for the following services, not exceeding the fees allowed by law for those services, are allowed in proceedings, taken as prescribed in this title :

1. For publishing the notice of sale, and the notice or notices of postponement, if any, for a period not exceed. ing twenty-four weeks.

2. For the services specified in section 2390 of this act. 3. For recording the affidavits; and also, where the property sold is situated in two or more counties, for making and recording the necessary certified copies thereof

4. For necessary postage and searches.

Id., remainder of 4. Collins v. Standish, 6 How, 493

§ 2403. Taxation thereof.-The costs and expenses must be taxed, upon notice, by the clerk of the county where the sale took place, upon the request and at the expense of any person, interested in the payment thereof. Each provision of this act, relating to the taxation of costs in the supreme court, and the review thereof, applies to such a taxation.

Id., 3, amended. Matter of Moss, 6 How. 263.

$2404. Surplus money to be paid into supreme court. An attorney or other person who receives any money, arising upon a sale, made as prescribed in this title, must, within ten days after he receives it, pay into the supreme court the surplus, exceeding the sum due and to become due upon the mortgage, and the costs and expenses of the foreclosure, in like manner and with like effect, as if the proceedings to foreclose the mortgage were taken in an action, brought in the supreme court, and triable in the county where the sale took place.

L. 1868, ch. 804, 22 1, 2 and 4 (7 Edm. 353); L. 1870, ch. 706, § 1 (7 Edm. 770); see 22 743, 745,

2405. Claimant of surplus money to file petition.A person, who had, at the time of the sale, an interest in or lien upon the property sold, or a part thereof, may, at any time before an order is made, as prescribed in the next section but one, file in the office of the clerk of the county, where the sale took place, a petition stating the nature and extent of his claim, and praying for an order, directing the payment to him of the surplus money, or a part thereof.

Id., part of 13, amended. King v. West, 10 How. 333; Husted v. Dakin, 17 Abb. 137; Mutual Life Ins. Co. of N. Y. v. Bowen, 47 Barb. 618; Livingston v. Meldrum, 19 N. Y. 440; Averill v. Loucks, 6 Barb. 470 Winslow v. McCall, 32 id. 241; Root v. Wheeler, 12 Abb. 294; Mat thews v. Duryea, 45 Barb. 69; s. c., 17 Abb. 256; Blydenburgh v. NorthTop, 13 How. 289; Russell v. Duflon, 4 Lans. 399; Eddy v. Smith, 13 Wend. 488; Waller v. Harris, 7 Paige, 167; Winslow v. McCall, 32 Barb. 241; Story v. Hamilton, 10 Week. Dig. 13.

§ 2406. Application for surplus money. A person. filing a petition, as prescribed in the last section, may, after the expiration of twenty days from the day of sale, apply to the supreme court, at a term held within the judicial district, embracing the county where his petition is filed, for an order, pursuant to the prayer of his petition. Notice of the application must be served, in the manner prescribed in this act for the service of a paper upon an attorney in an action, upon each person, who has filed a like petition, at least eight days before the application; and also upon each person, upon whom a notice of sale was served, as shown in 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 any manner which the court directs.

Id., part of 3, amended.

§ 2407. Order for distribution. Upon the presenta tion of the petition, with due proof of notice for 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.

Id., remainder of 3, amended. Averill v. Loucks, 6 Barb. 470; Tallman v. Farley, id. 280; Cook v. Kraft, 3 Lans. 512; s. c., 41 How. 279; 60 Barb. 410; Thomas v. Kelser, 30 id. 268; Freeman v. Schroeder, 43 1d. 618; Peabody v. Roberts, 47 id. 91; People v. Bergen, 15 Abb. N. S. 97; 8. C., 53 N. Y. 404; N. Y. L. Ins. & Trust Co. v. Vanderbilt, 12 Abb. 458; Clark's Case, 15 id. 227; Stevens v. Bank of Central N. Y., 31 Barb.

290.

§ 2408. Limitation of last four sections. 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 ad

ministration, 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.

L. 1867, ch. 658 (7 Edm. 142): L. 1870, ch. 170 (7 Edm. 664), and L. 1871, ch. 834 (9 Edm. 210); see, also, & 2798, post.

$2409. [Amended, 1882.] Application of this title to mortgages of the State.-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.

Section 15 of part 3, ch. 8, tit. 15, R. S., amended, Thompson v. The Commissioners, etc., Ct. App., Nov. 25, 1879, 21 Alb. L. J. 16.

TITLE X.

Proceedings to change the name of an individual.

BEC. 2410. Application; where made.

