way involves the merits, or necessarily affects the final order. § 2145. The filing of the enrollment in the office of the clerk where the final order is entered, as prescribed in the last section, is a sufficient authority for any proceeding, by or before the body which, or the officer who, made the determination reviewed, which the final order of the cour directs or permits. But where the execution of the final order is stayed by an 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, corpora tion, or other person, or aggregation of persons, whose determination may be reviewed by a writ of certiorari, 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 reviewe i. 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 ari le 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 cer tiorari, 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 TO INSOLVENT DEBTORS AND TO PRISONERS. TITLE II. SUMMARY PROCEEDINGS TO RECOVER THE POSSESSION OF REAL PROPERTY, TITLE TITLE TITLE III.-PROCEEDINGS TO PUNISH A CONTEMPT OF IV. PROCEEDINGS TO COLLECT A FINE. VI.-PROCEEDINGS FOR THE APPOINTMENT OF A COMMITTEE OF THE PERSON AND OF THE PROPERTY OF A LUNATIC. DRUNKARD *UTIES OF TITLE VII.-PROCEEDINGS FOR THE DISPOSITION OF THE REAL PROPERTY OF AN INFANT, LUNATIC, IDIOT, OR HABITUAL DRUNK ARD. TITLE VIII.-ARBITRATIONS. TITLE IX.-PROCEEDINGS TO FORECLOSE A MORTGAGE TITLE TITLE BY ADVERTISEMENT. X.-PROCEEDINGS TO CHANGE THE NAME OF AN INDIVIDUAL. XI.-PROCEEDINGS FOR THE VOLUNTARY DIS- 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 3. Discharge of an imprisoned judgment debtor from imprison ment. 4. Care of the property of a person confined for crime. ARTICLE FIRST. DISCHARGE OF AN INSOLVENT FROM HIS DEBTS. $2140. Who may be discharged. 2151. Contents of petition. 2153. Consent of executor, ad- 2151. Id. of corporation, etc. 2157. Consent of purchaser of 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. 2161. Order to show cause. 2165. How order published and served. 2166. Hearing 2167. Putting cause on calendar. 2168. Opposing creditor to file specifications, and may demand jury trial. § 2169. Id.; to file proofs, if not named in schedule. 2170. Proceedings if jurors do not agree 2171. When insolvent required to produce his non-resi dent wife. 2172. Examination of insolvent. 2173. When insolvent cannot be discharged. 2174. When assignment to be directed. 2175. Assignment; contents, -2177. Effect of assignment. 2179, 2180 Proceedings where 2181. Discharge, etc., to be re- 2182. Effect of discharge. the State. 2185. Insolvent to be released from imprisonment. 2186. Discharge, when void. 2187. Invalidity may be proved or motion to vacate order of arrest, etc. § 1164, Congol. Act. 121 N.Y.241. § 1164, Consol. Act. § 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. [Am'd 1895, amendment to take effect January 1, 1896. Application for such a discharge must be made, by 11 Misc. 610. 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 supreme court. § 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 dis charged 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 his 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, official, 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 creditor in the proceedings, may be made, by either of the partners. § 2156. A creditor's consent does not affect his remedy against any person or persons indebted jointly with the petitioner; and the petitioner's discharge has the effect, as between the creditor and 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. 2157. Where a consenting creditor is the purchaser or assignee of a debt against a petitioner, or the executor, administrator, trustee, or receiver of such a purchaser or assignee, he is deemed, for all the purposes of 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 if they were part of the sum paid for the debt. § 2158. A creditor who has, in his own name, or in trust for him, a 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 belonging to the petitioner, or transferred by him since the lien was created, cannot become a consenting creditor, with respect to the debt so secured, unless he adds to or includes in his consent, a written declaration, under his hand, 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 assignment 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 therefor; 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 affidavit, 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 purchaser 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 indebtedness. 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 consent to the discharge of the petitioner. Where a consenting creditor is an executor, administrator, trustee, receiver, or assignee, he may state the nccessary 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. [Am'd 1889.] A consenting creditor, residing without the State, and within the United States, must 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; provided, however, that when such original specialties, or other written sccurities, are lost, such fact must be stated as a reason for not annexing thereto the consent. and the fact of the loss, and the manner of the loss thereof must be stated in the affidavit of the creditor to the best of his knowledge, or must be otherwise proved by affidavit to the satisfaction of the court; and the court may thereupon, in such case or proceeding by its order, dispense with the annexing to such consent of the original specialties or other written securities. 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 cred. itor, 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. [Am'd 1896, amendment to take effect May 1, 1896.] 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 |