59 How. Pr. 507. 1 Civ. Pro. 89. of this article, and duly served upon him, or an oral direction, given directly to him by a judge or referee, in the course of the special proceeding; or to attend before a judge or referee, according to the command of a subpoena, duly served upon him; may be punished by the judge, or by the court out of which the execution was issued, as for a contempt. § 2458. [A'md 1881.] In order to entitle a judgment creditor to maintain either of the special proceedings, authorized by this article, the judgment must have been rendered upon the judgment debtor's appearance, or personal 140 N.Y. 447. service of the summons upon him, for a sum not less than twenty-five dollars, and the execution must have been issued out of a court of record; and, either, 8 Id. 43. 1. To the sheriff of the county where the judgment debtor has, at the time of the commencement of the special proceeding, a place for the regular transaction of business in person; or, 2. If the judgment debtor is then a resident of the State, to the sheriff of the county where he resides; or, 3. If he is not then a resident of the State, to the sheriff of the county where the judgment-roll is filed; unless the execution was issued out of a court, other than that in which the judgment was rendered, and, in that case, to the sheriff of the county where the transcript of the judgment is filed. § 2459. If the judgment debtor, or other person, required to attend and be examined, as prescribed in this article, or the officer of a corporation, required to attend in its behalf, is, at the time of the service of the order upon him, a resident of the State, or then has an office, within the State, for the regular transaction of business in person, he cannot be compelled to attend, pursuant to the order, or to any adjournment, at a place without the county wherein his residence or place of business is situated. § 2460. [Am'd 1881.] A party or a witness, examined in a special proceeding, authorized by this article, is not excused from answering a question, on the ground that his examination will tend to convict him of the commission of a fraud; or to prove that he has been a party or privy to, or knowing of, a conveyance, assignment, transfer or other disposition of property for any purpose; or that he or another person claims to be entitled as against the judgment creditor, or a receiver appointed or to be appointed in the special proceeding, to hold property, derived from or through the judgment debtor, or to be discharged from the payment of debt which was due to the judgment debtor, or to a person in his behalf. But an answer cannot be used as evidence against the person so answering, in a criminal action or criminal proceeding. 2461. Where the execution was issued as prescribed in section one thousand nine hundred and forty-one of this act, a debt due to, or other personal property owned by, one or more of the defendants not summoned, jointly with the defendants summoned, or with any of them, may be reached by a special proceeding, instituted as prescribed in this article, and founded upon the judgment. § 2462. Sections twenty-six, fifty-two, and two hundred and seventy-nine of this act apply to a special proceeding, instituted as prescribed in this article; and the judge before whom it is continued, as prescribed in either of those sections, is deemed to be the judge to whom an order or warrant is returnable, for the purpose of any provision of this or the next article. § 2463. [Am'd 1886.] This article does not apply where the judgment debtor is a corporation created by or under the laws of the State, or a foreign corporation specified in section one thousand eight hundred and twelve of this act, except in those actions or special proceedings brought by or against the people of the State. Nor does it authorize the seizure of, or other interferences with, any property which is especially exempt by law from levy and sale by virtue of an execution; or any money, thing in action, or other property held in trust for a judgment debtor, where the trust has been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor; or the earnings of the judgment debtor for his personal services rendered within sixty days next before the institution of the special proceeding; when it is made to appear by his oath or otherwise that those earnings are necessary for the use of a family, wholly or partly supported by his labor. ARTICLE SECOND. THE RECEIVER. 22464. When and how receiver may be appointed. 2465. Notice to other creditors. 2466. Only one receiver to be appointed. Former receivership may be extended. 2467. Order to be filed and recorded. § 2468. When property is vested 2469. How receiver's title to 2470. County Clerk to record 2471. Receiver to be subject to 93 N.Y. 79. 140 Id. 447. 2464. At any time after making an order, requiring 14 Abb. N. the judgment debtor, or any other person, to attend and be C. 322. examined, or issuing a warrant, as prescribed in article first of this title, the judge to whom the order or warrant is returnable may make an order, appointing a receiver of the property of the judgment debtor. At least two days' notice of the application for the order appointing a receiver, must be given personally to the judgment debtor, unless the judge is satisfied that he cannot, with reasonable diligence, be found within the State; in which case, the order 14 Week. Dig. 241. 5. N. Y. State Rep. 816. 14 Id. 536. 117 N. Y. 297. 