Section 353. Contents of petition  


Latest version.
  • 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 application, and that the  application
      is  made to the proper court; the name and residence of each person, who
      is entitled to make such an  application,  as  prescribed  in  the  last
      section  but  one,  except  the  fifth  subdivision thereof; and a brief
      description of the property, real and personal, of the prisoner, and the
      value thereof. If the applicant is a creditor, and not a resident of the
      state, he must annex to his petition, the papers  specified  in  section
      sixty-two  of  the  debtor and creditor law. If any of the facts, herein
      required to be set forth can not be ascertained by the petitioner, after
      the exercise of due diligence, that fact must be stated; and  the  court
      may, in its discretion, issue a subpoena, requiring any person to attend
      and  testify,  respecting any matter, which, in its opinion, ought to be
      more fully and certainly set forth.