reglab/statecodes huggingface dataset:
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 127 - Notice to Creditors; When State a Creditor.

§  127. Notice to creditors; when state a creditor. Where the state is
  a creditor, the papers must be served  upon  the  attorney-general,  who
  must represent the state in the proceedings.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 128 - Proceedings on Presentation of Petition.

§  128. Proceedings on presentation of petition. Upon the presentation
  of the petition, schedule, and affidavit, with due proof of  service  or
  publication,  as  prescribed  in the last three sections, the court must
  make an order, directing the petitioner to be brought before  it,  on  a
  day  designated  therein;  and  on that day, or on such other days as it
  appoints, the court must, in a summary way,  hear  the  allegations  and
  proofs  of  the parties. If the court is satisfied that the petition and
  schedule are correct, and that the petitioner's proceedings are just and
  fair, it must make an order, directing the petitioner to execute, to one
  or more trustees, designated in the order,  an  assignment  of  all  his
  property, not expressly exempt by law from levy and sale by virtue of an
  execution;  or  of  so  much  thereof  as  is  sufficient to satisfy the
  execution or executions, by virtue of which he is imprisoned.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 130 - Proceedings on Adjourned Day.

§  130. Proceedings on adjourned day. An objection to a matter of form
  shall not be received upon an adjourned day; and,  unless  the  opposing
  creditor  satisfies  the  court  that the proceedings on the part of the
  petitioner are not just and fair, the court must direct  an  assignment,
  as  prescribed  in the last section but one, and must grant a discharge,
  as prescribed in the following sections of this article.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 131 - Assignment; Effect Thereof.

§ 131. Assignment; effect thereof. The assignment must be acknowledged
  or proved, and certified, in like manner as a deed to be recorded in the
  county,  and  must be recorded in the clerk's office of the county where
  the petitioner is imprisoned. Where it appears,  from  the  schedule  or
  otherwise,  that  real  property  will pass thereby, the assignment must
  also be recorded as a deed, in the proper office for recording deeds, of
  each county where the real property is situated. The assignment vests in
  the trustee or trustees, for the benefit of the  judgment  creditors  in
  the executions, by virtue of which the petitioner is imprisoned, all the
  estate,  right,  title,  and  interest  of  the petitioner in and to the
  property, so directed to be assigned.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 132 - Discharge; When to Be Granted.

§  132.  Discharge;  when  to  be granted. Upon the production, by the
  petitioner, of satisfactory evidence, that the petitioner  has  actually
  delivered  to the trustee or trustees all the property so directed to be
  assigned, which is capable of delivery; or upon the petitioner's  giving
  security,  approved  by  the court, for the future delivery thereof; the
  court must make an order, discharging the petitioner from  imprisonment,
  by  virtue  of  each  execution, specified in his petition. The sheriff,
  upon being served with a certified copy of the order, must discharge the
  petitioner as directed therein, without  any  detention  on  account  of
  fees.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 133 - Petitioner's Property Still Liable.

§  133.  Petitioner's  property  still  liable. Notwithstanding such a
  discharge, the judgment creditor in the execution has the same remedies,
  against the property of  the  petitioner,  for  any  sum  due  upon  his
  judgment,  which  he  had  before  the  execution  was  issued;  but the
  petitioner shall not, except as is otherwise specially prescribed in the
  next section, be again imprisoned by virtue of  an  execution  upon  the
  same judgment, or arrested in an action thereupon.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 134 - When Creditor May Issue New Execution Against Person.

§  134.  When  creditor may issue new execution against person. If the
  petitioner is convicted of perjury, committed in any of the  proceedings
  upon  his  petition, any judgment creditor, by virtue of whose execution
  he was imprisoned, may issue a new execution against his person.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 135 - Powers and Duties of Trustee.

§  135.  Powers  and  duties  of trustee. The trustee must collect the
  demands, and sell the other property assigned to him. He must apply  the
  proceeds  thereof,  after deducting his commissions and expenses allowed
  by law, as follows:
1. To the  payment  of  the  jail  fees,  upon  the  imprisonment  and
  discharge of the petitioner.
2.  If any surplus remains, to the payment of the creditors, by virtue
  of whose executions the petitioner was imprisoned, when he presented his
  petition; or, if there is not  enough  to  pay  them  in  full,  to  the
  payment,  to  each,  of  a  proportionate  part  of the sum due upon his
  execution.
3. If any surplus remains, he must pay it over to the  petitioner,  or
  his executor or administrator.
Personal  service  upon a creditor, or his attorney, of written notice
  of the time and  place  of  making  a  distribution,  as  prescribed  in
  subdivision  second of this section, has the same effect as publishing a
  notice thereof, in a case prescribed by law.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 136 - Creditor May Notify Debtor to Apply for Discharge.

