Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-03-07

The application shall be annexed to the subpoena
SEC. 5. The subpoena may be served by any
Off er qna flied to serve civil process in said county
and as other subpGnas are served. The debtor
shall have twenty -four hours notice for every
twenty miles travel from his home or place Of abode
at the time of service to the place of the disclosure
Sac. g. At the time and place named In the sub
pgna the debtor shall make. on oath before tho
said commissioner full and true disclosure OF all
matters relating to the condition Of his property
and means, and resources, to transfers. convey.
ances and gifts by him made suffered, to claims
against him, to his accounts with others, and tO
the disposition of his property and earnings He may
be examined by the petitioner upon all such matters
and shall produce all books and papers pertaining
thereto. The disclosure shall be reduced TO writing
II the petitioner require, and signed by the debtor.
SEC =: If It shall satisfactorily appear to said
has in his possession or under his control any con
or United States national bank note currency or
any personal property, that cannot be reached to
be taken execution. and is not exempt there
frem, he may require the said debtor to deliver to
said petitioner enough of said coin or currency at
its par value, or of said other property at its
appraised value to satisfy the amount due on said
Judgment with the costs Of the disclosure proceed
upon the value of such property the same shall be
delivered by the debtor to any officer holding the
execution to be sold thereon II such property
consists Of chooses in action and the parties cannot
agree upon their value, they shall be assigned by
the debtor to the petitioner, if he shall give the
debtor a bond with sufficient surety accepted by
said commissioner, to account fer and pay over to
said debtor the surplus of the proceeds OF such chooses
in action after satisfying said Judgment and costs
real estate disclosed, by filing within Ave days
after said disclosure is completed, in the registry
situated, a certificate stating the names Of the
parties, the amount due on the judgment, and the
fact of the disclosure. Such lien shall continue ten
days from the filing of the certificate aforesaid He
shall have similar lien on personal property
disclosed by filing similar certificate in the Office OF
the clerk Of the town s%ch d e G
said debtor shall not sell, give away, transfer.
eloign, nor conceal any of such property, under
G,,a Ava Trad dol Ia
or imprisonment less than one year. Any person AID
ing the debtor in such sale. gift, transfer, e!oisn-
SEC. 10. If there shall satisfactorily appear t.
said commissioner reasonable cause to believe that
any other person dds any property or credits OF
the debtor in trust for him, in fraud Of his cred
itors or if the petitioner shall make oath that no
believes that such other person so holds property
of the debtor the commissioner shall issue similar
subpoena to such person to appear and testify in
relation thereto such subpoena to be served as sub
penas in civil suits. The testimony of such wit
SEC. II. If the debtor, or any other person duly
served with subpoena as above provided, shall re-,
fuse neglect to t IN shsr sna
before him, and may impose dne not exceedin:
ten dollars and costs of capias and service thereof
for such neglect; and in default OF payment may
commit him to Jail until paid.
SEC. r. If the debtor, or other person duly
served with subpoena, shall refuse to testify IN one
question or if the debtor shall refuse TO make fall
disclosure upon all matters named in the sixth sec
with any proper order of the commissioner, or
perform the duty imposed upon him by the seventh
section, he shall be adjud ged to be in contempt and
be committed to Jail until he purge himself OF such
contempt by compliance or be otherwise discharges
by due process of law. The warrant Of commitment
shall state specifically the contempt Of which the
prisoner is guilty ".r
Sec. 10. The commissioner, for cause shown by
either party, may adjourn the proceedings before
him from time to time, not exceeding five days.
SEC. IA. The commissioner shall be entitled to
fifty cents for subpoena to debtor, twenty five cents
for each extra subpoena, twenty-five cents for
capias, fifty cents for warrant of commitment and
three dollars for each day in hearing the disclosure
and other testimony, The fees of officers shall be
the for servicesof other process of similar
nature. The petitioner may, if the commissioner
authorize it, procure officer to be in attendance
during the proceedings, and the fees for such at
fees shall be paid by the petitioner, and may be
added To ne costs on the iud yment and execution