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way involves the merits, or necessarily affects the final order.

$ 2145. The filing of the enrollment in the office of the clerk where the final order is entered, as prescribed in the last section, is a sufficient authority for any pro eeding, by or before the body which, or the officer wh), m de the determination reviewed, which the final order of the court directs or permits. But where the execution of the final order is stayed by an appeal to the Court of appeals, the proceedings below are stayed in like manner.

$ 2146. The expression, “body or officer”, as usel in this article, includes every court, tribunal, board, corporition, or other person, or aggregation of persons, whost determination ray be reviewed by a writ of certiorari, and the word, “determination ", as used in this article, includes every judgment, order, decision, adjudication, or other ac! of such a body or officer, which is subject to be so reviewed,

$ 21417. Where the right to a writ of certiorari is espressly conferreil, or the issuing thereof is expressly author. ized, by a sta ut passed before, and remaining in force afier, this ariile takos elect, this article does not vary, or affect in any manner, any provision of the former statute, which expressly prescribes a different regulation, with respect to any of the proceedings upon the certiorari to be issued thereunder,

$ 2148. This article is not applicable to a writ of certiorari, brought to review a determination made in any criminal maiter, except a criminal contempt of court.

CHAPTER XVII.

CERTAIN SPECIAL PROCEEDINGS INSTITUTED

WITHOUT WRIT.

TITLE

TITLE

TITLE

TITLE
TITLE

I.-PROCEEDINGS RELATING TO INSOLVENT

DEBTORS AND TO PRISONERS.
11.-SUMMARY PROCEEDINGS TO RECOVER THE

POSSESSION OF REAL PROPERTY.
III.-PROCEEDINGS TO PUNISH A CONTEMPT OF

COURT, OTTIER THAN A CRIMINAL CON

TEMPT.
IV.- PROCEEDINGS TO COLLECT A FINE.
V.-PROCEEDINGS TO DISCOVER THE DEATH

OF A TENANT FOR LIFE.
VI.-PROCEEDINGS FOR THE APPOINTMENT OF

A COMMITTEE OF THE PERSON AND
OF THE PROPERTY OF A LUNATIC
IDIOT, OR HABITUAL DAXKARD
GENERAL POWERS AND : UTIES OF
Up (OMMITTEE

TITLE

TITLE VII.-PROCEEDINGS FOR THE DISPOSITION OF

THE REAL PROPERTY OF AN INFANT,
LUNATIC, IDIOT, OR HABITUAL DRUNK

ARD.
TITLE VIII.- ARBITRATIONS.
TITLE IX.-PROCEEDINGS TO FORECLOSE A MORTGAGE

BY ADVERTISEMENT. TITLE X.-PROCEEDINGS TO CHANGE THE NAME OF

AS INDIVIDUAL. TITLE XI.-PROCEEDINGS FOR THE VOLUNTARY DIS

SOLUTION OF A CORPORATION. TITLE XII.-PROCEEDINGS SUPPLEMENTARY TO AN

EXECUTION AGAINST PROPERTY.

TITLE I. Proceedings relating to insolvent debtors and to prisoners. ARTICLE 1. Discharge of an insolvent from his debts. 2. Exemption from arrest, or discharge from imprisonment,

of an insolvent debtor
3. Discharge of an imprisoned judgment debtor from imprison

ment.
4. Care of the property of a person confined for crime.

ARTICLE FIRST. DISCHARGE OF AN INSOLVENT FROM HIS DEBTS. $ 2149. Who may be discharged. $ 2169. Id.; to file proofs, if not 2130. To what court application

named in schedule. to be made.

2170. Proceedings if jurors do 211. Contents of petition.

not agree 21.2. Consent of creditors to be 2171. When insolvent required annexel,

to produce his non-resi. 2153. Consent of executor, ad

dent wife. ministrator, receiver, 2172. Examination of insolvent. etc.,

2173. When insolvent cannot be 2151. Id.; of corporation, etc.

discharged. 15). Id ; of partnership.

