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Petition under Non-Imprisonment Act, after Action com
menced. To the Hon. C. P. D., &c. for as the case may be.!
The petition of A. B., of the town of in the county of respectfully showeth: That an action has been commenced against him in a court of record, in which, by the provisions of the act to abolish imprisonment for debt, and to punish fraudulent debtors, he cannot be arrested or imprisoned. Your petitioner, therefore, prays that his property may be assigned, and that he may have the benefit of the provisions of the said act; and, in conformity thereto, sets forth and states: That the said action is brought by C. D., in the Supreme Court of the State of New York, and was commenced by summons, served upon the said petitioner on the day of
last past, (or, instant,) and that the following is a just and true account of all his estate, real and personal, in law and equity, and of all the charges affecting the same, as the same exist at the time of preparing this petition, according to the best of his knowledge and belief, to wit: Real estate, [describe the same, if any; if otherwise, say, none :) Personal estate, one span of horses, &c., &c.: The charges affecting the same are as follows, to wit: a chattel mortgage, executed by the said A. B. to L. M., of, &c., on the day of 1856, for the purpose of securing the payment of the sum of dollars, due and owing to the said L. M. by the said A. B.; his necessary wearing apparel, bedding and furniture, for himself and family, his arms and accoutrements, and other articles, exempt by law from execution, are as follows, to wit, (specify the articles:] and bis tools, or instruments of his trade, necessary to the carrying on of the same, not exceeding twenty-five dollars in value, are as follows, to wit., (specify the articles.)
And your petitioner further states, that the following is a just and true account of the deeds, securities, books, and writings whatsoever, relating to the said estate, and the charges thereon, and the names and places of abode of the witnesses to such deeds, secu. rities, ană writings, according to the best of his knowledge and belief, to wit., (state the details, and that there is no other account of any real estate, or personal estate, in law or equity, or any other charges affecting the same, as the same estate exists at the time of preparing this petition; nor any other deeds, securities, books, or writings, whatsoever, relating to the same; nor any other names, or places of abode, of any witnesses to such doede securities, or writings, so far set forth, as his knowledge extends concerning the same.
A. B., Defendant Dated the
Affidavit of Petitioner.
TC BE ENDORSED ON THE PETITION.
I, the within named petitioner, do swear: That .hu witnin peti. tion, and the account of my estate, and of the charges thereon, sro in all respects just and true; and that I have not, at any time, or in any manner, disposed of or made over any part of my property, with a view to the future benefit of myself or my family, or with an intent to injure or defraud any of my creditors.
Sworn to, &c., (as in Affidavit of Residence of Petitioner.)
Notice of Presenting Petition.
A. B. Sir: Please to take notice, that the within is a true copy of a petition, with an account of my creditors, and an inventory of my estate thereunto annexed, which I intend to present to the Hon. J. P. H., &c., at his office in the town of -, on the 1856, at o'clock in the
noon, or as soon thereafter as the same can be heard. Yours, &c.,
A. B., Defendant. To C. D., for L. T., attorney of] the plaintiff in the above suit
Affidavit of Service of Notice. SUPREME Court.
C. D against
COUNTY, ss. A. B. 0. P., of the said county, being duly sworn, doth depose and say that on the
last past, [or, instant,] he, this do. ponent, served C. D., of the town of the plaintiff in this cause with a notice of the abovenamed defendant's intention of present ing the within potition to the Hon. J. P. H., &c., [or, as the case may be, on the day of
next, [or, instant, at o'clock in the - noon of the same day; and also, with a trua copy of the account of the said defendant's estate, as within set forth, by delivering the said notice and account; (state the manner of service, whether personal or otherwise ; and that the notice and account só delivered were signed by the above-named defendant in this cause
Sworn, &c,28 in Afidavi!, Qf Residence of Petitioner.]
Order for Assignment. WHEREAS, A. B. did, on the day of
1856, present a petition to ine, praying that his property might be assigned, and that he might have the benefit of the provisions of the act to abol. ish imprisonment for debt, and to punish fraudulent debtors; upon the hearing of which, I, being satisfied that the proceedings on the part of the petitioner are just and fair, and that he has conformed in all things to the provisions of the said act, do therefore order that an assignment of all his estate be made by him to M. P., of, &c., the assignee appointed by me to receive the same, excepting such articles as are by law exempt from execution.
Dated, &c., (as in Order for Creditors to show Cause.]
Assignment. Know all men by these presents: That I, A. B., of, &c., did present a petition to the Hon. C. P. D., one of the Judges, &c, praying that my property might be assigned, and that I mighi have the benefit of the provisions of the act to abolish imprisonment for debt; whereupon, such proceedings were had, that the said Judge, after hearing the said petition, ordered that an assignment should be made by me of all my property, except such articles as were by law exempt from execution: Now, therefore, know yo, that in conformity to the said order, I have released, and by these presents do grant and assign all my estate, real and personal, both in law and equity, in possession, reversion, and remainder, and all books, vouchers, and securities, relating to the same, to M. P., of, &c., the assignee appointed to receive the same, except such ar ticles as are by law exempt from execution.