§  136.  Creditor  may  notify  debtor to apply for discharge. Where a
  person has been imprisoned by virtue of an execution, for the  space  of
  three  months  after he was entitled, by the provisions of this article,
  to apply for a discharge; and has neither made such an application,  nor
  applied  for his discharge under the provisions of article third of this
  chapter; the judgment creditor, by  virtue  of  whose  execution  he  is
  imprisoned,  may serve upon the prisoner a written notice, requiring him
  to apply for his discharge, according to the provisions of this article.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 137 - Effect of Failure So to Apply.

§ 137. Effect of failure so to apply. If the prisoner does not, within
  thirty  days  after  personal service of such a notice, either present a
  petition to the proper court, as prescribed in  article  third  of  this
  chapter,  or  serve,  upon  the  creditor giving the notice, a copy of a
  petition and schedule, with a notice of his intention to apply  for  his
  discharge,   as  prescribed  in  this  article;  or  if,  after  such  a
  presentation or service, he does not diligently proceed thereupon  to  a
  decision,  he shall be forever barred from obtaining his discharge under
  the provisions of this article, or of article third of this chapter.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 138 - Debtors to State or United States Not to Be Discharged.

§ 138. Debtors to state or United States not to be discharged. Neither
  of  the  following  named persons shall be discharged from imprisonment,
  under the provisions of this article:
1. A person owing a debt or duty to the United States.
2. A person owing 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   section
  sixty-three-c  of  the executive law or a judgment recovered upon such a
  cause of action.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 139 - Discharge on Application of Taxpayer.

§  139.  Discharge on application of taxpayer. Where a person has been
  arrested by virtue of an execution  issued  upon  a  judgment  of  fifty
  dollars  or  under,  and  has been kept imprisoned at the expense of the
  county for six months or over, the court  out  of  which  the  execution
  issued  may, on the application of a taxpayer of the county to which the
  support is chargeable, and upon due proof of the service upon the person
  in whose favor such execution was issued, of a notice in writing of  the
  time  when  and the place where such application is to be made, at least
  eight days before the making thereof  discharge  the  prisoner,  and  it
  shall be the duty of the sheriff to forthwith release him from custody.
2023 New York Laws › DCD - Debtor and Creditor › Article 6-A - Right of Set Off Against Unmatured Debts › 151 - Right of Set Off Against Unmatured Debts.

§  151.  Right  of set off against unmatured debts. Every debtor shall
have the right upon:
(a) the filing of a petition  under  any  of  the  provisions  of  the
federal  bankruptcy act or amendments thereto or the commencement of any
proceeding under any foreign bankruptcy, insolvency,  debtor  relief  or
other similar statute or body of law, by or against a creditor;
(b)  the  making of an assignment by a creditor for the benefit of its
creditors;
(c) the application for the appointment, or the  appointment,  of  any
receiver of, or of any of the property of a creditor;
(d)  the  issuance  of  any execution against any of the property of a
creditor;
(e) the issuance of a subpoena or order, in supplementary proceedings,
against or with respect to any of the property of a creditor; or
(f) the issuance of  a  warrant  of  attachment  against  any  of  the
property of a creditor,
to  set  off  and  apply  against  any  indebtedness, whether matured or
unmatured, of such creditor to such debtor, any amount owing  from  such
debtor  to  such creditor, at or at any time after, the happening of any
of the above mentioned events, and the aforesaid right of set off may be
exercised by such debtor against such creditor or against any trustee in
bankruptcy, debtor in possession, assignee for the benefit of creditors,
receiver or execution, judgment or attachment creditor of such creditor,
or against anyone else claiming through or against such creditor or such
trustee in bankruptcy, debtor in possession, assignee for the benefit of
creditors, receivers, or execution,  judgment  or  attachment  creditor,
notwithstanding  the fact that such right of set off shall not have been
exercised by such debtor prior to the making,  filing  or  issuance,  or
service  upon  such  debtor  of,  or  of  notice  of, any such petition;
assignment for the benefit of creditors; appointment or application  for
the  appointment  of  a  receiver; or issuance of execution, subpoena or
order or warrant.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 160 - Trustees for Creditors.

