Daily Kennebec journal., 1897-03-29

of record resides m one county and de-
/ commanded to appear before such maRis
trate In any town In the county WHERE
the defendant resides. The appiicatiorr
shell soon sa ssceon o Se s of a
as amended by chapter three hundred
.. and thirteen OF the public laws OF eighteer
ther amended so as to read as follows:
Section 8. The subpoena may be served
by any officer qualified to serve civil pro.
Ssna IN csned snta eopy ey hs hsyns n
which case the debtor shall have twenty.
four hours notice for every twenty miles
ba @e o or Pacs Of
closure, or, said subpoena may be served
by said officer by leaving at his last and
usual pecs seven Us dgs Certified
time appointed for the hearing
Section 6. Section seven Of said chap
ter se Is owS hersRy %es n aSsng a stassp thssp
is absent or does not propose fnterroga-
tories the commissioner shall conduct the
examination: sh.,, SO read mat said section, as
Section 7; The petitioner may propose
to the debtor any interrogatories perth
nent to the IN inquiry and II he requires it;
signed and sworn by the debtor. II the
petitioner is absent or does not propose
interrogat,ories the the commissioner com shall
Section Z. Section rine Of said chapter
is hereby amended by inserting in the
thirteenth line Of said section after the
III" the words except where the origi-
nal debt was for 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
the date of the disclosure and not ex-
ceeding twenty dollars SO that said sec
ton, as amended. shall read as follows:
Section 9. When from such disclosure
II appears that the debtor possesses. or
has under his control, any bank bills,
notes. accounts. bonds, or other contracts
or property not exempted by statute from
attachment. which cannot be come at to
be attached and the petitioner and debtor
the debt the magistrate hearing the dis
closure, shall appraise and set off enough
of such property to satisfy the debt, cost
and charges: and the petitioner or his at
torney. ii present. may select the prop
erty to be appraised. II the petitioner ac-
cepts it. it may be assigned and delivered
to him by the debtor, and applied to-
wards the satisfaction of his demand. Ex-
cept where the original debt was for
necessaries. the debtor shall not be re-
quired to assign any. sums due him as
wages for his personal labor earned with
in one month next preceding the date of
the disclosure and not exceeding twenty
collars. III any particular article OF such
property necessary or convenient to he
applied in satisfaction of the execution
exceeds the amount due thereon. and Is
rot dvisible in its. nature. the petitioner
debtor or securing it to the satisfaction
CT the magistrate.
Section 5. 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 in
word issue" the words upon the re-
Quest of the petitioner by striking out
the word executing In the seventh line
r said section and substituting therafov
the word 'serving:' by striking out all
after the. word ''capias" in the sixth
section the words after the question OF
costs of issuing and serving said capias
Las been thus determined. such debtor
or other person shall submit himself to
subpoena SO that said section. as
amended. shall read as follows:
Section a. If the debtor or any other
above provided. refuses or neglects to ap-
pear. the magistrate shall upon the re-
Guest of the petitioner issue capias to
! ring said debtor or other person before
i'm, and If upon hearing. said debtor or
ether person does not show good cause for
Lis failure to appear he may be ordered
10 pay the costs of issuing and serving
<aid capias. after the question of costs
aef issuing and serving said capias has been
thus determined such debtor or other
person shall submit himself to the exami-
nation required by his original subpoena.
Section g.. Section sixteen of said chap
ter is hereby amended SO as to read as
Section 1G. In case the commissioner
who issued the summons is unable to at
tend any other .commissi0per may attend
and take the disclosure, and, for cause
shown by either party. the examination
iaay be adjourned from time to time
Section 10. Section twenty of said chap
ter is hereby amended by inserting after
the word debtor and before the word
the in the eighth line of said section
The words where the original debt. ex,
rot otherwise and by adding to said sec
lion the words where the original debt,
exclusive of costs, exceeds ten dollars
as amended. shall read as follows:
Section 20. If upon such disclosure
the debtor fails to obtain the benefit of
the magistrate shall under his hand and
seal. indorse certificate of that fact
upon the execution in force at the time
of said disclosure. and a copy Of said
certificate shall be indorsed on every sub
aequent execution issued on said juds-
inent or on any Judgment founded there.
on. and such subsequent execution shall
Iun against the body of said debtor. where
the original debt, exclusive of costs, ex-
ceeds ten dollars and not otherwise. The
magistrate shall also issue a capias 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 arrested
and imprisoned on said capias and execu--
iion, the same as upon executions issued
in actions of tort. whore the original debt.
exclusive of costs, exceeds ten dollars and
not otherwise
Section II. Section twenty-one of said
chapter is hereby amended by striking
out the first three words of said section
and substituting therefor the words If Il
debtor cited to disclose on Judgment
where the original debt. exclusive of costs,
exceeds ten dollars. and by striking out
I'll after the word subpoena" in the third
line of said section and substituting there
Tor the words the petitioner may have
default recorded and then proceed as iii
section twenty, or. have n capiaS to bring
in such debtor and proceed as in section
fourteen, so that said section, as amend
cd. shall read as follows:
Section q. If a debtor cited to disclose
on a judgment where the original debt,
exclusive of costs. exceeds ten dollars,
fails to appear and submit himself to ex-
animation. at the time and place named
in subpoena, the petitioner may have a
default recorded and then proceed as in
section twenty or have Il capias to bring
in such debtor and proceed as in section
fourteen, as amended
Section IL. Section twenty-six of said
chapter is hereby repealed and the fol-
lowing enacted in place thereof:
Section 26. Every commissioner shall
keep a correct and sufficient record of the
proceedings 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. adjourn
WANTS and ropfiruancaS. also whpt the