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In the matter of Y. Z., an alleged indigent lunatic.

COUNTY OF

88.

Insolvency.

966. Certificate of County Judge.

APPLICATION having been made to me by A. B. [or, by the overseers of the poor] of the town of ⚫, for an examination in regard to the mental state and alleged indigence of Y. Z., of said town; I thereupon directed [naming them] two reputable physicians of said town to examine the said Y. Z. in regard to his mental condition; and they having made such examination, and having certified to me that the said Y. Z. is a confirmed lunatic, and that his going at large would endanger his own person and the person and property of others; and having received proof that he is in indigent circumstances: I HEREBY CERTIFY that it satisfactorily appears to me, from said evidence and proof, that the said Y. Z. is a lunatic, and that he has not sufficient estate of any kind for the support of himself [and his family] in his aforesaid state and condition. WITNESS etc., as in preceding form].

CHAPTER XLIX.

INSOLVENCY.

UNDER the statutes of New York, an insolvent debtor may in certain cases ob tain a discharge from his debts, upon executing an assignment of all his estate for the benefit of his creditors. The petition for that purpose must be signed by the debtor and by so many of his creditors residing in the United States as have debts [owing to them in good faith by such debtor], either due or to become due, and amounting to at least two-thirds of all the debts owing by him to creditors residing within the United States. Executors and administrators may become petitioning creditors by obtaining leave of the surrogate, themselves then becoming liable only for such portion as they receive. Trustees, receivers and assignees of the estate of any creditor of an insolvent may also apply by leave of the Supreme Court. Creditors of any copartnership firm or of any joint debtors may unite with any one or more of such firm or joint debtors for the discharge of such partner or joint debtor.

Such petitions are to be presented to a justice of the Supreme Court, a county judge or the recorder of a city.

The things necessary to give the officer jurisdiction, so as to make his proceedings and his discharge conclusive, are as follows :(a)-1. A petition signed by the debtor and two-thirds in amount of his creditors residing within the United States. 2. The affidavits of the petitioning creditors, taken before an officer authorized to take affidavits to be read in courts of record, to the

(a) Rusher v. Sherman, 28 Barb., 416.

Petition.

amount, nature and consideration of the debt, and that the creditor has received nothing to become a petitioner. 3. A full and true account of creditors, the amounts due, the consideration, a statement of any security, and a full inventory. 4. An affidavit by the petitioner, before the officer to whom the petition is made,(b) of the correctness of his petition, etc. 5. Proof of residence within the county where the officer resides.

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986. Petition after action commenced, or pending proceedings under non-imprisment act.....

498

967. Petition for Discharge.(c)

To Hon. M. N., county judge in and for the county of

county of

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The petition of A. B., of the city of an insolvent debtor, now actually an inhabitant of the said city, and so many of his creditors, residing within the United States, as have debts in good faith owing to them by the said insolvent, amounting to at least two-thirds of all the debts owing by him to creditors residing with the United States, prays that the estate of the said insolvent may be assigned unto [here name the] assignee nominated by the said creditors to receive the same for the benefit of his creditors; and further, that the said insolvent may be discharged from his debts, according to the provisions of the statute for the discharge of an insolvent from his debts. [Signature of insolvent.]

[Date.]

[Add signatures of petitioning creditors, with the sums due them set opposite their names.(d)]

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Insolvency.

COUNTY OF

968. Affidavit to the Insolvent's Residence.(e)

88.

I, O. P., do swear that A. B., in the annexed petition named, is an inhabitant actually residing within the city of

SWORN before me, this

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COUNTY OF
C. D., of

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county of

[Signature.]

969. Affidavit of a Petitioning Creditor.

88.

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one of the petitioning creditors of A. B., an insolvent debtor, being duly sworn, says, that the sum of dollars, lawful money of the United States, being the sum annexed to the name of this deponent, subscribed to the petition, is justly due to him from the said insolvent for goods, wares and merchandise, sold and delivered [or, for cash lent and advanced] by deponent to said A. B. [and if any security has been taken therefor, specify it—e. g., thus:] secured by the note of A. B., dated the day of after date [or, by note of dated, etc., etc., and indorsed by said A. B.]; and that neither he, nor any person to his use, has received from the said insolvent, or any other person, payment of any demand, or any part thereof, in money or in any way whatever, or any gift or reward whatsoever, upon any express or implied trust or confidence, that he should become a petitioner for the said insolvent. SWORN [etc., as in Form 858].