§  160.  Trustees  for  creditors.  All  trustees, appointed under any
  authority, conferred by articles three, four and five of  this  chapter,
  in  the  several  cases  therein contemplated, are hereby declared to be
  trustees of the estate of the debtor, in relation to whose property they
  shall be appointed, for the benefit  of  his  creditors;  and  shall  be
  vested  with  all  the  powers  and authority hereinafter specified, and
  shall be  subject  to  the  control,  obligations  and  responsibilities
  hereinafter declared.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 162 - Two or More Trustees.

§  162.  Two  or  more trustees. When there are more trustees than one
  appointed, the debts and property of the debtor  may  be  collected  and
  received  by  any one of them; and when there are more than two trustees
  appointed, every power and authority conferred by this  chapter  on  the
  trustees, may be exercised by any two of them.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 163 - Death of Trustee; Survivor or Successor.

§  163.  Death  of  trustee;  survivor  or  successor. The survivor or
  survivors of any trustee, shall have all the powers and rights given  by
  this  chapter  to  trustees. All property in the hands of any trustee at
  the time of his death, removal or incapacity, shall be delivered to  the
  remaining  trustee  or trustees, if there be any; or to the successor of
  the one so dying, removed or incapacitated; who may demand and  sue  for
  the same.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 164 - Trustees' Oath.

§  164.  Trustees'  oath. Before proceeding to the discharge of any of
  their duties, all such trustees shall take and subscribe an  oath,  that
  they  will well and truly execute the trust by their appointment reposed
  in them, according to the best of their skill and  understanding;  which
  oath shall be filed with the court that appointed them.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 165 - Vesting of Property in Trustees.

§ 165. Vesting of property in trustees. The trustees taking such oath,
  shall  be  deemed vested with all the estate, real and personal, of such
  debtor, except such as is exempted by articles three, four and five from
  the execution of the assignment, in said articles directed.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 166 - Powers of Trustees.

§ 166. Powers of trustees. The said trustees shall have power:
1. To sue in their own names or otherwise, and recover all the estate,
  debts and things in action, belonging or due to such debtor, in the same
  manner  and with the like effect as such debtor might or could have done
  if no trustees had been appointed, and no set-off shall  be  allowed  in
  any  such  suit,  for any debt, unless it was owing to such creditor, by
  such debtor, before presenting the petition of the insolvent under  said
  articles.  But  no  suit  in  equity  shall  be  brought by assignees of
  insolvents under the third or fourth articles, without  the  consent  of
  the  creditors  having  a  major part of the debts which shall have been
  exhibited and allowed,  unless  the  sum  in  controversy  exceeds  five
  hundred dollars;
2.  To  take  into their hands, all the estate of such debtor, whether
  delivered to them, or afterwards discovered; and all books, vouchers and
  securities relating to the same;
3. From time to time, to sell at public auction, all the estate,  real
  and  personal,  vested  in  them, which shall come to their hands, after
  giving at least fourteen days' public notice of the time  and  place  of
  sale, and also publishing the same for two weeks in a newspaper, printed
  in the county, where the sale shall be made, if there be one;
4.  To allow such credit on the sale of real property by them, as they
  shall deem reasonable, not exceeding eighteen months, for not more  than
  three-fourths  of the purchase money; which credit shall be secured by a
  bond or note of the purchaser, and a mortgage on the property sold;
5. On such sales, to execute the necessary conveyances  and  bills  of
  sale;
6.  To  redeem  all  real  or  personal property subject to a security
  interest or mortgage, and to satisfy  any  judgments  which  may  be  an
  incumbrance  on  any  property so sold by them; or to sell such property
  subject to such mortgages, security interests or judgments;
7. To settle all matters and accounts between  such  debtor,  and  his
  debtors,  or  creditors, and to examine any person touching such matters
  and accounts, on oath, to be administered by either of them;
8. Under the order of the court appointing them, to compound with  any
  person  indebted  to such debtor, and thereupon to discharge all demands
  against such person.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 167 - Notice to Debtors, Bailees and Creditors.

§  167.  Notice  to  debtors,  bailees  and  creditors.  The trustees,
  immediately upon their appointment, shall give  notice  thereof  for  at
  least  three  weeks  in  a  newspaper  published  in  the  county  where
  application was made and therein shall require:
1. All persons indebted to such debtor,  by  a  day  and  at  a  place
  therein  to  be specified, to render an account of all debts and sums of
  money owing by them respectively, to such trustees, and to pay the same;
2. All persons having in their possession any property or  effects  of
  such  debtor,  to  deliver  the  same to the said trustees by the day so
  appointed;
3. All the creditors  of  such  debtor  to  deliver  their  respective
  accounts  and  demands  to  the  trustees or one of them, by a day to be
  therein specified, not less than forty days from the  first  publication
  of such notice.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 168 - Power to Sue Notwithstanding Notice.

