REVISED STATUTES. OF THE STATE OF NEW-YORK. PART II, continued. CHAPTER V. 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. TITLE I. OF THE ASSIGNMENT OF THE ESTATES OF NON-RESIDENT, AB; SCONDING, 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. ARTICLE FIRST. 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 frud 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. 21. Unless such bond be given, vessel or share attached, to be discharged. 27. Officer ordering sale of perishable property, or vessel, to fix time, &c. 23. 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. 31. 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, &c. 50. If allegations not proved, penalty of bond may be recovered; how disposed of. 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. 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 attached for the payment of his debts, in the following cases: ART. 1. When pro perty may be sconding Whenever such debtor, being an inhabitant of this state, shall secretly depart therefrom, with intent to defraud his creditors, or to 2.Concealed avoid the service of civil process; or shall keep himself concealed alterein, with the like intent: 2. Whenever any person, not being a resident of this state, shall 1 for attach- made. be indebted on a contract made within this state, or to a creditor residing within this state, although upon a contract made elsewhere. a residents 52. Application for such attachment, may be made to any officer, Application specified in the first section of the seventh Article of this Title. $3. 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, having such demands, to the amount of two hundred dollars or upwards.2 34. 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 re- 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 neses. 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. aget non rendent Corporations page 45% Dragi'r veliels for liens -493 TITLE 1. Duty of sheriff on warrant. Inventory to be made, &c. Perishable goods may be sold. Claim of property, how tried. Proceedings if found for elaimant. Costs and charges. $7. The sheriff to whom any such warrant shall be directed and delivered, shall immediately attach all the real estate of such debtor, and all his personal estate, including money and bank notes, except articles exempt from execution; and shall take into his custody all books of account, vouchers and papers relating to the property, debts, credits and effects of such debtor, together with all evidences of his title to real estate; which he shall safely keep, to be disposed of as herein after directed.3 $ 8. He shall, immediately on making such seizure, with the assistance of two disinterested freeholders, make a just and true inventory of all the property so seized, and of the books, vouchers and papers taken into his custody, stating therein the estimated value of the several articles of personal property, and enumerating such of them as are perishable; which inventory, after being signed by the sheriff and the appraisers, shall, within ten days after such seizure, be returned to the officer who issued the warrant.3 $9. If any of the property so seized, other than vessels, be perishable, the sheriff shall sell the same at public auction, under an order of the officer who issued the warrant, and shall retain in his hands the proceeds of such sale, after deducting his expenses, to be allowed by such officer; which proceeds, shall be disposed of in the same manner, as the property so sold would have been, if it had remained unsold.4 $10. If any goods or effects, seized as the property of the debtor, other than vessels, shall be claimed by, or in behalf of, any other person as his property, the sheriff shall summon and swear a jury to try the validity of such claim, in the same manner and with the like effect, as in case of seizure under execution.5 $ 11. If, by their inquisition, the jury find the property of the goods and effects so seized to be in the person so claiming them, the sheriff shall forthwith deliver them to the claimant or his agent; unless the attaching creditor shall, by bond with sufficient sureties, indemnify the sheriff for the detention of such goods and effects. In case of such indemnity, the sheriff shall detain such goods and effects, to be disposed of, as herein after directed.5 12. If the property in such goods be found to be in the claimant, the costs and charges arising from such inquisition, to be allowed by. the officer issuing the warrant, shall be paid out of the estate of the debtor; but if it be found to be in the debtor, then the costs and charges, to be ascertained in the same manner, shall be paid by the claimant.5 (3) 1 R. L. 157, § 1. (4) Ib. 157, § 3. (5) Ib. 158, § 4. Proceedings domestic ves $13. When a vessel belonging to any port or place in this state or any of the United States, or any share or any interest in such vessel, shall be attached; on the application within thirty days thereaf-on claim to ter, of any person claiming such vessel or share, or of his agent, sel. the officer who issued the warrant, may cause the vessel or share so seized, to be valued by three indifferent men to be appointed by such officer. 6 be given. $ 14. Within two days after such appraisement shall be made, the Ib. Bond to elaimant or his agent may execute a bond with sureties to be approved by such officer, to the people of this state, in a penalty double the amount of such appraised value, conditioned, that in a suit to be brought on such bond, the claimant will establish, that he was the owner of such vessel or share at the time of the seizure, and in case of his failure to do so, that he will pay the amount of such valuation with interest from the date of the bond, to any trustees who may be appointed on such attachment; or in case none be appointed according to law, or the attachment be discharged, to such debtor or his personal representatives." discharged. $15. Upon such bond being executed and delivered to such offi- Vessel when cer, he shall order the vessel or share so seized to be discharged from the attachment, and the sheriff shall discharge such vessel or share accordingly. to be sued. 16. If trustees be appointed upon such attachment, they shall When bond immediately commence a suit on such bond; or in case none be appointed according to law, or the attachment shall be discharged, the debtor or his personal representatives may prosecute such bond. such suit. $17. In such suit, the claimant may give in evidence in bar of a Defence in recovery, that he was the owner of the vessel or share seized at the time of issuing such warrant. If he fail to establish such ownership, or if judgment shall pass against him by default or on demurrer, the party prosecuting such suit, shall recover the amount of the valuation of such vessel or share, with interest from the date of the bond, to be assessed as damages. $ 18. Whenever a foreign vessel, or a share or interest in any Foreign ver foreign vessel, shall be attached, such vessel or such share or interest, sel how valu may be valued in the manner above prescribed, upon the application of any person, who shall by his affidavit swear, that he is the owner thereof, or upon the application of the agent of such owner, who shall by his affidavit swear that he is such agent, and that he verily believes his principal to be the owner of the vessel or share so attached." (6) Laws of 1822, p. 238, § 1. (7) Ib. § 2. |