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§ 2192. Order to show cause. The petition, and the papers annexed thereto, must be presented to the court, and filed with the clerk. The court must thereupon make an order, requiring all the creditors of the petitioner to show cause before it, at a time and place therein specified, why the prayer of the petitioner should not be granted; and directing that the order be published and served, in the manner prescribed in section 2165 of this act, for the publication and service of an order, made as therein prescribed.

§ 2193. Hearing, etc. The provisions of sections 2166, 2167, 2168, 2169, 2170, 2172, and 2173 of this act, apply to a special proceeding, taken as prescribed in this article.

§ 2194. Order directing assignment; assignment pursuant thereto. An order, directing the execution of an assignment, must be made by the court, where it appears, by the verdict of the jury, or, if a jury has not been demanded, or the jurors have been discharged by reason of their inability to agree, where it satisfactorily appears to the court, as follows:

1. That the petitioner is unable to pay his debts.

2. That the schedule annexed to the petition is true.

3. That he has not been guilty of any fraud or concealment, in violation of the provisions of this article.

4. That he has, in all things, conformed to the matters required of him by this article.

The provisions of sections 2175, 2176, and 2177 of this act apply to the order prescribed in this section, and to the assignment made in pursuance thereof, except that the trustee or trustees must be nominated, as well as appointed, by the court.

§ 2195. When discharge to be granted; effect thereof. Upon the production by the petitioner, of the certificates of the trustee or trustees, and the county clerk, to the effect prescribed in section 2178 of this act, the court must grant to the petitioner a discharge, declaring that the petitioner is forever thereafter exempted from arrest or imprisonment, by reason of any debt due at the time of making the assignment, or contracted before that time, though payable afterwards; or by reason of any liability incurred by him, by making or indorsing a promissory note, or by accepting, drawing, or indorsing a bill of exchange, before the execution of the assignment; or in consequence of the payment, by any party to such note or bill, of the whole or any part of the money secured thereby, whether the payment is made before or after the execution of the assignment, with the exceptions specified in section 2218 of this act. The discharge shall have the effect therein declared, as prescribed in this section

$2196. Discharge to be recorded, etc. The provisions of section 2181 of this act apply to the discharge, and to the petition and other papers upon which it was granted.

§ 2197. Petitioner to be released from imprisonment. If, at the time when the discharge is granted, the petitioner is imprisoned, by virtue of an execution against his person issued, or of an order of arrest made, in an action or special proceeding founded upon a debt, liability, or judgment, as to which he is exempted from arrest or imprisonment, as prescribed in the last section but one, the officer must forthwith release him, on production of the discharge, or a certified copy of the record thereof.

§ 2198. Debts not affected, etc. A debt, demand, judgment, or decree, against an insolvent, discharged as prescribed in this article, is not affected or impaired by the discharge; but it remains valid and effectual, against

all his property, acquired after the execution of the assignment. The lien, acquired by or under a judgment or decree, upon any property of the insolvent, is not affected by the discharge.

§ 2199. Discharge, when void. A discharge, granted to an insolvent as prescribed in this article, is void in the same cases, so far as they are applicable, in which a discharge, granted as prescribed in article first of this title, is therein declared to be void; and the validity of such a discharge may be tested in the same manner.

ARTICLE THIRD.

DISCHARGE OF AN IMPRISONED JUDGMENT DEBTOR FROM IMPRISONMENT.

SECTION 2200. Who may be discharged.

2201. To what court application to be made.

2202. When petition may be presented.

2203. Contents of petition; schedule.

2204. Affidavit of petitioner.

2205. Notice to creditors.

2206. Id.; when service cannot be made.

2207. Id.; when State a creditor.

2208. Proceedings on presentation of petition.

2209. Adjournment.

2210. Proceedings on adjourned day.

2211. Assignment; effect thereof.

2212. Discharge; when to be granted.

2213. Petitioner's property still liable.

2214. When creditor may issue new execution against person.

2215. Powers and duties of trustee.

2216. Creditor may notify debtor to apply for discharge.

2217. Effect of failure so to apply.

2218. Debtor to United States, etc., not to be discharged.

§ 2200. Who may be discharged. A person imprisoned by virtue of an execution to collect a sum of money, issued in a civil action or special proceeding, may be discharged from the imprisonment, as prescribed in this article. A person who has been admitted to the jail liberties, is deemed to be imprisoned, within the meaning of this article.

