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Art. 2. Of the writs of habeas corpus and certiorari, when issued to inquire into the cause of detention, 562. Art. 3. General provisions, 573. Title 2. Of proceedings by scire facias, by information in certain cases, mandamus, prohibition, and ad quod damnum: Containing four Articles.
Art. 1. Of scire facias, 576.
Art. 2. Of informations in the nature of a quo warranto, and in certain other cases, 581. Art. 3. Of writs of mandamus and prohibition, 586.
Art. 4. Of the writ of ad quod damnum, 588. Title 3. Of writs of error, and appeals: Containing three Articles.
Art. 1. Of writs of error, 590.
Art. 2. Of writs of certiorari and of error, in special cases, 602.
Art. 3. Of appeals from the court of chance-
CHAP. X. OF COSTS, AND THE FEES OF OF-
Title 1. Of the cases in which costs may be
Title 2. Of security for the payment of costs,
Title 3. Of the fees of certain officers, 621.
The FOURTH PART of the Revised Statutes is entitled "An Act concerning Crimes and Punishments; Proceedings in Criminal Cases, and Prison Discipline;" and consists of THREE CHAPTERS.
CHAP. I. OF CRIMES, AND THEIR PUNISH
MENT: Containing seven Titles.
Title 1. Of crimes punishable with death, 656.
Art. 1. Of manslaughter, 660.
Art. 2. Of rape, maiming, kidnapping and
Title 3. Of offences against property, punisha-
Art. 4. Of false personating another, and of
Title 4. Of offences affecting the administration of justice: Containing three Articles. Art. 1. Of perjury, and subornation of perjury, 681.
Art. 2. Of bribery, and of corrupting jurors and others, 682.
Art. 3. Of escapes from prisons and assisting
Title 5. Of offences against the public peace
Art. 3. Of offences against public decency;
Title 6. Of offences punishable by imprison-
CHAP. II. OF PROCEEDINGS IN CRIMINAL
Title 2. Of the arrest and examination of of-
ting them to bail, 706.
Title 3. Of trials for offences, before courts of special sessions of the peace: Containing four Articles.
Art. 1. Of trials before courts of special ses
sions, held in any county of this state, ex-、 cept the city and county of New-York, 711. Art. 2. Of trials before courts of special sessions in the city and county of New-York, 714.
Art. 3. General provisions concerning courts of special sessions, 715.
Art. 4. Of writs of certiorari to courts of spe-
Title 4. Of indictments, and proceedings be-
Art. 2. Of indictments and proceedings there-
Art. 3. Of the removal of indictments, before trial or judgment, 731.
Title 5. Of trials for offences; bills of exception and other proceedings incident to trial, 733.
Title 6. Of judgments, the mode of enforcing them, and of writs of error thereon: Containing two Articles.
Art. 1. Of judgments; the evidence thereof,
and the mode of enforcing them, 737. Art. 2. Of writs of error on judgments; and certioraris in criminal cases, 739.
Art. 5. Of robbery, embezzlement and larce-Title 7. Special proceedings in criminal cases, ny, 677.
and miscellaneous provisions respecting cri
minal proceedings: Containing three Articles.
Art. 1. Of coroners' inquests, 742.
Art. 2. Of the outlawry of persons convicted of treason, 743.
Art. 3. Miscellaneous provisions respecting
criminal proceedings, 745.
Title 8. Of the fees of officers and ministers of justice in criminal cases, 749.
CHAP. III. OF JAILS, PENITENTIARIES AND PRISONS, AND THE GOVERNMENT AND DISCIPLINE THEREOF: Containing three Titles. Title 1. Of county prisons: Containing two Articles.
Art. 1. Designation of the several county pri- || sons, and provisions concerning their management, 754.
Art. 2. Of the inspection of county prisons, and the discharge and delivery of prisoners confined therein, 757.
Title 2. Of the state prisons: Containing four Articles.
Art. 1. Of the custody and government of the state prisons; the officers connected therewith, and their general powers, duties and compensation, 759.
Art. 2. Regulations concerning the treatment and conduct of prisoners, and the discipline of the prison, 767.
Art. 3. Miscellaneous provisions, 768. Art. 4. Special provisions applicable to the state prison at Auburn, 771.
Title 3. General provisions applicable to all the prisons treated of in this Chapter, 773.
STATE OF NEW-YORK.
PART II, CONTINUED.
Of Title to Property, Real and Personal, transmitted or acquired by Special Provisions of Law.
TITLE 1. Of the assignment of the estates of non-resident, absconding, insolvent, or imprisoned debtors.
TITLE 2.-Of the custody and disposition of the estates of idiots, lunatics, persons of unsound mind, and drunkards.
OF THE ASSIGNMENT OF THE ESTATES OF NON-RESIDENT, ABSCONDING, INSOLVENT, OR IMPRISONED DEBTORS.
ART. 1. Of attachments against absconding, concealed, and non-resident debtors. ART. 2.-Of attachments against debtors confined for crimes.
ART. 3. Of voluntary assignments, made pursuant to the application of an insolvent and his creditors.
ART. 4. Of proceedings by creditors, to compel assignments by debtors imprisoned on execution in civil causes.
ART. 5. Of voluntary assignments by an insolvent, for the purpose of exonerating his person from imprisonment.
ART. 6. Of voluntary assignments by a debtor imprisoned in execution in civil causes. ART. 7.—General provisions applicable to proceedings under the several preceding articles, or some of them.
ART. 8-Of the powers, duties and obligations of trustees and assignees under this Title.