2174. When assignment to be 2136. Effect of consent where

directed. fetitioner is a joint 2175. Assignment; contents, debtor.

and to whom made. 2157. Consent of purchaser of 2176. Id.; trustees, how desig. debt, etc.

nated 2158. Consenting creditor must -2177. Effect of assignment. relinquish security.

2178. When discharge to be 2154. Penalty if creditor swears

granted. falsely.

2179, 2180 Proceedings where 2100. Afidavit of congenting

trustee refuses to give creditor.

certiticate, etc. 2161. When non-resident credi. 2181. Discharge, etc., to be retor to annex account,

corded. etc.

2182. Effect of discharge. 216.. Petitioner's schedule.

2183. Id.; exception as to foreign 2163. His affidavit.

contracte or creditors. 2161. Order to show cause.

2184. Id.; as to debts, etc. to 2165. How order published and

the United States and served.

the State. 2166. Ilearing

2185. Insolvent to be released 2167. Putting cause on calendar.

from imprisonment. *168. Opposing creditor to file 2186. Discharge, when void.

specifications, and may 2187. Invalidity may be proved demand jury trial.

motion to vacate order of arrest, etc.

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sol. Act.

$ 2149. An insolvent debtor, who is a resident of he $ 1164, Coneol. Act. State at the time of presenting his petition, may be dis121 N. Y.241. charged from his debts, as prescribed in this article. $ 1164, Con- $ 2150. [ Am'd 1895, amendment to take effect January 1,

1896.) Application for such a discharge must be made, by 11 Misc. 610. the petition of the insolvent, aduressed to the connty, court

of the county in which he resides; or, if he resides in the city of New York, to the supreme court.

$2151. The petition must be in writing; it must be signed by the insolvent, and specify his residence; 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 dis charged from his debts; and it must pray that, upon his so doing, he may be discharged accordingly. It must be reri fied by the affidavit of the insolvent, annexed therio taken on the day of the presentation thereof, to the effect, that the petition is in all respects true, in matter of fact.

$ 2152. The petitioner must annex to his petition one or more written instruments, executed by one or more of his creditors, residing in the United States, having debts owing to him or them in good faith, then due or thereafter to become due, which amount to not less than two thirds of all the debts, owing by the petitioner to creditors residing within the United States. Each instrument must be to the effect, that the person or corporation, executing it, consents to the discharge of the petitioner from his debts, upon his complying with the provisions of this article.

$ 2153. An executor or administrator may become a consenting creditor, under the order of the surrogate's court from which his letters issued. A trustee, official, assignee, or receiver of the property of a creditor of the petitioner, whether created by operation of law or by the act of parties, may become a consenting creditor, under the order of a justice of the supreme court. A person who becomes a consenting creditor, as prescribed in this section, is chargeable only for the sum which he actually receives, as a dividend of the insolvent's property.

& 2154. Where a corporation or joint-stock association becomes a consenting creditor, its consent must be executed under its common seal, and may be attested by any director or other officer thereof, duly authorized for ihat purpose ; who may make any atlidavit, required of a creditor in the proceedings.

$ 2155. Where a partnership becomes a consculing creditor, the consent may be executed in its behalf, and any affidavit, required of a creditor in the proceedings, may be made, by either of the partners.

$ 2156. A creditor's consent does not affect his remedy

against any person or persons indebted jointly with the petitioner; and the petitioner's discharge has the effect, as between the creditor and the other joint debtors, of a composition between the petitioner and the creditor, made as prescribed in article third of title fifth of chapter fifteenth of this act.

$ 2157. Where a consenting creditor is the purchaser or assignee of a debt against a petitioner, or the executor, administrator, trustee, or receiver of such a purchaser or assignee, he is deemed, for all the purposes of this article, except as to the declaration and receipt of dividends, a creditor only to the amount, actually and in good faith paid for the debt, by him, or by the decedent or other person, from whom he derives title, and remaining uncollected. This section is not affected by the recovery of a judgment for the debt, after the purchase or assignment; but in that case the consenting creditor may include the uncollected costs, as if they were part of the sum paid for the debt.

