COURT OF CLAIMS. See CLAIMS, Court of. CRIME, CARE OF PROPERTY OF PERSON IMPRISONED FOR. (Fiero, Spec. Pro., 3rd Ed., pp. 1001-1010.) CRIMINAL CONTEMPTS. Art. DEBTOR AND CREDITOR LAW. I. Statutory provisions. IV. Validity and construction of general assignment. VII. Rights and remedies of creditors. VIII. Preferences. IX. Accounting by assignee. XVIII. Who may be discharged and by what court. XXII. Relation of the act to state laws. XXIV. Jurisdiction of state courts over bankrupt estates. ARTICLE I. (Fiero, Spec. Pro., 3rd Ed., pp. 1018-1025.) DEBT. AND CRED. LAW, § 2. Jurisdiction of proceedings. § 5. Notice to creditors to present claims. § 6. Bond of assignee. § 8. Discharge or removal of assignee; correction of inventory or schedule; supplemental inventories or schedules. §§ 12-20. Accounting, citation and service. § 12. Notice to parties interested in the estate as itors or otherwise. cred § 13. Debts which may be proved against the estate. § 14. Duties of assignee. § 15. Power of court. DEBT. AND CRED. LAW, § 16. Examination of witnesses. § 17. Invalid claims. § 18. Effect of orders; power of judge and duties of clerk. § 19. Sale and compromise of claims and property. § 20. General powers of court. § 21. Trial, costs and commissions. § 22. Wages and preferred claims. § 23. Limitation of preferences. § 24. Appraisal of insolvent estate in hands of assignee. Debt. and Cred. Law, § 2. Jurisdiction of proceedings. The term "judge " when used in this article shall apply equally to a county judge of the county within which the assignment is recorded and to justices of the supreme court, and the term "court" when used in this article shall, in like manner, apply to the county court of such county and to the supreme court. All applications hereunder made in the supreme court shall be made to the court, or a justice thereof within the judicial district where the assignment is recorded, and all proceedings and hearings under this article had in the supreme court upon the return of a citation or order shall be had at a special term of said court held in the county where the debtor resided at the time of the assignment, or in case of an assignment by copartners, in the county where the principal place of business of such copartners was at the time of such assignment, or in the case of an assignment by a corporation in the county where the principal office of such corporation was at the time of such assignment. Amended by L. 1914, ch. 360. (B., C. & G. Consol. L., 2nd Ed., p. 1585.) Debt. and Cred. Law, § 3. Requisites of general assignment. Every conveyance or assignment made by a debtor of his estate, real or personal, or both, to an assignee for the creditors of such debtor, shall be in writing, and shall specifically state therein the residence and kind of business carried on by such debtor at the time of making the assignment, and the place at which such business shall then be conducted, and if such place be in a city, the street and number thereof, and if in a village or town such apt designation as shall reasonably identify such debtor. Every such conveyance or assignment shall be duly acknowledged before an officer authorized to take acknowledgment of deeds and shall be recorded in the county clerk's office in the county where such debtor shall reside or carry on his business at the date thereof. An assignment by copartners shall be recorded in the county where the principal place of business of such copartners is situated. An assignment by a corporation shall be recorded in the county where its principal place of business is situated. When real property is a part of the property assigned, and is situated in a county other than the one in which the original assignment is required to be recorded, a certified copy of such assignment shall be filed and recorded in the county where such property is situated. The assent of the assignee, subscribed and acknowledged by him, shall appear in writing, embraced in or at the end of, or indorsed upon the assignment, before the same is recorded, and, if separate from the assignment, shall be duly acknowledged. In all cases where an assignment is made by a corporation the right to recover the amount due from stockholders on unpaid capital stock issued to or subscribed for by them shall pass to the assignee whether mentioned in the assignment or not. Amended by L. 1914, ch. 360. (B., C. & G. Consol. L., 2nd Ed., p. 1587.) Debt. and Cred. Law, § 4. Debtor's schedule. A debtor making an assignment shall, at the date thereof or within twenty days thereafter, cause to be made, and filed with the county clerk of the county where such assignment is recorded, and file a duplicate thereof with the assignee, an inventory or schedule containing: 1. The