Of Attachments against Absconding, Concealed, and Non-Resident Debtors.
SEC. 1. When property of a debtor may be attached.
2. Application for attachment, to whom to be made.
3. By what creditors such application may be made.
4. Application to be in writing, and verified by affidavit; what affidavit to state.
5. Grounds on which it is made, to be verified by two witnesses.
TITLE . SEC. 6. Officer applied to, if satisfied, to order notice, and to issue warrant.
7. Duty of sheriff on receiving such warrant. Effects, &c. to be attached.
9. Perishable property (except vessels) to be sold; proceeds how disposed of.
11. If jury find for claimant, property to be delivered, unless sheriff be indemnified.
12. Costs and charges of inquisition, by whom to be paid.
13. On claim being made to domestic vessel, such vessel to be valued, and how.
16. Bond to be sued by trustees; when debtor may sue on it.
18. Foreign vessel seized, may be valued ; upon whose application.
27. Officer ordering sale of perishable property, or vessel, to fix time, &c.
29. Time for which notice is to be published.
30. Contents of notice in the case of an absconding or concealed debtor.
81. Contents of notice in the case of a non-resident debtor.
32. All sales, &c. made, and judgments confessed, by an absconding or concealed debtor, after first publication of notice, void.
33. The like provision as to certain estate of non-resident debtors.
34. Persons indebted to such debtors, or having their property, to account to trustees. 35. Payments and deliveries of property to debtor, after first publication, deemed fraudulent, as against the trustees.
36. Persons prosecuted by debtor, may give evidence of attachment, &c. in bar.
37. After application for attachment, any other creditor may file affidavit and petition. 38. Such latter creditor to be thereafter deemed an attaching creditor.
39. After warrant issued, every subsequent attachment to be deemed part of first proceedings.
40. Notice of first warrant, to be given to sheriff having subsequent warrant ; proceedings thereupon.
41. Duty of officer who issued such subsequent warrant.
42. Rights and obligations of creditors applying for subsequent warrant, &c.
43. Absconding or concealed debtor may, by petition, contest allegation of concealment, &c. and pray for a hearing before court.
44. Persons proceeded against as non-resident debtors, may also contest the fact of nonresidence.
45. Every such petition to be accompanied by a bond; its condition.
46. Officer with whom petition and bond are filed, to make report to court.
47. Proceedings of such court thereupon.
48. If allegations of petition are proved, warrant and proceedings to be discharged, &e. 49. Court to tax costs, &c., and to enforce payment.
50. If allegations not proved, penalty of bond may be recovered; how disposed of.
51. Persons to whom debtor has transferred property, may petition for hearing; proceedings thereon.
52. When jury trial is had, effect of their decision; proceedings on certain bonds.
53. Proceedings upon warrant, how far stayed by petition and bond.
54. Debtor may apply to officer issuing attachment, for its discharge.
55. Bond, with sureties, to be executed upon such application; its condition.
56. If such bond be given, warrant to be discharged, and no further proceedings had
57. When such bond may be prosecuted, and how; proceedings thereon.
58. When officer issuing warrant, shall appoint trustees.
59. If trustees are not appointed in due time, warrant deemed to be discharged.
62. Appointment, record thereof, and transcript of such record, how far evidence.
Sec. 65. When sheriff to return warrant and proceedings, and to whom; return when filed. 66. Such return how enforced, and on whose application.
67. Officer issuing warrant, to file creditors' affidavits with clerk of supreme court.
69. Proceedings under this Article, may also be removed by certiorari; effect thereof.
73. Seizures under this Article, to supersede certain other seizures previously made.
SECTION 1. The real and personal property of a debtor, may be When pro attached for the payment of his debts, in the following cases:
1. Whenever such debtor, being an inhabitant of this state, shall secretly depart therefrom, with intent to defraud his creditors, or to avoid the service of civil process; or shall keep himself concealed therein, with the like intent:
2. Whenever any person, not being a resident of this state, shall be indebted on a contract made within this state, or to a creditor residing within this state, although upon a contract made elsewhere.1
perty may be attached.
$2. Application for such attachment, may be made to any officer, Application specified in the first section of the seventh Article of this Title.
33. Such application may be made by any creditor resident within By whom this state or out of it, or by his personal representatives, having a demand against such debtor personally, whether liquidated or not, arising upon contract, or upon a judgment or decree rendered within this state, amounting to one hundred dollars or upwards; or by any two such creditors having such demands, to the amount of one hundred and fifty dollars or upwards; or by any three or more creditors, haying such demands, to the amount of two hundred dollars or upwards.2 $ 4. Such application shall be in writing, verified by the affidavit How made; of the creditor, or of the person making the same in his behalf, in which shall be specified the sum in which the debtor is indebted, over and above all discounts, to the person in whose behalf such application is made, and the grounds upon which the application is founded.1
$5. The facts and circumstances to establish the grounds on which such application is made, shall also be verified by the affidavits of two nesses. disinterested witnesses.1
36. Upon such proof being made to the satisfaction of the officer to Notice and whom the application is addressed, he shall order a notice to be pub- warrant lished as herein after directed, and shall issue one or more warrants, as may be necessary, to the sheriff of every county, in which any property of such debtor may be, commanding him to attach and safely keep all the estate, real and personal of such debtor, within his county, (except such articles as are by law exempt from execution,) with all books of account, vouchers and papers relating thereto.1
(1) 1 R. L. 157, § 1 & 23. (2) Ib. § 1 & 20.