make an annual report to the legislature, which report shall contain a detail statement of all receipts and expenditures, debts and liabilities of said institution or society during the year for which said report is made, and a full and accurate statement of the financial condition thereof at the date of said report, which report shall be presented to the legislature on or before the fifteenth day of January in each and every year hereafter. The failure to make the said report to the legislature on or before the fifteenth day of January in each and every year hereafter, by any such institution or society, shall work a forfeiture of the office of every trustee or manager at the time in charge of said institution or society failing to report as aforesaid, and the governor shall thereupon proceed to fill such vacancies by nominations to the senate for its confirmation of other persons to fill said vacancies. A special report of the condition of such institutions or societies may at any time be called for by the comptroller, and shall be made and filed with him within ten days after notice of such call by the comptroller to such institution or society, and no money hereby or hereafter appropriated shall be paid to any institution or society which shall hereafter neglect to make such reports as aforesaid. The comptroller between the first and the tenth days of December in each year shall send, by mail or otherwise, a copy of this section to the officers required to report to the legislature as hereinbefore provided.

3

33

CHAPTER II.

SUITS AND PROCEEDINGS BY AND AGAINST CORPORATIONS, JOINT-STOCK COMPANIES, AND ASSOCIATIONS.

I. JURISDICTION OF COURTS.

65. Superior city courts.

(Code of 1877, Part of § 263.)

The civil jurisdiction of each of the superior city courts extends to the following actions and special proceedings: Sub. 4. To an action to recover a chattel, to foreclose or enforce a lien upon personal property, where the property to which the action relates is situated within that city at the time when the action is commenced. If the property consists of one or more shares of the capital stock of a domestic corporation or joint-stock association whose principal place of business is located or established within that city, or of a debt due from, or money or a thing in action, in the possession or under the control of such corporation or joint-stock association, it is deemed to be situated within that city, within the meaning of this subdivision.

2d Sub. 7. To an action brought by a resident of that city against a foreign corporation either (1) to recover damages for the breach of a contract, express or implied, or a sum payable by the terms of a contract, express or implied, where the contract was made, executed, or delivered within the state, or where the cause of action arose within the state; or (2) where a warrant of attachment granted in the action has been actually levied within that city, upon property of the corporation; or

(3) where the summons is served by delivery of a copy thereof within that city to an officer of the corporation as prescribed by law.

66. Domestic corporations; when deemed residents. 264. For the purposes of determining the jurisdiction of a superior city court, in a case specified in the last section, a domestic corporation or joint-stock association whose principal place of business is established by or pursuant to a statute, or by its articles of association, or is actually located within the city wherein the court is located, is deemed a resident of that city, and personal service of a summons made within that city, as prescribed in this act, or personal service of a mandate, whereby a special proceeding is commenced, made within that city, as prescribed in this act for personal service of summons, is sufficient service thereof upon a domestic corporation, wherever it is located.

67. County courts.

(Code of 1880.)

341. Is in the same language as section 264 giving same jurisdiction to each county court.

68. Justices' courts.

(Code of 1880.)

2865. An action cognizable by a justice of the peace may be brought by or against a corporation.

69. When foreign corporation may sue. (Code of 1880.)

1779. An action may be maintained by a foreign corporation, in like manner, and subject to the same regulations, as where the action is brought by a domestic corporation, except as otherwise specially prescribed by law. But a foreign corporation cannot maintain an action,

founded upon an act, or upon a liability or obligation, express or implied, arising out of, or made and entered into in consideration of, an act, which the laws of the state forbid a corporation or association of individuals to do, without express authority of law. This section does not affect the validity of a meeting of the stockholders or directors of a foreign corporation, held within the state, where such a meeting is authorized by the laws of the state, country, or government, by or under which the corporation is created; or of an act, done at such a meeting, which is not in conflict with the same laws or the laws of the state.

70. When foreign corporation may be sued.

§ 1780. An action against a foreign corporation may be maintained by a resident of the state, or by a domestic corporation, for any cause of action. An action against a foreign corporation may be maintained by another foreign corporation, or by a non-resident, in one of the following cases only:

1. Where the action is brought to recover damages for the breach of a contract, made within the state, or relating to property situated within the state, at the time of the making thereof.

172

2. Where it is brought to recover real property situated within the state, or a chattel, which is replevied within the state.

3. Where the cause of action arose within the state, except where the object of the action is to affect the title to real property situated without the state.

71. Action to compel determination of claims to real property.

(Code of 1880.)

§ 1650. An action may be maintained, as prescribed in this article, by or against a corporation, as if it was a natural person.

II. SERVICE OF SUMMONS, ORDERS, ETC.

(Code of 1877.)

72. How personal service of summons made upon a domestic corporation.

§ 431. Personal service of the summons upon a defendant, being a domestic corporation, must be made by delivering a copy thereof, within the state, as follows:

1. If the action is against the mayor, aldermen, and commonalty of the city of New York, to the mayor, comptroller, or counsel to the corporation.

2. If the action is against any other city, to the mayor, treasurer, counsel, attorney, or clerk; or, if the city lacks either of those officers, to the officer performing corresponding functions, under another name.

3. In any other case, to the president or other head of the corporation, the secretary or clerk to the corporation, the cashier, the treasurer, or a director or managing agent.

73. Id.; upon a foreign corporation.

§ 432. [Amended 1877, chap. 416.] Personal service of the summons upon a defendant, being a foreign corporation, must be made by delivering a copy thereof, within the state, as follows:

1. To the president, treasurer, or secretary; or, if the corporation lacks either of those officers, to the officer performing corresponding functions, under another name.

2. To a person designated for the purpose by a writing, under the seal of the corporation, and the signature of its president, vice-president, or other acting head, accompanied with the written consent of the person designated, and filed in the office of the secretary of state. The designation must specify a place, within the state, as the office or residence of the person designated; and