name, occupation, place of residence, and place of business, of such debtor: 2. The name and place of residence of the assignee; 3. A full and true account of all the creditors of such debtor, stating the last known place of residence of each, if known, if unknown the fact to be stated, the sum owing to each, with the true cause and consideration therefor, and a full statement of any existing security for the payment of the same; 4. A full and true inventory of all such debtor's estate at the date of such assignment, both real and personal, in law and in equity, with the incumbrances existing thereon, and of all vouchers and securities relating thereto, and the nominal as well as actual value of the same according to the best knowledge of such debtor; and a claim for such exemptions as he may be entitled to; 5. An affidavit made by such debtor, that the same is in all respects just and true. In case such debtor shall omit, neglect or refuse to make and file such inventory or schedule within the twenty days required, the assignee named in such assignment shall, within ten days after the date thereof, cause to be made and filed as aforesaid such inventory or schedule as above required, in so far as he can; and for such purpose the judge shall, at any time, upon the application of such assignee, compel by order such delinquent debtor, and any other person to appear before him and disclose, upon oath, any knowledge or information he may possess, necessary to the proper making of such inventory or schedule. The assignee shall verify the inventory and schedule so made by him, to the effect that the same is in all respects just and true to the best of his knowledge and belief. In case the said assignee shall be unable to make and file such inventory or schedule, within said ten days, the judge may, upon application upon oath, showing such inability, allow him such further time as shall be necessary, not exceeding sixty days. If the assignee fail to make and file such inventory or schedule within said ten days or such further time as may be allowed, the judge shall require, by order, the assignee forthwith to appear before him, and show cause why he should not be removed. Any person interested in the trust estate may apply for such order and demand such removal. The books and papers of such delinquent debtor shall at all times be subject to the inspection and examination of any creditor. The judge is authorized, by order, to require such debtor or assignee to allow such inspection or examination. Disobedience to such order is a contempt, and obedience to such order may be enforced by attachment. 6. The assignor shall comply with all lawful orders of the judge; examine the correctness of all claims presented against his estate, if ordered by the judge so to do, and if any is incorrect or false notify his assignee thereof immediately; deliver to his assignee all his books, papers and records; execute and deliver such papers as shall be ordered by the judge; execute and deliver to his assignee transfers of all his property outside the state of New York; if ordered by the judge attend before the assignee in the county where the assignor resides, and submit to an examination under oath concerning the conducting of his business, the cause of his inability to pay his debts, his dealings with his creditors and other persons, the amount, kind and whereabouts of his property, and all matters which may affect the administration and settlement of his estate; but no testimony given by him shall be offered in evidence against him in any criminal proceeding. Amended by L. 1914, ch. 360. (B., C. & G. Consol. L., 2nd Ed., p. 1593.) Debt. and Cred. Law, § 5. Notice to creditors to present claims. The judge may, upon the petition of the assignee, authorize him to advertise for creditors to present to him their claims, with the vouchers therefor, duly verified, on or before a day to be specified in such advertisement, not less than ten days from the publication thereof, which advertisement or notice shall be published in one newspaper, to be designated by the judge, as most likely to give notice to the persons to be served, at least once and such additional times as the judge may direct; the last publication shall be at least one week prior to the date specified. Said verified claim of creditor shall set forth whether any, and, if so, what securities are held for such claim, and whether any, and, if so, what payments have been made thereon. Whenever a claim is founded upon an instrument in writing, such instrument, unless lost or destroyed, shall be filed with the claim. After the claim is allowed or disallowed, such instrument may be withdrawn by permission of the court. If such instrument is lost or