CHAP. V. CHAP. 209. AN ACT further to amend the "Act to abolish imprisonment for debt, and to punish fraudulent debtors," passed April 26, 1831. PASSED May 12, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tion of act to apply in S1. The first section of the act passed May 13, 1845, en- First sectitled "An act further to amend the act to abolish imprison- of 1845 not ment for debt, and to punish fraudulent debtors," passed certain April 26, 1831, shall not apply to the case of a person arrested cases. or imprisoned for either of the frauds specified in either of the first three subdivisions of the fourth section of the "Act to abolish imprisonment for debt, and to punish fraudulent debtors," passed April 26, 1831. CHAP. 366. AN ACT relating to proceedings of insolvents to obtain a discharge from their debts. PASSED November 16, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows: to be creditors of ted States. $1. Whenever an order shall be made by any judge or offi- Notice, how cer under the provisions of the third article of the fifth chapter served on of the first title of the second part of the Revised Statutes, insolvents requiring cause to be shown why an assignment of an insol- in the Univent's estate shall not be made, and he be discharged from his debts, it shall be the duty of the said judge or officer, in addition to the publication of the said notice, as provided in the tenth section of the said article, to direct in all cases where any of the creditors of the said insolvent reside in the United States, and where the place of such residence is known to the said insolvent, the service of notice of such order on each of said creditors in person or by letter, addressed to him by mail at his known and usual place of residence, and if such service shall be personal, it shall be at least twenty days, and if by mail, then forty days before the day fixed for showing cause against such discharge. clause. S2. The said judge shall not proceed to hear the proof and Saving allegations of the parties in the matter, nor shall any proceedings be had on the day appointed to show cause, until proof shall have been given to the satisfaction of the said judge or officer, of the service of the said notice, in the manner required by this act. Provided, however, that nothing herein contain- Proviso. PART II. ed shall be deemed to apply to any proceedings commenced before this act shall take effect. Provisions CHAP. 48. AN ACT to amend the several acts in relation to fraudulent debtors. PASSED February 18, 1848. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. All the provisions of the act entitled "An act in relaextended to tion to fraudulent debtors," passed March 30th, 1838, shall extend to judgments rendered before the justices' courts of the cities of Albany, Troy and Hudson. Albany, Hudson. Applica tion under to whom made. $2. Applications for a warrant, under and in pursuance of act of 1831 the provisions of the act entitled "An act to abolish imprisonment for debt, and to punish fraudulent debtors," passed April 26th, 1831, and the several acts amending the same, may be made to any judge of a court of record in any county in which the judgment on which the complaint is grounded, is docketed, and in which the defendant resides. 26 B., 259. Trustees, receivers, &c., may petitioning creditors. CHAP. 210. AN ACT to enable trustees, receivers, and assignees to become petitioning creditors under article third, title first, chapter fifth, part second, of the Revised Statutes. PASSED April 8, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. Trustees, receivers, and assignees of the estate of any creditor of an insolvent, whether created by operation of law become or by the act of parties, may become petitioning creditors for the discharge of an insolvent under the third article, title one, chapter five and part second of the Revised Statutes under the order of a justice of the supreme court; and shall be chargeable only for such sum as they shall actually receive on the dividend of the insolvent estate. Affidavit to be made by them. S2. Such trustees, receivers, or assignees shall make and annex to their petition the affidavit which is required to be made by other petitioning creditors by the fourth section of the said third article, except that they may state in such affidavit the nature of the demand in respect to which they become petitioning creditors, and whether arising on any written security or otherwise with the general ground and consi deration of such indebtedness or information and belief, setting forth the grounds of their belief, and their affidavit shall be accompanied by the affidavit of the insolvent as to all matters which are so stated on information and belief. CHAP V. CHAP. 314. AN ACT to declare and extend the powers of executors, assignees, receivers and other trustees, and to protect the rights of creditors and others, against frauds, and for other purposes. PASSED April 17, 1858; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: &c., may ments. $1. That any executor, administrator, receiver, assignee, Trustees, or other trustee of an estate, or the property and effects of an impeach insolvent estate, corporation, association, partnership or indi-signvidual, may for the benefit of creditors or others interested in the estate or property so held in trust, disaffirm, treat as void, and resist all acts done, transfers and agreements made, in fraud of the rights of any creditor, including themselves and others, interested in any estate or property held by or of right belonging to any such trustee or estate. actions S2. That every person who shall, in fraud of the rights of And have creditors and others, have received, taken, or in any manner against interfered with, the estate, property or effects of any deceased offenders. person, or insolvent corporation, association, partnership