§ 2201. To what court application to be made. Application for such a discharge must be made by petition, addressed to the court from which the execution issued; or to the county court of the county in which he is imprisoned; or, if he is imprisoned' in the city of New York, to the supreme court. [AM'D By Ch. 946 of 1895. In effect Jan. 1, 1896.]

§ 2202. When petition may be presented. A person so imprisoned may apply for such a discharge, at any time; unless the sum, or, where he is imprisoned by virtue of two or more executions, the aggregate of the sums, for which he is imprisoned, exceeds five hundred dollars; in which case, he cannot present such a petition, until he has been imprisoned, by virtue of the execution or executions, for at least three months.

§ 2203 Contents of petition; schedule. The petition must be in writing; it must be signed by the petitioner; and it must state the cause of his imprisonment, by setting forth a copy, or the substance, of the execution, or, if there are two or more executions, of each of them. The petitioner must annex thereto, and present therewith, a schedule, containing a just and true account of all his property, and of all charges affecting the same; as the property and charges existed at the time when he was first imprisoned, and

also as they exist at the time when the petition is prepared; together with a just and true account of all deeds, securities, books, vouchers, and papers, relating to the property, and to the charges thereupon.

§ 2204. Affidavit of petitioner. An affidavit, in the following form, subscribed and taken by the petitioner, on the day of the presentation of the petition, must be annexed to the petition and schedule:

"I, ——, do swear" (or "affirm," as the case may be,) "that the matters of fact, stated in the petition and schedule hereto annexed, are, in all respects, just and true; and that I have not, at any time or in any manner whatsoever, disposed of or made over any part of my property, not exempt by express provision of law from levy and sale by virtue of an execution, for the future benefit of myself or my family, or disposed of or made over any part of my property, with intent to injure or defraud any of my creditors."

§ 2205. Notice to creditors. At least fourteen days before the petition is presented, the petitioner must serve, upon the creditor in each execution, by virtue of which he is imprisoned, a copy of the petition, and of the schedule; together with a written notice of the time when, and place where, they will be presented. If, by reason of changes occurring after the service, it is necessary, before presenting the petition and schedule, to correct any statement contained in the schedule, the correction may be made by a supplemental schedule, a copy of which need not be served, unless the court so directs.

§ 2206. Id.; when service cannot be made. The papers, specified in the last section, may be served, either upon the creditor or his representative, or upon the attorney whose name is subscribed to the execution; and, in either case, in the manner prescribed in this act for the service of a paper upon an attorney, in an action in the supreme court. Where it is made to appear, by affidavit, to the satisfaction of the court, that service cannot, with due diligence, be so made within the State, upon either, the court may make an order, prescribing the mode of service, or directing the publication of a notice in lieu of service, in such a manner and for such a length of time, as it thinks proper; and thereupon, it may direct an adjournment of the hearing to such a time as it thinks proper.

§ 2207. Id.; when State a creditor. Where the State is a creditor, the papers must be served upon the Attorney-General, who must represent the State in the proceedings.

§ 2208. Proceedings on presentation of petition. Upon the presentation of the petition, schedule, and affidavit, with due proof of service or publication, as prescribed in the last three sections, the court must make an order, directing the petitioner to be brought before it, on a day designated therein; and on that day, or on such other days as it appoints, the court must, in a summary way, hear the allegations and proofs of the parties. If the court is satisfied that the petition and schedule are correct, and that the petitioner's proceedings are just and fair, it must make an order, directing the petitioner to execute, to one or more trustees, designated in the order, an assignment of all his property, not expressly exempt by law from levy and sale by virtue of an execution; or of so much thereof as is sufficient to satisfy the execution or executions, by virtue of which he is imprisoned.

§ 2209. Adjournment. Upon sufficient cause being shown by a creditor, the court may, from time to time, adjourn the hearing; but not to a day later than three months after the presentation of the petition.

§ 2210. Proceedings on adjourned day. An objection to a matter of form shall not be received upon an adjourned day; and, unless the opposing creditor satisfies the court that the proceedings on the part of the petitioner are not just and fair, the court must direct an assignment, as prescribed in the last section but one, and must grant a discharge, as prescribed in the following sections of this article.

§ 2211. Assignment; effect thereof The assignment must be acknowledged or proved, and certified, in like manner as a deed to be recorded in the county, and must be recorded in the clerk's office of the county where the petitioner is imprisoned. Where it appears from the schedule or otherwise, that real property will pass thereby, the assignment must also be recorded as a deed, in the proper office for recording deeds of each county where the real property is situated. The assignment vests in the trustee or trustees, for the benefit of the judgment creditors in the executions, by virtue of which the petitioner is imprisoned, all the estate, right, title, and interest of the petitioner in and to the property, so directed to be assigned.

