the judgment to be canceled and discharged of record. If it appears that he has been discharged from the payment of that judgment, an order must be made accordingly, and thereupon the clerk must cancel and discharge the docket thereof, as if the proper satisfaction piece of the judgment was filed. Notice of the application, accompanied with copies of the papers upon which it is made, must be given to the judgment creditor, unless his written consent to the granting of the order, with satisfactory proof of the execution thereof, and if he is not the party in whose favor the judgment was rendered, that he is the owner thereof, is presented to the court upon the application. § 2183. In either of the following cases, such a discharge does not affect a debt or liability, founded upon a contract, unless it was owing, when the petition was presented, to a resident of the State; or the creditor has executed a consent to the discharge; or has appeared in the proceedings; or has received a dividend from the trustee : 1. Where the contract was made with a person, not a resident of the State. 2. Where it was made and to be performed without the State. 3. Where the creditor was not, at the time of the discharge, a resident of the State. § 2184. Such a discharge does not affect : 1. A debt or duty to the United States; or 2. A debt or duty to the State, for taxes or for money received or collected by any person as a public officer, or in a fiduciary capacity, or a cause of action specified in section one thousand nine hundred and sixty-nine of this act, or a judgment recovered upon such a cause of action. Except as prescribed in this section, the discharge exonerates the petitioner from a debt or other liability to the State, in like manner and to the same extent, as from a debt or liability to an individual. § 2185. if, at the time when the discharge is granted, the petitioner is under arrest, by virtue of an execution against his person issued, or an order of arrest made, in an action or special proceeding, founded upon a debt or liability from which he is discharged, as described in the foregoing sections of this article, he must be released from the arrest, upon producing to the officer his discharge, or a certified copy of the record thercof. If the adverse party wishes to test the validity of the discharge, he may procure a new order of arrest, or cause a new execution to be issued, as the case requires. § 2186. [Am'd 1890.] A discharge, granted as prescribed in this article, is void, in either of the following cases: 1. Where the petitioner wilfully swears falsely, in the affidavit annexed to his petition or schedule, or upon his examination, in relation to any material fact, concerning his property or his debts, or to any other material fact. 2. Where, after presenting his petition, he sells, or in any way transfers or assigns, any of his property, or collects any debt or demand owing to him, and does not give a just and true account thereof, upon the hearing or trial, and does not pay the money so collected, or the value of the property so sold, transferred, or assigned, as prescribed in this article. 3. Where he secretes any part of his property, or a book, voucher, or paper relating thereto, with intent to defraud his creditors. 4. Where he fraudulently conceals the name of any creditor, or the sum owing to any creditor, or fraudulently misstates such a sum. 5. Where, in order to obtain his discharge he procures any person to become a consenting creditor, wilfully, intentionally and knowingly, for a sum not due from him to that person in good faith, or for a sum greater than that for which the holder of a demand, purchased or assigned, is deemed a creditor, as prescribed in this article. 6. Where he pays, or consents to the payment of, any portion of the debt or demand of a creditor, or grants or consents to the granting of any gift or reward to a creditor, upon an express or implied contract, trust, or understanding, that the creditor so paid or rewarded should be a consenting creditor, or should abstain or desist from opposing the discharge. 7. Where he is guilty of any fraud whatsoever, contrary to the true intent of this article. 2187. Where a person, who has been discharged as prescribed in this article, is afterwards arrested by virtue of an order of arrest made, or an execution issued, in an action founded upon a debt or liability from which he is so discharged, the adverse party may oppose his application to be released from the arrest, by proof, by affidavit, of any cause for avoiding the discharge, for want of jurisdiction, or as specified in the last section. If such a cause is established, the application must be denied. ARTICLE SECOND. EXEMPTION FROM ARREST, OR DISCHARGE FROM IMPRIS 2188. Who may be exempted, and by what court. 2189. Contents of petition. 2190. Petitioner's schedule. 2191. His affidavit. 2192. Order to show cause. 2193. Hearing, etc. 2194. Order directing assign ment; assignment pur suant thereto. § 2195. When discharge to be granted; effect thereof. 2196. Discharge to be recorded, etc. 2197. Petitioner to be released 2198. Debts not affected, etc. #2188. [Am'd 1895, amendment to take effect January 1, § 1164, Con 1896.] An insolvent debtor may be exempted from arrest, sol. Act. or discharged from imprisonment, as prescribed in this ar ticle. For that purpose, he must apply, by petition, to the county court of the county in which he resides, or is ipsisoned; or, if he resides or is imprisoned in the city of New York, to the supreme court. A person who has been admitted to the jail liberties, is deemed to be imprisoted, withiu the meaning of this article. § 2189. The petition must be in writing; it must be signed by the insolvent, and specify his residence, and also, if he is in prison, the county in which he is imprisoned, and the cause of his imprisonment. It must set forth, in substance, that he is unable to pay all his debts in full; that he is willing to assign his property for the benefit of all his creditors, and in all other respects to comply with the provisions of this article, for the purpose of being exemp from arrest and imprisonment, as prescribed therein; and it must pray, that upon his so doing, he may thereafter be exempted from arrest, by