The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-03-30

section 4. Such magistrate shall thereupon
issue under his hand and seal a subpoena to
the debtor, commanding him to appear before
such magistrate within said county, in the
town in which the debtor, the petitioner, or his
attorney, resides, OF at the shire town OF said
county, at a time and place therein named, to
make full and true disclosure, oath, of all
his business and property affairs. Where
plaintiff or his attorney of record resides in
one county and defendant in another the
debtor may be commanded to appear before
such magistrate in any town in the county
where the defendant resides The application
shall be annexed to the subpoena.
SECT. s. Section five of said chapter as
amended by chapter three hundred and thir-
teen of the Public Laws of eighteen hundred
and ninety three, is hereby further amended,
so as to read as follows:
Section D. The subpoena may be served by
any officer qualified to serve civil process i'll
said county, by giving him in hand a certified
copy of the subpoena, i'll which case 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 disclosure or, said subpoena may be
served by said officer by leaving at his last
and usual place of abode certified copy of
the same, seven days least before the time
appointed for the hearing
SECT 6. Section seven of said chapter is
hereby amended by adding thereto the follow
ing words If the petitioners is absent or does
not propose Undergraduates, the commissioner
shall conduct the examination so that said
section, as amended, shall read as follows
Section Z. The petitioner may propose to
the uGUtOI lHtcIlOSdGOrleS pertinent 10 lno
inquiry, and if he requires it, they shall be an
swered in writing aud signed and sworn to by
the debtor. If the petitioner is absent or does
not propose interrogatories, the commissioner
shall conduct the examination
SECT. Z. Section nine of said chapter is
hereby amended by inserting in the thirteenth
and before the word eff" the words except
where the original debt was for necessaries
the debtor shall not be required to assign any
sums due him as wages for his personal labor
Q1sraad xxyifh N VT Inc fhl
date Of the disclosure and not exceeding TWEEN
ty dollars, so that said section, as amended,
shall read as follows:
Section 8. When from such disclosure it
appears that the debtor possesses, or has under
his control, any bank bills, notes, accounts,
bonds OF other contracts OF property, not eX-
empted by statute from attachment, which
cannot be come at to be attached, and the Pc
titioner and debtor cannot agree to supply the
same towards the debt the magistrate hearing
the disclosure, shall appraise and set Off enough
of such property to satisfy the debt, cost and
charges; and the petitioner or his attorney, if
present. may select the property to be ap-
praised. If the petitioner accepts it, it may be
assigned and delivered to him by the debtor,
and applied toward the satisfaction of his de-
mand. Except where the original debt was
Tor necessaries, the debtor shall not be required
to assign any sums due him as wages for his
personal labor earned within one month next
preceding tho date of the disclosure and not
exceeding twenty dollars. If any particular
article OF such property, necessary OF conven-
lent to be applied in satisfaction of the execu-
ton, exceeds the amount due thereon, and is
not Invisible In its nature, the petitioner may
take 1t, by paying the overpluS to the debtor
or securing it to the satisfaction of the magis-
trate
SECT. 8. Section fourteen of said chapter, as
amended by chapter three hundred and thirteen,
section three of the public laws Of eighteen
hundred and ninety-three, is hereby amended
by inserting in the third line Of said section
after the word ssshall,' and before the word
issue. the words upon the request of the
petitioner; by striking out the word "execu-
ting" in the seventh line of said section and
substituting therefor the word serving; by
sixth line OF said section and by adding to said
section the words after the question of costs
OF issuing and serving said capias has been thus
oetermlned, such debtor or other person shall
submit himself to the examination required by
his original subpoena SO that said section, as
amended, shall read as follows:
Section IA. If the debtor or any other person
duly served with subpoena as above provided,
refuses or neglects to appear, the magistrate
shall upon the request Of the petitioner issue
capias to bring said debtor or other person be-
fore him, and If upon hearing, said debtor or
other person does not show good cause for his
failure to appear, he may be ordered to pay
the costs OF issuing and serving said capias.
After the question of costs of issuing and sery-
ing said capias has been thus determined such
debtor or other person shall submit himself to
the examination required by his original SUBJ
poena.'
SECT. 9. Section sixteen of said chapter is
hereby amended SO as to read as follows:
issued the summons Is unable to attend, any
other commissioner may attend and take the
disclosure, and, for cause shown by either
from time to time.'
SECT. 10. Section twenty of said chapter is
hereby amended by inserting after the word
the eighth line of said section, the words
where the original debt, exclusive of costs,
exceeds ten dollars and not otherwise and by
adding to said section the words where the
original debt. aycluSiVp of costs aYpnpda
dollars, and not otherwise so that said Sec
ton, as amended, shall read as follows:
Section 20. If upon such disclosure the
debtor fails to obtain the benefit of the oath
provided for in section eight, the magistrate
shall, under his hand and seal, indorse q GER
tifieate Of that fact upon the execution in force
at the time Of said disclosure, and copy of
said certificate shall be Endorsed on every
subsequent execution issued on said judgment,
or on any Judgment founded thereon, and such
subsequent execution shall run against the
body of said debtor, where the original debt
exclusive OF costs exceeds ten dollars and not
otherwise. The magistrate shall also issue q
caplas under his hand and seal, and annex the
same to said execution in force at the time of
said disclosure, and the debtor may be arrest
ed and imprisoned on said capias and execu-
actions of tort where the original debt exclu-
sive of costs exceeds ten dollars and not 9TH
erwise.'
ter is hereby amended by striking out the first
three words of said section and substituting
therefor the words, IF a debtor cited to dis |
close on judgment where the original debt
exclusive of costs exceeds ten dollars and by
striking out all after the word Subpoena in
the third line of said section and substituting
therefor the words the petitioner may have a
default recorded and then proceed as In section
twenty, or, have capias to bring in such
debtor and proceed as in section fourteen, so
that said section, as amended, shall read as
follows:
Section q. If debtor cited to disclose on |
Judgment where the original debt exclusive of
costs exceeds ten dollars, fails to appear and
submit himself to examination, at the time
and place named in subpoena, the petitioner
may have q default recorded and then proceed
as in section twenty or have capias to bring
in such debtor and proceed as in section four
teen as amended
SECT. II. Section twenty six of said chapter
is hereby repealed and the following enacted
in place thereof:
Section %. Every commissioner shall keep
q correct and sufficient record of the proceed |
ings under each citation, stating the names of
the parties, the amount of the judgment on
which the disclosure is sought the dates of
application, of the issuance of subpoena and
of the return day thereof, and of all hearings,
adjournments, and continuances; also whether
the debtor appeared or was brought in on ca |
pias or was defaulted; whether a disclosure |
was had and If 80 what property was dis
closed; whether the oath was administered or
refused. and if refused the record shall state |