destroyed, a statement of such fact and of the circumstances of such loss or destruction shall be filed under oath with the claim. Amended by L. 1914, ch. 360. (B., C. & G. Consol. L., 2nd Ed., p. 1597.) Debt. and Cred. Law, § 6. Bond of assignee. The assignee named in any such assignment shall, within thirty days after the date thereof, and before he shall have any power or authority to sell, dispose of or convert to the purposes of the trust any of the assigned property, enter into a bond to the people of the state of New York, in an amount to be ordered and directed by the judge, with sufficient sureties to be approved of by such judge, and conditioned for the faithful discharge of the duties of such assignee, and for the due accounting of all moneys received by him, which bond shall be filed in the clerk's office of the county where such assignment is recorded, but in case the debtor shall fail to present such inventory within the ten days required, then the assignee, before the ten days thereafter shall have elapsed, may apply to said judge by verified petition for leave to file a provisional bond, until such time as he may be able to present the schedule or inventory as herein before provided. Amended by L. 1914, ch. 360. (B., C. & G. Consol. L., 2nd Ed., p. 1598.) Debt. and Cred. Law, § 8. Discharge or removal of assignee; correction of inventory or schedule; supplemental inventories or schedules. The judge shall, in the case provided in section four, and may also, at any time, on the petition of one or more creditors, showing misconduct or incompetency of the assignee, or on petition of the assignee himself, showing suffi cient reason therefor, and after due notice of not less than five days to the assignor, assignee, surety and such other person as the judge may prescribe, remove or discharge the assignee, and appoint one or more in his place, and order an accounting of the assignee so removed or discharged, and may enjoin such assignee from interfering with the assignor's estate, and make provision by order for the safe custody of the same, and enforce obedience to such injunction and orders by attachment; and, upon the discharge of the assignee upon his own application, such assignee's bond shall be canceled and discharged. The new assignee shall give a bond, to be approved as required by section six. The judge shall have power, by order, to require or allow any inventory or schedule filed to be corrected or amended. The judge may also require and compel, from time to time, supplemental inventories or schedules to be made and filed within such time as he shall prescribe, and to enforce obedience to all orders by attachment. Amended by L. 1914, ch. 360. (B., C. & G. Consol. L., 2nd Ed., p. 1600.) Debt. and Cred. Law, §§ 12-20. Accounting, citation and service. Sections repealed by L. 1914, ch. 360. Debt. and Cred. Law, § 12. Notices to parties interested in the estate as creditors or otherwise. Parties interested in the estate as creditors, or parties otherwise interested, if the judge so directs, shall have at least ten days' notice by mail to their respective addresses as they appear in the schedule filed by the assignor, or at such other addresses as they shall have filed with the assignee, of (a) all proposed sales of property, (b) the declaration and time of payment of dividends, (c) the filing of the final account of the assignee and of the hearing thereon, (d) the proposed compromise of any controversy. Such notice may be published as the judge shall direct and must be returnable in court. The judge may cause such notices to be sent or published on the petition of the assignee at any time after the assignment, or on petition of any other person interested in the estate, at any time after the lapse of sixty days from the filing of such assignment, or where an assignee has been removed and ordered to account as herein before provided on the petition of a creditor, or an assignee's surety, or assignor, and on good cause being shown, the judge may grant an order directing the assignee to show cause at the time specified why a sale of the property should not be had or a dividend should not be paid, or a settlement of his account should not be had, or such other matters as in the opinion of the judge should be disposed of. Upon the hearing and determination of such order to show cause the judge may make such order in the premises as justice requires. Added by L. 1914, ch. 360, and amended by L. 1915, ch. 469. (B., C. & G. Consol. L., 2nd Ed., p. 1603.) Debt. and Cred. Law, § 13. Debts which may be proved against the estate. Debts of the assignor may be proved and allowed against his estate which are (a) a fixed liability, as evidenced by a judgment absolutely owing at the |