The Liberal democrat. [volume] (Liberal, Kan.) 1911-1924, 1914-04-03
new LAW IN EFFECT


earnings of debtors, amending Sec
lions 6l26 and 1927 of the general
statutes of Kansas of 1909, and re-
pealing said original sections, and al.
so repeating Sec. 6526 of the general
statutes Of Kansas Of 1909.
BE 1t enacted by the legislature OF
the state of Kansas:
| Sec. 2. Ten qO) per cent and court
costs not to exceed four dollars ga. O0)
and no more OF the earnings of a
debtor who lisa resident OF this state,
for his personal services at any time
within three months next proceeding
the issuing Of any attachment or
garnishment, process may be taken
and applied to the payment of his
debt when 1t is made to appear by
the debtors affidavit or otherwise
that the remainder of such earnings
above the said 10 per cent and cour
costs not to exceed four dollars are
necessary for the maintenance Of a
family supported wholly or In part
oy his labor; and such earnings Of
any such debtor earned during any
one calendar month shall be subject
to only one deduction of the amount
herein made subject to attachment
or punishment process and one ap-
plication Of such deduction in one
action shall be bar to any deduc-
tion in any other action for such
calendar month regardless Of where
or by whom the action may be
brought. Provided that at the time
Of filing such affidavit the debtor
shall notify the plaintiff or his agent
or attorneys thereof in writing by
serving copy of said affidavit on
said plaintiff or his agents or attor.
neys. And provided that nothing
herein contained shall prevent the
adverse party from controverting the
matters sought to be proven by
such affidavit by counter affidavit
or If sought TO be proven In any
other manner the same may be con
troverted by any competent evidence;
and provided further that such coun-
ter affidavit shall be filled within As
hours after the notice Of the filing of
said debtors affidavit and final hear.
ing shall be had thereon at any time
TO be fixed by the court or Judge
within ten days from the notice of
the filing OF the debtors affidavit If
pending in the Justices court and If
pending in the district court 1t shall
)e tried at the first term held after
filing such affidavit; and provided
further that II any debtor is proven
ted on account Of being sick or on &C
count Of the sickness Of any mem
Der of his family from working at
his regular trade, profession or cal
ling for any period greater than two
weeks and this fact is shown by the
testimony OF regular admitted and
Jracticing physician the provisions of
this act shall not be invoked against
my such debtor until after the ex.
piration Of two months after his re-
covery from such sickness; And pro.
vided still further that If any person
firm or corporation sells or assigns
MS account to any person or collec.
zion agency, or sends or delivers the
same to any collector or collection
agency for collection, then such per
son, firm or corporation or the as
signees of either shall not have nor
DE entitled to the provisions of this
act. And provided still further, that
nothing herein shall be construed to
hold or subject to execution attach
ment, or garnishment any amount
IF such debtors earnings above the
amounts Of 10 per cent and "a. 90 costs
qerein held to pay the debt OF any
such debtor until after Judgment
may be obtained against such debtor
and any employer OF any such debtor
is authorized to pay to any such
debtor at any time all Of his earnings
except the amount of 10 per cent and
S4.OO costs, herein made subject to
pay his debt, and the taking or the
earnings of any debtor, who is the
mead of family, after judgment,
shall be governed by the laws now
ON the statute books governing at
tachment and garnishment proceed
lngs but nothing herein shall be con-
Strned as exempting any OF the earn
lngs Of any debtor who is not the
mead OF a family dependent wholly
or in part upon him for support.