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the corporation and file the same, together with a copy of the published notice for the meeting at which such action was taken, and due proof of the publication thereof, in the office of the secretary of the board of regents of the university of the state of New York; and thereupon, if the said proceedings shall have been regularly conducted as above prescribed, the charter of said corporation shall be deemed to be surrendered and the said corporation dissolved. Id., 8 3.
5 Powers of trustees after dissolution. Upon the dissolution of such incorporated academy, as herein provided, the trustees thereof shall forthwith become and be trustees of the creditors and stockholders of the corporation dissolved. They shall have full power to settle the affairs of the said corporation; to collect and pay the outstanding debts; to sue for and recover debts and property thereof by the name of the trustees of such corporation; to sell and dispose of the property thereof, at public or private sale, and to divide among the stockholders the moneys or other property that shall remain after the payment of debts and necessary expenses. Id., $ 4.
6 Notice to present claims; limitation of trustees' liability. The said trustees may, after the dissolution of the said corporation, insert in a newspaper published in the place where the said academy is located, or if there be none such then in a newspaper published within the county, if there be one, or, if not, in an adjoining county, a notice once in each week for three successive months, requiring all persons having claims against the said corporation dissolved to present the same, with proof thereof to the said trustees, at the place designated in such notice, on or before a day therein named which shall be not less than three months from the first publication thereof. In case any action shall be brought upon any such claim which shall not have been presented to the said trustees within three months from the first publication of such notice, the said trustees shall not be chargeable for any assets, moneys, or proceeds of the said corporation dissolved, which they may have paid in satisfaction of other claims against the said corporation, or in making distribution to the stockholders thereof, before the commencement of such action. Id., § 5.
7 Distribution of assets; surrender, etc., of stock certificates. Upon the distribution by the said trustees of assets or property, or the proceeds thereof, of the dissolved corporation among its stockholders the said trustees may require the certificates of ownership of capital stock, if such have been issued, standing in the name of any stockholder claiming a distributive share, or under whom such share is claimed, to be surrendered for cancellation by such stockholder or person claiming the said share; in the event of the non-production of any such certificate, the said trustees may require satisfactory proof of the loss thereof, or of any other cause for such non-production, together with such security as they may prescribe, before payment of the distributive share to which the person or persons claiming upon such share of stock may appear to be entitled. Id., $ 6.
8 Same; notice to stockholders; deposit of funds. In case the said trustees upon such distribution by them of assets or property, or the proceeds thereof, of the dissolved corporation among its stockholders, shall be unable to find any of the said stockholders or the persons lawfully owning or entitled to any portion of the said capital stock, they shall give notice in the manner hereinabove provided for calling the general meeting of stockholders, of such distribution, to the persons in whose name such stock shall stand upon the books of the said corporation, requiring them to appear at a time and place designated, to receive the portion of such assets or property to which they may be entitled; in case of the failure of any such persons to so appear, it shall be lawful for the said trustees to pay over and deliver to the county treasurer of the county wherein such academy was located, or to any trust company or other corporation located within such county and authorized to receive moneys on deposit under order or judgment of a court of record, the proportion of the assets, property or proceeds aforesaid which such non-appearing stock bears to the whole stock; the said trustees shall also deliver therewith a list of the persons entitled to receive the same, together with the separate amounts to which they shall be severally entitled. L. 1889, c. 25, $ 7.
9 Trustees discharged from liability. Upon the payment and discharge of the debts and obligations of the corporation dissolved, as hereinbefore provided, and the distribution of its assets, property and proceeds among the stockholders thereof, and due provision made, as hereinabove prescribed, for the interests of non-appearing stockholders and such as cannot be found, the said trustees shall become and be relieved and discharged from further duty, liability and responsibility by reason of their relation to the said corporation, or towards the stockholders thereof. Id., 8.
10 Funds, how held and paid out. Any county treasurer, trust company or other corporation to whom assets, property or proceeds shall be delivered as herein provided, shall hold the same in trust for the persons designated and entitled to receive it; and upon receiving satisfactory proof of the right and title thereto, or upon the order of any court of record competent to adjudicate thereupon, shall pay over and deliver to any person or persons entitled to receive the same the portion of such proceeds, property or assets to which he or they shall be entitled. Id., S 9.
See also Benevolent, etc., Societies; Betting, etc., & 13; Consolidated School Law; Constitution, $ 122; Corporations, SS 87, 109; Fisheries, etc., Law, & 271; Trials, § 52 ; University Law. DEFINITION OF; see University Law, $ 2.
For earlier laws on this subject, see Birdseye's Chronological Table of Statutes, under L. 1787, c. 82; L. 1801, Revised Acts (2 K. & R. 238) and 2 R. L. 1813, c. 59, p. 263.
