§ 350. When and to what court application to be made. Where a person is imprisoned in a state prison, for a term less than for life or in a penitentiary or county jail, for a criminal offense, for a longer term than one year; one or more trustees, to take charge of his property, […]
§ 351. Who may apply. A petition for such an appointment may be presented by either of the following persons: 1. A creditor of the prisoner. 2. The prisoner’s husband, wife, or child. 3. One or more of his next of kin, or, where he owns real property, of his heirs presumptive. 4. A relative […]
§ 352. Creditor must relinquish security. A creditor of the prisoner, who has a judgment, mortgage, or other security, specified in section fifty-nine of the debtor and creditor law, can not apply for such an appointment, with respect to the debt so secured, unless he appends to or includes in his petition, the declaration, required […]
§ 353. Contents of petition. The petition must be in writing, and verified by the affidavit of the petitioner, to the effect, that the matters of fact therein stated are true, to the best of the petitioner’s knowledge and belief. It must set forth the facts, showing that the applicant is entitled to make the […]
§ 354. Copy of sentence and affidavit to be presented. The petition must be accompanied with a copy of the sentence of conviction of the prisoner, duly certified by the clerk of the court by which he was sentenced, under the seal thereof; together with an affidavit of the applicant, stating that the person so […]
§ 355. Proceedings upon presentation of the papers. Upon the presentation of the papers, the court may, in its discretion, make an order, either appointing one or more fit persons trustees of the property of the prisoner; or requiring all creditors of the prisoner, and all persons interested in his estate, to show cause, at […]
§ 356. Proceedings on return of order to show cause. Upon the return of an order to show cause, made as prescribed in the last section, proof of the service thereof, as required thereby, must first be made; whereupon the court must hear the allegations and proofs of the creditors, and other persons interested in […]
§ 357. Effect of order appointing trustee. The entry of the order, appointing one or more trustees, and the filing of the papers upon which it was granted, vests in the trustee or trustees all the right, title and interest of the prisoner, in and to any property, real or personal. Where the prisoner owns […]
§ 358. Removal of trustee; appointment of new trustee. Upon the application of any person, entitled to apply for an order, appointing trustees of the prisoner’s property, and upon such a notice as the court prescribes, to the petitioner, and to such other persons interested, as the court thinks proper to designate, the court, by […]
§ 359. Prisoner’s property; how applied. After deducting their commissions and expenses, allowed by law, and paying the prisoner’s debts, the trustees may, from time to time, under the direction of the court by which they were appointed, apply the surplus of any money in their hands, to the support of the prisoner’s spouse and […]
§ 360. Prisoner’s property to be delivered to him on his discharge. When the prisoner dies, or is lawfully discharged from imprisonment, the trustee or trustees must deliver over to him, or to his legal representatives, all his property, remaining in their hands, after deducting therefrom their lawful expenses and commissions.
§ 361. Application of this article to persons heretofore sentenced. This article applies to a prisoner who has been sentenced before this chapter takes effect, and to his property; except where one or more trustees of his property have been theretofore appointed, by proceedings taken in pursuance of a statute then in force.
