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the body or officer, to make the determination to be reviewed, where the facts, in relation thereto, are not sufficiently stated in the return, and the court is satisfied that they cannot be made to appear, by means of an order for a further return.
New. 2 R. S. 271, 261 (2 Edm. 280); Code of Proc. 363. Matter of Shotwell, 10 Johns. 301; Seymour v. Webster, 1 Cow. 168; Williams v. Albany Mayors' Court, 12 Wend. 266; People v. Wheeler, 21 N. Y. 82 People v. Kelly, 35 Barb. 444; s. c. as Caldwell's case, 13 Abb. Pr. 405; People v. Board of Police, 16 id. 337; Haines v. Judges of Westchester, 20 Wend. 625; People v. Fire Com'rs, 73 N. Y. 437; People v. Powers, 19 Abb. Pr. 99.
§ 2140. Questions to be determined.—The questions, involving the merits, to be determined by the court upon the hearing, are the following, only:
1. Whether the body or officer had jurisdiction of the subject-matter of the determination under review.
2. Whether the authority, conferred upon the body or officer, in relation to that subject-matter, has been pursued in the mode required by law, in order to authorize it or him to make the determination.
Whether, in making the determination, any rule of law, affecting the rights of the parties thereto, has been violated, to the prejudice of the relator.
4. Whether there was any competent proof of all the facts, necessary to be proved, in order to authorize the making of the determination.
5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action in the supreme court, triable by a jury, would be set aside by the court, as against the weight of evidence.
New. Baldwin v. City of Buffalo, 35 N. Y. 380: People v. Smith, 45 id. 772,776, and 777; People v. Sanders, 3 Hun, 16; s. c., sub. nom. Peo ple v. Court of Special Sessions, 5 N. Y. Sup. Ct. (T. & C.) 260: People v. Betts, 55 N. Y. 600; People v. Police Com'rs, 11 Hun, 513; People v. Sutherland, 16 id. 192; People v. Weigant, 14 id. 546; People v. Eddy, 57 Barb. 593, 601; see, also, People v. Board of Excise and Police, 69 N. Y. 409; see 2147, post (see Sess. L. 1873. vol. 1, pp. 125 and 126); People v. Steele, 1 Sheld. 345; s. c, 56 N. Y. 664; People v. Police Com'rs of Troy, 55 How. Pr. 454; People v. Police Com'rs, 6 Hun. 229; s. c., 52 How. Pr. 289; People v. Board of Police, 72 N. Y. 415; People v. Sutherland, 16 Hun, 192; People v. Burton, 65 N. Y. 452. *
§ 2141. Final order upon the hearing. The court, upon the hearing, may make a final order, annulling of *See 1 Civ. Pro. R. 328.
confirming, wholly or partly, or modifying, the determination reviewed, as to any or all of the parties.
New. L. 1868, ch. 828, 5; People v. City of Brooklyn, 49 Barb. 136; People v. Reddy, 43 id. 529; People v. Fredericks, 48 id. 173; 33 How. 150; 48 N. Y. 70; People v. Ferris, 36 id. 218; s. c. 34 How. 189; People ex rel. v. City of Brooklyn, 14 Abb N. S. 115.
§ 2142. Restitution may be awarded. Where the determination reviewed is annulled or modified, the court may order and enforce restitution, in like manner, with like effect and subject to the same conditions, as where a judgment is reversed upon appeal.
New. See 1292, ante.
2143. Costs.- Costs, not exceeding fifty dollars and disbursements, may be awarded by the final order, in favor of or against either party, in the discretion of the court.
See 2 2086 and 2100, ante; also 2007, ante. See People v. Smith, 13 Hun, 227; People v. McDonald, 69 N. Y. 362; People v. Sherman, 15 Hun, 575; People v. Com'rs, etc., 76 N. Y. 65; see 2 R. S. 516, 49 (2 Edm. 533). in certain cases.
§ 2144. Entry and enrollment of final order. -- The final order of the court upon the certiorari must be entered in the office of the clerk where the writ was returnable. But before it can be enforced, an enrollment thereof must be filed. For that purpose, the clerk must attach together, and file in his office, the papers upon which the cause was heard; a certified copy of the final order; and a certified copy of each order, which in any way involves the merits, or necessarily affects the final order.
New. See 22 1237, 1345, and 1354, ante.