ACCESSORY. To misdemeanor. When an act or omission is declared by statute to be a misdemeanor, and no punishment for aiding or abetting in the doing thereof is expressly prescribed, every person who aids, or abets another in such act or omission is also guilty of a misdemeanor. Pen. Code, $ 682.
See also Crimes, ss 6–12; Escapes, SS 6, 7, 10; Forcible Entry_and Detainer, $ 1; Forgery, SS 8, 21; Kidnapping, $ 1; Robbery, $ 5; Suicide, SS 4–6; Trials, $ 273.
ACCIDENT INSURANCE COMPANIES. See Insurance Law, SS 70–92, 200-216.
(Note.- These corporations were formerly chartered under L. 1853, c. 463, and L. 1883, c. 175. See Birdseye's R. S., 1st ed., pp. 11 and 1560.)
ACCIDENTS. See Buildings, $ 1; Death, Action for Causing; Homicide, S8 17-21, 23, 25; Railroad Law, SS 53, 41, 138–141, 262; Trials, $ 304.
ACCOMPLICE. See Accessory.
ACCOUNTANTS. See Public Accountants; State Treasurer, $ 16.
ACCOUNTS AND ACCOUNTING. ACCOUNT, ACTION OF: see Executors, etc., $ 173; Justices' Courts, SS 85, 86; Limitations,
25; Payment, etc., $ 7; Pleadings, $ 54; Trusts and Trustees, $ 26. DISCOVERY OF; see Evidence, ş 41.
REFERENCE TO TAKE; see Trials, SS 35, 37.
OF CLAIMS FOR SHEEP KILLED; see County Law, $ 120.
ACCOUNTS, AUDITING — (Continued)
BY LEGISLATIVE COMMITTEE; see Legislative Law, $ 63.
Town Law, $ 167.
State Funds, SS 148, 149; Town Law, SS 162-164, 167.
FRAUDULENT Audit; see Public Officers Law, SS 119, 120.
S$ 122, 126.
BY AUDITOR OF CANAL DEPARTMENT; see State Funds, & 70.
Law, $ 80.
OF FEES, ETC.; see Fees, 7.
SS 192, 193; Villages, SS 87, 88.
BY ASSIGNEES; see Assignments for Benefit of Creditors, &$ 6, 6, 10-20; Under
takings, $ 3.
vency, $ 87; Undertakings, $ 3.
troller, ss 1-3, 18–32, 35; County Law, $$ 140, 141; Emigrants, $ 64; Executors,
$ 7; State Funds, SS 31, 34, 113, 202; State Treasurer, 8 1ì.
42, 53–55, 64, 65, 75, 82, 85–97, 105–111, 116–129; Surrogates' Courts, ss 27, 120;
Undertakings, $ 3.
15–17. 22–25, 27-30, 35–37; Insanity Law, $ 169; Surrogates' Courts, $s 27, 120;
Trusts and Trustees, $ 18; Undertakings, $ 3.
ings, 3. BY SHERIFF; see Prisons, SS 144-146. TO STATE ENGINEER AND SURVEYOR; see Canal Law, $ 56.
ACCOUNTS RENDERED — (Continued)
BY STATE TREASURER; see Consolidated School Law, $ 19; State Treasurer, SS 4, 6.
Normal Schools, $ 9.
8 24; Poor Law, $ 137i; Town Law, SS 80, 174.
Law, $$ 12, 141, 142, 148, 233; Disorderly Persons,' s 21; Poor Law, S 84;
Villages, & 191.
Poor Law, SS 26, 27; Town Law, SS 160–176, 254.
bership Corporations Law, $ 57; Surrogates Courts, ss 27, 120; Trusts and
Trustees, SS 18, 23, 24, 28-35, 40, 67–69, 86, 92, 93; Villages, S$ 86–88.
BY Trust COMPANLIS; see Banking Law, $ 158. ACCOUNT SALES; see Domestic Commerce Law, $ 30.
ACCUMULATING FUND ASSOCIATIONS. Note.— These corporations were formerly chartered under L. 1851, c. 122; L. 1872, c. 820, and L. 1881, c. 351. See Birdseye's R. 8., 1st ed., pp. 10, 342, 660.
Real Property Law, S$ 207, 240-277.
260, 262, 272.
250a, 257, 260–262.
ACQUITTAL. See Crimes, SS 15, 31, 33, 46; Indictment, SS 57, 58; Judgment, etc., $ 96; Jurisdiction, $87, 8; Trials, 88 321, 323, 326, 328.
ACRE. See Domestic Commerce Law, $ 3.
