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of the frauds specified in the fourth section of the said act, in addition to the case provided for by the seventeenth section of the said act, shall also be entitled to the discharge provided for by the said section, upon his putting in and perfecting special bail in any suit which shall have been commenced against him by the creditor upon whose complaint he may have been arrested, whether a judgment or decree shall have been obtained therein or not.
See Laws of 1846, ch. 209. S 2. Any person who may have put in and perfected special bail in any suit, pursuant to the provisions of the foregoing section, shall be liable to be imprisoned upon any execution to be issued against his body in such suit, in the same manner as though the act hereby amended had not been passed.
Liability to impfisonment on execution issued.
In case or absence other as
trustees of non-resident, absconding, insolvent, or impri-
PASSED May 9, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
S 1. Whenever any assignee or trustee appointed under any
authority conferred by any of the provisions of title one, trustees to chapter five and part two of the Revised Statutes, or of any be appoint- previous statute relating to insolvent or imprisoned debtors,
shall have removed from and shall have continued to reside out of this State for one year, or shall hereafter remove from and shall continue to reside out of this State for one year, it shall be lawful for the officer who originally appointed such assignee or trustee, or in case of his absence, death, or removal, his successor in office, or any other officer residing in the county where such assignee or trustee was resident, who by law would originally have been authorized and empowered to make an appointment of such assignee or trustee, after giving notice and an opportunity to the creditors to propose proper persons, to appoint another person in the place of such assignee or trustee so removed or to remove as aforesaid.
10 B., 534. S 2. The assignee or trustee appointed in the place of the assignee or trustee so removed, or to remove as aforesaid, shall in all respects have the like powers and authority, and be subject to the same control, obligations and responsibilities as the assignee or trustee originally appointed; and the appointment of an assignee or trustee under the provisions of this act shall be certified and recorded as the original appointment was required to be recorded.
Their powers and duties.
ment for debt, and to punish fraudulent debtors,” passed
Passed May 12, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
S 1. The first section of the act passed May 13, 1845, en- First seca titled “ An act further to amend the act to abolish imprison- of 1:45 not ment for debt, and to punish fraudulent debtors,” passed certain
to apply in 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 :
$ 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.
$ 2. 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.
ed shall be deemed to apply to any proceedings commenced before this act shall take effect.
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. Applica. $ 2. Applications for a warrant, under and in pursuance of net or 1831 the provisions of the act entitled "An act to abolish iinpri
sonment 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.
to whom wade.
Trustees, receivers, &c., may become petitioning creditors.
come petitioning creditors under article third, title first,
PASSED April 8, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 1. Trustees, receivers, and assignees of the estate of any creditor of an insolvent, whether created by operation of law 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.
S 2. 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
Affidavit to be made by them.
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.
assignees, receivers and other trustees, and to protect
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:
S 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- meignvidual, 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.
$ 2. 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.
S 3. 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.
to be delivered to county
What to contain.
. 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 : Convey- $ 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, duly in trust, to an assignee or assignees, for the creditors of such ledged. 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. Inventory $ 2. Every debtor or debtors so making an assignment shall,
at the date thereof, or within twenty days thereafter, make judge. 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. Assignees $ 3. The assignee or assignees named in any such assign
ment 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
to give bond.