imprisoned; or if he is imprisoned in the city of New York, to the supreme court. 2202. A person so imprisoned may apply for such a discharge, at any time; unless the sum, or, where he is imprisoned by virtue of two or more executions, the aggregate of the sums, for which he is imprisoned, exceeds five hundred dollars; in which case, he cannot present such a petition, until he has been imprisoned, by virtue of the execution or executions, for at least three months. 2203. The petition must be in writing; it must be signed by the petitioner; and it must state the cause of his impris- 7 Misc. 467. onment, by setting forth a copy, or the substance, of the execution, or, if there are two or more executions, of each of them. The petitioner must annex thereto, and present therewith, a schedule, containing a just and true account of all his property, and of all charges affecting the same; as the property and charges existed at the time when he was first imprisoned, and also as they exist at the time when the petition is prepared; together with a just and true account of all deeds, securities, books, vouchers, and papers,relating to the property, and to the charges thereupon. 2204. An affidavit, in the following form, subscribed 114 N. Y. 23 and taken by the petitioner, on the day of the presentation of the petition, must be annexed to the petition and schedule: I. -, do swear" (or "affirm," as the case may be,) "that the matters of fact, stated in the petition and schedule hereto annexed, are, in all respects, just and true; and 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 provision 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, with intent to injure or defraud any of my cred itors." 2205. At least fourteen days before the petition is presented, the petitioner must serve, upon the creditors in each execution, by virtue of which he is imprisoned, a copy of the petition, and of the schedule; together with a written notice of the time when, and place where, they will be presented. If, by reason of changes occurring after the service, it is necessary, before presenting the petition and schedule, to corr et any statement contained in the schedule, the correction may be made by a supplemental schedule, a copy of which n ed not be served, unless the court so directs. § 2206. The papers, specified in the last section, may be served, either upon the creditor or h's representative, or upon the attorney whose name is subscribed to the execution; and, in either case, in the manner prescribed in this act for the service of a paper upon an attorney, in an action ¡ Misc. 467. in the supreme court. Where it is made to appear, by affidavit, to the satisfaction of the court, that service cannot, with due diligence, be so made within the State, upon either, the court may make an order, prescribing the mode of service, or directing the publication of a notice in lieu of service, in such a manner and for such a length of time, as it thinks proper; and thereupon, it may direct an adjournment of the hearing to such a time as it thinks proper. 2207. Where the State is a creditor, the papers must be served upon the Attorney-General, who must represent the State in the proceedings. § 2208. Upon the presentation of the petition, schedule, and affidavit with due proof of service or publication, as prescribed in the last three sections, the court must make an order, directing the petitioner to be brought before it, on a day designated therein; and on that day, or on such other days as it appoints, the court must, in a summary way, hear the allegations and proofs of the parties. If the court is satisfied that the petition and schedule are correct, and that the petitioner's proceedings are just and fair, it must make an order, directing the petitioner to execute, to one or more trustees, designated in the order, an assignment of all his property, not expressly exempt by law from levy and sale by virtue of an execution; or of so much thereof as is sufficient to satisfy the execution or executions, by virtue of which he is imprisoned. § 2209. Upon sufficient cause being shown by a creditor, the court may, from time to time, adjourn the hearing; but not to a day later than three months after the presentation of the petition. § 2210. An objection to a matter of form shall not be received upon an adjourned day; and, unless the opposing creditor satisfies the court that the proceedings on the part of the petitioner are not just and fair, the court must direct an assignment, as prescribed in the last section but one, and must grant a discharge, as prescribed in the following sections of this article. 2211. The assignment must be acknowledged or proved and certified in like manner as a deed to be recorded in the county, and must be recorded in the clerk's office of the county where the petitioner is imprisoned. Where it appears, from the schedule or otherwise, that real property will pass thereby, the assignment must also be recorded as a deed, in the proper office for recording deeds, of each county where the real property is situated. The assignment vests in the trustee or trustees, for the benefit of the judgment creditors in the executions, by virtue of which the petitioner is imprisoned, all the estate, right, title, and interest of the petitioner in and to the property, so directed to be assigned. 2212. Upon the production, by the petitioner, of satis factory evidence that the petitioner has actually delivered to the trustee or trustees all the property so directed to be assigned, which is capable of delivery; or upon the petitioner's giving security, approved by the court, for the future delivery thereof; the court must make an order, discharging the petitioner from imprisonment, by virtue of each execution, specified in his petition. The sheriff, upon being served with a certified copy of the order, must discharge the petitioner as directed therein, without any detention on account of fees. § 2213. Notwithstanding such a discharge, the judg ment creditor in the execution has the same remedies, against the property of the petitioner, for any sum due upon his judgment, which he had before the execution was issued; but the petitioner shall not, except as is otherwise specially prescribed in the next section, be again imprisoned by virtue of an execution upon the same judgment, or arrested in an action thereupon. § 2214. If the petitioner is convicted of perjury, com mitted in any of the proceedings upon his petition, any judgment creditor, by virtue of whose execution he was imprisoned, may issue a new execution against his person. § 2215. The trustee must collect the demands, and sell the other property assigned to him. He must apply the proceeds thereof, after deducting his commissions and expenses allowed by law, as follows: 1. To the payment of the jail fees, upon the imprisonment and discharge of the petitioner. 