or referee may adjourn any proceedings, under this article, from time to time, as he thinks proper. § 2445. Unless the parties expressly waive the referee's oath, a referee, appointed as prescribed in this article, must, before entering upon an examination, or taking testimony, subscribe and take an oath, that he will faithfully and fairly discharge his duty upon the reference, and make a just and true report, according to the best of his understanding. The oath may be administered by an officer designated in section eight hundred and forty-two of this act, and must be returned to the judge, with the report or testimony. § 2446. At any time after the commencement of a special proceeding, authorized by this article, and before the appointment of a receiver therein, or the extension of a receivership thereto, the judge, by whom the order or warrant was granted, or to whom it is returnable, may, in his discretion, upon proof, by affidavit, to his satisfaction, that a person or corporation is indebted to the judgment debtor, and upon such a notice, given to such persons, as he deems just, or without notice, make an order, permitting the person or corporation, to pay to a sheriff, designated in the order, a sum, on account of the alleged indebtedness, not exceeding the sum which will satisfy the execution. A payment thus made is, to the extent thereof, a discharge of the indebtedness, except as against a transferee from the judgment debtor, in good faith and for a valuable consideration, of whose rights the person or corporation had actual or constructive notice, when the payment was made. § 2447. Where it appears, from the examination or testimony, taken in a special proceeding authorized by this article, that the judgment debtor has, in his possession or under his control, money or other personal property, belonging to him; or that one or more articles of personal property, capable of delivery, his right to the possession whereof is not substantially disputed, are in the possession or under the control of another person; the judge, by whom the order or warrant was granted, or to whom it is returnable, may, in his discretion, and upon such a notice, given to such persons, as he deems just, or without notice, make an order, directing the judgment debtor, or other person, immediately to pay the money, or deliver the articles of personal property, to a sheriff, designated in the order, unless a receiver has been appointed, or a receivership has been extended to the special proceeding, and in that case to the receiver. 2448. If the sheriff, to whom money is paid, or other property is delivered, pursuant to an order made as prescribed in either of the last two sections, does not then hold an execution upon the judgment against the property of the judgment debtor, he has the same rights and powers, and is subject to the same duties and liabilities, with respect to the money or property, as if the money had been 93 N. Y. 79. 18 Abb. N. 20 Week. 1 How. Pr. N. S. 372. 1 How. Pr. N. S. 372. collected, or the property had been levied upon by him, by virtue of such an execution; except as otherwise prescribed in the next section. § 2449. [Am'd, 1892, Amendment to take effect September 1, 1892.] After a receiver has been appointed, or a receivership has been extended to the special proceeding, the judge must, by order, direct the sheriff to pay the money or the proceeds of the property, deducting his fees, to the receiver; or if the case so requires, to deliver to the receiver the property in his hands. But if it appears, to the satisfaction of the judge, that an order, appointing a receiver or extending a receivership is not necessary, he may, by an order reciting that fact, direct the sheriff to apply the money so paid, or the proceeds of the property so delivered upon an execution in favor of the judgment creditor, issued either before or after the payment or delivery to the sheriff; and a receiver, appointed pursuant to the provisions of this article, may, on leave of a judge having power to appoint such receiver, lease the real property that shall come into his posession for such time as shall be necessary to realize money sufficient to satisfy the judgment, with interest thereon and costs of the special proceeding. § 2450. Where money is paid, or property delivered, as prescribed in the last four sections, and afterwards the special proceeding is discontinued or dismissed; or the judgment is satisfied, without resorting to that money or property; or a balance of the money, or of the proceeds of the property, or a part of the property, remains in the sheriff's or the receiver's hands, after satisfying the judg ment, and the costs and expenses of the special proceedings; the judge must make an order, directing the sheriff or receiver to pay the money, or deliver the property, so remaining in his hands, to the judgment debtor, or to such other person as appears to be entitled thereto, upon payment of his fees, and all other sums legally chargeable against the same. § 2451. The judge by whom the order or warrant was granted or to whom it is returnable, may make an injunction order, restraining any person or corporation, whether a party or not a party to the special proceedings, from making or suffering any transfer or other disposition of, or interference with, the property of the judgment debtor, or the property or debt, concerning which any person is required to attend and be examined, until further direction in the premises. Such an injunction order may be made simultaneously with the order or warrant, by which the special proceeding is instituted, and upon the same papers; or afterwards, upon an affidavit, showing sufficient grounds therefor. The judge or the court may, as a condition of granting an application to vacate or modify the injunction order require the applicant to give security, in such a sum and in such a manner, as justice requires. § 2452. An injunction order, or an order requiring a person to attend and be examined, made as prescribed in this article, must be served as follows: 1. The original order, under the hand of the judge making it, must be exhibited to the person to be served. 2. A copy thereof, and of the affidavit upon which it was made, must be delivered to him. Service upon a corporation is sufficient, if made upon an officer, to whom a copy of a summons must be delivered, where a summons is personally served upon the corporation; unless the officer is specially designated by the judge, as prescribed in section two thousand four hundred and forty-four of this act. § 2453. The sheriff, when he arrests a judgment debtor by virtue of a warrant, issued as prescribed in this article, must deliver to him a copy of the warrant, and of the affidavit upon which it was granted. § 2454. A special proceeding, instituted as prescribed in this article, may be discontinued at any time, upon such terms as justice requires, by an order of the judge, made upon the application of the judgment creditor. Where the judgment creditor unreasonably neglects or delays to proceed, or where it appears that his judgment has been satisfied, his proceedings may be dismissed, upon like terms, by a like order, made upon the application of the judgment debtor, or of the plaintiff in a judgment creditor's action against the debtor, or of a judgment creditor who has instituted either of the special proceedings, authorized by this article. Where an order appointing a receiver, or extending a receivership, has been made, in the course of the special proceeding notice of the application for an order specified in this section, must be given, in such a manner as the judge deems proper, to all persons interested in the receivership, as far as they can conveniently be ascertained. § 2455. The judge may make an order, allowing to the judgment creditor a fixed sum, as costs, consisting of his witnesses' fees and other disbursements, and of a sum, in addition thereto, not exceeding thirty dollars; and directing the payment thereof, out of any money which has come, or may come, to the hands of the receiver, or of the sheriff; or, within a time specified in the order, by the judgment debtor, or other person against whom the special proceeding is instituted. 38 Hun, 142. 19 Abb. N. C. 288. § 2456. Where the judgment debtor, or other person 38 Hun, 142. against whom the special proceeding is instituted, has been examined, and property, applicable to the payment of the judgment, has not been discovered in the course of the special proceeding, the judge may make an order, allowing him a like sum as costs; and directing the payment thereof, within a time specified in the order, by the judgment creditor; or except where it is allowed to the judgment debtor, out of any money which has come, or may come, to the hands of a receiver or of the sheriff. § 2457. A person who refuses, or without sufficient excuse neglects, to obey an order of a judge or referee, made pursuant to the last two sections, or to any other provision 24 Hun, 138. 11 Civ. Pro. 278. 59 How. Pr. 507. 1 Civ. Pro. 89. 8 Id. 43. 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 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, 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 a 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 I 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 98 N.Y. 79. 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. ? 2464. When and how receiver 2465. Notice to other creditors. 2467. Order to be filed and re corded. § 2468. When property is vested 2469. How receiver's title to 2470. County Clerk to record 2471. Receiver to be subject to 14 Abb. N. 2464. At any time after making an order, requiring 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 |