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people of the state of Yew-York, represented in e and assembly, do encat as follows:

No person shall be arrested or imprisoned on civil process issuing out of any court of law, or on execution i sung out of any court of equity, in aait or proceeding instituted for the recovery of any Jey due upon any judgment or decree, founded upontract, or due upon any contract, express or imd, or for the recovery of any damages for the nonormance of any contract.

2. The preceding section shall not extend to oy son who shell not hare hean a resident of this state, at least one month previous to the commencement A suit against him; or to proceedings as for conpts to enforce civil remedies; nor to actions for es or penalties, or on promises to marry, or for mois collected by any public officer, or for any misiduct or neglect in office, or in any professional emyment.

3. Ir all cases where, by the preceding provisions this act, a defendant cannot be arrested or imprised, it shall be lawful for the plaintiff who shall have mmenced a suit against such defendant, or shall ve obtained a judgment or decree against him, in a court of record, to apply to any judge of the court which such suit is brought, or to any officer authored to perform the duties of such judge, for a warrant arrest the defendant in such suit.

§ 4. No such warrant shall issu, unless satisfactory idence be adduced to such officer, by the affidavit of e plaintiff, or of some other person or persons, that ere is a debt or demand due to the plaintiff, from e deiendan!, amounting to more than fifty dollars, ad specifying the nature and amount thereof, as near may be, for which the defendant, according to the rovisions of this act, cannot be arrested or imprisond; and establishing one or more of the following par culars:

1 That the defendant is about to remove any of his roperty out of the jurisdiction of the court in which uch suit is brought, with intent to defraud his crediors: or,

2. That the defendant has property or rights in acion, which he fraudulently conceals, or that he has ights in action, or 3 me interest in any public or cor orate stock, money or evidences of debt, which he injustly refuses to apply to the payment of any judgment or decree which shall have been rendered against him, belonging to the complainant: or,

3. That he has assigned, removed or disposed of, or is about to dispose of, any of his property, with the intent to defraud his creditors: or,

4. That the defendant fraudulently contracted the debt or incurred the obligation, respecting which such suit is brought.

$5. Upon such prof being made to the satisfaction of the officer to whom the application shall be addressed, he shall issue a warrant, in behalf of the people of this state, either with or without seal, directed to any sheriff, constable or marshal, within the county where such officer s reside, therein briefly setting forth the cotopla, and commanding the officer to whom the same shall be directed, to arrest the person named in such warrant, and bring him before such officer without delay; which warrant shall be accompanied by a copy of all affidavits presented to such officer, upon which the warrant issued; which shall be certified by such officer, and shall be delivered to the defendant, at the time of serving the warrant, by the officer serving the same.

§ 6. The officer to whom such warrant shall be delivered, shall execute the same, by arresting the person named therein, and bringing him before the officer isning such warrant: and shall keep him in custody until he st all be duly discharged, or committed as here inafter provided.

§7. On the appearance of the person so arrested, before the officer issuing such warrant, he may controvert any of the facts and circumstances on which such warrant issued, and may, at his option, verify his allegations by his own affidavit; and in case of his so verifying the same, the complainant may xamine such defendant on oath, touching any fact or circumstance material to the inquiry, and the answers of the defendant on suchxamination, shall be reduced to writing

subscribed by him: and the officer conducting inquiry. shall als receive such other proof as the

be adjourned to; and in case of an adjournin officer way cake a recognizance, with or wit ty, at his discretion, from the defendant, f pearance at the adjourned hearing.

§8. The officer conducting such, inquiry, the same authority to issue subpoenas for which is now conferred by law on any office ered to hear applications of insolvents, for th of exonerating their persons from imprisonn shall have the same power to enforce obedien subpoenas, and to punish witnesses refusing and witnesses wilfully disobeying any such shall be liable to the penalties prescribed venth article of title first and chapter fifth cond part of the revised statutes.

