§ 2467. Order to be filed and recorded. 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 judgment was rendered, in the office of the clerk of the county, wherein the transcript of the judgment is filed. From Co. Proc. part of § 298. § 2468. When property is vested in receiver. 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. How receiver's title to personal property extended by relation. 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 arrest 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 debtor, the receiver's title extends to the 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, either 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. 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. SUR PRA 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. Sub. 5 added by ch. 85 of 1892. § 2470. County clerk to record orders, etc.; penalty for neglect. 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 prescribed in section 2467 or section 2468 of this act, must immediately note thereupon the time of filing it, and, as soon as practicable, 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 aggrieved, two hundred and fifty dollars, in addition to all damages sustained by reason of the omission. From Co. Proc. part of § 298. § 2471. Receiver to be subject to control of court. 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. From Id. TITLE XIII. Proceedings to compel the delivery of books to a public officer. SEC. 24718. Delivery of books and papers, how enforced. § 2471a. Delivery of books and papers, how enforced. 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 officer all books and papers in his custody which, within his knowledge, or to his belief belong or appertain thereto, such proceedings before such justice or judge shall cease, and such person be discharged. If the person complained against shall not make such oath, and it appears that any such books or papers are withheld by him, such justice or judge shall commit him to the county jail until he delivers such books and papers, or is otherwise discharged according to law. On such commitment, such justice or judge, if required by the complainant, shall also issue his warrant directed to any sheriff or constable, commanding him to search, in the daytime, the places designated therein, for such books and papers, and to bring them before such justice or judge. If any such books and papers are brought before him by virtue of such warrant, he shall determine whether they appertain to such office, and if so shall cause them to be delivered to the complainant. Added by ch. 179 of 1893. See rule 14 (Sup. Ct.). TITLE CHAPTER XVIII. Surrogates' Courts, and Proceedings Therein. I.-Organization, jurisdiction, and powers of the court. Duties, powers, and disabilities of the surrogate and the officers of the court. Miscellaneous provisions. TITLE II. Provisions relating generally to the proceedings in surrogates' courts, and to appeals from those courts. TITLE III.-Granting and revoking probate, letters testamentary, and letters of administration. Foreign wills; ancillary letters. TITLE IV.-Proceedings by or against an executor or administrator, touching the administration and settlement of the estate. TITLE V.-Disposition of the decedent's real property, for the TITLE VI.-Provisions relating to a testamentary trustee, TITLE I. Organization, jurisdiction, and powers of the court. Duties, powers, and disabilities of the surrogate, and the officers of the court. Miscellaneous provisions. ARTICLE 1. Jurisdiction of the court and authority of the surrogate. 2. General duties and disabilities of the surrogate, or temporary sur- 3. Clerks; stenographers; miscellaneous provisions. ARTICLE FIRST. Jurisdiction of the Court and Authority of the Surrogate. SEC. 2472. General jurisdiction of surrogate's court. 2473. Presumption of jurisdiction. 2474. Jurisdiction not lost by defect in record. 2475. Effect of exercise of jurisdiction. €476. Exclusive jurisdiction. 477. Concurrent jurisdiction of two or more surrogates. SURI PRA 2478. Jurisdiction, how affected by locality of debts. 2479. Jurisdiction in new or altered county. 2480. Id.; transfer of proceedings to proper county. 2481. Incidental powers of the surrogate. 2482. Application of chapter; confirmation of previous acts. § 2472. General jurisdiction of surrogate's court. Each surrogate must hold, within his county, a court, which has, in addition to the powers conferred upon it, or upon the surrogate, by special provision of law, jurisdiction, as follows: 1. To take the proof of wills; to admit wills to probate; to revoke the probate thereof; and to take and revoke probate of heirship. 2. To grant and revoke letters testamentary and letters of administration, and to appoint a successor in place of a person whose letters have been revoked. 3. To direct and control the conduct, and settle the accounts, of executors, administrators, and testamentary trustees; to remove testamentary trustees, and to appoint a successor in place of a testamentary trustee so removed. 4. To enforce the payment of debts and legacies; the distribution of the estates of decedents; and the payment or delivery, by executors, administrators, and testamentary trustees, of money or other property in their possession, belonging to the estate. 5. To direct the disposition of real property, and interests in real property, of decedents, for the payment of their debts and funeral expenses, and the disposition of the proceeds thereof. 6. To administer justice in all matters relating to the affairs of decedents, according to the provisions of the statutes relating thereto. 