court or tribunal, to such a process or mandate; or a bond, recognizance, undertaking, pleading, or proceeding, filed or entered in any court of the state, or a certificate, order or allowance by a competent court, or officer, or a license or authority granted pursuant to any statute of the state or a certificate, document, instrument, or writing, made evidence by any law or statute; or An instrument or writing, being or purporting to be the act of another, by which a pecuniary demand or obligation is or purports to be or to have been created, increased, discharged, or diminished, or in any manner affected, or by which any rights or property whatever are or purport to be or to have been created, transferred, conveyed, discharged, increased, or diminished, or in any manner affected, the punishment for forging, altering, or counterfeiting which is not hereinbefore prescribed, by which false making, forging, altering, or counterfeiting, any person may be bound, affected or in any way injured in his person or property; or 85 Hun, 320. 3. Makes or engraves a plate in the form or similitude of a promissory note, bill of exchange, bank note, draft, cheque, certificate of deposit, or other evidence of debt, issued by a banker, or by any banking corporation or association, incorporated or carrying on business under the laws of the state, or of the United States, or of any other state or territory of the United States, or of any foreign government, or country, without the authority of such banker, or banking corporation or association; or Without like authority, has in his possession or custody such a plate, with intent to use, or permit the same to be used, for the purpose of taking therefrom any impression to be uttered; or Without like authority, has in his possession or custody any impression taken from such a plate, with intent to have the same filled up and completed for the purpose of being uttered; or Makes or engraves, or causes to be made or engraved, upon any plate, any figures or words, with intent that the same may be used for the purpose of falsely altering any evidence of debt herein before mentioned. Pen. Code, § 511. 21 Wend. 509; 1 id. 198; 3 Hun, 387; 4 id. 455; 8 id. 562; 32 id. 179; 43 id. 40; 75 id. 329; 3 C. H. Rec. 59, 142; 2 id. 46, 54; 5 id. 87; 6 id. 25, 27, 61; 4 id. 163; 1 id. 159; 5 Johns. 236, 237; 14 id. 348; 9 Barb. 664; 25 N. Y. 380; 95 id. 624; 4 Park. 217, 242; 6 Cow. 72; 9id. 778; 26 N. Y. 193, rev'g 5 Park. 337; 11 W. D. 492; 42 N. Y. St. R. 165; 48 id. 438; 55 id. 669; 58 id. 222; 66 id. 451; 70 id. 66; 17 N. Y. Supp. 396. 6 Form and similitude defined. A plate, specifled in the last section, is in the form and similitude of the genuine instrument imitated, if the finished parts of the engraving thereupon resemble and conform to similar parts of the genuine instruments. Pen. Code, § 512. 4 Park. 242; 6 C. H. Rec. 63; 95 N. Y. 624. 7 Written instrument or writing defined. An instrument partly written and partly printed, or wholly printed with a written signature thereto, and any signature or writing purporting to be a signature of, or intended to bind an individual, a partnership, a corporation or association or an officer thereof, is a written instrument or a writing, within the provisions of this chapter. Pen. Code, § 513. 4 Park. 166; 142 N. Y. 38; 58 N. Y. St. R. 443. 8 Other cases of forgery in third degree. A person who either, 1. Being an officer or in the employment of a corporation, association, partnership or individuals falsifies, or unlawfully and corruptly alters, erases, obliterates or destroys any accounts, books of accounts, records, or other writing, belonging to or appertaining to the business of the corporation, association or partnership or individuals; or, 2. Who, with intent to injure or defraud, shall falsely make, alter, forge or counterfeit, or shall cause, aid, abet, assist or otherwise connive at, or be a party to the making, altering, forging or counterfeiting of any letter, telegram or other written communication, paper, or instrument by which making, altering, forging or counterfeiting, any other person shall be in any manner injured in his good name, standing, position or general reputation; or, 3. Who shall alter, or who shall cause, aid, abet, or otherwise connive at, or be a party to the uttering of any letter, telegram, report or other written communication, paper or instrument purporting to have been written or signed by another person, or any paper purporting to to be a copy of any such paper or writing where no original existed, which said letter, telegram, report or other written communication, paper or instrument, or paper purporting to be a copy thereof, as aforesaid, the person uttering the same shall know to be false, forged or counterfeited, and by the uttering of which the sentiments, opinions, conduct, character, prospects, interests or rights of such other person shall be misrepresented or otherwise injuriously affected; or, 4. With intent to defraud, shall forge, counterfeit or falsely alter and wrongfully utter any ticket, contract or other paper, or writing entitling, or purporting to entitle, the person whose name appears therein, or the holder or bearer thereof, to entrance upon the grounds or premises of any membership corporation, or being thereupon, to remain upon such grounds or premises; or with like intent, shall use any such ticket, contract or other paper or writing, to effect an entrance or as evidence of his right to remain upon such grounds or premises; or, with like intent, shall sell, exchange or deliver, or keep or offer for sale, exchange or delivery, or receive upon any purchase, exchange or delivery, any such ticket, contract, or other paper or writing, knowing the same to have been forged, counterfeited or falsely altered, is guilty of forgery in the third degree. Pen. Code, § 514, as am'd L. 1884, c. 378, and L. 1892, c. 692. 49 How. Pr. 462; 6 Hun, 428; 75 N. Y. 484, aff'g 15 Hun, 155; 11 W. D. 492; 142 N. Y. 38; 75 Hun, 329; 58 N. Y. St. R. 222, 443. 9 Same. A person who, with intent to defraud or to conceal any larceny or misappropriation by any person of any money or property, either 1. Alters, erases, obliterates, or destroys an account, book of accounts, record, or writing, belonging to, or appertaining to the business of, a corporation, association, public office or officer, partnership, or individual; or, 2. Makes a false entry in any such account, or book of accounts; or, 3. Willfully omits to make true entry of any material particular in any such account or book of accounts, made, written, or kept by him or under his direction; Is guilty of forgery in the third degree. Pen. Code, § 515. 49 How. Pr. 462; 142 N. Y. 38; 75 Hun, 329; 58 N. Y. St. R. 222, 443. 10 Forging, etc., passage tickets. A person who, with intent to defraud, forges, counterfeits, or falsely alters any ticket, check or other paper or writing, entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railway, or in any vessel or other public conveyance; and a person who, with like intent, sells, exchanges or delivers, or keeps or offers for sale, exchange or delivery, or receives upon any purchase, exchange or delivery, any such ticket, knowing the same to have been forged, counterfeited or falsely altered, is guilty of forgery in the third degree. Pen. Code, § 516. 11 Forging, etc., postage or revenue stamps. A person who forges, counterfeits or alters any postage or revenue stamp of the United States, or who sells, or offers, or keeps for sale, as genuine or as forged, any such stamp, knowing it to be forged, counterfeited or falsely altered, is guilty of forgery in the third degree. Pen. Code, § 517. 12 Officer of corporation selling forged stock or bonds, etc. An officer, agent or other person employed by any company or corporation existing under the laws of this state, or of any other state or territory of the United States, or of any |