§ 9. If such officer is satisfied that the alle the complainant are substantiated, and th fendant has done, or is abont to do, any one o specified in the fourth section of this act, he a commitment under his hand, direct that suc ant be committed to the jail of the county such hearing shall be had, to be there detaine shall be discharged according to law; and fendant shall be committed and detained acc § 10. Such commitment shall not be grant defendant shall either

1. Pay the debt of demand claimed, with of the suit and of the proceedings against him 2. Give security, to the satisfaction of ti before whom the hearing shall be had, that or demand of the plaintiff, with the costs of and proceedings aforesaid, shall be paid wit days, with interest: or,

3. Make and deliver to such officer an inv his estate and an account of his creditors, and an assignment of his property as herein after on which the same proceedings shall be had petition of such defendant in the manner he directed, except that no notice to the plainti requisite; and no adjournment shall be gr more than three days, except at the instance fendant; and a discharge shall be granted in case, and with the same effect: or,

4. Enter into a boud to the complainant, in not less than twice the amount of the debt or claimed, with such sureties as shall be appr such officer, conditioned that such defend within thirty days, apply for an assignment property, and for a discharge, as provided in sequent sections of this aet, and diligently p The same until he obtains such discharge: or,

5. If such defendant shall give a bond to su tiff, in the penalty and with the sureties ab scribed, conditioned that he will not renove perty which he then has, out of the jurisdicti court in which such suit is brought, with the defraud any of his creditors; and that he will sign or dispose of any such property, with suc or with a view to give a preference to and cre any debt, antecedent to such assignment or tion, until the demand of the plaintiff, with th shall be satisfied, or until the expiration months after a final judgment shall be rendere suit brought for the recovery of such demand. § 11. Any defendant committed as above shall remain in custody in the same manner prisoners on criminal process, until a final ju shall have been rendered in his favor, in the sui cuted by the creditor at whose instance such ant shall have been committed, or until he sh assigned his property and obtained his disch provided in the subsequent sections of this such defendant may be discharged by the offic mitting him, or any other person authorised charge the duties of such officer, on such de paying the debt or demand claimed, or giving for the payment thereof, as provided in the ter tion of this act, or on his executing either of th mentioned in the said section.

$12. Any person committed as above provided shall have given the bond specified in the fourt vision of the tenth section of this act, or agains any suit shall have been commenced in a cour cord, in which such person, by the provisions act, can not be arrested or imprisoned, may pr petition to a justice of the supreme court, a judge, any judge a county court, or any s

missioner in the county in which such defendant resides or is imprisoned, praying that his property may be assigned, and that he may have the benefit of the provisions of this act.


months after this act shall take effect as a law, the creditor at whose suit such person shall be oned, shall, within the time aforesaid, make tion and complaint to somadge of the court in § 13. On presenting such petition, such defendant perform the duties of such judge, as specified such suit was brought, or to some officer author shall deliver an account of his creditors, and an inven- third and fourth sections of this act, and upon su tory of his estate, similar in all respects to the account|plication being made, if a warrant is not issued a and inventory required of a debtor, by the sixth article in provided, such imprisoned person shall be e of title first and chapter five of the second part of the revised statutes; and shail annex to the said petition, rant be granted, the same proceedings shali to be discharged from imprisonment; and if suc account and inventory, an affidavit, which shall be taken and subscribed by him, before the officer to whom thereon, as herein before provided; and the re such petition is presented, similar in all respects 10 of the defendant from any jail in which he may the oath required by the fifth section of the sixth article of the aforesaid title and chapter. prisoned by any warrant in such proceedings, sh be deemed anscape.

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§ 14. Fourteen days' previous notice of the time and place at which, and of the officer to whom such petition will be presented, together with a such petition, and the account and inventory annexed, shall be served personally on the plaintiffs by whom such defendant shall be prosecuted, their per sonal representatives or their attorney; and proof of such service shall be made at the time of presenting such petition.

§ 15. Any creditor of such petitioner may oppose such application, and may examine the petitioner, his wife or any other witness, in the manner prescribed in the third article of the aforesaid first title and fifth chapter, and shall be entitled to the like process to compel their attendance and testimony; and such witnesses shall, in all respects, be subject to the provisions of the seventh article of the said title, for their neglect to obey subpoenas, or to testify.

