The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-01-31
IMPRISONMENT FOR DEBT" LEG
ISLATION.


whole or in part, the judgment creditor
is entitled to an order of court requir-
ing the judgment debtor to appear and
answer concerning his property, but no
such citation shall require the debtor
to appear before a court or referee
outside of his county. Thus far the
Act follows the law as it now stands.
THERE'S added, however unless the dis
fance be less than thirty miles from the
place where the order is served upon
him.
The Act then proceeds that If the
claim is for the necessaries Of life fur
nished the family, or the debtor, an
order shall be entered requiring the
debtor to show why an order should
not be issued requiring him to pay in
full or by installments, as the court
may determine, if the court finds he
has the ability to pay.
If the debtor fails to appear, the pro-
ceeding may go on in his absence. If
1t appears that he is unable to pay, but
subsequently sufficient affidavit is
made that he has acquired ability to
meet the judgment in full or by INSTALL
ments, the earlier order referring to in
ability may be revised, and an order
made requiring payment in full or by
instalments, provided that the debtor
shall be allowed sufficient out of his
income to maintain his family and him
self, and it shall never be less than So
a week
If the debtor fails to comply with the
order Of the court, and can show no
good cause for such failure, the court
may make an order that if he does not
comply within a specified time the
failure shall be treated as contempt Of
court. AT the expiration Of the time.
if the debtor still fails or refuses to
comply with the decree, he is to be COM
mitted for contempt of court, provided
that no more than fourteen days con-
finement shall be ordered for any one
contempt; and provided that if the
debtor shows he has no more than 81
contempt; and provided that he shall
be released at any time by payment of
the claim with accrued costs; or upon
giving bond with two approved sure
ties, that he will comply.
But after seven days imprisonment
the debtor may be released on his own
recognizance, conditioned that if re-
leased he will thenceforth comply with
the order of the court. If so released
and he does not comply within thirty
days, and fails to show good cause for
noncompliance, he may again be cited
to appear and again be committed for
contempt
1t is also provided that Judgment
debtor may of his own motion avail
of the Act, and his creditors be cited
accordingly to show cause why an or
der shall not be made for examination
Of the debtor. In that case proceedings
go on as before. If judgment cred
itor institutes the proceeding, then all
other proceedings or suits to enforce
payment Of the judgment by any and
all other creditors against the debtor
relative to wages-it is to be observed
that property" is not mentioned with
wages-shan be suspended, but this
shall not bar attachment of or execu-
ton on any property Of the debtor
either before or after judgment or levy
Of the execution
But any creditor having judgment on
claim against a debtor proceeded
against under this Act for the neces
saries OF life, has the right to an order
to inquire into the validity of any claim
by any judgment creditor for whose
benefit the decree provided under this
Act has been entered, due citation of
course being first issued and served
When this is done the court may order
all the parties to render an account of
all amounts heretofore paid by the
debtor on each and every Judgment
and may enter a decree revoking or
modifying any previous decree made in
the proceedings, and may order future
payments to be apportioned among the
Judgment creditors as may be equitable
and just. This would seem to seriously
conflict with statutes essential to be re-
tanned, and to be very doubtful power
Thus far it is an Act intended to
compel by power of a court obedience
to its DEGREES on the part of those who
having the present ability to pay, and
who have been sued and become judg
ment debtors, still refuse or neglect to
pay bills incurred for the necessaries of
life. But it is an Act to enable those
who receive less than 50 a day wages
to be exempt from the penalties of the
law
But now we come to clause of the
Act which provides that the service Of
any order on the judgment debtor may
be made by amy person" over the age
of is years, who is a resident" of the
State (no citizenship. it will be observ-
ed, is required) by personal delivery of
q copy. provided the person is not a
party to the proceeding. This is bad
and dangerous, and Is wholly unneces-
sary. Service ought to be made as in
other cases under existing laws. But