§ 2212. Discharge; when to be granted. Upon the production, by the petitioner, of satisfactory evidence, that the petitioner has actually delivered to the trustee or trustees all the property so directed to be assigned, which is capable of delivery; or upon the petitioner's giving security, approved by the court, for the future delivery thereof; the court must make an order, discharging the petitioner from imprisonment, by virtue of each execution, specified in his petition. The sheriff, upon being served with a certified copy of the order, must discharge the petitioner as directed therein, without any detention on account of fees.

§ 2213. Petitioner's property still liable. Notwithstanding such a discharge, the judgment creditor in the execution has the same remedies, against the property of the petitioner, for any sum due upon his judgment, which he had before the execution was issued; but the petitioner shall not, except as is otherwise specially prescribed in the next section, be again imprisoned by virtue of an execution upon the same judgment, or arrested in an action thereupon.

§ 2214. When creditor may issue new execution against person. If the petitioner is convicted of perjury, committed in any of the proceedings upon his petition, any judgment creditor, by virtue of whose execution. he was imprisoned, may issue a new execution against his person.

§ 2215. Powers and duties of trustee. The trustees must collect the demands, and sell the other property assigned to him. He must apply the proceeds thereof, after deducting his commissions and expenses allowed by law, as follows:

1. To the payment of the jail fees, upon the imprisonment and discharge of the petitioner.

2. If any surplus remains, to the payment of the creditors, by virtue of whose executions the petitioner was imprisoned, when he presented his petition; or, if there is not enough to pay them in full, to the payment, to each, of a proportionate part of the sum due upon his execution.

3. If any surplus remains, he must pay it over to the petitioner, or his executor or administrator.

Personal service upon a creditor, or his attorney, of written notice of the time and place of making a distribution, as prescribed in subdivision second of this section, has the same effect as publishing a notice thereof, in a case prescribed by law.

§ 2216. Creditor may notify debtor to apply for discharge. Where a person has been imprisoned, by virtue of an execution, for the space of three months after he was entitled, by the provisions of this article, to apply for a discharge; and has neither made such an application, nor applied for his discharge under the provisions of article first of this title; the judgment creditor, by virtue of whose execution he is imprisoned, may serve upon the prisoner a written notice, requiring him to apply for his discharge, according to the provisions of this article.

$ 2217. Effect of failure so to apply. If the prisoner does not, within thirty days after personal service of such a notice, either present a petition. to the proper court, as prescribed in article first of this title, or serve, upon the creditor giving the notice, a copy of a petition and schedule, with a notice of his intention to apply for his discharge, as prescribed in this article; or if, after such a presentation or service, he does not diligently proceed thereupon to a decision, he shall be forever barred from obtaining his discharge under the provisions of this article, or of article first of this title. § 2218. Debtors to United States, etc., not to be discharged. Neither of the following named persons shall be discharged from imprisonment, under the provisions of this article:

1. A person owing a debt or duty to the United States.

2. A person owing a debt or duty to the State, for taxes or for money received or collected by any person, as a public officer or in a fiduciary capacity, or a cause of action specified in section 1969 of this act or a judg ment recovered upon such a cause of action.

ARTICLE FOURTH.

CARE OF THE PROPERTY OF A PERSON CONFINED FOR CRIME.

SECTION 2219. When and to what court application to be made.

2220. Who may apply.

2221. Creditor must relinquish security.

2222. Contents of petition.

2223. Copy of sentence and affidavit to be presented.

2224. Proceedings upon presentation of the papers.

2225. Id.; on return of order to show cause.

2226. Effect of order appointing trustee.

2227. Removal of trustee; appointment of new trustee.

2228. Prisoner's property; how applied.

2229. Id.; to be delivered to him on his discharge.

2230. Application of this article to persons heretofore sentenced.

§ 2219. When and to what court application to be made. Where a person is imprisoned in a State prison, for a term less than for life; or in a penitentiary or county jail, for a criminal offence, for a longer term than one year; one or more trustees, to take charge of his property, may be appointed, as prescribed in this article, by the county court of the county, or the supreme court in the judicial district, where he resided at the time of his imprisonment, or if he was not then a resident of the state, where he is imprisoned. [AM'D BY CHAP. 946 of 1895. In effect Jan. 1, 1896.]

§ 2220. Who may apply. A petition for such an appointment may be presented by either of the following persons:

1. A creditor of the prisoner.

2. The prisoner's husband, wife, or child.

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