18 and due

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[Signature.]

970. Affidavit of a Partner, Where a Firm Unite in the Petition. COUNTY OF

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88.

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C. D., of a partner of the firm or copartnership of C. D. & Co., of and who, as one of the copartners, and in their behalf, has subscribed to the petition the name or firm of their said copartnership, as petitioning creditors of A. B., an insolvent debtor, being duly sworn, says, that the sum of dollars, lawful money of the United States, being the sum annexed to the name of the said copartnership subscribed to the petition, is justly due to them from the said insolvent, for [here state the debt, and security, if any, as in preceding form, continuing:] and that neither he, nor any member of said firm, nor any person to his or their use, hath received from the said insolvent, or any other person, payment of any demand, or any part thereof, in money, or in any other way whatever, or any gift or reward whatsoever, upon any express or implied trust or confidence,

ment or other security on the real or personal property of the debtor, he must add to his signature, " And I hereby relinquish to the assignees who shall be appointed pursuant to this petition the [here desig

nate the security] for the benefit of all the creditors of such debtor."

(e) This affidavit is commonly made by the assignee.

Insolvent's debts.

Assets.

that he or they should become a petitionor or petitioners for the said insolvent. [Signature of the partner.]

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A. B., the above-named insolvent, being duly sworn, says that the places of residence of the creditors of this deponent residing in the United States, where such place is known to deponent, are as follows-that is to say:

[Names of creditors.]

SWORN [etc., as in Form 858].

[Places of residence.]

[Signature.]

972. Schedule of Insolvent's Debts.

A full and true account of all the creditors of A. B., an insolvent debtor, with the place of residence of each, the sum owing to each of them by the said insolvent, the nature of each debt, with the true cause and consideration thereof, and the place where the same accrued.

CREDITORS.

RESIDENCE.

AMOUNT.

NATURE OF DEBT, AND THE
TRUE CAUSE AND CON-
SIDERATION THEREOF.

ACCRUED AT

Smith & Co..... New York...... $269.42 Promissory notes for New York.

Taylor & Co.... Boston...

John Robinson..

John Cox....... Philadelphia....

Lucian Roberts. Montgomery Co.

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[Etc., setting forth all, and adding signature of insolvent.]

973. Inventory of Insolvent's Assets.

A FULL and true inventory of all the estate, both real and personal, in

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Insolvency.

brances existing thereon, and of all the books, vouchers and securities relating thereto, and the value of such estate.

Real estate, none [or, if any, describe it; and specify other property thus:]

Necessary wearing apparel, all of which is exempted by law from execu

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974. Affidavit of the Insolvent to His Proceedings.

I, A. B., do swear, that the account of my creditors, and the inventory of my estate, which are annexed to my petition and herewith delivered, are in all respects just and true; and that I have not, at any time or in any manner whatsoever, disposed of or made over any part of my estate, for the future benefit of myself or my family, or in order to defraud any of my creditors; and that I have in no 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. Sworn to and subscribed in the

presence of and before me,
this day of

[Signature of the judge.]

18 .

975. Order Requiring Creditors to Show Cause.

[Signature.]

IT IS HEREBY ORDERED, that all the creditors of A. B., an insolvent debtor, be required to show cause, if any they have, before me, on the

next, at o'clock in the

noon, at

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at the City Hall in the city of why an assignment of the said insolvent's estate should not be made, and he be discharged from his debts, pursuant to the provisions of the statute for the discharge of an insolvent from his debts. Notice of which is to be published for ten weeks in the State paper, and in the newspaper printed in the city of the newspaper printed in the city of I hereby direct that notice of this order be served either in person or by letter, on each of the creditors of the said A. B., insolvent, residing in the United States, and whose place of residence is known to the said A. B., insolvent. And the service of the notice of this order shall be made on each of the said creditors, in person or by letter, addressed to him by mail, at his known and usual place of residence. If such service shall be personal, then it shall be at least twenty days, and if by mail, then forty days, before the said

[Date.]

day of

next.

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