Examination of before whom the proceedings shall be had shall think reasonable, then they shall be discharged, and such officer shall decide upon the merits of the case as if no jury had been called. (5422.) SEC. 16. At the hearing of such petition before a bearing. jury or otherwise, the insolvent may be examined on oath at the instance of any creditor, touching his estate or debts, or any matter stated in his schedule, and may be required to state any changes that have occurred in the situation of his property, since the making of such schedule, and particularly whether he has collected any debts or made any transfer of his real or personal estate; but nothing contained in this section shall prevent any creditor from contradicting or impeaching by other competent testimony, any evidence given by such insolvent. Certain payments to be made or security given. preferred credit ors, not entitled to discharge. 7 Wend., 240. (5423.) SEC. 17. If it shall appear on such examination or otherwise, by competent proof, that such insolvent has collected any debts or demands, or made any transfer, absolute, conditional, or otherwise, of any part of his real or personal estate, since the making of the schedule annexed to his petition, he shall be required to pay forthwith to the officer before whom the hearing shall be had, the full amount of all debts and demands so by him collected or received, and the full value of all the property so by him transferred, except such parts of the said property as shall appear to have been necessarily expended by such insolvent for the support of himself or his family, and no discharge shall be granted him under the provisions of this chapter, until such payment be made, or security satisfactory to the officer be given, that such payment shall be made within thirty days thereafter, to the assignees of such insolvent. Insolvent having (5424.) SEC. 18. If it shall appear on such hearing, on the examination of the insolvent or otherwise, that in contemplation of his becoming insolvent, or of his petitioning for a discharge under the provisions of this chapter, or knowing of his insolvency, such insolvent has made any assignment, sale or transfer, either absolute or conditional, of any of his estate, real or personal, or of any interest therein, or has confessed any judgment or given any security, with a view to give a preference for an antecedent debt to any creditor, he shall not be entitled to a discharge under this chapter. When assign (5425.) SEC. 19. If it shall satisfactorily appear to the officer ment to be or- before whom such application is pending, in cases where no excepted. jury has been required, or the jury have disagreed, that the dered, articles insolvent is justly and truly indebted to the petitioning creditors 13 J. B., 385. in the sums by them respectively mentioned in their affidavits, that such sums amount in the aggregate to two-thirds of all the debts that were owing by such insolvent at the time of presenting his petition, to creditors residing within the United States; that such insolvent has honestly and fairly given a true account of his estate, and has in all things conformed to the matters required of him in this chapter; the officer before whom the application shall be pending shall direct an assignment of all such insolvent's estate, both in law and equity, in possession, reversion, or remainder, excepting from the articles mentioned in his inventory such as are exempt by law from sale under execution. conclusiva. (5426.) SEC. 20. When any of the matters in the last section Finding of a Jury required to be established previous to granting an order of assignment, shall have been submitted to a jury as herein provided, and shall have been found in favor of the insolvent, such finding shall be conclusive as to such matters, upon the officer before whom such proceedings are pending, and the officer shall direct an assignment accordingly. whom to be (5427.) SEc. 21. Such assignment shall be made to the per- Assignment to son or persons who shall have been nominated as assignee or made. assignees, by such of the petitioning creditors as shall have owing to them a major part of the debts, constituting the twothirds as herein required, and in case no assignee or assignees shall be nominated by such petitioning creditors, the assignment shall be made to such person or persons as such officer shall direct. ment. (5428.) SEC. 22. Such assignment shall vest in the assignees Effect of assignall the interest of such insolvent at the time of executing the same, in any estate or property, real or personal, whether such interest be legal or equitable; and in case of any contingent interest existing at the time of said assignment, becoming vested at any time thereafter, it shall pass to the assignees in the same manner as it would have vested in such insolvent if no assignment had been made by him. ce to be (5429.) SEC. 23. Upon such insolvent producing a certificate Upon producing under the hands of the assignees, executed in the presence of charge ertificate, disgranted. such officer, or of two witnesses, and proved by the affidavit of one of them, stating that such insolvent has assigned and delivered to them for the use of his creditors, all his estate so directed to be assigned, and all the books, vouchers and secu Effect of dis charge on tain debts. 2 Wend, 457. 