TITLE 1. discharge. Effect of § 2182. Except as prescribed in the next two sections, a discharge, granted as prescribed in this article, exonerates and discharges the petitioner from every debt, due at the time when he executed his assignment, including a debt contracted before that time, though payable afterwards; and from every liability incurred by him, by making or indorsing a promissory note, or by accepting, drawing, or indorsing a bill of exchange, before the execution of his assignment; or incurred by him, in consequence of the payment, by any party to such a note or bill, of the whole or any part of the money secured thereby, whether the payment is made before or after the execution of the assignment. id.; exception as to foreign § 2183. In either of the following cases, such a discharge does not affect a debt or liability, founded upon a contract, contracts unless it was owing, when the petition was presented, to a resident of the State; or the creditor has executed a consent to the discharge; or has appeared in the proceedings; or has received a dividend from the trustee : or creditors. Id.; as to debts, etc., to the United States and the State. 1. Where the contract was made with a person, not a resident of the State. 2. Where it was made and to be performed without the State. 3. Where the creditor was not, at the time of the dis charge, a resident of the State. § 2184. Such a discharge does not affect: 1. A debt or duty to the United States; or 2. A debt or duty to the State, for taxes or for money received or collected by any person as a public officer, or in a fiduciary capacity, or a cause of action specified in sec 232 tion 1969 of this act, or a judgment recovered upon such a cause of action. Except as prescribed in this section, the discharge exonerates the petitioner from a debt or other liability to the State, in like manner and to the same extent, as from a debt or liability to an individual. ART. 1. to be from im ment. § 2185. If, at the time when the discharge is granted, Insolvent the petitioner is under arrest, by virtue of an execution released against his person issued, or an order of arrest made, in an prisonaction or special proceeding, founded upon a debt or liability from which he is discharged, as prescribed in the foregoing sections of this article, he must be released from the arrest, upon producing to the officer his discharge, or a certified copy of the record thereof. If the adverse party wishes to test the validity of the discharge, he may procure a new order of arrest, or cause a new execution to be issued, as the case requires. § 2186. A discharge, granted as prescribed in this arti- Discle, is void, in either of the following cases: 1. Where the petitioner wilfully swears falsely, in the affidavit annexed to his petition or schedule, or upon his examination, in relation to any material fact, concerning his property or his debts, or to any other material fact. 2. Where, after presenting his petition, he sells, or in any way transfers or assigns, any of his property, or collects any debt or demand owing to him, and does not give a just and true account thereof, upon the hearing or trial, and does not pay the money so collected, or the value of the prop erty so sold, transferred, or assigned, as prescribed in this article. 3. Where he secretes any part of his property, or a book, voucher, or paper relating thereto, with intent to defraud his creditors. [30] 233 charge when void. TITLE 1. Invalidity may be 4. Where he fraudulently conceals the name of any creditor, or the sum owing to any creditor, or fraudulently misstates such a sum. 5. Where, in order to obtain his discharge, he procures any person to become a consenting creditor, for a sum not due from him to that person in good faith, or for a sum greater than that for which the holder of a demand, purchased or assigned, is deemed a creditor, as prescribed in this article. 6. Where he pays, or consents to the payment of, any portion of the debt or demand of a creditor, or grants or consents to the granting of any gift or reward to a creditor, upon an express or implied contract, trust, or understand. ing, that the creditor so paid or rewarded should be a consenting creditor, or should abstain or desist from opposing the discharge. 7. Where he is guilty of any fraud whatsoever, contrary to the true intent of this article. § 2187. Where a person, who has been discharged as preproved on scribed in this article, is afterwards arrested by virtue of an vacate order of arrest made, or an execution issued, in an action motion to order of arrest. etc. founded upon a debt or liability from which he is so discharged, the adverse party may oppose his application to be released from the arrest, by proof, by affidavit, of any cause for avoiding the discharge, for want of jurisdiction, or as specified in the last section. If such a cause is established, the application must be denied. 234 ABT. 2. ARTICLE SECOND. EXEMPTION FROM ARREST, OR DISCHARGE FROM IMPRISONMENT, OF AN SEC. 2188. Who may be exempted, and by what court. 2189. Contents of petition. 2190. Petitioner's schedule. 2191. His affidavit. 2192. Order to show cause. 2193. Hearing, etc. 2194. Order directing assignment; assignment pursuant thereto. 2195. When discharge to be granted; effect thereof. 2196. Discharge to be recorded, etc. 2197. Petitioner to be released from imprisonment. 2198. Debts not affected, etc. 2199. Discharge, when void. be ex and by court. $2188. An insolvent debtor may be exempted from who may arrest, or discharged from imprisonment, as prescribed in empted this article. For that purpose, he must apply, by petition, what to the county court of the county in which he resides, or is imprisoned; or, if he resides or is imprisoned in the city of New-York, to the court of common pleas for that city and county. A person, who has been admitted to the jail liberties, is deemed to be imprisoned, within the meaning of this article. of peti § 2189. The petition must be in writing; it must be Contents signed by the insolvent, and specify his residence, and also, tion if he is in prison, the county in which he is imprisoned, and the cause of his imprisonment. 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 235 TITLE 1. er's the provisions of this article, for the purpose of being exempted from arrest and imprisonment, as prescribed therein; and it must pray, that upon his so doing, he may thereafter be exempted from arrest, by reason of a debt, arising upon a contract previously made; and also, if he is imprisoned, that he may be discharged from his imprisonment. 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. Petition- § 2190. The petitioner must annex to his petition, a schedule. schedule, in all respects similar to that required of an insolv ent, as prescribed in section 2162 of this act. His affidavit. show cause. 2191. 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 which the order specified in the next section is made, must be annexed to the schedule: “I, do swear" (or "affirm", as the case may be,) "that the matters of fact, stated in the schedule hereto annexed, are, in all respects, just and true; that I have not, at any time, or in any manner whatsoever, disposed of or made over any part of my property, not exempt by express provision of law from levy and sale by virtue of an execution, for the future benefit of myself or my family, or disposed of or made over any part of my property, in order to defraud any of my creditors; and that I have not paid, secured to be paid, or in any way compounded with, any of my creditors, with a view that they or any of them should abstain from opposing my discharge ". Order to § 2192. The petition, and the papers annexed thereto, must be presented to the court, and filed with the clerk. The court must thereupon make an order, requiring all the creditors of the petitioner to show cause before it, at a |