Annual Report of the Commissioners of Statutory Revision of the State of New York Volume 2

Annual Report of the Commissioners of Statutory Revision of the State of New York Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... must be to the people of the State; must contain the name and residence of each of the sureties thereto; must be approved by the surrogate or a judge of the appellate court; and must be filed in the surrogate's office. Except as otherwise specially prescribed, the filing of a proper undertaking and service of the notice of appeal perfect the appeal. The surrogate may, at any time in his discretion, make an order authorizing any person aggrieved to bring an action on the undertaking in his own name or in the name of the people. Where it is brought in the name of the people, the damages collected must be paid over to the surrogate and distributed by him as justice requires. Code, 2581, without change. 746. Security may be waived.--An undertaking which the appellant is required by this code to give, or any other act which he is so required to do for the security of the respondent, may be waived by the written consent of the respondent. Code, 1305, applied to practice in surrogate's court. 747. Deposit in lieu of undertaking.--Where the appellant is required by this code to give an undertaking, he may, in lieu thereof, deposit wit h the surrogate with whom the decree or order appealed from is entered a sum of money equal to the amount for which the undertaking is required to be given. The deposit has the same effect as filing the undertaking; and notice that it haa been made has the same effect as notice of the filing and service of a copy of the undertaking. The court wherein the appeal is pending, may direct the mode in which the money shall be kept and disposed of during the pendency or after the determination of the appeal. Code, 1306, applied to practice in surrogate's court. 748. Undertaking must be...show more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236676017
  • 9781236676016