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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,...

Vol. Page.

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. 2. Labor of Prisoners, ..
ART. 3. Treatment of Prisoners,.

ART. 4. Special Provisions,
TITLE 3. General Provisions applicable to all Prisons,..

GENERAL STATUTES :
CHAP. IV. Of Juvenile Asylums,

V, 206

CHAP. V. Of Insane Criminals,

V, 241

CHAP. VI. Of Provisions as to Criminal Courts,.

V, 245

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REVISED STATUTES

OF THE

STATE OF NEW YORK.

PART II.

CONTINUED.

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.

TITLE I.

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.

TITLE 1.

causes.

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

this Title.

ARTICLE FIRST.

OF ATTACHMENTS AGAINST ABSCONDING, CONCEALED, AND NON-RESIDENT

DEBTORS.
SEÇ. 1. When property of a debtor may be attached.

2. Application for attachment, to whom to be made.
3. By what creditors application may be made.
4. Application to be in writing, and verified hy affidavit.
5. Grounds on which it is made, to be verified by two witnesses.
6. Officer, if satisfied, to order notice, and to issue warrant.
7. Duty of sheriff on receiving such warrant.
8. Sheriff to make and return an inventory.
9. Perishable property (except vessels) to be sold.
10. If property be claimed by another, jury to try claim.
11. If jury find for claimant, property to be delivered.
12. Costs of inquisition, by whom to be paid.
13. On claim being made to vessel, such vessel to be valued.
14. Claimant to give bond with sureties; its condition.
15. On execution of bond, vessel or share seized, to be discharged.
16. Bond to be sued by trustees; when debtor may sue on it.
17. What may be shown in bar to such suit; rule of damages.
18. Foreign vessel seized, may be valued.
19. Notice to be given to attaching creditors.
20. Attaching creditors to give bond with sureties.
21. Unless bond be given, vessel attached, to be discharged.
22. No second warrant to issue, till bond be given.
23. When debtor entitled to claim such vessel.
24. When vessel to be sold for indemnity of creditor giving bond.
25. Vessel, if not claimed, may be sold on application of creditor.
26. When share may be sold, on application of joint owner.
27. Officer ordering sale, to fix time, &c.
28. Officer issuing warrant, to order notice to be published.
29. Time for which notice is to be published.
30. Contents of notice in the case of an absconding or concealed debtor.
31. Contents of notice in the case of a non-resident debtor.
32. All sales and judgments, after first publication of notice, void.
33. The like provision as to certain estate of non-resident debtors.
34. Persons indebted to such debtors, or having their property, to account to

trustees.
35. Payments to debtor, after first publication, fraudulent.
36. Persons prosecuted by debtor, may give attachment in bar.
37. After application for attachment, any other creditor may file petition.
38. Such latter creditor to be thereafter deemed an attaching creditor.
39. Every snbsequent attachment to be deemed part of the first proceedings.
40. Notice of first warrant, to be given; proceedings thereupon.
41. Duty of officer who issued such subsequent warrant.
42. Rights and obligations of creditors applying for subsequent warrant.
43. Absconding or concealed debtor may contest allegation of concealment.
44. Non-resident debtors, may also coutest the fact of non-residence.

ART. 1.

Sec. 45. Every such petition to be accompanied by a bond.

46. Officer with whom petition filed, to make report to court
47. Proceedings of such court thereupon.
48. If allegations are proved, warrant to be discharged.
49. Court to tax costs, and to enforce payment.
50. If allegations not proved, penalty of bond may be recovered.
51. Persons to whom debtor has transferred property, may petition for hearing.
52. When jury trial is had, effect of their decision.
53. Proceedings upon warrant, how far stayed by petition and bond.
54. Debtor may apply to officer issuing attachment, for its discharge.
55. Bond, to be executed upon such application.
56. If bond be given, warrant to be discharged.
57. When bond may be prosecuted; proceedings thereon.
58. When officer issuing warrant, shall appoint trustees.
59. If trustees are not appointed in due time, warrant to be discharged.
60. Order to be endorsed on appointment, allowing it to be recorded, &c
61. Appointment to be recorded; where and within what time.
62. Record thereof, and transcript, how far evidence.
63 & 64. If debtor die or become insane.
65. Sheriff to return warrant and proceedings.

(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.,
673; 3 W., 325; 1 W., 45; H. & D., 448; 1 H., 484; 2 Cai., 317; 6
Cow., 603; 19 How. P. R., 543; 18 How. P. R., 15; 17 How. P. R.,.

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

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nesses.

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

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sheriff on

&c.

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