2411. Id.; in Buffalo and Brooklyn.

2412. Petition.

2413. Order.

2414. Application by an infant.

2415. Order to be published; papers to be recorded.

2416. When new name to be assumed.

2417. Action not to abate, etc.

2418. County clerk to make return, etc.

§ 2410. [Amended, 1887.] Application; where made. A person of full age, residing within the State, may apply to the county court of the county in which be resides; or, if he resides in the city of New-York, to the court of common pleas for that city and county, or to the city court of New-York, for leave to assume another name.

L. 1847, ch. 464, 1, amended; L. 1860, ch. 80, 1 (4 Edm. 285); see, also, L. 1870, ch. 322, amended; L. 1876, ch. 280.

2411. Id.; in Buffalo and Brooklyn. Where the applicant resides in the city of Buffalo, the application may be made, either to the county court of Erie county, or to the superior court of Buffalo. Where he resides in Brooklyn, it may be made, either to the county court of Kings county, or to the city court of Brooklyn.

L. 1857, ch. 361, 1; L. 1854, ch. 96, 12; L. 1849, ch. 125, 4, amendedĮ 1870, ch. 470, 24; L. 1871, ch. 282, 2.

§ 2412. Petition. The application must be made by a written petition, which must be signed by the petitioner; must specify the name which he proposes to assume; must state the grounds of the application, and must be verified, in like manner as a verified pleading, in an action in the supreme court.

L. 1847, 2. Ex parte Snook, 2 Hilt. 566; Petrie v. Woodworth, 3 Cal, 219; Jackson v. Prevost, 2 id. 164; Milk v. Todd, 1 Hill, 102.

§ 2413 Order. If the court, to which the petition is presented, is satisfied thereby, or by proof, by affi davit, presented therewith, that there is no reasonable objection to the petitioner's assuming the name pro posed, it must make an order authorizing the petitioner to assume that name, on a day specified therein, not less than thirty days after the entry of the order, upon his complying with the provisions of the next section but one.

Id., 3, amended: L. 1860, ch. 80, 2. Petition of John Snook, 2 Hilt. 566; Matter of Ludwig. 1 Law Bulletin, 14.

But

S2414. Application by an infant. An infant may also apply, by his general guardian, or the guardian of his person, or by his next friend, for leave to assume another name. Where he applies by his next friend, notice of the time when, and the place where, the peti tion will be presented, must be served, as prescribed in this act for the service of a paper upon an attorney in an action, upon the father; or, if he is dead, upon the mother; or, if both are dead, upon the general guard. ian of the infant, or the guardian of his person. where it appears, by proof, to the satisfaction of the court, that the infant has no father or mother, or that both reside without the State, and that he has no guard. ian, residing within the State, the court may dispense with notice, or require notice to be given to such persons, and in such manner as it thinks proper. Upon the hearing the court must, in addition to the matters specified in the last section, be satisfied by the proofs, that the interest of the infant will be substantially promoted by the change of his name. Except as other wise prescribed in this section, the provisions of this title, relating to an application by a person of full age, apply to an application by an infant.

Id., part of 1. Matter of Mayer, 1 Law Bulletin, 87.

S2415. [Amended, 1887.] Order to be published; papers to be recorded. Within ten days after the order is made, the petitioner must cause a copy thereof to be published, in a newspaper published in the county, in which the order was made; and within twenty days after the making of the order, he must cause the papers upon which it was granted, and an affidavit of the publication thereof, to be filed and recorded, as prescribed in this section. Where the order was made in any county except New-York, the papers must be filed and recorded in the county clerk's office. When the order was made by the court of common pleas for the city and county of NewYork, or the city court of New-York, they must be îîled and recorded in the office of the clerk of that court. Id., 22 4 and 5.

2416. When new name to be assumed. If the requirements of the last section are complied with, the petitioner must, on and after the day specified for that purpose in the order, be known by the name, which he is thereby authorized to assume and by no other

name.

Id., 26.

$2417. Action not to abate, etc. An action or spe cial proceeding, civil or criminal, theretofore or thereafter commenced against a person, whose name is changed as prescribed in this title, shall not abate, nor shall any relief, recovery, or other proceeding therein, be prevented, impeded, or impaired, in consequence of the change of name. The plaintiff in the action, or the party instituting the special proceeding, or the people, as the case requires, may, at any time, obtain an order, amending any of the papers or proceedings therein, by the substitution of the new name, without costs, and without prejudice to the paper or proceeding.

1d., 27.

2418. [Amended, 1887.] County clerk to make return, etc.- The clerk of each county, except the County of New-York, and, the clerk of the court of common pleas for the city and county of New-York, and the city court of New York, must annually, in the month of December, make a return to the secretary of State, of all the changes of names of persons, which have been made within his county, since his last return.