appeal to the court of appeals, the proceedings below are stayed in like manner. 2146. The expression, "body or officer," as used in this article, includes every court, tribunal, board, corporation, or other person, or aggre gation of persons, whose determination may be reviewed by a writ of cer tiorari; and the word, "determination," as used in this article, includes every judgment, order, decision, adjudication, or other act of such a body or officer, which is subject to be so reviewed. § 2147. Where the right to a writ of certiorari is expressly conferred, or the issuing thereof is expressly authorized, by a statute, passed before, and remaining in force after, this article takes effect, this article does not vary, or affect in any manner, any provision of the former statute, which expressly prescribes a different regulation, with respect to any of the proceedings upon the certiorari to be issued thereunder. § 2148. This article is not applicable to a writ of certiorari, brought to review a determination made in any criminal matter, except a criminal contempt of court. CHAPTER XVII. CERTAIN SPECIAL PROCEEDINGS INSTITUTED WITHOUT WRIT. TITLE I. PROCEEDINGS RELATING ΤΟ INSOLVENT DEBTORS AND TO PRISONERS. TITLE II. SUMMARY PROCEEDINGS TO RECOVER THE POSSESSION OF REAL TITLE TITLE TITLE TITLE PROPERTY. III.-PROCEEDINGS TO PUNISH A CONTEMPT OF COURT, OTHER THAN A CRIMINAL CONTEMPT. IV. PROCEEDINGS TO COLLECT A FINE. V.-PROCEEDINGS TO DISCOVER THE DEATH OF A TENANT FOR LIFE. VI.-PROCEEDINGS FOR THE APPOINTMENT OF A COMMITTEE OF THE TITLE VII.-PROCEEDINGS FOR THE DISPOSITION OF THE REAL PROPERTY TITLE IX. PROCEEDINGS TO FORECLOSE A MORTGAGE BY ADVERTISE TITLE MENT. X.-PROCEEDINGS TO CHANGE THE NAME OF AN INDIVIDUAL. TITLE XI. PROCEEDINGS FOR THE VOLUNTARY DISSOLUTION OF A COR PORATION. TITLE XII.-PROCEEDINGS SUPPLEMENTARY TO AN EXECUTION AGAINST PROPERTY. TITLE I. Proceedings relating to insolvent debtors and to prisoners. ARTICLE 1. Discharge of an insolvent from his debts. 2. Exemption from arrest, or discharge from imprisonment, of an insolvent debtor. 8. Discharge of an imprisoned judgment debtor from imprisonment. 4. Care of the property of a person confined for crime. ARTICLE FIRST. DISCHARGE OF AN INSOLVENT FROM HIS DEBTS. 2149. Who may be discharged. 2150. To what court application to be made. 2151. Contents of petition. 2152. Consent of creditors to be annexed. 2153. Consent of executor, adminis- 2154. Id.; of corporation, etc. 2157. Consent of purchaser of debt, etc. 2158. Consenting creditor must relinquish security. 2159. Penalty if creditor swears falsely. 2160. Affidavit of consenting creditor. 2161. When non-resident creditor to annex account, etc. 2162. Petitioner's schedule. 2163. His affidavit. 2164. Order to show cause. 2169. Id.; to file proofs, if not named in schedule. 2170. Proceedings if jurors do not 2171. When insolvent required to pro- 2174. When assignment to be direc 2175. Assignment; contents, and to 2176. Id.; trustees, how designated. 2183. Id.; exception as to foreign con- 2184. Id.; as to debts, etc., to the United States and the State. 2185. Insolvent to be released from imprisonment. 2186. Discharge; when void. 2187. Invalidity may be proved on motion to vacate order of arrest, etc. § 2149. An insolvent debtor, who is a resident of the State at the time of presenting his petition, may be discharged from his debts, as prescribed in this article. $2150. Application for such a discharge must be made, by the petition of the insolvent, addressed to the county court of the county in which he resides; or, if he resides in the city of New York, to the court of common pleas for that city and county. §2151. The petition must be in writing; it must be signed by the insolvent, and specify his residence; it must set forth, in substance, that he is unable to pay all his debts in full; that he is willing to assign his property for the benefit of all his creditors, and, in all other respects, to comply with the provisions of this article, for the purpose of being discharged from his debts; and it must pray that, upon his so doing, he may be discharged accordingly. It must be verified by the affidavit of the insolvent, annexed thereto, taken on the day of the presentation thereof, to the effect, that the petition is in all respects true, in matter of fact. 2152. The petitioner must annex to his petition one or more written instruments, executed by one or more of his creditors, residing in the United States, having debts owing to him or them in good faith, then due or thereafter to become due, which amount to not less than two thirds of all the debts, owing by the petitioner to creditors residing within the United States. Each instrument must be to the effect, that the person or corporation, executing it, consents to the discharge of the petitioner from Lis debts, upon his complying with the provisions of this article. 