ยง 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.
Structure New York Laws
Article 5 - Judgment Debtor's Discharge From Imprisonment
121 - To What Court Application to Be Made.
122 - When Petition May Be Presented.
123 - Contents of Petition; Schedule.
124 - Affidavit of Petitioner.
126 - Notice to Creditors; When Service Cannot Be Made.
127 - Notice to Creditors; When State a Creditor.
128 - Proceedings on Presentation of Petition.
130 - Proceedings on Adjourned Day.
131 - Assignment; Effect Thereof.
132 - Discharge; When to Be Granted.
133 - Petitioner's Property Still Liable.
134 - When Creditor May Issue New Execution Against Person.
135 - Powers and Duties of Trustee.
136 - Creditor May Notify Debtor to Apply for Discharge.
137 - Effect of Failure So to Apply.
138 - Debtors to State or United States Not to Be Discharged.