ACROBATIC EXHIBITIONS. Safeguards; neglect punished. The proprietor, occupant or lessee of any place where acrobatic exhibitions are held, who permits any person to perform on any trapeze, rope, pole or other acrobatic contrivance, without net-work or other sufficient means of protection from falling or other accident and any person who makes or attempts to make an ascension by means of a balloon, with a trapeze or parachute attachment, or any other device for the purpose of making a descent from such balloon, is guilty of a misdemeanor punishable for the first offense by a fine of two hundred and fifty dollars, and for each subsequent offense by a fine of two hundred and fifty dollars and imprisonment not less than three months nor more than one year. Pen. Code, 8 384, as am'd L. 1892, c. 268.
See also Children, 8 48; Exhibitions ; Sunday, $ 15.
ACTIONS. $3 1-- 8. Definitions, etc.
9--33. Commencement of an Action, 34--36. Consolidation of Actions. 37--42. Certain Actions for Wrongs, etc. 43--49. Actions by or against Certain County, Town and Municipal Officers. 50--58. Action against the Usurper of an Office or Franchise. 59--62. Actions to Vacate Letters Patent. 63--70. Action Founded upon the Spoliation or other Misappropriation of Public
Property. 71--78. Miscellaneous Provisions Relating to Actions, etc., in Behalf of the
People. 79--80. Actions against Counties and Towns and Officers thereof. 81--83. General Provisions as to Civil Actions or Proceedings.
Definitions, etc. 1 Defined. The word “action," as used in the New Revision of the Statutes, when applied to judicial proceedings, signifies an ordinary prosecution, in á court of justice, by a party against another party, for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. Code Civ. Pro., § 3333. 13 How. Pr. 398; 20 id. 378, 380; 12 Abb. N. C. 156, 157; 20 id. 152, n.; 10 Daly, 71; 98 N. Y. 336, 341; 38 Hun, 376, 377; 47 id. 43, 44;
4 N. Y. Cr. R. 583; 112 N. Y. 382; 18 Civ. Pro. 258, 354; 19 id. 7, 420; 21 id. 255; 61 Hun, 365; 68 id. 252; 70 id. 104; 76 id. 74; 83 id. 420; 26 Abb. N. C. 40; 31 N. Y. St. R. 19; 34 id. 493; 40 id. 684, 765; 42 id. 729; 45 id. 486; 52 id. 187; 53 id. 541; 58 id. 740; 66 id. 820; 2 N. Y. Supp. 43, 369, 619; 9 id. 415, 662; 10 id. 399; 11 id. 780; 13 id. 835; 16 id. 120, 726; 22 id. 968; 64 N.
Y. St. R. 748; 2 App. Div. 412. 2 Special proceedings defined. Every other prosecution by a party, for either of the purposes specified in the last section, is a special proceeding. Code Civ. Pro., $ 3334. 11 N. Y. 477; 78 id. 541, 542; 96 id. 32, 37; 98 id. 336, 341; 12 Abb. N. C. 156, 157; 20 id.
152, n.; 10 Daly, 71; 23 W. D. 428; 11 Civ. Pro. 351, n.; 12 id. 417, 419; 18 id. 258, 354; 19 id. 7, 420; 130 N. Y. 602; 61 Hun, 365; 68 id. 252; 69 id. 275; 70 id. 104; 76 id. 74; 83 id. 420; 26 Abb. N. C. 40; 29 id. 187; 31 N. Y. S 19; 34 d. 493; 40 id. 684. 765; 42 id. 729; 45 id. 486; 48 id. 619; 52 id. 187; 53 id. 38, 541; 58 id. 740; 9 N. Y. Supp. 415, 662; 10 id. 399; 11 id. 780; 13 id. 835; 16 id. 120, 726; 22 id. 968; 64
N. Y. St. R. 748; 2 App. Div. 412. 3 Kinds of actions. Actions are of two kinds: 1. Civil. 2. Criminal. Code Civ. Pro.. § 3335. 4 N. Y. Cr. R. 584; 9 N. Y. Supp. 663.
4 Criminal action defined. A criminal action is prosecuted by the people of the state, as a party, against a person charged with a public offence, for the punishment thereof. Code Civ. Pro., § 3336. 4 N. Y. Cr. R. 584. 5 Other actions civil. Every other action is a civil action. Code Civ. Pro., 3337. 47 Hun, 121, 125.
6 Parties to civil action. The party prosecuting a civil action is styled the plaintiff; the adverse party is styled the defendant. Code Civ. Pro., $ 3338.
5 L. B. 6; 81 Hun, 362; 63 N. Y. St. R. 150.