2153. An executor or administrator may become a consenting creditor, under the order of the surrogate's court from which his letters issued. A trustee, offcial assignee, or receiver of the property of a creditor of the petitioner, whether created by operation of law or by the act of parties, may become a consenting creditor, under the order of a justice of the supreme court. A person who becomes a consenting creditor, as prescribed in this section, is chargeable only for the sum which he actually receives, as a dividend of the insolvent's property. § 2154. Where a corporation or joint-stock association becomes a consenting creditor, its consent must be executed under its common seal, and may be attested by any director or other officer thereof, duly authorized for that purpose; who may make any affidavit, required of a creditor in the proceedings. § 2155. Where a partnership becomes a consenting creditor, the consent may be executed in its behalf, and any affidavit, required of a credito in the proceedings, may be made, by either of the partners. 2156. A creditor's consent does not affect his remedy against any per son or persons indebted jointly with the petitioner; and the petitioner's discharge has the effect, as between the creditor aud the other joint debtors, of a composition between the petitioner and the creditor, made as prescribed in article third of title fifth of chapter fifteenth of this act. of § 2157. Where a consenting creditor is the purchaser or assignee of debt against the petitioner, or the executor, administrator, trustee, or re ceiver of such a purchaser or assignee, he is deemed, for all the purposes this article, except as to the declaration and receipt of dividends, a creditor only to the amount, actually and in good faith paid for the debt, by him, or by the decedent or other person, from whom he derives title, and remaining uncollected. This section is not affected by the recovery of a judgment for the debt, after the purchase or assignment; but in that case, the consenting creditor may include the uncollected costs, as i hey were part of the sum paid for the debt. § 2158. A creditor who has, in his own name, or in trust fo. him, mortgage, judgment, or other security, for the payment of a sum of money which is a lien upon, or otherwise affects, real or personal property belong. ing to the petitioner, or transferred by him since the lien was created, can not become a consenting creditor, with respect to the debt so secured nless he adds to or includes in his consent, a written declaration, under hic and, to the effect, that he relinquishes the mortgage, judgment, or other security, so far as it affects that property, to the trustee to be appointed pursuant to the petition, for the benefit of all the creditors. Such a declaration operates, to that extent, as an assigment to the trustee, of the mortgage, judgment, or other security; and vests in him accordingly all the right and interest of the consenting creditor therein. 2159. If a creditor knowingly swears, in any proceedings authorized by this article, that the petitioner is, or will become, indebted to him, in a sum of money, which is not really due, or thereafter to become due; or in more than the true amount; or that more was paid for a debt, which was purchased or assigned, than the sum, actually and in good faith paid there. for; he forfeits to the trustee, to be recovered in an action, twice the sum, so falsely sworn to. § 2160. The consent of a creditor must be accompanied with his affi. davit, stating as follows: 1. That the petitioner is justly indebted to him, or will become indebted to him, at a future day specified therein, in a sum therein specified; and if he, or the person from whom he derives title, is or was the purchase or assignee of the debt, he must also specify the sum, actually and in good faith paid for the debt, as prescribed in section two thousand one hundred and fifty-seven of this act. 2. The nature of the demand, and whether it arose upon written security, or otherwise, with the general ground or consideration of the indebted ness. 3. That neither he, nor any person to his use, has received from the petitioner, or from any other person, payment of a demand, or any part thereof, in money or in any other way, or any gift or reward of any kind, upon an express or implied trust, confidence, or understanding, that he should con. sent to the discharge of the petitioner. Where a consenting creditor is an executor, administrator, trustee, receiver, or assignee, he may state the necessary facts, in his affidavit, upon information and belief, setting forth therein the grounds of his belief; but in that case, the consent must also be accompanied with the affidavit of the insolvent, to the effect, that all the matters of fact stated in the affidavit of the consenting creditor, are true. § 2161. A consenting creditor, residing without the State, and within the United States, inust annex to his consent the original accounts, or sworn copies thereof, and the original specialties or other written securities, if any, upon which his demand arose or depends. $2162. The petitioner must annex to his petition a schedule, containing: 1. A full and true account of all his creditors. 2. A statement of the place of residence of each creditor, if it is known; or, if it is not known, a statement of that fact. 3. A statement of the sum which he owes to each creditor, and the nature of each debt or demand, whether arising on written security, on account, or otherwise. 