7. To appoint and remove guardians for infants; to compel the payment and delivery by them of money or other property belonging to their wards; and, in cases specially prescribed by law, to direct and control their conduct, and settle their accounts. 8. To settle the accounts of a father, mother or other relative having the rights, powers and duties of a guardian in socage, and to compel the pay. ment and delivery of money or other property belonging to the ward. This jurisdiction must be exercised in the cases and in the manner pre scribed by statute. From 2 R. S. 220, Part 3, ch. 2, tit. 1, § 1 (2 Edm. 229). § 2473. Presumption of jurisdiction. Where the jurisdiction of a surrogate's court to make, in a case specified in the last section, a decree or other determination, is drawn in question, collaterally, and the necessary parties were duly cited or appeared, the jurisdiction is presumptively, and, in the absence of fraud or collusion, conclusively established, by an allegation of the jurisdictional facts, contained in a written petition or answer, duly verified, used in the surrogate's court. The fact that the parties were duly cited is presumptively proved by a recital to that effect in the decree. From ch. 359 of 1870, § 1. § 2474. Jurisdiction not lost by defect in record. The surrogate's court obtains jurisdiction in every case, by the existence of the jurisdictional facts prescribed by statute, and by the citation or appearance of the necessary parties. An objection to a decree or other determination, founded upon an omission therein, or in the papers upon which it was founded, of the recital or proof of any fact necessary to jurisdiction, which actually existed, or the failure to take any intermediate proceeding, required by law to be taken, is available only upon appeal. But, for the better protection of any party, or other person interested, the surrogate's court may, in its discretion, allow such a defect to be supplied by amendment. From ch. 260 of 1869, § 1 (7 Edm. 433), and ch. 359 of 1870, § 1, and ch. 92 of 1872 (9 Edm. 327). § 2475. Effect of exercise of jurisdiction. Jurisdiction, once duly exercised over any matter, by a surrogate's court, excludes the subsequent exercise of jurisdiction by another surrogate's court, over the same matter, and all incidents, except as otherwise specially prescribed by law. Where a guardian has been duly appointed by, or letters testamentary or of administration have been duly issued from, or any other special proceeding has been duly commenced in, a surrogate's court having jurisdiction, all further proceedings to be taking in a surrogate's court, with respect to the same estate or matter, must be taken in the same court. From 2 R. S. 223, Part 3, ch. 2, tit. 1, § 12 (2 Edm. 232); 2 R. S. 61, Part 2, ch. 6, tit. 1, § 28 (2 Edm. 61), and 2 R. S. 117, Part 2, ch. 6, tit. 5, § 24 (2 Edm. 121). § 2476. Exclusive jurisdiction. The surrogate's court of each county has jurisdiction, exclusive of every other surrogate's court, to take the proof of a will, and to grant letters testamentary thereupon, or to grant letters of administration, as the case requires, in either of the following cases: I. Where the decedent was, at the time of his death, a resident of that county, whether his death happened there or elsewhere. 2. Where the decedent, not being a resident of the State, died within that county, leaving personal property within the State, or leaving personal property which has, since his death, come into the State, and remains unadministered. 3. Where the decedent, not being a resident of the State, died without the State, leaving personal property within that county, and no other; or leaving personal property which has since his death, come into that county, and no other, and remains unadministered. 4. Where the decedent was not, at the time of his death, a resident of the State, and a petition for probate of his will, or for a grant of letters of administration, under subdivision second or third of this section, has not been filed in any surrogate's court; but real property of the decedent, to which the will relates, or which is subject to disposition under title fifth of this chapter, is situated within that county, and no other. From 2 R. S. 73, Part 2, ch. 6, tit. 2, § 23 (2 Edm. 75); ch. 460 of 1837, 1 (4 Edm. 486). § 2477. Concurrent jurisdiction of two or more surrogates. Where personal property of the decedent is within, or comes into, two or more counties, under the circumstances specified in subdivision third of the last section; or real property of the decedent is situated in two or more counties. under the circumstances specified in subdivision fourth of the last section; the surrogate's courts of those counties have concurrent jurisdiction, exclusive of every other surrogate's court, to take the proof of the will and grant letters testamentary thereupon, or to grant letters of administration, as the case requires. But where a petition for probate of a will, or for letters of administration, has been duly filed in either of the courts so possessing concurrent jurisdiction, the jurisdiction of that court excludes that of the other. From 2 R. S. 73, Part 2, ch. 6, tit. 2, § 24 (2 Edm. 75). § 2478. Jurisdiction, how affected by locality of debts. For the purpose of conferring jurisdiction upon a surrogate's court, a debt, owing to a decedent by a resident of the State, is regarded as personal property, situated within the county where the debtor, or either of two or more joint debtors, resides; and a debt owing to him by a domestic corporation, is regarded as personal property, situated within |