§ 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 by that section
from a consenting creditor; which declaration has the same effect as the
declaration of a consenting creditor, as therein specified.