committed; or until he shall have assigned his property and obtained his discharge, agreeably to the provisions either of the one hundred and forty-second, or of the one hundred and Chapter 167. forty-third chapter of these Revised Statutes; but such defen- Chapter 168. dant may be discharged by the officer committing him, or any other person authorized to discharge the duties of such officer, on such defendant paying the debt or demand claimed, or giving security for the payment thereof, as provided in the tenth section of this chapter, or on his executing the bond. mentioned in the third subdivision of said section. ted may petition his property. (5398.) SEC. 12. Any person committed as above provided, Person commitor who shall have given a bond, as specified in the third sub-fr assignment of division of the tenth section of this chapter, or against whom 3 l, 109. any suit shall have been commenced in a Court of Record or Justice's Court, in which such person, by the provisions of this chapter, cannot be arrested or imprisoned, may petition for an assignment of his property, and for a discharge, agreeably to the provisions either of the said one hundred and fortysecond, or of the said one hundred and forty-third chapter of these Revised Statues; and the same proceedings shall be had thereon as is provided by said chapters respectively, and with the like effect. (5399.) SEC. 13. The fees and compensation of all officers Fees of officers. and witnesses, performing services under the provisions of this chapter, shall be the same as are or may be provided by law in criminal cases. ant liable 10 Wend., 607. for from Execution. (5400.) SEC. 14. Whenever any complaint shall be made when complainagainst any defendant under the provisions of this chapter, costs, etc. and such complaint shall be dismissed, the complainant shall be liable for all fees to officers and witnesses; and for all legal costs and expenses which the defendant shall have incurred. (5401.) SEC. 15. Whenever, in this chapter, the removal, Property exempt concealment or disposal of any property, is declared to be the ground of any complaint or proceeding, it shall not be deemed to apply to any property which shall be expressly exempted by law from levy and sale under execution. (5402.) SEC. 16. Whenever a bond, given under the tenth Recovery on section of this chapter, shall become forfeited by the nonperformance of the condition thereof, the plaintiff shall be entitled to recover thereon the amount due to him on the judgment obtained in the original suit instituted against the defendant giving such bond. Bond. Removing or secreting property, meanor. (5403.) SEC. 17. Any person who shall remove any of his etc., a misde property out of any county, with intent to prevent the same 16 Wend., 546. from being levied upon by an execution, or who shall secrete, assign, convey, or otherwise dispose of any of his property, with intent to defraud any creditor, or to prevent such property from being made liable for the payment of his debts, and any person who shall receive such property with such intent, shall, on conviction thereof, be deemed guilty of a misdemeanor. when misde jury committed. Proceedings (5404.) SEC. 18. When it shall appear to any officer meanor or per-authorized to entertain any proceedings under this chapter, that any misdemeanor or perjury has been committed by any party or witness, it shall be his duty to take the measures prescribed by law, to cause the offender to appear at the proper Court having jurisdiction of the offence, to answer for the same. In case of a bill in Equity. Person entitled to be discharged beas Corpus, etc. (5405.) SEC. 19. No person shall be excused from answering any bill in equity, seeking a discovery in relation to any fraud prohibited by this chapter, or from answering as a witness in relation to any such fraud, but no such answer shall be used in evidence in any other suit or prosecution. (5406.) SEC. 20. Any person imprisoned on any process, may bring Ha- who shall be entitled to be discharged under the provisions 9 Wend., 463. of this chapter, may bring a writ of habeas corpus or certiorari for that purpose, in the manner provided by law. OF THE RELIEF OF INSOLVENT DEBTORS, ON THE APPLICATION OF AN INSOLVENT AND HIS CREDITORS. SECTION 5407. Discharge of Insolvent Debtor. 5408. Petition by whom to be signed. 5409. Executors, etc., may become petitioning 5410. Affidavits of petitioning creditors: 5411. Schedule to be delivered by Insolvent SECTION 5412. To whom petition may be presented. 5414. Order to show cause. 5415. Notice of order. 5416. Hearing; Proof of service of notice. R. S. of N Y. solvent Debtor. (5407.) SECTION 1. Every insolvent debtor may be discharged Discharge of Infrom his debts, as hereinafter provided, upon executing an assignment of all his estate for the benefit of his creditors, and upon the provisions of this chapter being complied with. (5408.) SEC. 2. The petition for that purpose shall be Petition by whom signed by him, and by so many of his creditors residing within 2 Paige, 602. the United States, as have debts in good faith owing to them by such debtor, then due or thereafter to become due, and amounting to at least two thirds of all the debts owing by him to creditors residing within the United States. to be signed. 