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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.

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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-
ry, and surrogates' courts; and from cir-
cuit judges and courts of common pleas, in
certain cases, 604.

FICERS: Containing five Titles.

Title 1. Of the cases in which costs may be
recovered, and in which double costs may
be allowed, 612.

Title 2. Of security for the payment of costs,

Title 3. Of the fees of certain officers, 621.
Title 4. General provisions concerning the
fees of officers and persons, to whom any al-
lowance is made for services, 650.
Title 5. Of the taxation of eosts, 652.

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.


MENT: Containing seven Titles.

Title 1. Of crimes punishable with death, 656.
Title 2 of offences against the person, pun-
ishable by imprisonment in a state prison:
Containing two Articles.

Art. 1. Of manslaughter, 660.

Art. 2. Of rape, maiming, kidnapping and
other offences against the person not here-
in before enumerated, 663.

Title 3. Of offences against property, punisha-
ble by imprisonment in a state prison: Con-
taining five Articles.
Art. 1. Of arson, 666.
Art. 2. Of burglary, 668.
Art. 3. Of forgery, 669.

Art. 4. Of false personating another, and of
cheats, 676.

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
therein, 683.

Title 5. Of offences against the public peace
and public morals, and other miscellaneous
offences, punishable by imprisonment in a
state prison: Containing three Articles.
Art. 1. Of duelling and challenges to fight, 686.
Art. 2. Of unlawful marriages and of incest,

Art. 3. Of offences against public decency;
of malicious mischief, and of other crimes
not before enumerated, 688.

Title 6. Of offences punishable by imprison-
ment in a county jail, and by fines, 689.
Title 7. General provisions concerning crimes
and their punishment, 697.

CASES: Containing eight Titles.
Title 1. Of proceedings to prevent the com-
mission of crimes, 703.

Title 2. Of the arrest and examination of of-
fenders, their commitment for trial, and let-

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-
cial sessions, 717.

Title 4. Of indictments, and proceedings be-
fore trial: Containing three Articles.
Art. 1. Of the return and summoning of grand
juries, their powers and duties,',720.

Art. 2. Of indictments and proceedings there-
on, 725.

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.






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.



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.

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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.
8. Sheriff to make and return an inventory of the property, books, &c.

9. Perishable property (except vessels) to be sold; proceeds how disposed of.
10. If any property (except vessels) be claimed by another, jury to try claim.

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.
14. Within two days thereafter, claimant to give bond with sureties; its condition.
15. On execution of bond, vessel or share seized, to be discharged.

16. Bond to be sued by trustees; when debtor may sue on it.
17. What may be shown in bar to such suit; rule of damages.

18. Foreign vessel seized, may be valued ; upon whose application.
19. Notice of such application to be given to attaching creditors.
20. Attaching creditors to give bond with sureties; its condition.
21. Unless such bond be given, vessel or share attached, to be discharged.
22. No second warrant to issue against such vessel, till bond be given.
23. When and upon what terms, debtor entitled to claim such vessel.
24. When such vessel to be sold for indemnity of creditor giving bond.
25. Vessel or share, if not claimed, may be sold on application of creditor.
26. When such share may be sold, on application of joint owner.

27. Officer ordering sale of perishable property, or vessel, to fix time, &c.
28. Officer issuing warrant, to order notice to be published in certain papers

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.
60. Order to be endorsed on appointment, allowing it to be recorded, &c.
61. Appointment to be recorded; where and within what time.

62. Appointment, record thereof, and transcript of such record, how far evidence.
63. If debtor die or become insane, after time of appearance, proceedings to continue
64. If he die or become insane before that time, proceedings to be stayed, &ø›

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.
63. To report to supreme court, which shall thereafter have jurisdiction. Report made

69. Proceedings under this Article, may also be removed by certiorari; effect thereof.
70. Powers of supreme court, after receiving return to certiorari, or report of officer.
71. Notice to be given of the names, &c. of sureties offered under this Article.
72. Creditors may require such sureties to justify.

73. Seizures under this Article, to supersede certain other seizures previously made.

ART. 1.

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.

for attach



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

affidavit quired.


Two wit

$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.

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