CHAP. IX. Of Proceedings commenced by Special Writ,. Vol. Page. II, 579 and IV, 681 II, 579 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 CHAP. X. Of Costs and the Fees of Officers, II, 635 and IV, 683 CHAP. I. Of Crimes and their Punishment,.. CHAP. II. Of Proceedings in Criminal Cases, TITLE 1. Prevention of Crime, II, 727 and V, 162 II, 727 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 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. 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. 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. 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. 44. Non-resident debtors, may also contest the fact of non-residence. |