4. A statement of the true cause and consideration of his indebtedness to each creditor, and the place where the indebtedness accrued. 5. A statement of any existing judgment, mortgage, or collateral or other security, for the payment of the debt. 6. A full and true inventory of all his property, in law or in equity, of the incumbrances existing thereon, and of all the books, vouchers, and securities, relating thereto. § 2163. An affidavit, in the following form, subscribed and taken by the petitioner before the county judge, or, in the city of New York, before the judge holding the term of the court, at which the order specified in the next section is made, must be annexed to the schedule: "I, do swear" (or "affirm," as the case may be,) "that the matters of fact, stated in the schedule hereto annexed, are, in all respects, just and true; that I have not, at any time or in any manner whatsoever, disposed of or made over any part of my property, not exempt by express provision of law from levy and sale by virtue of an execution, for the future benefit of myself or my family, or disposed of or made over any part of my property, in order to defraud any of my creditors; that I have not, in any instance, created or acknowledged a debt for a greater sum than I honestly and truly owed; and that I have not paid, secured to be paid, or in any way compounded with, any of my creditors, with a view fraudulently to obtain the prayer of my petition." § 2164. The petition and other papers, specified in the foregoing sections of this article, must be presented to the court, and filed with the clerk. The court must thereupon make an order, requiring all the creditors of the petitioner to show cause before it, at a time and place therein specified, why an assignment of the insolvent's property should not be made, and he be thereupon discharged from his debts, as prescribed in this article; and directing that the order be published and served, as prescribed in the next section. § 2165. The order must be published and served in the following man ner: 1. The petitioner must cause a copy thereof to be published in the newspaper printed at Albany, in which legal notices are required by law to be published; and in a newspaper, designated in the order, published in the county; and also, if one-fourth part of the insolvent's debts accrued, or are due, to creditors residing in the city of New York, in a newspaper published in that city, designated in the order. The publication must be made, at least once in each of the ten weeks, immediately preceding the day on which cause is to be shown, unless all the creditors reside within one hun dred miles of the place where cause is to be shown; in which case, the publication must be made, at least once in each of the six weeks, immediately preceding that day. 2. The petitioner must also serve upon each creditor, residing within the United States, whose place of residence is known to him, a copy of the order to show cause, either personally, at least twenty days before the day when cause is to be shown, or by depositing it, at least forty days before that day, in the post-office, inclosed in a post-paid wrapper, addressed to the creditor at his usual place of residence. Where the State is a creditor of the petitioner, a copy of the order must be served upon the attorney-general, who must represent the State in the subsequent proceedings. § 2166. On the day specified in the order, and before any other proceedings are taken in the matter, the petitioner must present to the court, and file with the clerk, proof, to the satisfaction of the court, that the order has been published and served, as prescribed in the last section; and thereupon, on the same day, or upon the day to which the hearing is adjourned, the court must hear the allegations and proofs of the parties appearing. Proof of personal service of a copy of the order upon any person, must be made, in like manner as proof of personal service of a summons, in an action brought in the supreme court. 2167. Where the insolvent's discharge is opposed, the court may direct the special proceeding to be placed upon the calendar for trial. In that case the parties must appear, and the proceedings are the same, as in an action, except as otherwise prescribed in this article; and costs, as in an action, except for proceedings before notice of trial, may be awarded to either party, in the discretion of the court. § 2168. In order to entitle a creditor to oppose the discharge of the insolvent, he must, on the day fixed to show cause, or at such other time as the court directs, file with the clerk a specification of his objections; and he may then, but not afterwards, demand a trial, by a jury, of the questions of fact arising thereupon. If a trial by a jury is not then demanded, the questions of fact must be tried by the court, without a jury. Where one of two or more opposing creditors demands a trial by a jury, all the material questions of fact, arising upon the objections of all the creditors, must be tried in like manner, and at the same time. The court may, in its discr |