confirming, wholly or partly, or modifying, the deter mination reviewed, as to any or all of the parties. New. L. 1868, ch. 828, 5; People v. City of Brooklyn, 49 Barb. 136; People v. Reddy, 43 id. 529; People v. Fredericks, 48 id. 173; 33 How. 150 48 N. Y. 70: People v. Ferris, 36 id. 218; s. c. 34 How. 189; People ex rel v. City of Brooklyn, 14 Abb. N. S. 115. § 2142. Restitution may be awarded. Where the determination reviewed is annulled or modified, the court may order and enforce restitution, in like manner, with like effect and subject to the same conditions, as where a judgment is reversed upon appeal. New. See 1292, ante. 2143. Costs. Costs, not exceeding fifty dollars and disbursements, may be awarded by the final order, in favor of or against either party, in the discretion of the court. See 222086 and 2100, ante; also 2007, ante. See People v. Smith, 13 Hun, 227; People v. McDonald, 69 N. Y. 362; People v. Sherman, 15 Hun, 575; People v. Com'rs, etc., 76 N. Y. 65; see 2 R. S. 516, 49 (2 Edm. 533), in certain cases. § 2144. Entry and enrollment of final order. -- The final order of the court upon the certiorari must be entered in the office of the clerk where the writ was returnable. But before it can be enforced, an enrollment thereof must be filed. For that purpose, the clerk must attach together, and file in his office, the papers upon which the cause was heard; a certified copy of the final order; and a certified copy of each order, which in any way involves the merits, or necessarily affects the final order. New. See 2 1237, 1345, and 1354, ante. § 2145. Effect thereof. 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 court 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. New. See 1345, ante. 2146. "Body or officer"; "determination"; what they include.—The expression, "body or officer," as used in this article, includes every court, tribunal, board, corporation, 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 reviewed. New. § 2147. Application of this article to certain special cases. 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 article 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. New. § 2148. Id. to civil cases only. This article is not applicable to a writ of certiorari, brought to review a determination made in any criminal matter, except a criminal contempt of court. New, CHAPTER XVII. CERTAIN SPECIAL PROCEEDINGS INSTITUTED WITHOUT WRIT. TITLE L-PROCEEDINGS RELATING TO INSOLVENT TITLE II.-SUMMARY PROCEEDINGS ΤΟ RECOVER TITLE III.-PROCEEDINGS TO PUNISH A CONTEMPT OF COURT, OTHER THAN A CRIMINAL CONTEMPT. TITLE IV.- PROCEEDINGS TO COLLECT A FINE. TITLE V.- PROCEEDINGS TO DISCOVER THE DEATH OF A TENANT FOR LIFE. TITLE VL-PROCEEDINGS FOR THE APPOINTMENT OF A COMMITTEE OF THE PERSON AND OF THE PROPERTY OF A LUNATIC, IDIOT, OR HABITUAL DRUNKARD; GENE- MITTEE. TITLE VIL-PROCEEDINGS FOR THE DISPOSITION OF LUNATIC, IDIOT, OR HABITUAL DRUNK. TITLE VIII.-ARBITRATIONS. TITLE IX-PROCEEDINGS TO FORECLOSE A MORT GAGE BY ADVERTISEMENT. TITLE X-PROCEEDINGS TO CHANGE THE NAME OF AN INDIVIDUAL. TITLE XI.- PROCEEDINGS FOR THE VOLUNTARY DISSOLUTION OF A CORPORATION. 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. SEC. 2149. Who may be discharged. 2150. To what court application to be made. 2151. Contents of petition. 2152. Consent of creditors to be annexed. 2153. Consent of executor, administrator, receiver, etc. 2155. Id.; of partnership. 2156. Effect of consent where petitioner is a joint debtor. 2157. Consent of purchaser of debt, etc. 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. 2163. His affidavit. 2164. 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 nor-resident wife. 2172. Examination of insolvent. 2173. When insolvent cannot be discharged. 2174. When assignment to be directed. 2175. Assignment; contents, and to whom made. 2176. Id.; trustees, how designated. 2177. Effect of assignment. 2178. When discharge to be granted, 2179, 2180. Proceedings where trustee refuses to give certißonta, etc. 2181. Discharge, etc., to be recorded. 2182. Effect of discharge. 2183. Id.; exception as to foreign contracts or creditors. BEC. 2184. Id.: as to debts, etc., to the United States and the State. 2185. Insolvent to be released from imprisonment. 2186. Discharge; when void. 2187. Invalidity may be proved on motion to vacate order of arrest, etc. 2149. Who may be discharged. — 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. 2 R. S. 16, 21 (2 Edm. 17), amended. Zinn v. Ritterman, 2 Abb. Pr. 261: People v. Sutherland, 16 Hun, 192; Matter of Wrigly, 4 Wend. 602; 8 id. 134; Rosevelt v. Kellogg, 20 Johns. 208, 210; Otis v. Hitchcock, Wend. 433; Jenks v. Stebbins, 11 Johns. 224; People v. Mut. Ins. Co., People ex rel. v. Machado, 16 Abb. Pr. 461; Morewood v. Hollister, N. Y. 309, 316. 2150. To what court application to be made.— Application for such a discharge must be made, by 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 court of common pleas for that city and county. See 3 R. S., 5th ed., 109, 2? 1 and 2 (2 Edm. 35). Matter of Roberts, 70 N. Y. 5. 2151. Contents of petition. 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 discharged 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. New. Rockwell v. McGovern, 59 N. Y. 294; see Rockwell v. Brown, 54 id. 210; Russell and Erwin Man'f'g Co. v. Armstrong, 12 Abb. Pr. 472; 8. c., 10 id. 258; Philips' Case, 43 Barb. 108; s. c., 19 Alb. L. J. 281; Ely . Cook, 28 N. Y. 365; s. c., 9 Abb. 366; Small v. Wheaton, 2 id. 175; Morewood v. Hollister, 6 N. Y. 309; Ellsworth v. Caldwell, 48 id. 680, & ., 18 Abb. 20; 27 How. 188; Beatty v. Beatty, 2 Johns. Ch. 430. 2152. Consent of creditors to be annexed. -The petitioner must annex to his petition one or more writinstruments, executed by one or more of his credit residing in the United States, having debts owing nor them in good faith, then due or thereafter to |