§ 353 — Contents of petition

§ 353. Contents of petition. The petition must be in writing, and\nverified by the affidavit of the petitioner, to the effect, that the\nmatters of fact therein stated are true, to the best of the petitioner's\nknowledge and belief. It must set forth the facts, showing that the\napplicant is entitled to make the application, and that the application\nis made to the proper court; the name and residence of each person, who\nis entitled to make such an application, as prescribed in the last\nsection but one, except the fifth subdivision thereof; and a brief\ndescription of the property, real and personal, of the prisoner, and the\nvalue thereof. If the applicant is a creditor, and not a resident of the\nstate, he must annex to his petition, the papers specified in section\nsixty-two of the debtor and creditor law. If any of the facts, herein\nrequired to be set forth can not be ascertained by the petitioner, after\nthe exercise of due diligence, that fact must be stated; and the court\nmay, in its discretion, issue a subpoena, requiring any person to attend\nand testify, respecting any matter, which, in its opinion, ought to be\nmore fully and certainly set forth.\n