§  168.  Power to sue notwithstanding notice. Notwithstanding any such
  notice, the trustees may sue for and recover, any property or effects of
  the debtor, and any debts due to  him,  at  any  time,  before  the  day
  appointed for the delivery or payment thereof.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 169 - Forfeiture for Failure to Comply With Notice.

§  169.  Forfeiture  for  failure  to comply with notice. Every person
  indebted to such debtor, or having the  possession  or  custody  of  any
  property  or  thing  in  action, belonging to him, who shall conceal the
  same, and not deliver a just and true account of such  indebtedness,  or
  not  deliver such property or thing in action, to the trustees or one of
  them, by the day for that purpose appointed, shall  forfeit  double  the
  amount  of such debt, or double the value of such property so concealed;
  which penalties may be recovered by the trustees.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 170 - Warrant on Withholding Account or Property.

§  170.  Warrant  on  withholding  account  or  property. Whenever the
  trustees shall show by their own oath, or other competent proof, to  the
  satisfaction  of  any  judge  of a county court, or in the county of New
  York any justice of the supreme court, that  there  is  good  reason  to
  believe  that  the debtor, the spouse of the debtor, or any other person
  has concealed or embezzled any part of the estate of such debtor  vested
  in  the  said  trustees;  or  that any person can testify concerning the
  concealment or embezzlement thereof; or that any person  who  shall  not
  have  rendered an account as above required, is indebted to such debtor,
  or has property in his or her custody or possession, belonging  to  such
  debtor;  such  judge  or  justice  shall issue a warrant, commanding any
  sheriff or constable, to cause such debtor, the spouse of the debtor, or
  other person, to be brought before him at such  time  and  place  as  he
  shall appoint, for the purpose of being examined.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 171 - Examination of Person Arrested.

§  171.  Examination  of person arrested. The judge or justice issuing
  such warrant, shall examine every person so brought before him, on oath,
  in the presence of the trustees or any of  them,  touching  all  matters
  relative  to  the  debtor,  his  dealings  and  estate, and touching the
  detention or concealment of any part of his property, and  touching  the
  indebtedness  of  any  person  to  such  debtor;  and  shall  reduce the
  examination to writing; which the person so examined is hereby  required
  to sign, and which shall be attested by the judge or justice.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 172 - Imprisonment for Contumacy.

§  172.  Imprisonment  for  contumacy. If any person so brought before
  such  judge  or  justice,  shall  refuse  to  be  sworn,  or  to  answer
  satisfactorily, all lawful questions put to him, or shall refuse to sign
  the  examination,  not  having  a  reasonable  objection  thereto, to be
  allowed by such judge or justice, the judge or justice shall by  warrant
  commit  such  person  to  prison, there to remain without bail, until he
  shall submit to be sworn or to answer  as  required,  or  to  sign  such
  examination;  in  which  warrant  the  particular  default of the person
  committed shall be  specified;  and  if  it  be  in  not  answering  any
  question, such question shall also be specified therein.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 173 - No Discharge for Defects of Form.

§  173.  No discharge for defects of form. If any person so committed,
  shall bring a writ of habeas corpus,  he  shall  not  be  discharged  by
  reason  of  any  insufficiency in the form of the warrant of commitment;
  but the court before whom such person shall be brought, shall  re-commit
  such  person, unless it shall be made to appear that he has answered all
  lawful questions put to him, or had sufficient reason  for  refusing  to
  sign  the  examination,  as the case may be; or unless such person shall
  then answer, on oath, the questions so put to him.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 174 - Penalties for Connivance at Escape.

§  174.  Penalties for connivance at escape. Any sheriff, constable or
  jailer wilfully suffering  any  person  so  committed  or  re-committed,
  pursuant to the foregoing sections, to escape, on conviction thereof, in
  addition to any other punishment the court may inflict, shall forfeit to
  the  trustees  a  sum  equal  to  the  whole  amount of debts due to the
  creditors of such  debtor,  not  exceeding  two  thousand  five  hundred
  dollars.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 175 - Effect of Answers on Examination.

