The Somerset reporter., 1897-04-01

attorney, resides, or at the shire town of said
county, at thine and place therein named to
make fun and true disclosure, On oulh, OF hll
lis business and property affairs. Where
ptaintiR 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
whore tho defendant resides. The application
shall he annexed to the subpoena.
SECT 3. Section i've OF sail chapter as
amended by chapter three hundred aad thlr
teen Of the Public Laws of eighteen hundred
and ninety three, IL hereby further amended
SO as 10 read as follows:
section 3. The subpoena may be served bY
any officer qualified to serve civil process In
said county, by giving him in hand certified
copy OF the subpoena, in which case the debtor
shall have tWcutyiOur hours notice for
eXsfy twenty miles travel from his nome OF
place " abode II the time ot service 10 the
pl0ee OF disclosure, or, said subpoena may 10
served By said officer by leaving AT his last
and sual piHce " abode a certified copy of
the same seven days least before the time
appointed Tor the hearing
-Ecr. 8. Section seven of said chapter IS
hereby amended by adding thereto the follow.
Ing words; If the petitioner 10 absent o. does
not propose interrogatorfes, the cOmialss ioner
shah conduct the examination SO that said
section, rs amended shall read rs follows;
section !. The petitioner may propose to
the debtor an interrogatorie3 pertinent 10 tho
inquiry, and II no requires It, thoy shall be an
swercd in writing and signed and sworn 10 By
the debtor. If Lhe petitioner Is absent or does
not propose interro Rtories, the commissioner
shall conduct the elimination
SECT. I. Section nine OF said chapter IS
hereby amended by inserting in he thirteenth
line OF said section alter tlle word "dsmand2
and before the word "it," the words except
where thu original debt was for necessaries
the debtor shall not be required 10 assign any
sums due him as wages Tor his personal labor
earned within one month next preceding the
date OF the disclosure and not exceeding TWEEN
tv DOLLARS so that said section, as amended,
shall read as follows:
section .. When from such disclosure It
appears that the debtor possesses, or has under
hls control, any bank bills, notes, accounts,
bonds or other contracts or property, not OK
empted by statute from attachment, which
cannot be come AT 10 be attached, and the pc
titioner and debtor cannot agree to supply the
same towards the debt the mag strate hearing
the disclosure shall appraise and set oil enough
OF such property 10 satisfy the deot, cost and
charges; and the petitioner or his attorney. il
present, may select the property TO be APP
praised II the petitioner accepts 1t, IL 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
for neccssaries, the debtor shall not be required
to assign any sums due him as wages for his
personal labor earned within one month next
preceding the date of the disclosure and not
exceeding twenty dollars. II any particular
article OF such property necessary or conven-
lent TO be applied In satisfaction of the execu-
ton, excesds the amount due thereon, and Ia
not divlsible In Its nature, the petitioner may
take 1t, by paying the overplus to the debtor
or securing 1t to the satisfaction OF the magis-
trate.
4. o.
amended by chapter threo hundred and thirteen,
section three Of the public laws Of eighteen
hundred and ninety-tlree, Is hereby amended
by inserting In the third line of said section
after tho word "shall" and before tho word
tissue, tho words upon the request OF the
petitioner; by striking out the word "eXecu-
ting in tho seventh limo Of said section and
substituting therefor the word serving; by
striking out all after the word "capias' in the
sixth line of said section and by adding TO said
section the words after tho question of costs
rf and ineya Q1aio hal hna
determined, such debtor or other person shall
submit himself to tho examination required by
his original subpoena so that said section, As
amended, shall read as followsi
Section IA. II the debtor or any other person
duly served with subpoena AZ above provided,
refuses or neglecb tn appear, the magistrate
shall upon the request OF the petitioner Issue
capias to bring said debtor or other person bo-
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 costa of Issuing and serving said caplas.
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 sub
ppna.'
SECT. 0. Section sixteen of said chapter Ia
hereby amended so as TO read rs follows:
Section Is. In case tho commissioner who
Issued the summons 10 unable to attend, any
other commissioner may attend and take the
disclosure and, for cause shown by either
party, the examination may be adjourned
from time 70 time
SECT 10. section twenty OF said chapter is
hereby amended by inserting after the word
debtor" and before the word 1.-THE" In
tho eighth line OF said section, the words
where the original debt, exclusive OF costs,
exceeds ton dollars and not otherwise and by
adding to said section the words where the
original debt exclusive of costs, exceeds ten
dollars, and not otherwise so that said SEQ
ton, ms amended, shall read as follows:
section 20. IL upon such disclosure the
debtor fails to obtain the benefit OF the oath
provided for in section eight, tho magistrate
Snail, under his hand and zeal, indorse GER
ttticate OF that fact upon the execution in force
at the time Of said disclosure, and q 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. Ths magistrate shall also Issue a
capias under his hand and seal, and annex the
Same TO said execution in force al the time Of
said disclosure, and the debtor may be arrest
cd and imprisoned on said capias and execu-
ton, the same as upon executions issued In
actions of tort, where tho original debt eXclu-
siye OF costs exceeds ten dollars and not 9th
erwise.
SECT. IL Section twenty-one Of said chap.
ter Is hereby amended by striking out tho first
three words of said section and substituting
therefor the words, III 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" III
the third line OF said section and substituting
liioi SloA huc NoiuS bLo pcbAOiOhcI may hdNoa
default recorded and then proceed as In section
twenty, or, have oapias to bring in such
debtor and proceed as in section fourteen, no
that said section, AZ amended, shall read as
follows:
Section 81. II debtor cited 20 disclose on a
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 default recorded and then proceed
a.s In section twenty or have u capias to bring
in such debtor and proceed "a in section four
teen, as aInenaed'
SECT. Il. Section twenty six of said chapter
is hereby repealed and the following enacted
In place thereof:
Section 20. Every commissioner shall keep
n correct and Sufficient record OF the proceed
ings under each citation, stating tho names OF
the parties, the amount of the judgment on
which the disclosure IL sought, the dates of
OF the return day thereof and OF Gil hearings,
adjournnents aud eontinuanoes; also whether
tho debtor appeared or was brought in on en-.
pas or was defaulted; whether a disclosure
was had and II so what property was dis
closed whether the oath was Administered or
refused. and II refused the record shall state
the reason for such refusal
SECT. IS. This act shall take effect May one
eighteen hundred and ninety seven.
approved Mar. 70.
Chapter 83I.
AN ACT to correct a clerical error In Chapter
two hundred nfty-nine of the Public Laws of
eighteen hundred and ninety-seyen, relating
10 the recording OF attachments of personal