3 Paige, 338. cer rities relating to the same, and upon his also producing a certificate of the Register of Deeds of the County, that such assignment has been duly recorded in his office, the officer who directed such assignment, shall grant to such insolvent a discharge from his debts, and from imprisonment, which shall have the effect declared in the succeeding sections of this chapter. (5430.) SEC. 24. No proceeding to be had under the provisions of this chapter, shall discharge any insolvent from any 12 do. 102. debt or demand contracted previous to the first day of September, in the year one thousand eight hundred and thirty-eight, unless the creditor having such demand shall unite in the petition for such discharge, or unless the creditor shall accept a dividend from the insolvent estate. Effect as to certain contracts. Notice of discharge in bar of action. Discharge to exOnerate Insolvent from arrest. (5431.) SEC. 25. A discharge granted under the provisions of this chapter, shall discharge and exonerate such insolvent from all debts due at the time of the assignment, or contracted for before that time, though payable afterwards, founded upon contracts made after the thirty-first day of August, in the year one thousand eight hundred and thirty-eight, within this State, or to be executed in this State, and from all debts whatever, owing to any person who united in the petition for such discharge, or who shall have acccepted a dividend from the estate of such insolvent; and from all liabilities incurred by such insolvent, by making or endorsing any promissory note or bill of exchange, after the day last mentioned, and before the execution of his assignment, or incurred by him in consequence of the payment, by any party to such note or bill, of the whole or any part of the money secured thereby, whether such payment be made prior or subsequent to the execution of the assignment by such insolvent. (5432.) SEC. 26. In any action which shall be brought against such insolvent, upon any debt, demand or liability, from which such insolvent shall have been discharged according to the foregoing provisions, such insolvent may plead the general issue, and give notice of such discharge in bar thereof. (5433.) SEC. 27. Every such discharge shall exonerate the insolvent to whom it is granted, from any arrest or imprisonment thereafter, in any suit or in any proceeding, founded upon any such debt, demand or liability from which such insolvent shall have been discharged according to the foregoing provisions. liberated if im (5434.) SEC. 28. If such insolvent be in prison in any suit or Insolvent to be proceeding founded upon any contract or liability, in which he prisoned. is exempted from imprisonment, according to the provisions of the last section, he shall be discharged therefrom upon producing the discharge granted pursuant to the provisions of this chapter. (5435.) SEc. 29. Every discharge granted to an under this chapter, shall be void in each of the cases: to be void. insolvent When discharge following 1 Wend., 156. 1. If such insolvent shall have willfully sworn falsely, in his affidavit annexed to his petition, or upon his examination, in relation to any material.fact concerning his estate or his debts, or any other material fact; 2. If, after the presentation of his petition, he shall sell, or in any way transfer or assign any of his property, or collect any debt due him, and shall not give a just and true account. thereof on the hearing of his application; and shall not also pay or secure the payment of the money so collected, or the value of the property so assigned, as hereinbefore directed; 3. If he shall secrete any part of his estate, or any book or writings relative thereto, with intent to defrand his creditors; 4. If he shall fraudulently conceal the name of any of his creditors, or the amount of any sum due to them; 5. If, in order to obtain his discharge, he shall procure any person to become a petitioning creditor for any sum not due. from him to such person in good faith; 6. If he shall pay, or consent to the payment of any portion of the debt or demand of any of his creditors, or shall grant or consent to the granting of any gift or reward to any such creditor, upon any express or implied contract or trust, that the creditor so paid or rewarded shall become a petitioner in behalf of such insolvent, or that he should abstain or desist from opposing the discharge of such insolvent; or: 7. If he shall be guilty of any fraud whatever, contrary to the true intent of this chapter. 3 do. 341 may be adminis (5436.) SEC. 31. The oath of any petitioning creditor By whom oath residing out of this State may be administered by any Judge tered. of a Court of Record, in the State or Territory where such creditor resides. (a) (a) Added by Act 58, of 1848; Laws of 1848, p. 54. There was no Section 30 to this Chapter. R. S of N. Y., Petition of Insol Schedule and affidavit. Chapter One Hundred and Forty-Three of Revised Statutes of 1816 (5437.) SECTION 1. Every insolvent debtor may present a petition to any of the officers mentioned in the sixth section of the last preceding chapter, praying that his estate may be assigned for the benefit of all his creditors, and that his person may thereafter be exempted from arrest or imprisonment, by reason of any debts arising upon contracts previously made, or of any judgments existing against him in civil cases, and if in prison, that he may be discharged from his imprisonment. (5438.) SEC. 2. On presenting such petition, the insolvent shall deliver therewith a schedule containing an account of his creditors, and an inventory of his estate, similar in all respects to the account and inventory required by the last preceding chapter; and shall annex to the said petition and schedule an affidavit, which shall be taken and subscribed by him, before the officer to whom such petition is presented; and shall be certified by such officer, in the form following: "I do swear (or affirm, as the case may be), that the account of my creditors, with the places of their residence, |