court. If it was issued from the supreme court, it must be made returnable at the office of the clerk of the county, designated therein, wherein the determination to be reviewed was made; and if the county, designated in the writ, is not the proper county, the court, upon motion, may amend the writ accordingly. Thereupon all papers on file must be transferred to the clerk of the county, where the writ is made returnable by the amendment. See § 2138, post. § 2133. Subsequent proceedings as in an action, After a writ of certiorari has been issued, the time to make a return thereto may be enlarged, or any other order may be made, or proceeding taken, in the cause, in relation to any mat ter not provided for in this article, as a similar proceeding may be taken in an action, brought in the same court, and triable in the county where the writ is returnable. § 2134. Return; when and how made. The clerk, with whom a writ of certiorari is filed, and each person, upon whom a writ of certiorari is served as prescribed in section 2130 of this act, must make and annex to the writ, or to the copy thereof served upon him, a return, with a transcript annexed, and certified by him, of the record or proceedings, and statement of the other matter, specified in and required by the writ. The return must be filed in the office where the writ s returnable, according to the command thereof. 2 R. S. 599, §§ 45 and 46 (2 Edm. 621). § 2135. Id.; how compelled; fees for making. If a return is defective, the court may direct a further return. An omission to make a return, as required by a writ of cer tiorari, or by an order for a further return, may be punished, as a contempt of the court. But a judge or clerk shall not be thus punished, unless the relator, before the time when the return is required, pays him, for his return, the sum of two dollars, and, addition, ten cents for each folio of the copies of papers required to be returned. See 2 R. S. 576, § 83 (2 Edm. 596), and § 2005, ante. § 2136. Id.; after term of office expired. A writ of certiorari may be issued to, and a return to a writ of certiorari may be made by, an officer, whose term of office has erpired. Such an officer may be punished for a failure to make a re turn to the writ, as required thereby; or to make a further return. as required by an order for that purpose. § 2137. [Am'd, 1895.] When third person may be brought in. Upon the application of a person, specially and beneficially in terested in upholding the determination to be reviewed, the court may, in its discretion, admit him as a party defendant in the special proceedings, upon such terms as justice requires. And a term of the appellate division of the supreme court, at which the cause is noticed for hearing, and is placed upon the calendar, may in a proper case, direct that notice of the pendency of the specia proceeding be given to any person, in such a manner as it thinks r; and may suspend the hearing until notice is given acngly. 895, ch. 946. 138. [Am'd, 1895.] Hearing upon return. è cause must be heard at a term of the appellate division of preme court, held within the judicial department, embracing ounty where the writ was returnable. Either party may noI for hearing, at any time after the return is complete. Exas prescribed in the next section, it must be heard upon the and return, and the papers upon which the writ was granted. 395, ch. 946. 139. Id.; upon affidavits. he officer or other person, whose duty it is to make a return, absconds, removes from the State, or becomes insane, after rit is issued, and before making a return, or after making an cient return; and it appears that there is no other officer or , from whom a sufficient return can be procured by means new certiorari; the court may, in its discretion, permit affior other written proofs, relating to the matters not suffireturned, to be produced, and may hear the cause accordThe court may also, in its discretion, permit either party duce affidavits, or other written proofs, relating to any alerror of fact, or any other question of fact, which is essential jurisdiction of the body or officer, to make the determinao be reviewed, where the facts, in relation thereto, are not ently stated in the return, and the court is satisfied that annot be made to appear, by means of an order for a fureturn. S. 271, § 261 (2 Edm. 280); Co. Proc., § 363. 40. Questions to be determined. questions, involving the merits, to be determined by the upon the hearing, are the following, only: Whether the body or officer had jurisdiction of the subject· of the determination under review. Whether the authority, conferred upon the body or officer, tion to that subject-matter, has been pursued in the mode ed by law, in order to authorize it or him to make the nination. Whether, in making the determination, any rule of law, ng the rights of the parties thereto, has been violated, to ejudice of the relator, Whether there was any competent proof of all the facts, ary to be proved, in order to authorize the making of the ination. f there was such proof, whether there was, upon all the ce, such a preponderance of proof, against the existence of those facts, that the verdict of a jury, affirming the existhereof, rendered in an action in the supreme court, triable ury, would be set aside by the court, as against the weight dence. 41. Final order upon the hearing. court, upon the hearing, may make a final order, annulling irming, wholly or partly, or modifying, the determination re1, as to any or all of the parties. 