16 Upon sufficient cause shown by the petitioner, or by any creditor, the officer to whom such petition is addressed, may adjourn the hearing thereof, not exceeding thirty days; and if, at any hearing of such petition, the opposing creditor shall fail to satisfy such officer that the proceedings on the part of the petitioner are not just and fair, or that he has concealed,r emoved or disposed of, any of his property, with intent to

fraud his creditor; such officer shall order an ent of all the property of such petitioner, in manner as provided in the fifth article of the firstle of the fifth chapter of the second part of the d statutes, except such as is therem exempt; assignment shall be executed with the like effect glared in the said article, and shall be recorded in


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§17. Such officer shall appoint one or more assig ee to whom such petitioner shall assign all his este; and upon producing to such officer, evidence that uch assignment has been recorded, and a certificate signees, that all the property of such petitioned in his inventory, has been delivered to That he has given satisfactory security for the sture livery of the same, such officer shall grant to he petitioner a discharge, which shall exonerate him From being proceeded against by any creditor entitled a dividend of the estate of such petitioner, as herein er provided, under the third, fourth, fifth, sixth, seth, eighth and ninth sections of this act, for any ud committed or intended before such discharge. 1 The assignees to whom such assignment shall made shall be vestel with all the rights and pow property so assigned, which are specified the eighth article of the first title of chapter five of second part of the revised statutes, and shall be ject to the same duties, obligations and control, in Tespects, and shall make dividends; and vacancies eir number, shall be supplied as therer directed. 19. The g neral provisions applicable to proceedunder the several articles of the said first title, and uch are contained in the seventh article of the said shall be deemed to apply to the proceedings herected, so far as the same are not inconsistent e provisions of this act; and the officers and ees performing any duties under this act, shall titled for their services, to the same fees and pensation as are provided by law, for similar sers under the fifth article of the aforesaid title of 3e, and as are provided by law for services


ery person imprisoned on civil process, at this act taking effect as a law, in any case the preceding provisions of this act, such could not be arrested or imprisoned, shall be itled to be discharged at the expiration of three

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ding section specified, may give a notice to the
§ 21. Every person imprisoned, as in the last p
rs at whose suit he is imprisoned, and present
tition and inventory, as specified in the twellin
Ings shall be had thereon ae herein before prov
thirteenth sections of this ac'; and the same pro
rected, shall entitle such petitioner to be discha
and a discharge granted on such petition as there
from his imprisonment.

§ 22 Whenever any complaint shall be made u the third, fourth and fifth sections of this act, and same shall be dismissed, the party making the shall be liable for all fees to officers, and for all c and expenses which the defendant shall have in red.

§ 23. Whenever in this act, the removal, conc ment or disposal of any property is declared to be ground of any complaint or proceeding, and where ply to any property which shall be expressly exen bond is required in reference to such concealment, moval or disposal, the same shali not be deemed to ed by statute from levy and sale under execution.

§ 24 Whenever a bond, given under the tenth s tion of this act, shall become forfeited by the non-p formance of the condition thereof, the plaintiff sha! entitled to recover thereon the amount due to him, the judgment obtained in the original suit instituted gainst the defendant giving such bond.

§ 25. The foregoing provisions of this act shall n extend to suits or proceedings before justices' court for the recovery of any debt or demand of fifty dolla or less

§ 26. Any person who shall remove any of his pr perty out of any county, with intent to prevent th same from being levied upon by any execution, or wh shall secrete, assign, convey, or otherwise dispose any of his property, with intent to defraud any cred tor, or to prevent such property being made liable fo the payment of his debts, and any person who shall re ceive such property with such intent, shall, on con viction, be deemed guilty of a misdemeanor; and where the property so removed, secreted, concealed assigned, conveyed, received or otherwise disposed of shall be worth fifty dollars or less, such offence may he tried by a court of special sessions of the peace in the manner directed in the third title of chapter second of the fourth part of the revised statutes, and in such case, the punishment for such offence shall be limited as prescribed in the said title

§ 27. Whenever any person shall have been convicted of a misdemeanor under the last preceding section of this act, the same proceedings may be had for the appointment of trustees to take charge of the estate of such person as are authorised by the second article of the first ti'le of chapter five of the second part of the revised statutes; and the trustees so appointed shall possess all the powers, rights and authority, be entitled to the same compensation and be subject to the same duties, obligations and control, in all respects, as trustees appointed under the said second article: and in addition thereto, if such trustees suspect that the person so convicted has concealed about his person or otherwise, money or evidences of debt, upon making nath of the same before any judge of a county court, and on such judge being satisfied that such suspicions are well founded, he may issue a warrant authorising and commanding any sheriff or constable to search the person of such defendant, and any place occupi him, or any trunk or other article owned or by him, for such money or evidences, and what shall be so discovered to such truste

§ 28. When it shall appear to any offices to entertain any proceedings under this ac misdemeanor or perjury has been coming

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