§  175.  Effect of answers on examination. The person so examined, and
  answering to the satisfaction of the court, shall not be liable  to  any
  penalty  imposed  for  concealing  and  not  delivering any property, or
  paying any debt; but his answers on such examination, may  be  given  in
  evidence in the same manner, and with the like effect, as if he had been
  examined  by  such trustees in an action brought by them against him for
  the recovery of such property or debt.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 176 - Reward to Informers.

§  176.  Reward  to  informers.  Any  person who shall discover to the
  trustees any secreted effects, property or things in  action,  belonging
  to  such  debtor,  so  that  they  shall  be recovered by them, shall be
  entitled to ten dollars on the hundred dollars, and at that rate, on the
  value of the effects so discovered, to be paid by the trustees,  out  of
  the  estate of such debtor; but this section shall not extend to persons
  who have such property, effects or things, in their own possession.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 177 - Reference of Disputed Claims.

§  177.  Reference  of disputed claims. If any controversy shall arise
  between the trustees and any other  person  in  the  settlement  of  any
  demands against such debtor, or of debts due his estate, the same may be
  referred  to  one or more indifferent persons, who may be agreed upon by
  the trustees and the party with whom such controversy shall exist, by  a
  writing to that effect signed by them.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 178 - Application for Appointment of Referee.

§  178.  Application  for  appointment  of referee. If such referee or
  referees be not selected by agreement, then the trustees  or  the  other
  party  to  the controversy, provided no action at law is pending arising
  out of any such debts or demands, may serve a notice of their  intention
  to  apply  to  a judge of the court which appointed said trustees, or to
  any justice of the supreme court  at  chambers,  residing  in  the  same
  district  with  said  trustees,  for  the  appointment  of  one  or more
  referees, specifying the time and place when such  application  will  be
  made,  which notice shall be served at least ten days before the time so
  therein specified.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 179 - Appointment of Referee.

§ 179. Appointment of referee. On the day so specified, upon due proof
  of  the  service  of  such  notice, the judge or justice before whom the
  application is made may in his discretion proceed to select one or  more
  referees, the same in all respects as they are now selected according to
  the rules and practice of the supreme court.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 180 - Entry of Order of Reference.

§  180. Entry of order of reference. The judge or justice by whom they
  shall be  selected,  shall  certify  such  selection  in  writing.  Such
  certificate,  or the written agreement of the parties, shall be filed by
  the trustees in the office of the clerk where the order  appointing  the
  trustees  is  entered;  and  an order shall thereupon be entered by such
  clerk appointing the persons  so  selected  referees  to  determine  the
  controversy.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 181 - Powers, Duties and Compensation of Referees.

§  181.  Powers,  duties  and  compensation of referees. Such referees
  shall have the same powers, and  be  subject  to  the  like  duties  and
  obligations,  and  shall  receive  the  same  compensation,  as referees
  appointed by the supreme court, in actions pending therein.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 182 - Filing and Effect of Referees' Report.

§  182.  Filing  and  effect  of  referees'  report. The report of the
  referees shall be filed in the same office where  the  order  for  their
  appointment  was  entered,  and shall be conclusive on the rights of the
  parties, if not set aside by the court.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 183 - Commission to Take Testimony Out of County.

§ 183. Commission to take testimony out of county. When any witness to
  such  controversy shall reside out of the county where the said trustees
  resided at the time  of  their  appointment,  the  referee  or  referees
  appointed  to  hear  said  controversy  shall  have  power  to  issue  a
  commission or commissions in like manner as justices of  the  peace  are
  now  authorized  to  issue the same, and the testimony so taken shall be
  returned to said referee or referees in the same  manner,  and  be  read
  before  them  on  a  hearing,  in  like  manner  as  testimony  taken on
  commission before justices of the peace.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 184 - Sale of Property and Accounts of Trustees.

§  184. Sale of property and accounts of trustees. The trustees shall,
  as speedily as possible, convert the estate, real and personal, of  such
  debtor,  into  money.  They  shall  keep a regular account of all moneys
  received by them as trustees; to which, every creditor, or other  person
  interested  therein,  shall  be  at liberty, at all reasonable times, to
  have recourse.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 185 - Meeting of Creditors and Notice Thereof.

§  185.  Meeting of creditors and notice thereof. The trustees, within
  fifteen months from the time of their appointment, shall call a  general
  meeting  of the creditors of such debtor, by a notice to be published in
  the same manner, as hereinbefore directed respecting the publication  of
  the notice of their appointment; in which notice, they shall specify the
  place  and time of such meeting, which time shall not be more than three
  months, nor less than two months after the  first  publication  of  such
  notice. Every such notice shall be published at least once in each week,
  until the time of such meeting.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 186 - Proceedings at Creditors' Meetings.

