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CHAP. IX. Of Proceedings commenced by Special Writ,.

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Vol. Page.

II, 579

and IV, 681 II, 579

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TITLE II. Scire Facias, Mandamus, Information, Prohibition and

Ad Quod Damnum,.

ART. 1. Scire Facias,..

ART. 2. Quo Warranto,

ART. 3. Mandamus and Prohibition,.

and IV, 681

II, 579

II, 583

II, 594

II, 597

II, 597

II, 602

II, 607

and IV, 683

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CHAP. X. Of Costs and the Fees of Officers,

II, 635

and IV, 683

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CHAP. I. Of Crimes and their Punishment,..

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CHAP. II. Of Proceedings in Criminal Cases,

TITLE 1. Prevention of Crime,

II, 727

and V, 162

II, 727

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TITLE 3. General Provisions applicable to all Prisons,...

II, 818

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, absconding, insolvent, or imprisoned debtors.

TITLE 2.-Of the custody and disposition of the estates of idiots, lunatics, persons of unsound mind, and drunkards.

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OF THE ASSIGNMENT OF THE ESTATES OF NON-RESIDENT, ABSCONDING, 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. Post, vol. 5.

TITLE 1.

ART. 5.-Of voluntary assignments by an insolvent, for the purpose of exonerating his person from imprisonment.

ART. 6. Of voluntary assignments by a debtor imprisoned in execution in civil

causes.

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.

(2

ARTICLE FIRST.

OF ATTACHMENTS AGAINST ABSCONDING, CONCEALED, AND NON-RESIDENT

DEBTORS.

SEC. 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 by 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 subsequent 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 contest the fact of non-residence.

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