neceffary wearing apparel and bedding, and the tools or instruments of his trade, not exceeding fifty dollars in value in the whole, excepted) as fet forth and fta ted in his Petition, addreffed and presented to this Court, praying to be relieved from imprisonment in the above caufe, according to the directions of the act of the Legislature of this State, entitled, " An Act for the relief of Debtors with, respect to the imprifonment of their perfons," paffed the 24th of March, 1801, being made and executed by the above Defendant pursuant to the order of this. Court, on motion of Mr. E. F. of Counfel for the Defendant, and in his be balf, Ordered, that the faid Defendant be discharged out of the cuftody of the Sheriff of the County of at the fuit of the above named Plaintiff in the cause

ftated in the faid petition.

PROCEEDINGS UNDER THE "ACT FOR GIVING RELIEF IN CASES OF INSOLVENCY."

Petition of Infolvent Debtor.

TO the Honourable D. T. Efquire, one of the Juftices of the Supreme Court of Judicature of the ftate of New-York, (or "one of the Judges of the Court of Common Pleas, in" &c.)

The Petition of D. L. an infolvent debtor, and of the feveral persons whose names are hereunto fubfcribed, creditors of the faid infolvent, who have debts bona fide owing to them by the faid infolvent, amounting to at least three fourths of all the monies owing by the said infolvent humbly

SHEWETH,

That your Petitioners are defirous that the faid infolvent may obtain the benefit of the act of the legislature of the ftate of New-York, entitled “an act for giving relief in cafes of infolvency," paffed 3d April, 1801-And they do, therefore, pray that the faid infolvent's eftate may be affigned and he be discharged according to the provifions of the faid act: And your petitioners, the credi tors aforesaid, do hereby, in purfuance of the faid act, nominate G. H. to be the affignee of the faid infolvent's eftate. Dated the day of &c.

Affidavit of the Petitioning Creditors.

DUTCHESS COUNTY fs. A. B. a petitioning creditor of D. L. of Poughkeep fe, infaid county of Dutchefs, an insolvent debtor, being duly fworn, faith, that the fam of dollars, lawful money of the ftate of New-York, being the fum annexed to the name of this deponent, subscribed to the petition hereunto annexed, is juftly due to him, this deponent, and that this deponent or any other per.. fon to his ufe, hath not received from the faid D. L. or any other perfon, any, payment of part of his demand againft the faid D. L. in money or by fale, conveyance, affignment or delivery of any lands, tenements, hereditaments, goods,. chattles, or any thing or things in action, or any gift or reward whatsoever, upon any exprefs or fecret, or implied contract, promife, engagement, intent, aruft or confidence, that he, this deponent, fhould become a petitioner for and in behalf of the faid D. L. and further this deponent faith not. Sworn this day of &c. before me.

Account of Creditors, &c.

A fall, juft and true account of all the creditors of D. L. of the town of in the county of an infolvent debtor, and of the monies owing to them ref. pectively, by the said infolvent....(viz.)

Dug

DUE TO E. P. & c.-(State the names of the feveral creditors, and the fums due to them refpectively, and alfo, whether on book, note, &c.)

Dated, &c.

Inventory of Infolvent's eftate.

D. L. Infolvent.

A full, true and juft inventory of all the eftate, both real and perfonal, in law and equity, of D. L. of the town of in the county of and of all the books, vouchers and fecurities relating to the fame.

REAL ESTATE (If any, defcribe it particularly, and alfo notice the incumbrances, if any, upon it....or if there be no real eftate, fay "The faid infolvent has no real estate either in law or equity.")

GOODS and CHATTLES (Setting them forth.)

DEBTS DUE THE INSOLVENT (Name the feveral perfons and the fums due from each, and whether arifing on book, bond, &c.) Dated, &c.

D. L. Infolvent.

Affidavit of putting up a copy of the advertisement of Infolvent, &c. DUTCHESS COUNTY fs. A. B. being duly fworn, depofeth and faith that he did on Monday the day of put up an advertisement, a copy of which is hereto annexed, on the outer door of the Court-Houfe in the county of and that he continued the fame on faid outer door for fix fucceffive Mondays. Sworn, &c. A. B.

Alignment of Infolvent's eftate.