§  186.  Proceedings at creditors' meetings. At such meeting, or other
  adjourned meeting thereafter, all accounts and demands, for and  against
  the  estate of such debtor, shall be fairly adjusted, as far as the same
  can be ascertained, and the  amount  of  moneys  in  the  hands  of  the
  trustees declared.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 187 - Payment of Disbursements and Commissions of Trustees.

§  187.  Payment  of disbursements and commissions of trustees. Out of
  the moneys in their  hands,  the  trustees  may  first  deduct  all  the
  necessary disbursements made by them in the discharge of their duty, and
  a commission at the rate of five per centum on the whole sum which shall
  have come into their hands.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 188 - Preferred Debts.

§ 188. Preferred debts. They shall pay all debts due by such debtor to
  the  United States, and all debts due by him to persons who, by the laws
  of the United States, have a preference in consequence  of  having  paid
  money as sureties of such debtor.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 189 - Distribution of Moneys.

§  189.  Distribution  of moneys. They shall distribute the residue of
  the moneys in their hands, among all  those  who  shall  have  exhibited
  their  claims as creditors, and whose debts shall have been ascertained,
  in proportion to  their  respective  demands,  and  without  giving  any
  preference to debts due on specialties, as follows:
1. In proceedings under the third and fourth articles of this chapter,
  among  those  who  were  creditors  at  the time of the execution of the
  assignment by the insolvent;
2. In proceedings under the fifth article, among those  creditors,  at
  whose  suit  the  debtor  was imprisoned on execution at the time of his
  discharge.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 190 - Preference of Debts Owing by Debtor as Trustee.

§  190. Preference of debts owing by debtor as trustee. In making such
  distribution, the trustees shall first pay all debts that may  be  owing
  by  the  debtor  as guardian, executor, administrator or trustee; and if
  there be not  sufficient  to  pay  all  debts  of  the  character  above
  specified,  then  a distribution shall be made among them, in proportion
  to their amounts respectively.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 191 - Payment of Debts Before Maturity.

§  191.  Payment  of  debts  before  maturity.  Every person to whom a
  debtor, except one proceeding under the fifth article, shall be indebted
  on a valuable consideration, for any sum of money not due at the time of
  such distribution, but payable afterwards, shall receive his  proportion
  with  other  creditors,  after deducting a rebate of legal interest upon
  the sum distributed, for the time unexpired of such credit.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 192 - Set-Off of Mutual Debts or Credits.

§  192.  Set-off  of  mutual debts or credits. Where mutual credit has
  been given by any debtor, except a debtor  proceeding  under  the  fifth
  article  of  this  chapter,  and  any other person, or mutual debts have
  subsisted between such debtor and any other person, the trustees may set
  off such credits or debts, and pay the proportion or receive the balance
  due. But no set-off shall be allowed of any claim or debt,  which  would
  not have been entitled to a dividend as hereinbefore directed.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 193 - No Set-Off in Certain Cases.

§  193.  No  set-off  in certain cases. No set-off shall be allowed by
  such trustees, of any claim or debt, which shall have been purchased by,
  or transferred to, the person claiming its allowance,  which  could  not
  have  been  set off by him, according to the provisions of this article,
  in a suit brought by such trustees.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 194 - Provision for Pending Actions.

§  194. Provision for pending actions. If, at the time any dividend is
  made, any action or proceeding be pending against the trustees, in which
  a demand against such debtor may be established, the trustees may retain
  in their hands, the proportion which would  belong  to  such  demand  if
  established,  and  the  necessary  costs  and expenses of such action or
  proceeding, to be applied according to the event of such  proceeding  or
  action, or to be distributed in a second or other dividend.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 194-A - Provision for Contingent or Unliquidated Liabilities.

§  194-a. Provision for contingent or unliquidated liabilities. If, at
  the  time  any  dividend  is  made,  there  shall  be  a  contingent  or
  unliquidated   claim   against   the  debtor  or  an  outstanding  bond,
  recognizance or undertaking  upon  which  the  debtor  shall  have  been
  principal, surety or indemnitor, the trustees must retain in their hands
  for  such  period  or  periods  as  the court having jurisdiction of the
  matter may by order direct a sum of money sufficient to  pay  a  due  or
  equal  proportion  of said dividend upon such contingent or unliquidated
  claim or liability if  and  when  the  same  shall  be  established  and
  liquidated.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 195 - Penalties Recovered.

