The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1824-03-16

\ the coanty where the debtor resides, and a
near As may be to such debtors residence, or K
the place where such arrest may BE- made be
fore which Justice, the person SO arrested ma,
make such complaint OF his inability 10 psy tbs
debt Tor which he Is arrested, OF 10 support him
seli ~ prison, a. i provided, in and BY the aCl
aforesaid, for the relief OF poor debtors. AnC
upon such complaint It shall be the duty Of sale
Justice To make out notification IN writing
under his hand aud seal, thereby signifying h
the creditor or creditors, such debtors desire 10
take the privilege and benefit allowed in and by
the act % which this Is additional and 1t such
time and place Is said Justice Of the Peace may
appoint, within the county where such arrest 4
made Tor the intended caption Of the oath 81
affirmation. allowed by said act aud the mott
hcation shall be served in the same manner aud
torm, as is prescribed in the act aforesaid, 81
teen days az least, before the time appointed for
taking such oath OF affirmation and on lhs re-
turn thereof TO the Justices Of the Peace and
quorum, who may be selected for that purpose,
the same or like proceedings, as near as NAV BE-,
shall be had at the time and place appointed for
taking the oath or affirmation prescribed aud
allowed 20 poor debtors in the act aforesaid.
And IA I'll cases certificate 81 the proceedings
o. the Justices aforesaid, shall be forthwith re-
turned to the keeper Of the gaOl 81 the county
IA which the debtor may reside Preceded,
however, That before any debtor arrested as a.
toresaid, shall be entitled to the benefit of the
provisions herein contained, he shall procure a
bond, with good and sufficient surety or sure
ties, 70 the satisfaction OF the officer making
such arrest, in the full amount Of the debt and
I costs, and all legal costs arising thereon, for
which such debtor may be arrested that he will
appear at the time and place appointed for tax
ing the oath or affirmation aforesaid and fur
ther, that in case the Justices of the quorum to
whom such notification may be returned, shall
not allow said debtor TO discharge himself BY
by taking the requisite oath or affirmation
that said debtor shall surrender himself 10
the officer by whom such arrest shall have
been made, or TO the keeper of the gaoI of
said county, within ten days after such Justices
shall disallow the oath or affirmation aforesaid.
to such debtor, to be dealt with in the same
manner as If no such proceedings had been had.
as are hereby provided.
! SECT. 2. Be 1t further enacted, That whenever
at any examination to be had before any Justi-
ces OF the quorum, pursuant To the provisions of
this act, or of that 70 which the same is addi-
tional, at the request Of any debtor, for the pur-
pose OF taking the oath or affirmation allowed BY
the acts aforesaid, such debtor shall disclose and
offer to the creditor on whose execution he NAV
have been arrested, any and all the estate, real
exempted by law from attachment which said
debtor may have or hold, so that the same may
be taken in execution, if the creditor shall not
within thirty days therefrom, cause the same to
be taken in execution, the person Of said debtor
so disclosing, shalt tOreveratterwards be exempt
ed from arrest on said execution, or from any
judgment that NAV be obtained thereon but
no creditor shall be compelled to take real e..
tate to satisfy an execution Provided, however
That any creditor having an execution in his
favor on judgment recovered before any jus
ltice Of the Peace, may, if he prefer in the case:
aforesaid, cause his execution To be satisfied by
levy on the real estate so disclosed and in thai
case the form of the execution shall be varied
accordingly And the said debtor zLsll be hold
en- on his bond, until the expiration Of the a
foresaid thirty days, together with his surety d
sureties.
SECT. 8. Be Il further enacted, That if any
: lperson or persons, who shall take the oath OF
affirmation aforesaid, shall be convicted of hav
ling had, at the time of arrest on execution a,
, aforesaid, or afterwards and before the time o
taking such oath or affirmation, any lands mo
: ney, goods or demands not exempted from al
) tachment, whereby be might have discharged
the debt, in whole or in part or shall have sold
: leased or otherwise conveyed, concealed, Of
disposed Of, or intrusted his estate or any PAR
thereof directly or indirectly, contrary to- the
, oath or affirmation aforesaid, he shall, on cou
: viction thereof, not only be liable to the pain
and penalties Of wful perjury, but shall receiv,
r no benefit from said oath or affirmation
: Sect 4. BE It further enacted, That the pro
visions of this act shall not be considered as ex
: tending to any debts or contracts existing prio
? TO the first day of July next: And that all pro
: visions of any former laws inconsistent with thi
act, or any part thereof, be, and they hereby ar
: repealed. GThis Act passed Feb 25th, 1874