2. If any surplus remains, to the payment of the creditors, by virtue of whose executions the petitioner was imprisoned, when he presented his petition; or, if there is not enough to pay them in full, to the payment, to each, of & proportionate part of the sum due upon his execution. 3. If any surplus remains, he must pay it over to the petitioner, or his executor or administrator. Personal service upon a creditor, or his attorney, of written notice of the time and place of making a distribution, as prescribed in subdivision second of this section, has the same effect as publishing a notice thereof, in a case prescribed by law. § 2216. Where a person has been imprisoned, by virtue of an execution, for the space of three months after he was entitled, by the provisions of this article, to apply for a discharge; and has neither made such an application, nor applied for his discharge under the provisions of article first of this title; the judgment creditor, by virtue of whose execution he is imprisoned, may serve upon the prisoner a written notice, requiring him to apply for his discharge, according to the provisions of this article. § 2217. If the prisoner does not, within thirty days after personal service of such a notice, either present a 1165, Consol. Act. petition to the proper court, as prescribed in article first of this title, or serve, upon the creditor giving the notice, a copy of a petition and schedule, with a notice of his intention to apply for his discharge, as prescribed in this article; or if, after such a presentation or service, he does not diligently proceed thereupon to a decision, he shall be forever barred from obtaining his discharge under the provisions of this article, or of article first of this title. § 2218. Neither of the following named persons shall be discharged from imprisonment, under the provisions of this article: 1. A person owing a debt or duty to the United States. 2. A person owing 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 sixtynine of this act or a judgment recovered upon such a cause of action. ARTICLE FOURTH. CARE OF THE PROPERTY OF A PERSON CONFINED FOR § 2219. When and to what court § 2226. application to be made. 2220. Who may apply. 2221. Creditor must relinquish 2227. Effect of order appointing trustee. Removal of trustee; ap pointment of new trustee. £228. Prisoner's property; how applied. pre 2229. Id. 2224. Proceedings upon presen- 2225. Id.; on return of order to show cause. to be delivered to him on his discharge. 2230. Application of this article to persons heretofore sentenced. § 2219. [Am'd 1895, amendment to take effect January 1, 1896.] Where a person is imprisoned in a State prison, for a term less than for life; or in a penitentiary or county jail, for a criminal offense, for a longer term than one year; one or more trustees, to take charge of his property, may be appointed, as prescribed in this article, by the county court of the county, or the supreme court in the judicial district, where he resided at the time of his imprisonment, or if he was not then a resident of the State, where he is imprisoned. § 2220. A petition for such an appointment may presented by either of the following persons: 1. A creditor of the prisoner. 2. The prisoner's husband, wife, or child. 3. One or more of his next of kin, or, where he owns real property, of his heirs presumptive. 4. A relative whom he is bound to support. 5. Any relative or other person, in behalf of his infant child or children. § 2221. A creditor of the prisoner, who has a judg §§ 2222-2225 CONVICT'S PROPERTY. 169 ment, mortgage, or other security, specified in section two thousand one hundred and fifty-eight of this act, cannot apply for such an appointment with respect to the debt so secured, unless he appends to or includes in his petition, the declaration, required by that section from a consenting creditor; which declaration has the same effect as the declaration of a consenting creditor, as therein specified. § 2222. The petition must be in writing, and verified by the affidavit of the petitioner, to the effect, that the matters of fact therein stated are true, to the best of the petitioner's knowledge and belief. It must set forth the facts, showing that the applicant is entitled to make the application, and that the application is made to the proper court; the name and residence of each person, who is entitled to make such an application, as prescribed in the last section but one, except the fifth subdivision thereof; and a brief description of the property, real and personal, of the prisoner, and the value thereof. If the applicant is a creditor, and not a resident of the State, he must annex to his petition, the papers specified in section two thousand one hundred and sixty-one of this act. If any of the facts, herein required to be set forth, cannot be ascertained by the petitioner, after the exercise of due diligence, that fact must be stated; and the court may, in its discretion, issue a subpoena, requiring any person to attend and testify, respecting any matter, which, in its opinion, ought to be more fully and certainly set forth. 2223. The petition must be accompanied with a copy of the sentence of conviction of the prisoner, duly certified by the clerk of the court by which he was sentenced, under the seal thereof; together with an affidavit of the applicant. stating that the person so convicted is actually imprisoned thereunder. 2224. Upon the presentation of the papers, the court may, in its discretion, make an order, either appointing one or more fit persons trustees of the property of the prisoner ; or requiring all creditors of the prisoner, and all persons inerested in his estate, to show cause, at a time and plac. specified therein, why such an appointment should not be made. In the latter case, the order must direct the manner of service thereof, by publication or otherwise. 2225. Upon the return of an order to show cause, made as prescribed in the last section, proof of the service thereof, as required thereby, must first be made; whereapon the court must hear the allegations and proofs of the creditors, and other persons interested in the estate, who appear. Where the prisoner is indebted to any person, the court must appoint one or more trustees, unless the persons interested in the prisoner's property pay the debt, or give such security, as the court prescribes, for the payment thereof, either absolutely, or contingently upon a recovery in an action; in which case, or where the prisoner is not |