assignment and filing inventory. SEC. 3463. An assignment for the benefit of creditors Recording must be recorded, and the inventory required by Sec. 3461 filed with the County Recorder of the county in which the assignor resided at the date of the assignment; or, if he did not then reside in this State, with the Recorder of the county in which his principal place of business was then situated; or, if he had not then a residence or place of business in this State, with the Recorder of the county in which the principal part of the assigned property was then situated. N. Y. C. C., Sec. 1938. SEC. 3464. If an assignment for the benefit of creditors Same. is executed by more than one assignor, it may be recorded, and a copy of the inventory required by Sec. 3461 'may be filed with the Recorder of the county in which any of the assignors resided at its date, or in which any of them, not then residing in this State, had then a place of business. N. Y. C. C., Sec. 1939. SEC. 3465. An assignment for the benefit of creditors is void against creditors of the assignor, and against purchasers and encumbrancers in good faith and for value, unless it is recorded, and unless the inventory required by Sec. 3461 is not filed, pursuant to Sec. 3463, within twenty days after the date of the assignment. N. Y. C. C., Sec. 1940-modified. Effect of record. omitting to of real SEC. 3466. Where an assignment for the benefit of Assignment creditors embraces real property, it is subject to the pro- property. visions of Art. IV of the chapter on Recording Transfers, as well as to those of this Title. N. Y. C. C., Sec. 1941. SEC. 3467. Within thirty days after the date of an assignment for the benefit of creditors, the assignee must enter into a bond to the people of this State, in such amount as may be fixed by the County Judge of the county in which the original inventory is filed, with sufficient sureties, to be approved by such Judge, and conditioned for the faithful discharge of the trust, and the due accounting for all moneys received by the assignee, which bond must be filed in the same office with the original inventory. N. Y. C. C., Sec. 1942. Bond of assignees. Conditions of disposal and SEC. 3468. Until the inventory and affidavit required conversion by Secs. 3461 and 3462 have been made and filed, and the assignee has given a bond as required by the last section, the assignee for the benefit of creditors has no authority to dispose of the estate or convert it to the purposes of the trust. Accountings Property exempt. Compensa. tion. Assignees protected for acts done in good faith. Assent of creditor necessary to modification of assignment. N. Y. C. C., Sec. 1943. SEC. 3469. After six months from the date of an assignment for the benefit of creditors, the assignee may be required, on the petition of any creditor, to account before the County Judge of the county where the accompanying inventory was filed, in the manner prescribed by the CODE OF CIVIL PROCEDURE. The mode of proceeding is left to be regulated by the Code of Civil Procedure. N. Y. C. C., See. 1944. SEC. 3470. Property exempt from execution, and insurances upon the life of the assignor, do not pass to the assignee by a general assignment for the benefit of creditors, unless the instrument specially mentions them, and declares an intention that they should pass thereby. N. Y. C. C., Sec. 1945. SEC. 3471. In the absence of any provision in the assignment to the contrary, an assignee for the benefit of creditors is entitled to the same commissions as are allowed by law to executors and guardians; but the assignment cannot grant more, and may restrict the commissions to a less amount, or deny them altogether. SEC. 3472. N. Y. C. C., Sec. 1946. An assignee for the benefit of creditors is not to be held liable for his acts, done in good faith, in the execution of the trust, merely for the reason that the assignment is afterward adjudged void. N. Y. C. C., Sec. 1947. SEC. 3473. An assignment for the benefit of creditors, which has been executed and recorded so as to transfer the property to the assignee, cannot afterwards be cancelled or modified by the parties thereto, without the consent of every creditor affected thereby. N. Y. C. C., Sec. 1948. PART III. NUISANCE. TITLE I. GENERAL PRINCIPLES. TITLE I. GENERAL PRINCIPLES. SECTION 3479. Nuisance, what. 3480. Public nuisance. 3481. Private nuisance. 3482. What is not deemed a nuisance. 3483. Successive owners. 3484. Abatement does not preclude action. what. SEC. 3479. A nuisance consists in unlawfully doing an Nuisance, act, or omitting to perform a duty, which act or omission either 1. Annoys, injures or endangers the comfort, repose, health or safety of others; or, 2. Offends decency; or, 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or, 4. In any way renders other persons insecure in life, or in the use of property. This definition corresponds with that given of public nuisance, in the Penal Code, Sec. 430, except that it is modified to embrace private nuisance also. Numerous authorities on the different branches of the definition are collected in a note to the section of the Penal Code referred to. See, also, People vs. Vanderbilt, 26 N. Y., 287; 25 How. Pr., 139; 38 Barb., 282; Niagara Falls International Bridge Co. vs. Great Western R. R. Co., 39 Barb., 212. N. Y. C. C., Sec. 1949. Public nuisance. Private nuisance. What is not deemed a nuisance. Successive owners. Abatement does not preclude action. SEC. 3480. A public nuisance is one which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal. N. Y. C. C., Sec. 1950. SEC. 3481. Every nuisance not included in the defini tion of the last section is private. N. Y. C. C., Sec. 1951. SEC. 3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. N. Y. C. C., Sec. 1952. SEC. 3483. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it. N. Y. C. C., Sec. 1953. SEC. 3484. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. N. Y. C. C., Sec. 1954. Lapse of time does TITLE II. PUBLIC NUISANCES. SECTION 3490. Lapse of time does not legalize. 3491. Abatement. 3492. When notice is required. 3493. Remedies for public nuisance. 3494. Action. 3495. How abated. SEC. 3490. No lapse of time can legalize a public not legalize. nuisance, amounting to an actual obstruction of public right. N. Y. C. C., Sec. 1955. Abatement. SEC. 3491. are: The remedies against a public nuisance 1. Indictment. 2. A civil action; or, 3. Abatement. N. Y. C. C., Sec. 1956. is required. SEC. 3492. The remedy by indictment is regulated by When notice the PENAL CODE. N. Y. C. C., Sec. 1957. for public SEC. 3493. A private person may maintain an action Remedies for a public nuisance if it is specially injurious to himself, nuisance. but not otherwise. N. Y. C. C., Sec. 1958. SEC. 3494. A public nuisance inay be abated by any Action. public body or officer authorized thereto by law. The powers of various bodies and officers to act in the abatement of nuisances, are, however, to be sought in the statutes conferring them; they are not properly within the scope of the Civil Code. N. Y. C. C., Sec. 1959. SEC. 3495. Any person may abate a public nuisance How abated. which is specially injurious to him, by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. N. Y. C. C., Sec. 1960. TITLE III. PRIVATE NUISANCES. SECTION 3501. Remedies for private nuisance. 3502. Abatement, when allowed. 3503. When notice is required. SEC. 3501. The remedies against a private nuisance Remedies are 1. A civil action; or, 2. Abatement. for private nuisance. N. Y. C. C., Sec. 1961. |