Certificate of Assignment. I do hereby certify, that A. B. has this day made and delivered to me an assignment of all his property mentioned in the inventory accompanying his petition, pursuant to an order made by the Hon. C. P. D., one of the judges, &c., and that all the property specified in said inventory has been delivered to me.
In witness, &c., [cs in Certificate of the Assignees.)
I, C. P. D., one of the Judges, &c., send greeting: Whereas A. R against whom an action bas been commenced in oonrt of record
In which action, by the provisions of the act to abolish imprison ment for debt, and to punish fraudulent debtors, he cannot be arrested or imprisoned, did present a petition to me, praying that his property might be assigned, and that he might have the benefit of the said act; which petition contained an account of his creditors, and an inventory of his estate, verified by an affidavit thereunto an. nexed, subscribed by him, and duly sworn to before me. lle also produced satisfactory proof that a copy of the said petition, account and inventory, had been served on the creditors in the said petition Damed, with notice of the time and place of presenting the samo to me, as required by law; and I being satisfied, on hearing the petition, that the proceedings on the part of the petitioner were just and fair, and that he had conformed to the provisions of the said act, ordered that the said petitioner make an assignment of all his property, except such articles as are by law exempt from execution, to M. P., of, &c., the assignee appointed by me; and the said petitioner having made such assignment, and produced evidence that the assignment so made was recorded in the office of the cierk of this county, and also produced a certificate of the assignee that the property of the petitioner, specified in his inventory, had been delivered to the said assignec. Now, therefore, know ye, that by virtue of the power and authority in me vested, and in pursuance of the provisions of the said act, I do grant this dis charge to exonerate the said petitioner from being proceeded against by any creditor entitled to a dividend of his estate. Given under my hand and seal, the
- one thou. Bund eight hundred and
0. P. D., Judge of, &o
of PERSONS APPLYING FOR THE APPOINTMENT OF TRUSTEES TOR
ESTATE OF DEBTOR CONFINED FOR CRIME (TO ACCOMPANY THE
COPY OF THE SENTENCE AND CERTIFICATE OF THE CLERK). STATE OF New.YORK, COUNTY, ss.
A. B., of said county, being duly sworn, says, That C. D., the per. son named in the annexed (or, within) copy of sentence of convio tion, is now actually imprisoned in the State prison at
- , [or, in the penitentiary of, &c.; or, in the county jail of the county of
- in the State of New York, under, and in pursuanco of the said sentence of conviction; and that the said C. D. is indebted to this deponent, [or, to L. M., of, &c.) in the sum of dollars, on accoant, (or, as the case may be,) for goods, wares and merchandise, sold and delivered to the said C. D., by this deponent, lor, by the sail L. M.;) and this deponent therefore makes application for tho appointment of trustees of the estate of the said C. D., according to che statute.
A. B Sworn, &c. (as in Afidavit of Residence of Petitioner.)
Appointment of Trustees, on the Foregoing Application.
By the Hon. D. P., one of the Justices of the Supreme Court of the State of New-York; [or, as the case inay be). Whereas A. B., a creditor (or, a relative) of C. D., (or, a relative of M. D., wife of C. D.,) a debtor confined for crime, did, on the
day of last past, for, instant,) make application to me for the appointment of Trustees to take charge of the estate of the said C. D.; and did also produce a copy of the sentence of conviction of the said C. D., duly certified by P. V., Esq., clerk of the court of specify the court before which the conviction was had,) under his seal of office, by which said court of - the said sentence of conviction was passed; together with an affidavit of the said A. B., that the said C. D. is actually imprisoned under the said sentence, and is indebted to the said A. B., lor, to L. M.,) of, &c., in the sum of dollars. Now, Therefore, 1, the said Justice as aforesaid, do, in pursuance of the authority to me given by the statute concerning, « Attachments against debtors confined for crimes," appoint M. N. and 0. P., two fit persons to be Trustees of the estate of the said C. D., with such powers concerning the estate of the said C. D. as are conferred by the said statute. Given under my hand and seal, this day of, &c.
D. P. (L. s]
Oath of Trustees of the Estates of Debtors. We, M. N. and 0. P., appointed Trustees of the estate of C. D., A debtor confined for crime, (or, as the case may be,) do swear, and each for himself doth swear, that he will well and truly execute the trust by his appointment reposed in him, according to the best of his skill and understanding.
0. P. Sworn &?, (as in Affidavit of Residence of Petitioner.]
NOTES AND BILLS OF EXCHANGE.
The party who makes or signs a note is called tho drawer; the purtv who endorses it, the endorser; the party to whom it is made