23-31. Petition; contents; verification.
The petition shall set forth cause of the imprisonment, with the writ or process and complaint on which the same is founded, and shall have annexed to it a just and true account of all his estate, real and personal, and of all charges affecting such estate, as they exist at the time of filing his petition, together with all deeds, securities, books or writings whatever relating to the estate and the charges thereon; and also what property, real and personal, the petitioner claims as exempt from sale under execution, and shall have annexed to it on oath or affirmation, subscribed by the petitioner and taken before any person authorized by law to administer oaths, to the effect following:
I, ______________, the within named petitioner, do swear (or affirm) that the within petition and account of my estate, and of the charges thereon, are, in all respects, just and true; and that I have not at any time or in any manner disposed of or made over any part of my property, with a view to the future benefit of myself or my family, or with an intent to injure or defraud any of my creditors: so help me, God. (R.C., c. 59, s. 3; 1868-9, c. 162, ss. 12, 13; Code, ss. 2953, 2954; Rev., s. 1922; C.S., s. 1639.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 23 - Debtor and Creditor
Article 4 - Discharge of Insolvent Debtors.
§ 23-23 - Insolvent debtor's oath.
§ 23-24 - Persons imprisoned for nonpayment of costs in criminal cases.
§ 23-25 - Petition; before whom; notice; service.
§ 23-26 - Warrant issued for prisoner.
§ 23-27 - Proceeding on application.
§ 23-28 - Suggestion of fraud.
§ 23-29 - Persons taken in arrest and bail proceedings, or in execution.
§ 23-30 - When petition may be filed.
§ 23-30.1 - Provisional release.
§ 23-31 - Petition; contents; verification.
§ 23-32 - Notice; length of notice and to whom given.
§ 23-33 - Who may suggest fraud.
§ 23-34 - Where no suggestion of fraud, discharge granted.
§ 23-35 - Continuance granted for cause.
§ 23-36 - Where fraud in issue, discharge only after trial.