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pass thereby, the assigument must also be recorded as a deed, in the proper office for recording deeds, of each county where the real property is situated. The assign. ment vests in the trustee or trustees, for the benefit of the judgment creditors in the executions, by virtue of which the petitioner is imprisoned, all the estate, right, title, and interest of the petitioner in and to the prop. orty, so directed to be assigned. Id., part of 29; also part of % 20, art. 7; see 2 2177, ante, and cases there
$ 2212. Discharge, when to be granted. Upon the production, by the petitioner, of satisfactory evidence, that the petitioner has actually delivered to the trustee or trustees all the property so directed to be assigned, which is capable of delivery; or upon the petitioner's giving security, approved by the court, for the future delivery thereof; the court must make an order, discharging the petitioner from imprisonment, by virtue of each execution, specified in his petition. The sheriff, upon being served with a certified copy of the order, must discharge the petitioner as directed therein, with out any detention on account of fees.
Id., 32 10 and 11 and $ 2200, ante, and cases ihere cited. Bullymore v. Cooper, 46 N. Y. 236; 8. C., 2 Lans. 71; see, also, Bennett v. Burch, i Denio, 141; In re Von Schoening, I Law Bulletin, 4; Hayden v. Paimer, 24
§ 2213. Petitioner's property still liable.-Notwith. standing such a discharge, the judgment creditor in the execution has the same remedies, against the property of the petitioner, for any sum due upon his judgment, which he had before the execution was issued; but the petitioner shall not, except as is otherwise specially prescribed in the next section, be again imprisoned by vir. tue of an execution upon the same judgment, or arrested in an action thereupon.
Id. 12, amended.
8 2214. When creditor may issue new execution against person.- If the petitioner is convicted of perJu.y, committed in any of the proceedings upon his petition, any judgment creditor, by virtue of whose ese cution he was imprisoned, may issue a new execution against his person.
§ 2215. Powers and duties of trustee.-The trustee must collect the demands, and sell the other property assigned to him. He must apply the proceeds thereof, after deducting his commissions and expenses allowed by law, as follows:
1. To the payment of the jail fees, upon the imprisonment and discharge of the petitioner.
2. If any surplus remains, to the payment of the creditors, by virtue of whose executions the petitioner was imprisoned, when he presented his petition ; or, if there is not enough to pay them in full, to the payment to each, of a proportionate part of the sum due upon his execution.
3. If any surplus remains, he must pay it over to the petitioner, or his executor or administrator.
Personal service upon a creditor, or his attorney, of written notice, of the time and place of making a distribution, as prescribed in subdivision second of this section, has the same effect as publishing a notice thereof, in a case prescribed by law. Id., & 15.
§ 2216. Creditor may notify debtor to apply for discharge. Where a person has been imprisoned, by virtue of an execution, for the space of three months after he was entitled, by the provisions of this article, to apply for a discharge; and has neither made such an applica. tion, nor applied for his discharge under the provisions of article first of this title; the judgment creditor, by virtue of whose execution he is imprisoned, may serve upon the prisoner a written notice, requiring him to apply for his discharge, according to the provisions of this article, Id., & 16.
$ 2217. Effect of failure so to apply.-If the pris. oner does not, within thirty days after personal service of such a notice, either present a petition to the proper court, as prescribed in article first of this title, or serve, upon the creditor giving the notice, a copy of a peti. tion and schedule, with a notice of his intention to apply for his discharge, as prescribed in this article; or it,
er such a presentation or service, he does not dilitly proceed thereupon to a decision, he shall be for.
ever barred from obtaining his discharge under the pro-
& 2218, Debtor to United States, etc., not to be dis charged.-Neither of the following named persons shall be discharged from imprisonment, under the provisions of this article ;
1. A person owing a debt or duty to the United States.
2. A person owing a debt or duty to the State, for taxes or for money received or collected by any person, as a public officer or in a fiduciary capacity, or a cause of action specified in section 1969 of this act or a judgment recovered upon such a cause of action.
Parts of ? 29 and 30, art. 7, R. S. ; see % 2184, and cases there cited,
CARE OF THE PROPERTY OF A PERSON CONFINED POR
2220. Who may apply.
2230. Application of this article to persons heretofore sentenced,
appointment may be presented by either of the follow.
1. A creditor of the prisoner.
3. One or more of his next of kin, or, where he owns real property, of his heirs presumptive.
4. A relative whom he is bound to support.
5. Any relative or other person, in behalf of his in. fant child or children. Part of 3 1 and 4.
§ 2221. Creditor must relinquish security.- A cred. itor of the prisoner, who has a judgment, mortgage, or other security, specified in section 2158 of this act, can. not apply for such an appointment, with respect to the debt so secured, unless he appends to or includes ir his petition, the declaration, required by that section from & consenting creditor ; which declaration has the same effect as the declaration of a consenting creditor, as therein specified. Art. 7, R. S., & 11, and see & 2158, ante, and cases cited.
$ 2222. Contents of petition.- The petition must be in writing, and verified by the affidavit of the petitioner, to the effect, that the matters of fact therein stated are true, to the best of the petitioner's knowledge and be. lief. It must set forth the facts, showing that the ap plicant is entitled to make the application, and that the application is made to the proper court; the name and residence of each person, who is entitled to make such an application, as prescribed in the last section but one, except the fifth subdivision thereof; and a brief de. scription of the property, real and personal, of the prisoner, and the value thereof. If the applicant is a creditor, and not a resident of the State, he must annex to his petition, the papers specified in section 2161 of this act. If any of the facts, herein required to be set forth, cannot be ascertained by the petitioner, after the exercise of due diligence, that fact must be stated ; and the court may, in its discretion, issue a subpæna, re. quiring any person to attend and testify, respecting any matter, which, in its opinion, ought to be more fully and certainly set forth.
New. See & 2161, ante, and cases citod.
$ 2223. Copy of sentence and affidavit to be presented.— The petition must be accompanied with a copy of the sentence of conviction of the prisoner, duly certified by the clerk of the court by which he was sen. tenced, under the seal thereof; together with an affi. davit of the applicant, stating that the person so con. victed is actually imprisoned thereunder. Art. 2, R. S., 82, in part.
§ 2224. Proceedings upon presentation of the papers.-- Upon the presentation of the papers, the court may, in its discretion, make an order, either ap. pointing one or more fit persons trustees of the property of the prisoner; or requiring all creditors of the prisoner, and all persons interested in his estate, to show cause, at a time and place specified therein, why such an appointment should not be made. In the latter case, the order must direct the manner of service thereof, by publication or otherwise. Id., part of 8 2. $ 2225. Id.; on return of order to show cause. Upon the return of an order to show cause, made as prescribed in the last section, proof of the service thereof, as required thereby, must first be made; whereupon the court must hear the allegations and proofs of the creditors and other persons interested in the estate, who appear. Where the prisoner is indebted to any person, the court must appoint one or more trus. tees, unless the persons interested in the prisoner's property pay the debt, or give such security, as the court prescribes, for the payment thereof, either absolutely, or contingently upon a recovery in an action; in which case, or where the prisoner is not indebted, the court may grant or deny the prayer of the petition, as justice requires. New.
§ 2226. Effect of order appointing trustee.- The entry of the order, appointing one or more trustees, and the filing of the papers upon which it was granted, vest in the trustee or trustees all the right, title and interest of the prisoner, in and to any property, real or personal. Where the prisoner owns real property, an exemplified copy of the order must be recorded, in the proper office