$ 2158. A creditor who has, in his own name, or in trust for him, a mortgage, judgment, or other security, for the payment of a sum of money, which is a lien upon, or otherwise affects, real or personal property belonging to the petitioner, or transferred by him since the lien was created, cannot become a consenting creditor, with respect to the debt so secured, unless he adds to or includes in his consent, a written declaration, under his hand, to the effect, that he relinquishes the mortgage, judgment, or other security, 80 far as it affects that property, to the trustee to be appointed pursuant to the petition, for the benefit of all the creditors. Such a declaration operates, to that extent, as an assignment to the trustee, of the mortgage, judgment, or other security and vests in him accordingly all the right and interest of the consenting creditor therein.

$ 2169. If a creditor knowingly swears, in any proceedings authorized by this article, that the petitioner is, or will become, indebted to him, in a sum of money, which is not really due, or thereafter to become due ; or in more than the true amount ; or that more was paid for a debt, which was purchased or assigned, than the sum, actually and in good faith paid therefor; he forfeits to the trustee, to be recovered in an action, twice the sum, so falsely sworn to.

$ 2160. The consent of a creditor must be accompanied with his affidavit, stating as follows:

1. That the petitioner is justly indebted to him, or will become indebted to him, at a future day specified therein, in a sum therein specified ; and, if he, or the person from whom he derives title, is or was the purchaser or assignee of the debt, he must also specify the sum, actually and in good faith paid for the debt, as prescribed in section two thousand one hundred and fifty-seven of this act.

2. The nature of the demand, and whether it arose upon written security, or otherwise, with the general ground or consideration of the indebtedness.

3. That neither he, nor any person to his use, has re ceived from the petitioner, or from any other person, par ment of a demand, or any part thereof, in money or in any other way, or any gift or reward of any kind, upon an express or implied trust, confidence, or understanding, that he should consent to the discharge of the petitioner.

Where a consenting creditor is an executor, administra tor, trustee, receiver, or assignee, he may state the necessary facts, in his affidavit, upon information and belief, setting forth therein the grounds of his belief; but in that case, the consent must also be accompanied with the attidavit of the insolvent, to the effect, that all the matters of fact stated in the affidavit of the consenting creditor, are true.

§ 2161. (Am’d 1889.) A consenting creditor, residing without the State, and within the United States, must annex to his consent the original accounts, or sworn copies thereof, and the original specialties or other written securities, if any, upon which his demand arose or depends; provided, however, that when such original specialties, or other written securities, are lost, such fact must be stated as a reason for not annexing thereto the consent, and the fact of the loss, and the manner of the loss thereof must be stated in the affidavit of the creditor to the best of his knowledge, or must be otherwise proved by affidavit to the satisfaction of the court; and the court may thereupon, in such case or proceeding by its order, dispense with ihe annexing to such consent of the original specialties or oiher written securities.

$ 2162. The petitioner must annex to his petition a schedule, containing :

1. A full and true account of all his creditors.

2. A statement of the place of residence of each creditor. if it is known ; or, if it is not known, a statement of that fact.

3. A statement of the sum which he owes to each cred. itor, and the nature of each debt or demand, whether arising on written security, on account, or otherwise.

4. A statement of the true cause and consideration of his indebtedness to each creditor, and the place where the in. debtedness accrued.

5. statement of any existing judgment, mortgage, or collateral or other security, for the payment of the debt.

6. full and true inventory of all his property, in law or in equity, of the incumbrances existing thereon, and of all the books, vouchers, and securities, relating thereto.

$ 2163. [Am'ıl 1896, imendiment to tuke effec: May 1, 1896.) An affidavit, in the following form, subscribed aud tuken by the petitioner bifore the county judge, or, in the city of New York, before the judge holding the term of the court, at

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