PART III Form of the exocu tion. To be re. turnable in this act provided; or unless the complaint contains a statement of facts, showing one or more of the causes of arrest, required by section one hundred and seventy-nine. As amended by Laws of 1862, ch. 460. 6 N. Y., 562; 30 B., 71, 507; 26 B., 78, 82; 12 B., 612; 8 B, 169; 23 How. P. R., 421; 21 How. P. R., 343; 18 How. P. R., 469; 15 How. P. R., 210; 13 How. P. R., 231; 12 How. P. R., 25; 10 How. P. R., 259; 6 How. P. R., 241; How. P. R., 414, 467; 4 How. P. R, 234; 13 Ab., 412; 12 Ab., 215; 11 Ab.. 64, 416; 10 Ab., 102, 320; 6 Ab., 40; 4 Ab., 95; 3 Ab., 176, 230; 2 Ab.. 186; 1 Ab., 456; 4 E. D. S., 227; 4 Bos., 646; 30 N. Y., 586; 46 B., 621; 42 B., 436; 37 B., 437; 35 B., 447; 17 Ab., 446; 14 Ab., 188, 357; 26 How. P. R., 96. $289. The execution must be directed to the sheriff, or coroner, when the sheriff is a party or interested, subscribed by the party issuing it, or his attorney, and must intelligibly refer to the judgment, stating the court, the county where the judgment roll or transcript is filed, the names of the parties, the amount of the judgment, if it be for money, and the amount actually due thereon, and the time of docketing in the county to which the execution is issued, and shall require the officer substantially as follows: 1. If it be against the property of the judgment debtor, it shall require the officer to satisfy the judgment out of the personal property of such debtor, and if sufficient personal property cannot be found, out of the real property belonging to him on the day when the judgment was docketed in the county, or at any time thereafter; 2. If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the officer to satisfy the judgment out of such property; 3. If it be against the person of the judgment debtor, it shall require the officer to arrest such debtor, and commit him to the jail of the county until he shall pay the judgment, or be discharged according to law; 4. If it be for the delivery of the possession of real or personal property, it shall require the officer to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the officer to satisfy any costs, damages, or rents and profits, recovered by the same judgment out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered, to be specified therein, if a delivery thereof cannot be had. and if sufficient personal property cannot be found, then out of the real property belonging to him on the day when the judgment was docketed or at any time thereafter, and shall in that respect be deemed an execution against property. 9 N. Y., 209, 563; 30 B.. 64, 506; 26 B., 360; 18 B., 499; 10 How. P. R., 215; 12 Ab., 61, 215; 3 Ab., 230; 29 N. Y., 489. $290. The execution shall be returnable within sixty days sixty days. after its receipt by the officer to the clerk with whom the record of judgment is filed. 5 How. P. R., 396; 3 Ab., 230; 35 N. Y., 99. CHAP. XI. Existing tive to exe tinued, S 291. Until otherwise provided by the legislature, the existing provisions of law not in conflict with this chapter, laws relarelating to executions, and their incidents, the property liable cution conto sale on execution, the sale and redemption thereof, the until otherpowers and rights of officers, their duties thereon, and the wise proproceedings to enforce those duties, and the liability of their sureties, shall apply to the executions prescribed by this chapter. As amended by Laws of 1851, ch. 479. 27 B., 469; 12 Ab., 383; 20 How. P. R., 437; 29 N. Y., 489; 28 N. vided. CHAPTER II. PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION. SEC. 292. When execution returned unsatisfied, order for discovery of property allowed. Also when judgment debtor refuses to apply property to satisfy judgment. Manner of proceeding to examine judgment debtor. 293. Any debtor may pay execution against his creditor. 294. Examination of debtors of judgment debtor or of those having property belonging to him. 295. Witness required to testify. 296. Compelling party or witnesses to attend. Examinations, when to be on oath. 297. Judge may order property to be applied on execution. 298. Judge may appoint receiver, and prohibit transfer, &c., of property. 299. Proceedings upon claim of another party to property, or on denial of indebtedness to judgment debtor. 300. Reference may be ordered. 301. Costs of proceedings. 