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CHAP. II. Of Jails and State Prisons,
TITLE 1. County Prisons,
ART. 1. Designation of them,
ART. 2. Inspection of them,... TITLE 2. State Prisons,...
II, 779 and V, 186
II, 779 and V, 186
II, 779 II, 782
II, 784 and V, 187
II, 785 II, 803 II, 808 II, 813 II, 818
ART. 1. Custody and Government,
ART. 4. Special Provisions,
GENERAL STATUTES :
CHAP. V. Of Insane Criminals,
CHAP. VI. Of Provisions as to Criminal Courts,.
STATE OF NEW YORK.
CHAP. V.* Of Title to Property, Real and Personal, transmitted or
acquired by Special Provisions of Law.
(Took effect 1 January, 1830, except Articles 9 and 10.) TITLE 1.-Of the assignment of the estates of non-resident, abscond
ing, insolvent, or imprisoned debtors. TITLE 2.-Of the custody and disposition of the estates of idiots,
lunatics, persons of unsound mind, and drunkards.
OF THE ASSIGNMENT OF THE ESTATES OF NON-RESIDENT, AB
SCONDING, INSOLVENT, OR IMPRISONED DEBTORS. ART. 1. — Of attachments against absconding, concealed, and non-resident debtors. Art. 2. Of attachments against debtors confined for crimes. ART. 3. Of voluntary assignments, made pursuant to the application of an insol
vent and his creditors. ART. 4. — Of proceedings by creditors, to compel assignments by debtors impri
soned on execution in civil causes.
* Nothing in this Chapter is affected by the Code of Procedure, Code, $ 471.
Art. 5. — Of voluntary assignments by an insolvent, for the purpose of exone
rating his person from iruprisonment. Art. 6. — Of voluntary assignments by a debtor imprisoned in execution in civil Art. 7. — General provisions applicable to proceedings under the several preceding
articles, or some of them. ART. 8. — Of the powers, duties and obligations of trustees and assignees under
OF ATTACHMENTS AGAINST ABSCONDING, CONCEALED, AND NON-RESIDENT
2. Application for attachment, to whom to be made.
Sec. 45. Every such petition to be accompanied by a bond.
46. Officer with whom petition filed, to make report to court
(3) 66. Return how enforced. 67. Officer issuing warrant, to file creditor's affidavits. 68. To report to supreme court, which shall thereafter have jurisdiction. 69. Proceedings may also be removed by certiorari. 70. Powers of supreme court, after receiving return to certiorari. 71. Notice to be given of the names, &c., of sureties. 72. Creditors may require sureties to justify. 73. Seizures under this Article, to supersede other seizures. $ 1. The real and personal property of a debtor, may be When proattached for the payment of his debts, in the following cases: Bealtached.
1. Whenever such debtor, being an inhabitant of this state, shall secretly depart therefrom, with intent to defraud his creditors, or to avoid the service of civil process; or shall keep himself concealed therein, with the like intent.
2. Whenever any person, not being a resident of this state, shall be indebted on a contract made within this state, or to a creditor residing within this state, although upon a contract made elsewhere.
1 R. L., 157, $1 & 23; 13 N. Y., 264; 11 N. Y., 335; 8 N. Y., 158; 5
N. Y., 168 ; 3 N. Y., 42; 12 B., 300; 9 B., 446; 7 B., 188; 21 W.,
17; 12 How. P. R., 345. S 2. Application for such attachment, may be made to any Application officer, specified in the first section of the seventh Article of ment. this Title.
5 N. Y., 164. S 3. Such application may be made by any creditor resident By whom within this state or out of it, or by his personal representatives, having a demand against such debtor personally, whether liquidated or not, arising upon contract, or upon a judgment or decree rendered within this state, or upon a judgment or decree rendered elsewhere upon a contract made within this state, amounting to one hundred dollars or
upwards; or by any two such creditors having such demands, to the amount of one hundred and fifty dollars or upwards; or by any three or more creditors, having such demands, to the amount of two hundred dollars or upwards.
1 R. L., 157, 8 1 & 20; 1845, chi 153; 13 N. Y., 506; 8 N. Y, 158: 3
N. Y., 41; 13 B., 452; 3 B., 230; 2 B., 438; 1 B., 148, 492; 21 W., 317; 9 W., 468; 7 W., 499; 6 W., 554; 6 Cow., 606; 5 Cow., 293;
6 J. C. R., 186; 3 Cai, 257; 2 S. S. C., 17. How made; S 4. Such application shall be in writing, verified by the affidavit re- affidavit of the creditor, or of the person making the same in
his behalf, in which shall be specified the sum in which the debtor is indebted, over and above all discounts, to the person in whose behalf such application is made, and the grounds upon which the application is founded.
11 N. Y., 335; 8 N. Y., 158; 5 N. Y, 164, 422; 21 W., 317, 673; 18
W., 611; 2 W., 298. Two wit- $ 5. The facts and circumstances to establish the grounds
on which such application is made, shall also be verified by the affidavits of two disinterested witnesses.
11 N. Y., 335; 5 N. Y., 429; 11 B., 334; 7 B., 187; 7 H., 189; 4 H.,
599; 21 W., 317. Notice and
$ 6. Upon such proof being made to the satisfaction of the warrant.
officer to whom the application is addressed, he shall order a notice to be published as herein after directed, and shall issue one or more warrants, as may be necessary, to the sheriff of every county, in which any property of such debtor may be, commanding him to attach and safely keep all the estate, real and personal of such debtor, within his county, (except such articles as are by law exempt from execution,) with all books of account, vouchers and papers relating thereto.
13 N. Y., 514; 4 S. Ch., 565; 9 How. P. R., 122.
S 7. The sheriff to whom any such warrant shall be directed Duty of
and delivered, shall immediately attach all the real estate of
such debtor, and all his personal estate, including money and warrant.
bank notes, except articles exempt from execution; and shall take into his custody all books of account, vouchers and papers relating to the property, debts, credits and effects of such debtor, together with all evidences of his title to real estate; which he shall safely keep, to be disposed of as herein after directed.
1 R. L., 157, § 1; 14 J. R., 217; 11 How. P. R., 46. Inventory
S 8. He shall, immediately on making such seizure, with to be mado, the assistance of two disinterested freeholders, make a just
and true inventory of all the property so seized, and of the books, vouchers and papers taken into his custody, stating therein the estimated value of the several articles of personal property, and enumerating such of them as are perishable; which inventory, after being signed by the sheriff and the appraisers, shall, within ten days after such seizure, be returned to the officer who issued the warrant, and the sheriff, shall, under the direction of such officer collect, receive