ART. 7. tion thereto, are not sufficiently stated in the return, and the court is satisfied that they cannot be made to appear, by means of an order for a further return. to be de § 2140. The questions, involving the merits, to be deter- Questions mined by the court upon the hearing, are the following, only: termined. 1. Whether the body or officer had jurisdiction of the subject-matter of the determination under review. 2. Whether the authority, conferred upon the body or officer, in relation to that subject-matter, has been pursued in the mode required by law, in order to authorize it or him to make the determination. 3. Whether, in making the determination, any rule of law, affecting the rights of the parties thereto, has been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be proved, in order to authorize the mak ing of the determination. 5. If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an action in the supreme court, triable by a jury, would be set aside by the court, as against the weight of evidence. order hearing. § 2141. The court, upon the hearing, may make a final Final order, annulling or confirming, wholly or partly, or modify upon the ing, the determination reviewed, as to any or all of the parties. tion awarded § 2142. Where the determination reviewed is annulled or Restitumodified, the court may order and enforce restitution, in may be like manner, with like effect and subject to the same conditions, as where a judgment is reversed upon appeal. § 2143. Costs, not exceeding fifty dollars and disburse- Costa. ments, may be awarded by the final order, in favor of or against either party, in the discretion of the court. [28] 217 TITLE 2. Entry and enrollment of final order. Effect thereof. "Body or officer": mination"; what § 2144. 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. § 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 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. § 2146. The expression, "body or officer ", as used in this deter- 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 judg ment, order, decision, adjudication, or other act of such a body or officer, which is subject to be so reviewed. they include. Applica tion of this ar ticle to certain special cases. Id.; to § 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 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. § 2148. This article is not applicable to a writ of certio civil cases rari, brought to review a determination made in any crimionly. nal matter, except a criminal contempt of court. CHAPTER XVII. CERTAIN SPECIAL PROCEEDINGS INSTITUTED TITLE TITLE TITLE TITLE TITLE TITLE I.—PROCEEDINGS RELATING TO INSOLVENT DEBTORS AND TO PRISONERS. II.-SUMMARY PROCEEDINGS TO RECOVER THE POSSESSION OF REAL PROPERTY. III. PROCEEDINGS TO PUNISH A CONTEMPT OF COURT, OTHER THAN A CRIMINAL CONTEMPT. IV. - PROCEEDINGS TO COLLECT A FINE. V.-PROCEEDINGS TO DISCOVER THE DEATH OF A TENANT FOR LIFE. VI.- PROCEEDINGS FOR THE APPOINTMENT OF A COMMITTER OF THE PERSON AND OF THE PROPERTY OF A TITLE 1 TITLE L 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 in solvent debtor. 3. Discharge of an imprisoned judgment debtor from imprisonment. 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. 2154. Id.; of corporation, 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. 2162. Petitioner's schedule. 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 non-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 certificate, etc. 2181. Discharge, etc., to be recorded. 2182. Effect of discharge. 2183. Id.; exception as to foreign contracts or creditors. 2184. Id.; as to debts, etc., to the United States and the State. ART. 1. SEC. 2185. Insolvent to be released from imprisonment. 2186. Discharge; when void. 2187. Invalidity may be proved on motion to vacate order of arrest, etc. be dis § 2149. An insolvent debtor, who is a resident of the Who may State at the time of presenting his petition, may be dis- charged. charged from his debts, as prescribed in this article. court tion to be § 2150. Application for such a discharge must be made, To what by the petition of the insolvent, addressed to the county applica court of the county in which he resides; or, if he resides in made. the city of New-York, to the court of common pleas for that city and county. of peti § 2151. The petition must be in writing; it must be Contents signed by the insolvent, and specify his residence; it must tion. 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. of creditors to be annexed. § 2152. The petitioner must annex to his petition one or Consent 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. |