302. Disobedience of order, how punished. cution re discovery of $292. When an execution against property of the judg- When exement debtor, or any one of several debtors in the same turned unjudgment issued to the sheriff of the county where he resides order for or has a place of business, or if he do not reside in the state, or property to the sheriff of the county where a judgment roll, or a tran- allowed. script of a justice's judgment for twenty-five dollars or upward, exclusive of costs, is filed, is returned unsatisfied, in whole or in part, the judgment creditor, at any time after such return made, is entitled to an order from a judge of the court, or a county judge of the county to which the execution was issued, or a judge of the court of common pleas for the city and county of New York, when the execution was issned to such city and county, requiring such judgment debtor to appear and answer concerning his property before such judge, at a time and place specified in the order, within the county to which the execution was issued. But in case of an order made by a justice of the supreme court, all subsequent proceedings shall be had before some justice in the judicial district where the judgment debtor resides, to be specified in the order. After the issuing of an execution Also when against property, and upon proof by affidavit, of a party or for re otherwise, to the satisfaction of the court, or a judge thereof, fuses to ap"ply proper or county judge, or any judge of the court of common pleas ty to satisfy judgment. for the city and county of New York, that any judgment judgment PART III proceeding judgment debtor. 1 debtor, residing in the county where such judge or officer resides, has property, which he unjustly refuses to apply towards the satisfaction of the judgment, such court or judge may, by an order, require the judgment debtor to appear at a specified time and place, to answer concerning the same: and such proceedings may thereupon be had for the application of the property of the judgment debtor, towards the satisfaction of the judgment as are provided upon the return of an execution. Whenever it shall satisfactorily appear, by affidavit, to a justice of the supreme court, that such county judge, or judge of said court of common pleas, is incapacitated from acting in any of the proceedings whatever, herein authorized, from any cause or causes whatsoever, such justice of the supreme court shall have the same powers and authority, in all cases whatever, as are herein conferred upon him as to cases of judgments in the supreme court. On an examination under this section, either party may examine witnesses in his behalf, and the judgment debtor may be Manner of examined in the same manner as a witness. Instead of the to examine order requiring the attendance of the judgment debtor, the judge may, upon proof by affidavit or otherwise, to his satisfaction, that there is danger of the debtor's leaving the state, or concealing himself, and that there is reason to believe he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the sheriff of any county where such debtor may be, to arrest him and bring him before such judge. Upon being brought before the judge, he may be examined on oath, and if it then appears that there is danger of the debtor's leaving the state, and that he has property which he has unjustly refused to apply to such judgment, ordered to enter into an undertaking with one or more sureties, that he will from time to time attend before the judge as he shall direct, and that he will not, during the pendency of the proceedings, dispose of any portion of his property, not exempt from execution. In default of entering into such undertaking, he may be committed to prison, by warrant of the judge as for a contempt. No person shall, on examination pursuant to this chapter, be excused from answering any question on the ground that his examination will tend to convict him of the commission of a fraud; but his answer shall not be used as evidence against him in any criminal proceeding or prosecution. Nor shall he be excused from answering any question on the ground that he has, before the examination, executed any conveyance, assignment or transfer of his property for any purpose, but his answer shall not be used as evidence against him in any criminal proceeding or prosecution. Amended by Laws of 1851, ch. 479; 1858, ch. 306; 1859, ch. 428; 1863, ch. 392; 1865, ch. 781. 