68, ch. 828, § 5. § 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 judg ment is reversed upon appeal. See § 1292, ante. § 2143. Costs. Costs, not exceeding fifty dollars and disbursements, may ha awarded by the final order, in favor of or against either party, in the discretion of the court, See §§ 2086 and 2100, ante; also, § 2007, ante. § 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. Bu 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 certif copy of the final order; and a certified copy of each order, which in any way involves the merits, or necessarily affects the fing order. See §§ 1237, 1345, and 1354, ante. § 2145. Effect thereof. The filing of the enrollment in the office of the clerk where the final order is entered, as prescribed in the last section, is: sufficient authority for any proceeding, by or before the body which, or the officer who, made the determination reviewed, whic 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 proceedings below are stayed in like manner. See 1345, ante. § 2146. "Body or officer " ; "determination"; what they include. The expression, "body or officer ", as used in this article, ircludes every court, tribunal, board, corporation, or other perso 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, adjudica tion, or other act of such a body or officer, which is subject to br so reviewed. § 2147. Application of this article to certain special cases. Where the right to a writ of certiorari is expressly conferre or the issuing thereof is expressly authorized, by a statute, passe before, and remaining in force after, this article takes effect, the article does not vary, or affect in any manner, any provision of the former statute, which expressly prescribes a different regula tion, with respect to any of the proceedings upon the certiorar to be issued thereunder. § 2148. Id.; to civil cases only. This article is not applicable to a writ of certiorari, brought to review a determination made in any criminal matter, except a criminal contempt of court. CHAPTER XVII. in Special Proceedings Instituted Without Writ. I.-Proceedings Relating to Insolvent Debtors and to Prisoners. II. - Summary Proceedings to Recover the Possession of Real Property. III.- Proceedings to Punish a Contempt of Court, other than a Criminal Contempt. IV.- Proceedings to Collect a Fine. V.- Proceedings to Discover the Death of a Tenant for Life. VI.-Proceedings for the Appointment of a Committee of the Person and of the Property of a Lunatic, Idiot, or a Habitual Drunk. ard; General Powers and Duties of the Committee. II.- Proceedings for the Disposition of the Real Property of an Infant, Lunatic, Idiot, or Habitual Drunkard. II. Arbitrations. [X.- Proceedings to Foreclose a Mortgage by Advertisement. X.- Proceedings to Change the Name of an Individual. XI. Proceedings for the Voluntary Dissolution of a Corporation. II.- Proceedings Supplementary to an Execution Against Property. TITLE I. ings relating to insolvent debtors and to prisoners. Discharge of an insolvent from his debts. Exemption from arrest, or discharge from imprisonment, of an insolvent debtor. Discharge of an imprisoned judgment debtor from imprisonment. Care of the property of a person confined for crime. ARTICLE FIRST. Discharge of an insolvent from his debts. Who may be discharged. To what court application to be made. Contents of petition. Consent of creditors to be annexed. Consent of executor, administrator, receiver, etc. Id.; of corporation, etc. Id.; of partnership. Effect of consent where petitioner is a joint debtor. Consent of purchaser of debt, etc. Consenting creditor must relinquish security. Penalty if creditor swears falsely. Affidavit of consenting creditor. When non-resident creditor to annex account, etc. Petitioner's schedule. His affidavit. Order to show cause. How order published and served. Hearing. Putting cause on calendar. Opposing creditor to file specifications, and may demand jury trial. Sec. 2169. Id.; to file proofs, if not named in schedule. 2171. When insolvent required to produce his non-resident wife. 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, etc. 2181. Discharge, etc., to be recorded. 2182. Effect of discharge. 2183. Id.; exception as to foreign contracts or creditors. 2184. Id.; as to debts, etc., to the United States and the State. 2185. Insolvent to be released from imprisonment. 2186. Discharge; when void. 2187. Invalidity may be proved on motion to vacate order of arrest, § 2149. Who may be discharged. An insolvent debtor, who is a resident of the State at the ti of presenting his petition, may be discharged from his debts, prescribed in this article. 2 R. S. 16, § 1 (2 Edm. 17), am'd. § 2150. [Am'd, 1895.] To what court application to made. Application for such a discharge must be made, by the petiti of the insolvent, addressed to the county court of the county which he resides; or, if he resides in the city of New York, the supreme court. See 3 R. S., 5th ed., 109, §§ 1 and 2 (2 Edm. 35); L. 1895, ch. 946. § 2151. Contents of petition. The petition must be in writing; it must be signed by the ins vent, and specify his residence; it must set forth, in substa that he is unable to pay all his debts in full; that he is willing assign his property for the benefit of all his creditors, and. all other respects, to comply with the provisions of this art for the purpose of being discharged from his debts; and it r pray that, upon his so doing, he may be discharged accordin It must be verified by the affidavit of the insolvent, anne thereto, taken on the day of the presentation thereof, to effect, that the petition is in all respects true, in matter of i § 2152. Consent of creditors to be annexed. The petitioner must annex to his petition one or more writ instruments, executed by one or more of his creditors, resi: in the United States, having debts owing to him or them in faith, then due or thereafter to become due, which amour' not less than two-thirds of all the debts, owing by the petitio to creditors residing within the United States. Each instru must be to the effect, that the person or corporation, executing consents to the discharge of the petitioner from his debts, his complying with the provisions of this article. 2 R. S. 36, § 2 (2 Edm. 37). § 2153. Consent of executor, administrator, receiver, ‹ An executor or administrator may become a consenting cre under the order of the surrogate's court from which his er issued. A trustee, official assignee, or receiver of the propert a creditor of the petitioner, whether created by operation of |