§  195. Penalties recovered. All penalties which shall be recovered by
  any trustees, pursuant to the  provisions  of  this  article,  shall  be
  deemed  a  part of the estate of the debtor, and shall be distributed as
  such among his creditors.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 196 - Subsequent Dividends.

§  196.  Subsequent dividends. If the whole of such debtor's estate be
  not distributed on the first dividend, the trustees  shall,  within  one
  year  thereafter,  make a second dividend of all the moneys belonging to
  the estate of the debtor, then  in  their  hands,  among  the  creditors
  entitled  thereto as hereinbefore specified; and in the same manner from
  year to year, so long as any moneys belonging  to  the  estate  of  such
  debtor  shall  remain  in  the  hands of the trustees, they shall make a
  dividend thereof among the creditors entitled thereto.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 197 - Provision for Neglectful Creditors.

§ 197. Provision for neglectful creditors. Any creditor who shall have
  neglected  to  deliver  to the trustees an account of his demand, before
  the first, second, third or other dividend, and who  shall  deliver  his
  account  to  them before the second, or other subsequent dividend, shall
  receive the sum he would have been entitled to, on any former  dividend,
  before any distribution be made to other creditors.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 198 - Unclaimed Dividends.

§  198.  Unclaimed  dividends.  If  any  dividend that shall have been
  declared, shall remain unclaimed by the person entitled thereto for  one
  year  after  the  same  was  declared, the trustees shall consider it as
  relinquished, and shall distribute it, on any subsequent dividend, among
  the other creditors.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 199 - Disposition of Surplus.

§  199.  Disposition  of  surplus. If after settling the estate of any
  debtor, and after discharging his debts, entitled  to  a  dividend,  any
  surplus  shall  remain  in  the hands of his trustees, the same shall be
  paid to such debtor or his legal representatives.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 200 - Allowance to Debtor.

§ 200. Allowance to debtor. Every debtor who shall be discharged under
  the third or fourth articles of this chapter shall be allowed the sum of
  five  per  centum  on  the  net produce of all his estate, that shall be
  received by the assignees, to be paid to him by them, in case  such  net
  produce,  after  such  allowance  made,  shall  be sufficient to pay the
  creditors of such debtor, entitled to a dividend,  the  sum  of  seventy
  cents  on  the dollar, on the amount of their debts respectively, as the
  same shall have been ascertained;  but  the  said  allowance  shall  not
  exceed in the whole, the sum of five hundred dollars.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 201 - Accounting by Trustees.

§ 201. Accounting by trustees. Within ten days after any dividend made
  by  any  trustees,  they shall render on oath and file with the clerk of
  the court where the order appointing them  was  entered  an  account  in
  writing of all their proceedings in the premises, stating:
1. Their disbursements, commissions and the dividends made by them;
2.  The  names  and residences of the creditors to whom dividends were
  made, and the names of those actually receiving them;
3. The property, moneys and effects of the debtor remaining  in  their
  hands, and the value and situation of such property.
And  such  trustees  may  at  any time be compelled by an order of the
  supreme court, or of the county  court  of  the  county  in  which  they
  reside,  to  render  such  account  on  oath,  on the application of the
  debtor, or of any creditor.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 202 - Trustees Subject to Order of Court.

§  202.  Trustees  subject  to  order of court. Such trustees shall be
  subject to the order of the supreme court, and of the  county  court  of
  the  county  in  which  they were appointed, upon the application of any
  creditor, or of any debtor in respect to whom they  were  appointed,  in
  relation  to  the  execution of any of the powers and duties confided to
  them; and they may be removed by such court, for cause shown.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 203 - Appointment of Substitute Trustee.

§  203.  Appointment of substitute trustee. Whenever any trustee shall
  be removed, or shall die, or become incapacitated to perform his duties,
  the court which originally appointed such trustee, after giving  notice,
  and  an  opportunity  to  the  creditors  to propose proper persons, may
  appoint another in  the  place  of  such  trustee,  who  shall,  in  all
  respects, have the like powers and authority, and be subject to the same
  control,  obligations  and  responsibilities;  and  the said appointment
  shall be  certified  and  recorded,  as  the  original  appointment  was
  required to be recorded.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 204 - Application by Trustee for Leave to Renounce.

§  204.  Application  by  trustee  for  leave to renounce. Any trustee
  appointed pursuant to the  provisions  of  this  chapter  who  shall  be
  desirous  of  renouncing the trust vested in him, may apply to the court
  from whom his appointment was received, for  an  order  to  all  persons
  interested, to show cause why such renunciation should not be accepted.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 205 - Account Upon Application.