9 N. Y., 147; 32 B., 201; 26 B., 569, 580; 19 B., 362; 16 B., 298, 509; 13 B., 335, 338; 9 B., 378; 23 How. P. R., 423; 20 How. P. R 230; 19 How. P. R., 8; 18 How. P. R.. 34; 17 How. P. R., 84, CHAP. XL may pay 293. After the issuing of execution against property, any Any debtor person indebted to the judgment debtor, may pay to the execution sheriff the amount of his debt, or so much thereof as shall against his be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid. 21 B., 276, 425; 15 B., 601; 20 How. P. R., 521; 4 How. P. R., 337; creditor. tion of having belonging $ 294. After the issuing or return of an execution against Examinaproperty of the judgment debtor, or of any one of several debtors of debtors in the same judgment, aud upon an affidavit, that debtor, or any person or corporation has property of such judgment of those debtor, or is indebted to him in an amount exceeding ten property dollars, the judge may by an order require such person or to him. corporation, or any officer or member thereof, to appear at a specified time and place, and answer concerning the same. The judge may also, in his discretion, require notice of such proceeding to be given to any party to the action, in such manner as may seem to him proper. The proceedings mentioned in this section, and in section two hundred and ninetytwo, may be taken upon the return of an execution unsatisfied, issued upon a judgment recovered in an action against joint debtors, in which some of the defendants have not been served with the summons by which said action was commenced, so far as relates to the joint property of such debtors; and all actions by creditors, to obtain satisfaction of judgment's out of the property of joint debtors, are maintainable in the like manner and to the like effect. These provisions shall apply to all proceedings and actions now pending, and not actually terminated by any final judgment or decree. As amended by Laws of 1862, ch. 392. 29 B., 71; 28 B., 476; 9 B., 383; 23 How. P. R., 260; 20 How. P. R., required $ 295. Witnesses may be required to appear and testify on Witnesses any proceedings under this chapter, in the same manner as to testify. upon the trial of an issue. 21 How. P. R., 17; 9 How. P. R., 39; 11 Ab., 109. party or $296. The party or witness may be required to attend compelling before the judge, or before a referee, appointed by the court witnesses or judge; if before a referee, the examination shall be taken to attend PART IIL Examina by the referee, and certified to the judge. All examinations tions, when and answers before a judge or referee, under this chapter, shall be on oath, except that when a corporation answers, the answer shall be on the oath of an officer thereof. to be on oath. Judge may order prop erty to be apped execution. Judge may appoint re prohibit transfer, &c., of property. Order appointing receiver. 11 How. P. R., 446; 8 How. P. R.. 313. $297. The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment, except that the earnings of the debtor for his personal services, at any time within sixty days next preceding the order, cannot be so applied, when it is made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor. As amended by Laws of 1851, ch. 479. 17 N. Y., 484; 22 How. P. R., 312; 21 How. P. R., 17; 16 How. P. R., 549; 14 How. P. R., 436; 9 How. P. R., 101: 5 How. P. R., 17, 441; 13 Ab., 418, 459; 12 Ab., 21; 10 Ab., 463; 7 Ab., 251, 338; 6 Ab., 213; 2 Ab., 233; 40 B., 244; 37 B., 612; 15 Ab., 376. S 298. The judge may also by order appoint a receiver of ceiver and the property of the judgment debtor, in the same manner and with the like authority as if the appointment was made by the court according to section 244. But before the appointment of such receiver, the judge shall ascertain, if practicable, by the oath of the party, or otherwise, whether any other supplementary proceedings are pending against the judgment debtor, and if such proceedings are so pending the plaintiff therein shall have notice to appear before him, and shall likewise have notice of all subsequent proceedings in relation to said receivership. No more than one receiver of the property of a judgment debtor shall be appointed. The judge may also by order, forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution, and any interference therewith. Whenever the judge shall grant an order for the appointment of a receiver of the property of the judgment debtor, the same shall be filed in the office of the clerk of the county, where the judgment roll in the action, or transcript from justice's judgment, upon which the proceedings are taken, is filed; and the said clerk shall record the order in a book to be kept for that purpose in his office, to be called "book of orders, appointing receivers of judgment debtors," and shall note the time of the filing of said order therein. A certified copy of said order shall be delivered to the receiver named therein, and he shall be vested with the property and effects of the judgment debtor, from the time of the filing and recording of the order as aforesaid. The receiver of the judgment debtor shall be subject to the direction and control of the court in which the judgment was obtained, upon which the proceedings are founded, or if the judgment is upon a tran |