reason of a debt, arising upon a contract previously made; and also, if he is imprisoned, that he may be discharged from his imprisonment. It must be verified by the affidavit of the insolvent, annexed thereto, taken on the day of the presentation thereof, to the effect, that the petition is in all respects true in matter of fact. § 2190. The petitioner must annex to his petition, a schedule, in all respects similar to that required of an insolvent, as prescribed in section two thousand one hundred and sixty-two of this act. § 2191. [Am'd 1895, amendment to take effect January 1, 1896.] An affidavit in the following form, subscribed and taken by the petitioner, before the county judge, or, in the city of New York, before a justice of the supreme court, must be annexed to the schedule: "I, do swear" (or "affirm," as the case may be) "that the matters of fact, stated in the schedule hereto an nexed, are, in all respects, just and true; that I have not, at any time or in any manner whatsoever disposed of or made over any part of my property, not exempt by express provi sion of law from levy and sale by virtue of an execution, for the future benefit of myself or my family, or disposed of or made over any part of my property in order to defraud any of my creditors; and that I have not paid, secured to be paid, or in any way compounded with, any of my creditors, with a view that they or any of them should abstain from opposing my discharge," § 2192. The petition, and the papers annexed thereto, must be presented to the court, and filed with the clerk. The court must thereupon make an order, requiring all the creditors of the petitioner to show cause before it, at a time and place therein specified, why the prayer of the petitioner should not be granted; and directing that the order be published and served, in the manner prescribed in section two thousand one hundred and sixty-five of this act, for the publication and service of an order, made as therein prescribed. 2193. The provisions of sections two thousand one hundred and sixty-six, two thousand one hundred and sixty-seven, two thousand one hundred and sixty-eight, two thousand one hundred and sixty-nine, two thousand one hundred and seventy, two thousand one hundred and seventy-two, and two thousand one hundred and seventythree of this act, apply to a special proceeding, taken as prescribed in this article. § 2194. An order, directing the execution of an assignment, must be made by the court, where it appears, by the verdict of the jury, or, if a jury has not been demanded, or the jurors have been discharged by reason of their inability to agree, where it satisfactorily appears to the court, as follows: 1. That the petitioner is unable to pay his debts. 2. That the schedule annexed to his petition is true. 3. That he has not been guilty of any fraud or concealment, in violation of the provisions of this article. 4. That he has, in all things, conformed to the matters required of him by this article. The provisions of sections two thousand one hundred and seventy-five, two thousand one hundred and seventysix, and two thousand one hundred and seventy-seven of this act apply to the order prescribed in this section, and to the assignment made in pursuance thereof, except that the trustee or trustees must be nominated, as well as appointed, by the court. 2195. Upon the production by the petitioner, of the certificates of the trustee or trustees, and the county clerk, to the effect prescribed in section two thousand one hundred and seventy-eight of this act, the court must grant to the petitioner a discharge, declaring that the petitioner is forever thereafter exempted from arrest or imprisonment, by reason of any debt due at the time of making the assignment, or contracted before that time, though payable afterwards; or by reason of any liability incurred by him, by making or indorsing a promissory note, or by accepting, drawing, or indorsing a bill of exchange, before the execution of the assignment; or in consequence of the payment, by any party to such a note or bill, of the whole or any part of the money secured thereby, whether the payment is made before or after the execution of the assignment, with the exceptions specified in section two thousand two hundred and eighteen of this act. The discharge shall have the effect therein declared, as prescribed in this section. § 2196. The provisions of section two thousand one hundred and eighty-one of this act apply to the discharge, § 1164, Con. sol. Act. § 1164, Con- and to the petition and other papers upon which it was granted. 2197. If, at the time when the discharge is granted. the petitioner is imprisoned, by virtue of an execution against his person issued, or of an order of arrest made, in an action or special proceeding founded upon a delit, liability, or judgment, as to which he is exempted from arrest or imprisonment, as prescribed in the last section but one, the officer must forthwith release him, on produetion of the discharge, or a certified copy of the record thereof. $2198. A debt, demand, judgment, or decree, against an insolvent, discharged as prescribed in this article, is not affected or impaired by the discharge; but it remains valid and effectual, against all his property, acquired after the execution of the assignment. The lien, acquired by or under a judgment or decree, upon any property of the insolvent, is not affected by the discharge. 2199. A discharge, granted to an insolvent as prescribed in this article, is void, in the same cases, so far as they are applicable, in which a discharge, granted as prescribed in article first of this title, is therein declared to be void; and the validity of such a discharge may be tested in the $2200. A person, imprisoned by virtue of an execution to collect a sum of money, issued in a civil action or special proceeding, may be discharged from the imprisonment, as prescribed in this article. A person who has been admitted to the jail liberties, is deemed to be imprisoned, within the meaning of this article. § 2201. [Am'd 1895, amendment to take effect January 1, 1896.] Application for such a discharge must be made by petition, addressed to the court from which the execution issued; or to the county court of the county in which he is |