3 do. 338. may become pe. ors. (5409.) SEC. 3. Executors and Administrators may become Executors, etc., petitioning creditors, for the discharge of an insolvent, under titioning creditthe order of the Judge of Probate to whom they may be liable to account, or a Judge of the Supreme Court, and shall be chargeable only for such sum as they shall actually receive on the dividend of the insolvent estate. titioning credit (5410.) SEC. 4. Every such petition shall be accompanied by Amdavits of pethe affidavit of each petitioning creditor, to be taken before ors. any officer authorized to administer oaths; which affidavit shall state that the sum specified therein, and annexed to the name of the petitioner subscribed to such petition, is justly due him, or will become due to him at some future time to be specified therein, and shall state the nature of the demand, and whether arising on any written security or otherwise, with the general ground and consideration of such indebtedness; and that neither he, nor any person to his use, hath received from such insolvent, or any other person, payment of any demand or any part thereof, in money or in any other way whatever, or any gift or reward whatever, upon any express or implied trust or confidence that he should become a petitioner for such insolvent. Schedule to be delivered by In (5411.) SEC. 5. Every such insolvent shall annex to and solvent with his deliver with his petition, to the officer to whom it shall be petition. i Wend., 156. To whom petition may be presented. Affidavit of Insolvent to be an presented: 1. A full and true account of all his creditors; 2. The place of residence of each creditor, if known to such insolvent; and if not known, the fact to be so stated; 3. The sum owing to each creditor, and the nature of each debt or demand, whether arising on written security, on account, or otherwise; 4. The true cause and consideration of such indebtedness in each case, and the place where such indebtedness accrued ; 5. A statement of any existing judgment, mortgage, or collateral or other security, for the payment of any such debt; and: 6. A full and true inventory of all the estate, both real and personal, in law and equity, of such insolvent, of the incumbrances existing thereon, and of all the books, vouchers and securities relating thereto. (5412.) SEC. 6. Every such petition may be presented to one of the Justices of the Supreme Court, or a Circuit Court Commissioner, or to any County Judge. (5413.) SEC. 7. An affidavit shall be annexed to the said nexed to petition. petition, account and inventory, and shall be subscribed, and sworn to by such insolvent before such officer, who shall certify the same; which affidavit shall be in the following form: Order to show cause. "I do solemnly swear (or affirm, as the case may be), that the account of my creditors and the inventory of my estate, which are annexed to my petition, and herewith delivered, are in all respects just and true; and that I have not at any time or in any manner whatever, disposed of or made over any part of my estate for the future benefit of myself or my family, or in order to defraud any of my creditors; and that I have in no instance created or acknowledged a debt for a greater sum than I truly and honestly owed, and that I have not paid, secured to be paid, or in any way compounded with any of my creditors, with a view fraudulently to obtain the prayer of my petition." (5414.) SEC. 8. The officer receiving such petition, schedule and affidavit, shall make an order requiring all the creditors of such insolvent to show cause, if any they have, at a certain. time and place to be specified by him, why an assignment of the insolvent's estate should not be made, and he be discharged from his debts. (5415.) SEC. 9. The officer making such order shall direct Notice of order notice of its contents to be given by personal service, or by mail, to each of the creditors. on Hearing; proof of service of no is tice. 6 Wend., 632. ing by Jury. (5416.) SEC. 10. On the day specified in such order, or any subsequent day that the officer before whom cause required to be shown, may appoint, the said officer shall proceed to hear the proofs and allegations of the parties; and before any other proceedings be had, shall require proof of the service of the notice as herein directed. (5417.) SEC. 11. Every creditor opposing the discharge of Demand of hearan insolvent under this chapter, may, at the time appointed for the first hearing, demand of the officer before whom such hearing shall be had, that the case of such insolvent be heard and determined by a jury; and shall be entitled to an order to that effect, upon filing with such officer a specification in writing, of the grounds of his objection to such discharge. (5418.) SEC. 12. Upon such demand being made, and such Jury how selectspecification filed, a jury of six competent persons shall be ed. selected in the same manner as is provided in cases of forcible entry or detainer, and the officer shall issue a summons, directed to the Sheriff or any constable of the county, commanding him to summon the persons so selected, to appear before such officer, at a time and place to be specified in the summons, not less than six nor more than twelve days from the time of issuing the same. ed and summon. (5419.) SEC. 13. At the time and place so appointed, the Jury to be sworn. persons so selected and appearing, or in case any of them fail to appear, such others as may be summoned in their places, shall be sworn by such officer, well and truly to hear, try, and determine the validity of the objections so specified. Jury; verdict to (5420.) SEC. 14. Such jury so selected and sworn, shall hear Hearing before the proofs and allegations of the parties, and determine the be recorded. matter submitted to them, and for that purpose shall be kept together by the Sheriff or a Constable, who shall be sworn as is usual in like cases in Courts of Record, until they shall have agreed on their verdict; and such verdict shall be conclusive in the premises, and shall be recorded by the officer in the minutes of the proceedings. Jury cane (5421.) SEC. 15. There shall be but one hearing before a Proceedings if jury in any case under this chapter; and if such jury cannot agree. agree, after being kept together for such time as the officer |