8 property, in relation to the execution of any of the 9 powers and duties confided to them, and they may be 10 removed by such court for cause shown.

11 If any trustee shall be removed, or shall die, or shall 12 become incapacitated to perform his duties, such court 13 may appoint another in his place after giving notice and 14 an opportunity to the creditors, or other persons 15 interested, to propose proper persons. And the new 16 trustee shall, in all respects, have the like powers and 17 authority and be subject to the same control, obligations 18 and responsibilities; and the appointment shall be cer19 tified and recorded as the original appointment was 20 required to be recorded.

1

R. S., 2533, §§ 46, 48.

(Post, p. 1335a.)

§ 2228. Renunciation of trustee.

Any trustee desiring 2 to renounce his trust may apply to such court for an order 3 to all persons interested to show cause why his renuncia4 tion should not be accepted. His application shall be 5 accompanied by a full, true and just account of all his 6 transactions as trustee, and particularly of the property, 7 moneys and effects received by him; of all payments 8 made, whether to creditors or otherwise, and of the 9 remaining effects and estate of the debtor or convict, in 10 respect to whom or whose estate he was appointed 11 trustee, within his knowledge and the situation of the 12 same.

13 There shall be annexed to the account an affidavit of 14 the trustee that it is, in all respects, just and true 15 according to the best of his knowledge and belief.

16 The court shall thereupon grant an order directing 17 notice to be given to all persons interested in the estate 18 of the debtor or convict to show cause on a day, or at a 19 term and place to be therein specified, why the trustee 20 should not be permitted to renounce his appointment. 21 Such notice shall be published once in each week for 22 six weeks successively, in the state paper, and in such 23 other newspapers as the court shall direct.

24

On the day appointed for the hearing, and on such 25 other days as shall be from time to time appointed, if it

26 shall appear that the notice was duly published, the 27 court shall proceed to hear the proofs and allegations 28 of the parties; and if it shall appear that the 29 proceedings of the trustee, in relation to his trust, 30 have been fair and honest, and particularly in relation 31 to the property and debts vested in him; and if the 32 court is satisfied that, for any reason, it is inexpedietn 33 for the trustee to continue in the execution of 34 the duties of his appointment, and that such 35 duties can be executed by another trustee without 36 injury to the estate of the debtor or convict, or 37 to the creditors, and if no good cause to the contrary 38 appear, the court shall grant an order allowing the 39 trustee to renounce his appointment, and to assign the 40 property and effects of the debtor or convict.

41

Such assignment shall be executed by the trustee to 42 such person or persons as the court shall appoint; and 43 such persons as shall have been named by the creditors 44 of the debtor, or by the major part of them, shall be 45 preferred, if approved by the court.

1

R. S, 2534, $$ 49, 50, 51, 52, 54, 55, 56.

Id. 2535, § 57.

(Post, pp. 1335a-1337a.)

§ 2229. Effect of assignment; powers of new trustee.2 Such assignment shall transfer to the persons to whom 3 it shall be made, all the remaining estate and effects 4 vested in the trustee so renouncing; and such new 5 trustee shall have the same powers and be subject to 6 the same duties, and be entitled to the same compensa7 tion as the original trustee, and shall continue any suit 8 that may have been commenced by such original trustee, 9 in his name, or in that of such new assignee.

10 Upon producing to the court allowing such assign11 ment, the certificate of the new trustee, duly proved by 12 the oath of a subscribing witness, that such assign13 ment has been duly made, and the property capable 14 of delivery belonging to the debtor or convict, together 15 with the books, vouchers and documents relating 16 to the estate of such debtor or convict, have been 17 duly delivered and a certificate of the county clerk

applying that he be Such trustee shall

18 that the assignment has been recorded, the court 19 shall grant to the trustee so 20 discharged from his trust. 21 thereupon be discharged from the trust reposed in him, 22 and his power and authority shall cease; but he shall 23 remain subject to any liability he may have incurred 24 at any time previous to the granting of the order, in the 25 management of his trust.

26

Such assignment shall be recorded in the office of 27 the clerk of the county where the order appoint28 ing the original trustee was entered; and the petition 29 of the trustee, the affidavit and proceedings thereon, 30 with the certificate of the new trustee, shall be filed in 31 the same office.

32

The expenses of the proceedings for such renunciation 33 and assignment shall be paid by the trustee making the 34 application.

1

R. S., 2435, §§ 58, 59, 60, 61, 62.

(Post, pp. 1337a-1338a.)

$2230. New trustees in place of absent trustees. If 2 any trustee appointed pursuant to the provisions of 3 articles two, three and four, shall have removed from and 4 continued to reside out of the state for one year, or 5 shall hereafter remove from or continue to reside out of 6 the state for one year, the county court of the county 7 where the order appointing him was entered, or the 8 supreme court of the district in which such county is 9 situated, may appoint another person in place of such 10 trustee, after giving notice, and an opportunity to the 11 creditors, or other persons interested, to propose proper 12 persons for such appointment.

13 The new trustee so appointed shall have the same 14 power and authority and be subject to the same control, 15 obligations and responsibilities as the trustee origin16 ally appointed. The appointment of the new trustee 17 shall be certified and recorded in the same manner as 18 the original appointment was required to be certified. 19 and recorded.

R. S., 2536, L. 1846, ch. 158.
(Post, p. 1338a.)

REVISERS' NOTE.

THE DRAINAGE LAW.

The following proposed bill to amend chapter 23 of the code civil procedure comprises three independent subjects:

1. Proceedings for the drainage of swamp lands.

2. Proceedings for the enforcement of mechanic's liens and liens upon vessels.

3. Proceedings relating to the appointment of receivers and the administration of receiverships.

Each subject is disposed of under a separate title and as chapter 23 contains the supplemental proceedings relating to the practice in classes of cases not included in the code of civil procedure at the time of its adoption, it would seem that these subjects can be appropriately assigned to places in that chapter.

I.

THE DRAINAGE LAW.

The commission have in title 3 embodied the proceedings relating to the drainage of swamp lands which are now found in title 16 of chapter 8 of part 3 of the revised statutes, pages 2714 to 2726. The scheme of the present law has been retained and no substantial change has been made in the method of procedure The provisions of chapter 557 of the Laws of 1890 have not been inserted because they relate exclusively to the duties of the supervisor of a town, as water commissioner, and not to any matter of judicial procedure, and will be inserted in their appropriate place in the amendment to the town law.

II.

THE LIEN LAW.

It has been the tendency of modern legislation to favor the enactment of laws for the protection of the laborer performing services and the material man furnishing materials for the improvement of public or private property.