In the Matter of the Accounting of James Morgan, Assignee, etc

In the Matter of the Accounting of James Morgan, Assignee, etc. (Argued February 24, 1874; decided March 24, 1874.) The term “ county judge ” as employed in the act of 1860 “ to secure to creditors a just division of the estate of debtors who convey to assignees,” etc. (chap. 348, Laws of 1860), and the various acts amendatory thereof (chap. 860, Laws of 1867; chap. 92, Laws of 1870; chap. 838, Laws of 1872; and chap. 363, Laws of 1873), includes the judges of the Court of Common Pleas for the city and county of Few York, and the jurisdiction conferred by said acts upon the county judge is rightfully exercised by the judges of said Court of Common Pleas when the debtor resides in the city of Few York. Under the amendment of said act in 1872 (§ 4, chap. 838, Laws of 1872) the judge has no authority to refer it to a referee to take and state the account of the assignee; the authority to refer is limited to the taking and reporting the evidence. This is an appeal from an order of the General Term of 'the Court of Common Pleas of the city and county of Few York, affirming an order of one of the judges of said court, requiring the appellant, James Morgan, assignee of Walter Jones, to state and render an account of the trust fund and of his proceedings as such assignee and appointing a referee “ to take and state such account.” On the 10th November, 1871, said Jones made an assignment to Morgan for the benefit of creditors, under the act, chapter 348, Laws of 1860, as amended. Morgan accepted the trust and filed the bond required. The order appealed from was granted upon the motion of certain of the creditors of Jones. The application was opposed upon the ground that a judge of the Court of Common Pleas of the city and county of New York is not a county .judge, and has no authority under said acts. Reid, as above. Alex. Thain for Morgan, assignee, appellant. Wm. W. Niles for the petitioners, respondents. [MAJORITY — Per Curiam] Per Curiam opinion for affirmance of so much of the order as directs, that the assignee account, and for reversal of so much thereof as refers it to a referee to take and state the account, without prejudice to the right of petitioners to apply for further order as to accounting. All concur. Ordered accordingly.