§ 205. Account upon application. Such application shall be accompanied
  by  a  full,  true  and  just  account  of  all the transactions of such
  trustees, in that character, and particularly of  the  property,  moneys
  and  effects received by him; of all payments made, whether to creditors
  or otherwise; and of the remaining effects and estate of the debtor,  in
  respect  to  whom, or whose estate, he was appointed trustee, within his
  knowledge, and the situation of the same.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 206 - Verification of Account.

§  206.  Verification of account. To such account shall be annexed the
  affidavit of the trustee, that the said account is in all respects  just
  and true, according to the best of his knowledge and belief.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 207 - Order to Show Cause.

§  207. Order to show cause. The court shall thereupon grant an order,
  directing notice to be given to all persons interested in the estate  of
  the  debtor,  in  respect  to  whom  or  whose  estate  such trustee was
  appointed, to show cause on a day, or at a term and at a  place  therein
  to  be  specified,  why  he  should  not  be  permitted  to renounce his
  appointment.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 209 - Hearing.

§  209.  Hearing.  On  the day appointed for such hearing, and on such
  other days as shall from time to time be appointed, if it  shall  appear
  that  notice  was  duly  published,  the court shall proceed to hear the
  proofs and allegations of the parties.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 210 - Order Permitting Renunciation.

§  210.  Order  permitting  renunciation.  If it shall appear that the
  proceedings of such trustee, in relation to his trust,  have  been  fair
  and honest, and particularly in the collection of the property and debts
  vested  in  him; and if such court be satisfied, that for any reason, it
  is inexpedient for such trustee to continue  in  the  execution  of  the
  duties  of  his  appointment,  and  that  such duties can be executed by
  another trustee, without injury to the estate of the debtor, or  to  the
  creditors;  and if no good cause to the contrary appear, the court shall
  grant an order, allowing such trustee to renounce his  appointment,  and
  to assign the property and effects of the debtor.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 211 - Assignment by Renouncing Trustee.

§  211.  Assignment  by  renouncing  trustee. Such assignment shall be
  executed by such trustee, to such person, or persons, as the court shall
  appoint for that purpose; and in the appointment, such persons as  shall
  have  been  named to be assignees by the creditors of such debtor, or by
  the major part of them, shall be preferred, if approved by such court.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 212 - Effect of Assignment.

§  212.  Effect  of  assignment. Such assignment shall transfer to the
  persons to whom it shall be made, all the remaining estate and  effects,
  vested  in  the  trustee so renouncing; and such new assignee shall have
  the same powers, be subject to the same duties, and be entitled  to  the
  same  compensation, as the original trustee; and shall continue any suit
  that may have been commenced by such original trustee, in his  name,  or
  in that of such new assignee.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 213 - Order for Discharge of Trustee From Trust.

§  213.  Order  for discharge of trustee from trust. Upon producing to
  the court allowing such assignment, the  certificate  of  the  assignee,
  duly  proved  by the oath of a subscribing witness, that such assignment
  has been duly made, and the property capable of delivery,  belonging  to
  such  debtor,  together  with  all  the  books,  vouchers and documents,
  relating to the estate of such debtor, has been duly delivered; and also
  a certificate of  the  county  clerk,  that  such  assignment  has  been
  recorded;  such  court  shall grant to the trustee so applying, an order
  that he be discharged from his trust.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 214 - Effect of Order.

§  214.  Effect  of order. Upon such order being granted, such trustee
  shall be discharged from the trust reposed in him,  and  his  power  and
  authority  shall  thereupon cease; but he shall, notwithstanding, remain
  subject to any liability he may have incurred, at any time  previous  to
  the granting of such order, in the management of his trust.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 215 - Recording Order and Filing Papers.

§  215.  Recording  order and filing papers. Such new assignment, upon
  being duly proved or acknowledged, shall be recorded in  the  office  of
  the  clerk of the county where the order appointing the original trustee
  was entered;  and  the  petition  of  the  trustee,  the  affidavit  and
  proceedings  thereon, with the certificate of the new assignee, shall be
  filed in the same office.
2023 New York Laws › DCD - Debtor and Creditor › Article 7 - Trustees for Insolvent and Imprisoned Debtors › 216 - Payment of Expense of Renunciation.

§  216.  Payment  of  expense  of  renunciation.  The  expense  of all
  proceedings in effecting such renunciation and assignment, shall be paid
  by the trustee making the application.