or individual, shall be liable in the proper action to the executors, administrators, receivers, or other trustees of such estate or property, for the same, or the value of any property or effects so received or taken, and for all damages caused by such acts to any such trust estate. costs of S3. That any endorser or other surety, and any assignee, May recover executor, administrator, or other trustee, shall be entitled to cestui que and allowed to recover from his principal or cestui que trust, all trust. necessary and reasonable costs and expenses paid or incurred by him in good faith, as surety or trustee in the prosecution or defense in good faith of any action by or against any assignee, executor, administrator, or other trustee as such. PART II. Convey. CHAP. 348. AN ACT to secure to creditors a just division of the estates of debtors who convey to assignees for the benefit of creditors. PASSED April 13, 1860; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : $1. Every conveyance or assignment made by a debtor or ances to be debtors, of his, her, or their estates, real or personal, or both, in writing duly acknowledged. Inventory to be delivered to county judge. What to contain. Assignees to give bond, in trust, to an assignee or assignees, for the creditors of such debtor or debtors, shall be in writing, and shall be duly acknowledged before an officer authorized to take the acknowledgment of deeds, and the certificate of such acknowledgment shall be duly indorsed upon such conveyance or assignment before the delivery thereof to the assignee or assignees therein named. $ 2. Every debtor or debtors so making an assignment shall, at the date thereof, or within twenty days thereafter, make and deliver to the county judge of the county in which such debtor or debtors resided at the date of such assignment, an inventory or schedule containing: 1. A full and true account of all the creditors of such debtor or debtors. 2. The place of residence of each creditor, if known to such debtor or debtors, 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, account or otherwise. 4. The true cause and consideration of such indebtedness in each case, and the place where such indebtedness arose. 5. A statement of any existing judgment, mortgage, collateral or other security for the payment of any such debt. 6. A full and true inventory of all such debtors' estate at the date of such assignment, both real and personal, in law and in equity, and the incumbrances existing thereon, and of all vouchers and securities relating thereto, and the value of such estate according to the best knowledge of such debtor or debtors. 7. An affidavit shall be made by such debtor or debtors, and annexed to, and delivered with such inventory or schedule, that the same is in all respects just and true, according to the. best of such debtor or debtors' knowledge and belief. 3. The assignee or assignees named in any such assignment shall, within thirty days after the date thereof (and before he shall have power or authority to sell, dispose of, or convert to the purposes of the trust, any of the assigned property), enter into a bond to the people of the state of New York, in an amount to be ordered and directed by the county judge of the county where such debtor or debtors resided at the date of such assignment, with sufficient sureties to be approved of by such judge, and conditioned for the faithful discharge of the duties of such assignee or assignees, and for the due accounting for all moneys received by such assignee or assignees, which bond shall be filed in the county clerk's office where the assignment is recorded. CHAP. V. judge may mons. $ 4. After the lapse of one year from the date of such County assignment the county judge of the county where such inven- issue sumtory is filed, shall, upon the petition of any creditor of such debtor or debtors, have power to issue a citation or summons, compelling such assignee or assignees to appear before him, and show cause why an account of the trust fund created by any such assignment, shall not be made, and to decree payment of such creditors' just proportional part of such fund; and such county judge shall also have the same power and jurisdiction to compel such accounting as is now possessed by surrogates in relation to the estates of deceased persons; and also power to examine the parties to such assignment and other persons on oath, in relation to such assignment and accounting, and all matters connected therewith, and to compel their attendance for that purpose; and the parties interested in such accounting shall have the same rights to appeal from any order or decree of such judge in the premises, as is now given from the decrees of surrogates in relation to the accounts of executors and administrators. county certain S5. Whenever any such assignee or assignees shall omit Duty of or refuse to perform any decree or order made against him, judge in her or them, by a judge or court having jurisdiction to com- cases. pel the payment of any debt out of such trust fund, such county judge or court may order the bond of such assignee or assignees to be prosecuted in the name of the people by the district attorney of the county where the said bond is filed, and shall apply the moneys collected thereon in satisfaction of the debts of said debtor or debtors, in the same manner as the same ought to have been applied by such assignee or assignees. ces, &c., to in county $6. Every conveyance or assignment made by any debtor Conveyanor debtors under the provisions of this act, shall be recorded be recorded in the clerk's office of the county in which such debtor or clerk's debtors resided at the date thereof; and every inventory of office. the property of such debtor or debtors made under the provisions of this act, shall be filed in the same office where such assignment is recorded. |