117 N.Y.297. must recite that fact, and may dispense with notice, or may § 2465. The judge must ascertain, if practicable, by the oath of the judgment debtor, or otherwise, whether an action, specified in article first of title fourth of chapter fifteenth of this act, or a special proceeding instituted as prescribed in article first of this title, is pending against the judgment debtor. If either is pending, and a receiver has not been appointed therein, notice of the application for the appointment of a receiver, and of all the subsequent proceedings respecting the receivership, must be given, in such a manner as the judge directs, to the judgment creditor prosecuting it. § 2466. Only one receiver of the property of a judgment debtor shall be appointed. Where a receiver thereof has already been appointed, the judge, instead of making the order prescribed in the last section but one, must make an order, extending the receivership to the special proceeding before him. Such an order gives to the judgment creditor the same rights, as if a receiver was then appointed upon his application; including the right to apply to the court to control, direct, or remove the receiver, or to subordinate the proceedings in or by which the receiver was appointed, to those taken under his judgment. § 2467. An order appointing a receiver, or extending a receivership, must be filed in the office of the clerk of the county, wherein the judgment-roll in the action is filed; or, if the special proceeding is founded upon an execution issued out of a court, other than that in which the judg ment was rendered, in the office of the clerk of the county, wherein the transcript of the judgment is filed. § 2468. The property of the judgment debtor is vested in a receiver, who has duly qualified, from the time of filing the order appointing him, or extending his receivership, as the case may be; subject to the following exceptions: 1. Real property is vested in the receiver, only from the time when the order, or a certified copy thereof, as the case may be, is filed with the clerk of the county where it is situated. 2. Where the judgment debtor, at the time when the order is filed, resides in another county of the State, his personal property is vested in the receiver, only from the time when a copy of the order, certified by the clerk in whose office it is recorded, is filed with the clerk of the county where he resides. § 2469. [Am'd 1892, amendment to take effect September 1, 1892.] Where the receiver's title to personal property has become vested, as prescribed in the last section, it also extends back, by relation, for the benefit of the judgment creditor, in whose behalf the special proceeding was instituted, as follows: 1. Where an order, requiring the judgment debtor to attend and be examined, or a warrant, requiring the sheriff to árrest him and bring him before the judge, has been served, before the appointment of the receiver or the extension of the receivership, the receiver's title extends back so as to include the personal property of the judgment debtor, at the time of the service of the order or warrant, 2. Where an order or warrant has not been served, as specified in the foregoing subdivision, but an order has been made, requiring a person to attend and be examined, concerning property belonging, or a debt due, to the judgment debt r, the receiver's title extends to personal property belonging to the judgment debtor, which was in the hands or under the control, of the person or corporation thus required to attend, at the time of the service of the order; and to a debt then due to him from that person or corporation. 3. In every other case, where notice of the application for the appointment of the receiver was given to the judgment debtor, the receiver's title extends to the personal property of the judgment debtor, at the time when the notice was served, ether personally, or by complying with the requirements of an order, prescribing a substitute for personal service. 4. Where the case is within two or more of the foregoing subdivisions of this section, the rule most favorable to the judgment creditor must be adopted. But this section does not affect the title of a purchaser in good faith, without notice, and for a valuable consideration; or the payment of a debt in good faith, and without notice. 5. No person shall be appointed a receiver in this State who is not a resident thereof, nor shall any person continue to act as receiver after he ceases to be a resident thereof, and the judgment creditor may apply to the court or judge that appointed such receiver, within thirty days after said receiver ceases to be a resident of this State, for the appointment of another person in his place, upon such notice to the persons interested as the court or judge may direct. §§ 2470-2471a § 2470. Each county clerk must keep in his office a book, indexed to the names of the judgment debtors, styled "book of orders appointing receivers of judgment debtors." A county clerk, in whose office an order or a certified copy of an order is filed, as pres ribed in section two thousand four hundred and sixty-seven or section two thousand four hundred and sixty-eight of this act, must immediately note thereupon the time of filing it, and, as soon as praticable, must record it in the book so kept by him. He must also, upon request, furnish forthwith to any party or person interested, one or more certified copies thereof. For each omission to comply with any provision of this section, a county clerk forfeits, to the party ag grieved, two hundred and fifty dollars, in addition to all damages sustained by reason of the omission. § 2471. A receiver, appointed as prescribed in this article, is subject to the direction and control of the court out of which the execution was issued. Where an order has been made, extending a receivership to a special proceeding founded upon a subsequent judgment, the control over, and direction of, the receiver, with respect to that judgment, remain in the court to whose control and direction he was originally subject. TITLE XIII. [Added 1893.] To compel delivery of books to public officer. § 2471a. A public officer may demand from any person in whose possession they may be, a delivery to such officer of the books and papers belonging or appertaining to such office. If such demand is refused, such officer may make complaint thereof to any justice of the supreme court of the district, or to the county judge of the county in which the person refusing resides. If such justice or judge be satisfied that such books or papers are withheld, he shall grant an order directing the person refusing to show cause before him at a time specified therein, why he should not deliver the same. At such time, or at any time to which the matter may be adjourned, on proof of the due service of the order, such justice or judge shall proceed to inquire into the circumstances. If the person charged with withholding such books or papers makes affidavit before such justice or judge that he has delivered to the |