TO all, to whom thefe prefents fhall come or may concern D.L. of &c. an fas folvent debtor, fendeth Greeting: Whereas the faid infolvent, in conjunction with fo many of his creditors as have debts, bona fide, owing to them, by the faid infolvent, amounting at leaft to three fourths of all the money owing by the faid infolvent, in order to obtain a general difcharge, in purfuance of an act of the legislature of the ftate of New-York, entitled. "an act for giving relief in. cafes of infolvency," paffed 3d April, 1801, did on the day of prefent a petition to &c. &c. praying that the faid infolvent's eftate might be affigned, and he be difcharged according to the direction of the faid aft: And whereas the faid infolvent did, at the time of presenting the faid petition, deliver to the faid Judge, &c. a full, juft and true account of all his creditors, and the monies owing to them refpectively, by the faid infolvent, and alfo, a full, true and just inventory of all the eftate, both real and perfonal, in law and equity, of the faid infolvent, and of all books, vouchers and fecurities relating to the fame, and the faid &c. (the Judge) did thereupon adminifter to the faid infolvent the oath in fuch cafe required in and by the act aforefaid: And whereas, after taking the faid oath, notice was given by the faid infolvent and the faid petitioning credi. tors, or one of them, to all the creditors of the faid infolvent, as by the act afore. faid is directed, to fhew caufe, if any they had, at the then next court of Common Pleas, to be holden at &c. in and for the county of &c. on &c. (or "before the said Justice at,” &c.) why an affignment of the faid infolvent's eftate fhould not be made and he be discharged according to the act aforefaid: At which day, no fufficient caufe appearing to the contrary, the faid Court of common Pleas, (or "the faid Justice,”) did direct a grant or affignment of all the faid infolvent's eftate, both in law and equity, in poffeffion, reverfion or remainder, ("except," &c. here defcribe fuch articles as the Court may think proper to except and allow the însolvent to retain, according to the act,) to be made to C. D. being the

perfon

perfon nominated, according to the directions of the act aforefaid,by a majority of the faid petitioners in refpect to the amount of their faid demands on the faid infolvent: NOW THEREFORE KNOW YE that I, the faid infolvent, in pursuance of the act aforefaid, and other the premises above recited, and also for and in confideration of the fum of two dollars, lawful money of the state of New York, to me in hand paid, by the said C. D. at and before the enfealing and delivery of these prefents, the receipt whereof is hereby acknowledged, have granted, bargained, fold, aliened, releafed, conveyed, affigned and fet over, and by thefe prefents do grant, bargain, fell, alien, releafe, affign and fet over unto the faid C. D. his heirs, adminiftrators and affigns, all my lands, tenements, he reditaments, goods, chattles and debts owing and payable unto me the faid in. folvent, and all my eftate, real and perfonal, both in law and equity, in pof fefion, reverfion or remainder whatsoever and wherefoever the fame may be, (ex. cepting &c. here enumerate the articles which the Court or Juftice may think proper to except and allow the insolvent to retain) and all the books, vouchers and fecurities, relating to the fame; and the reverfion and reverfions, remainder and remainders, rents, iffues and profits of all and fingular the faid premifes, and of every part and parcel thereof, and all my eftate, right, title, trust, interest, claim and demand, of, in and to the fame, and every part and parcel thereof, together with all deeds, bonds, notes, mortgages, fecurities, books and evidences of any right or title to the fame, and every or any part or parcel thereof: To have and to hold, ali and fingular, the faid premifes hereby granted, released, conveyed or alligned unto the faid C. D. his heirs, executors, adminiftrators and affigns for ever: IN TRUST NEVERTHELESS to and for the only and sole use, bene. fit and behoof of all my creditors, according to the true intent and meaning of the act aforefaid, and to and for no other intent, ufe or purpose whatfoever. In witnefs whereof I have hereunto fet my hand and feal this day of &c. Sealed and delivered in

the prefence of

in}

Certificats of Affignee.

To all to whom there prefents thall come or may concern, Greeting: I, C.D. of &c. Allignee of D. L. an infolvent debtor, Do, in pursuance of an act of the Legiflature of the ftate of New York, entitled "an act for giving relief in cafes of infolvency," paffed 3d April, 1801, hereby certify and make known, that the faid D. L. hath, by a certain inftrument or writing, bearing date &c. granted, conveyed, affigned and delivered unto me, the faid C. D. for the use; benefit and behoof of all his creditors, all his eftate, real and perfonal, both in law and equity, in poffeffion, reverfion and remainder, (except &c. as in the affignment,) and all the books, vouchers and fecurities relating to the fame. In witnefs whereof I have hereunto fet my hand and feal this Sealed and delivered in the prefence of

Oath to be adminiftered to Affignee.

day of &c.

f. You, C. D. of &c. Affignee of D. L. an irfolvent debtor, do fwear that you will well and faithfully manage the eftate of the faid D. L. and keep and render a true account of all that shall come to your hands of the fame, in purfuance of the act of the legislature of the ftate of New-York, entitled an act for giving relief in cafes of infol rency," pafied 3d April, 1801. -So help you God. Sworn, &c.

C. D.

Form of a Judge's warrant for the attendance of perfons to be examined relative to the eftate &c. of an infolvent debtor.

