§ 23-13. Petition; schedule; inventory; affidavit.
Article2.
Petition of Insolvent forAssignment for Creditors.
§ 23‑13. Petition;schedule; inventory; affidavit.
Every insolvent debtor maypresent a petition in the superior court, praying that his estate may beassigned for the benefit of all his creditors, and that his person maythereafter be exempt from arrest or imprisonment on account of any judgmentpreviously rendered or of any debts previously contracted. On presenting suchpetition, every insolvent shall deliver therewith a schedule containing anaccount of his creditors and an inventory of his estate, which inventory shallcontain
(1) A full and trueaccount of his creditors, with the place of residence of each, if known, andthe sum owing to each creditor, whether on written security, on account, orotherwise.
(2) A full and trueinventory of his estate, real and personal, with the encumbrances existingthereon, and all books, vouchers and securities relating thereto.
(3) A full and trueinventory of all property, real and personal, claimed by him as exempt fromsale under execution.
He shall annex to his petitionand schedule the following affidavit, which must be taken and subscribed by himbefore the clerk of the superior court, and must be certified by such officer:
I, __________________, doswear (or affirm) that the account of my creditors, with the places of theirresidence, and the inventory of my estate, which are herewith delivered, are inall respects just and true; that I have not at any time or in any mannerdisposed of or made over any part of my estate for the future benefit of myselfor my family, or in order to defraud any of my creditors; and that I have notpaid, 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 or desist from opposingmy discharge: so help me, God. (1868‑9, c. 162, ss. 1,2, 3; Code, ss. 2942, 2943, 2944; Rev., s. 1930; C.S., s. 1621.)