§ 2145. Effect thereof. The filing of the enroll ment in the office of the clerk where the final order is entered, as prescribed in the last section, is a sufficient authority for any proceeding, by or before the body which, or the officer who, made the determination reviewed, which the final order of the court directs or permits. But where the execution of the final order is stayed by an appeal to the court of appeals, the pro ceedings below are stayed in like manner.
New. See 1345, ante.
§ 2146. "Body or officer"; "determination"; what they include.-The expression, "body or officer," as
used in this article, includes every court, tribunal, board, corporation, or other person, or aggregation of persons, whose determination may be reviewed by a writ of certiorari; and the word, determination," as used in this article, includes every judgment, order, decision, adjudication, or other act of such a body or officer, which is subject to be so reviewed.
§ 2147. Application of this article to certain special Where the right to a writ of certiorari is expressly conferred, or the issuing thereof is expressly authorized, by a statute, passed before, and remaining in force after, this article takes effect, this article does not vary, or affect in any manner, any provision of the former statute, which expressly prescribes a different regulation, with respect to any of the proceedings upon the certiorari to be issued thereunder.
$2148. Id. to civil cases only. This article is not applicable to a writ of certiorari, brought to review determination made in any criminal matter, except a criminal contempt of court.
CERTAIN SPECIAL PROCEEDINGS INSTITUTED WITHOUT WRIT.
TITLE I. PROCEEDINGS RELATING TO INSOLVENT
DEBTORS AND TO PRISONERS.
TITLE II. SUMMARY
PROCEEDINGS TO RECOVER
THE POSSESSION OF REAL PROPERTY. TITLE III.-PROCEEDINGS TO PUNISH A CONTEMPT OF COURT, OTHER THAN A CRIMINAL CONTEMPT.
TITLE IV.- PROCEEDINGS TO COLLECT A FINE. TITLE V.- PROCEEDINGS TO DISCOVER THE DEATH
OF A TENANT FOR LIFE.
TITLE VI.-PROCEEDINGS FOR THE APPOINTMENT
OF A COMMITTEE OF THE PERSON AND
TITLE VIL-PROCEEDINGS FOR THE DISPOSITION OF THE REAL PROPERTY OF AN INFANT, LUNATIC, IDIOT, OR HABITUAL DRUNKARD.
TITLE VIII.- ARBITRATIONS.
IX.- PROCEEDINGS TO FORECLOSE A MORT-
X.- PROCEEDINGS TO CHANGE THE NAME
TITLE XI.-PROCEEDINGS FOR THE VOLUNTARY DIS
SOLUTION OF A CORPORATION.
TITLE XII.-PROCEEDINGS SUPPLEMENTARY TO AN
EXECUTION AGAINST PROPERTY.
Proceedings relating to insolvent debtors and to prisoners.
ARTICLE 1. Discharge of an insolvent from his debts.
2. Exemption from arrest, or discharge from imprisonment, of an insolvent debtor.
3. Discharge of an imprisoned judgment debtor from imprisonment.
4. Care of the property of a person confined for crime.
DISCHARGE OF AN INSOLVENT FROM HIS DEBTS,
SEC. 2149. Who may be discharged.
2150. To what court application to be made.
2151. Contents of petition.
2152. Consent of creditors to be annexed.
2153. Consent of executor, administrator, receiver, etc.
2155. Id.; of partnership.
2156. Effect of consent where petitioner is a joint debtor.
2158. Consenting creditor must relinquish security.
2159. Penalty if creditor swears falsely.
2160. Affidavit of consenting creditor.
2161. When non-resident creditor to annex account, etc.
2163. His affidavit.
2164. Order to show cause.
2165. How order published and served.
2167. Putting cause on calendar.
2168. Opposing creditor to file specifications, and may demand jury trial.
2169. Id.; to file proofs, if not named in schedule.
2170. Proceedings ifjurors do not agree.
2171. When insolvent required to produce his non-resident wife.
2172. Examination of insolvent.
2173. When insolvent cannot be discharged.
2174. When assignment to be directed.
2175. Assignment; contents, and to whom made.
2176. Id.; trustees, how designated.
2177. Effect of assignment.
2178. When discharge to be granted.
2179, 2180. Proceedings where trustee refuses to give certificate
2181. Discharge, etc., to be recorded.
2182. Effect of discharge.
2183. Id.; exception as to foreign contracts or creditors.