To C. D. YOU are hereby required and commanded, to appear before me S. T. Efquire, one of the Juftices of the Supreme Court of Judicature of the ftate of New-York, at my dwelling house in the City of (or "before a Court of Common Pleas to be holden at in and for the county of" &c.) on the day of next, at ten o'clock in the forenoon, to give evidence relative to the eftate, debts and credits of J. B. an insolvent debtor: and this you fhall not omit under the penalty of one hundred and twenty five dollars. Witnefs my hand and feal this in the year &c.

day of

S. T. §L. S.S

Difcharge of Infolvent Debtor.

By the Court of Common Pleas, holden at the Court-Houle, in the town of in the county of

of in the year &c.

on the

day

[Or "By the Hon. S. T. Efquire, one of the Juftices of the Supreme Court of Judicature of the People of the State of New-York.

WHEREAS D. L. of &c, an infolvent debtor, did, on the day of &c. in conjunction with fo many of his creditors, whofe demands againft him, ia the whole, amounted to three fourths of all the monies owing by him, prefent their petition to the Hon. D. B. Efq. one of the Juftices of &c. (or "one of the Judges of the faid Court, now here,") fetting forth that the faid D. L. had be come infolvent, and that they were defirous he should be discharged in purfu ance of the act entitled, "an act for giving relief in cafes of infolvency," paffed 3d April, 1801....and praying that the eftate of the faid infolvent might be asfigned and delivered up to C. D. for the benefit of all of the faid infolvent's creditors; to which petition, at the time it was prefented to the faid D. B. Efq. as aforefaid, were annexed the affidavits of the feveral petitioning creditors aforefaid, in the mode prescribed in and by the act aforefaid: And whereas the faid infolvent did, at the time of prefenting the faid petition as aforefaid, deliver unto the faid D. B. Efq. in writing, a full, jaft and true account of all his creditors, and the monies owing to them refpectively, by the faid infolvent; and alfo, a full, true and juft inventory and account of all the eftate, both real and perfonal, in law and equity, of the faid infolvent, and of all books, vouchers and fecurities, relating to the fame: And whereas, alfo, the said D. B. Efq. did adminifter unto the faid infolvent the oath in and by the act aforefaid directed: And whereas, purfuant to the directions of the act aforesaid, notice hath been given by the faid infolvent, and his faid petitioning creditors, or one of them, by advertisement bearing date the day of &c.& published by them. for fix weeks fucceffively, in the newspaper &c. (defcribe the feveral papers in which the advertisement is inferted, and where printed) a copy of which faid advertisement was put up for fix Mondays fucceflively, on the outward door of the Court-Hopfe of the county of &c. being the county in which the faid infolvent then refided: By which advertisement all the creditors of the faid infolvent were notified to fhew caufe, if any they had, before the faid Justice, at &c. [or "before the then next Court of Common Pleas, to be holden at the Court-Houfe in the town of in and for the faid county of" &c ] on the

D 2

day of then

6.

then next, at eleven o'clock in the forenoon of the fame day, being the day by the faid D. B. Efq. for that purpofe appointed, why an affignment of the faid infolvent's eftate fhould not be made for the benefit of all his creditors, and the faid infolvent discharged according to the direction of the act aforesaid: And whereas, no fufficient caufe to the contrary being fhewn to the faid Court now here, [or" to the faid Juftice,"] and the faid Court for the faid Justice") being fatisfied that the faid infolvent is juftly aud truly indebted to the fubfcrib ing petitioners in the furns by them refpectively mentioned, and that fuch fams amount in the aggregate to three fourths of the debts due by fuch infolvent, and that the faid infolvent has comformed in all things to the matters required of him by the aforefaid act, thereupon, on the day of &c. which day had been duly affigned by the faid Court (or "the faid Juftice") for a hearing in the premifes, did direct an affignment of all the eftate of the faid infolvent, real and perfonal, both in law and equity, in poffeffion, reverfion and remainder, except, &c. (here defcribe the articles ordered by the Court &c, to be excepted) to be by the faid infolvent made to the faid C. D. And whereas, the faid infolvent has produced to the faid Court now here, for "to the faid Juftice") a certifi cate under the hand and feal of the faid C. D. executed in the prefence of two witneffes, dated the day of &c. purporting that the faid infolvent had granted, conveyed, affigned and delivered, for the ufe of his creditors, all his eftate, real and perfonal, both in law and equity, in poffeffion, reverfion and remainder, except as aforefaid, and all the books, vouchers and fecurities, rela ting to the fame.

Now therefore the faid Juftice, (or "the faid Court now here,") to wit, on this day of &e. (" of the term of".......) in the year &c. in virtue of the power and authority vefted in the faid Court, (or "the faid Juftice") by law, and in purfuance of the act aforefaid, doth difcharge the faid infolvent from all the debts due by him at the time of the faid affignment or contracted before that time, though payable afterwards, and if in prifon from his confinement. By the Court.

APPENDIX.