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Laws of Chapter 1908.... 500.... Code Civil Procedure...

Section All 20, to and including words

county charges ” ; 28; 31, pt. relating to boards of supervisors; 88; 89, words "shall be kept ” to “prescribed by law,” and last three sentences; 112, 121, 182–189; 203, first sentence and pt. making county charge; 356, last sentence; 358, to and including words "county court thereof "; 744, pt. relating to fees of county clerk; 961, pt. relating to county clerk and register; 1966, first sentence; 1967, 1968; 2414, last sentence; 8285.


Laws 1909, Chap. 17.

AN ACT relating to debtors and creditors, constituting chapter

twelve of the consolidated laws.

Became a law, February 17, 1909, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:


DEBTOR AND CREDITOR LAW Article 1. Short title ($ 1).

2. General assignments for the benefit of creditors

(S$ 2–29).
3. Insolvent's discharge from debts (88 50–88).
4. Insolvent's exemption from arrest and imprisonment

(88 100-111).
5. Judgment debtor's discharge from imprisonment

(S$ 120–139).
6. Discharge of bankrupt from judgment ($ 150).
7. Trustees of insolvent and imprisoned debtors

(S$ 160–218).
8. Compositions by joint debtors (S$ 230–233).
9. Payment of debts of incompetent person (S$ 250–

10. Laws repealed; when to take effect (S$ 280, 281).

Goueral Amendment by th. 360. Lorus 1914,


Short Title

Section 1. Short title.

8 1. Short title.

This chapter shall be known as the “Debtor and Creditor Law.

General Assignments for the Benefit of

Section 2. Jurisdiction of proceedings.

3. Requisites of general assignment.
4. Debtor's schedule.
5. Notice to creditors to present claims.
6. Bond of assignee.
7. Further security.
8. * Discharge of assignee; accounting; correction of

9. Failure to file bond.
10. Action on bond; application of recovery.
11. Proceedings in case of death of assignee.
12. Citation for judicial settlement of account.
13. Citation on petition of creditor.
14. Service of citation.
15. Time of service of citation.
16. Service by publication.
17. Personal service without the state.
18. Service upon minors and incompetent persons.
19. Service upon partners.
20. Appearance of claimants not cited.
21. Power of court on accounting.
22. Examination of witnesses.
23. Effect of orders; power of judge and duties of clerk.
24. Sale and compromise of claims.
25. General powers of court.
26. Trial, costs and commissions.
27. Wages preferred claims.
28. Limitation of preferences.
29. Appraisal of insolvent estate in the hands of as-

§ 2. Jurisdiction of proceedings. The term “ judge”
when used in this article shall apply equally to a county judge of
the county within which the assignment is recorded and to justices
of the supreme court, and the term "court” when used in this
article shall, in like manner, apply to the county court of such
county and to the supreme court. All applications hereunder
made in the supreme court shall be made to the court, or a justice
thereof within the judicial district where the assignment is re
corded, and all proceedings and hearings under this article had
in the supreme court upon the return of a citation shall 68 had at
a special term of said court held in the county where the judge

So in original.
† 29 inserted by L. 1909, ch. 240, $ 10.

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Montdebtor resided at the time of the assignment, or in case of
an assignment by copartners, in the county where the principal
place of business of such copartners was at the time of such
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Menet 8 3. Requisites of general assignment. Every conveyance or assignment made by a debtor of his estate, real or per

1914 sonal, or both, to an assignee for the creditors of such debtor, Ch.360 shall be in writing, and shall specifically state therein the residence and the kind of business carried on by such debtor at the time of making the assignment, and the place at which such business shall then be conducted, and if such place be in a city, the street and number thereof, and if in a village or town such apt designation as shall reasonably identify such debtor.

Every such conveyance or assignment shall be duly acknowledged before an officer authorized to take the acknowledgment of deeds and shall be recorded in the county clerk's office in the county where such debtor shall reside or carry on his business at the date thereof. An assignment by copartners shall be recorded in the county where the principal place of business of such co partners is situated. When real property is a part of the property assigned, and is situated in a county other than the one in which the original assignment is required to be recorded, a certified copy of such assignment shall be filed and recorded in the county where such property is situated. She asegmei a Berporalis

The assent of the assignee, subscribed and acknowledged by him, shall appear in writing, embraced in or at the end of, or indorsed

upon the assignment, before the same is recorded, and, if separate by a Tarynarken The's soft, lean the audienc, shall, at the date thereof or within twenty days thereafter, cause 1914 to be made, and filed with the county clerk, of, the county where ch.360 such assignment is recorded at inventory or schedule containing:

1. The name, occupatioû, place of residence, and place of business, of such debtor;

2. The name and place of residence of the assignee;

3. A full and true account of all, the creditor of such debtorated stating the last known place of residence of each, the sum owing to cach, with the true cause and consideration 'therefor, and a full statement of any existing security for the payment of the same;

4. A full and true inventory of all such debtor's estate at the date of such assignment, both real and personal, in law and in equity, with the incumbrances existing thereon, and of all vouchers and securities relating thereto, and the nominal as well as actual value of the same according to the best knowledge of such debtor; and a chain for such emphaus ante ray be cutleid To.

5. An affidavit made by such debtor, that the same is in all respects just and true.

and felé In case such debtor shall omit, neglect or refuse to make and dolivor such inventory or schedule within the twenty days re quired, the assignee named in such assignment shall, within thirty do days after the date thereof, cause to be made, and filed as aforesaid such inventory or schedule as above required, in so far as he can; and for such purpose the judge shall, at any time, upon the application of such assignee, compel by order such delinquent debtor, and any other person to appear before him and disclose, upon oath, any knowledge or information he may possess, necessary to the proper making of such inventory or schedule. The assignee shall verify the inventory and schedule so made by him, to the effect that the same is in all respects just and true to the best of his knowledge and belief.

In case the said assignee shall be unable to make and file such inventory or schedule, within said thinko days, the judge may, upon application upon oath, showing such inability, allow him such further time as shall be necessary, not exceeding sixty days. If the assignee fail to make and file such inventory or schedule within said thirty days or such further time as may be allowed, the judge shall require, by order, the assignee forthwith to appear before him, and show cause why he should not be removed. Any person interested in the trust estate may apply for such order and demand such removal. The books and papers of such delinquent debtor shall at all times be subject to the inspection and examination of any creditor. The judge is authorized, by order, to require such debtor or assignee to allow such inspection or examination. Disobedience to such order is a contempt, and obedience to such order may be enforced by attachment. Crew Sub bro zno 2) added

§ 5. Notice to creditors to present claims. The 1914

judge may, upon the petition of the assignee, authorize him to advertise for creditors to present to him their claims, with the vouchers therefor, duly verified, on or before a day to be specified in such advertisement, not less than thirty days from the last publication thereof, which advertisement or notice shall be published in twe, newspapers, to be designated by the judge, as most likely to give notice to the persons to be served, not less

than once a week for six successive weeks. Armend.

§ 6. Bond of assignee. The assignee named in any such 1914

assignment shall, within thirty days after the date thereof, and 1.360 before he shall have any power or authority to sell, dispose of or


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