actions, by his giving to such claimant, or his agent or guardian, if CHAP. 147. in the state, an attested copy of such writing, or by leaving the same at his dwelling house; or, if not resident in the state, then a copy may be left with the tenant or occupant, if there be one, of the estate; and, if not, then such copy shall be affixed to the house or other conspicuous part of the premises; and the return of the officer shall be made on the original writing, and the whole be recorded in the registry of deeds in the county, or registry district, within which such estate lies, within three months from the time of such service and such notice may be given by the agent or guardian of the owner of the land. CHAPTER 148. OF THE RELIEF OF POOR DEBTORS. ARTICLE I. OF ARRESTS AND DISCLOS-SECT. 18. No arrest on execution on con URES ON MESNE PROCESS. SECT. 1. No arrest on mesne process on 2. Debtor, about to leave the state,] 7. Adjudication of the justices; ef- 8. Lien on property disclosed, how 9. Arrests allowed, in actions not 10. Defendant may, in all cases, dis- 11. Effect thereof; lien on property disclosed. 12. Certificate of real estate disclosed, to be filed in registry of deeds. 13. Preservation of lien on personal estate. 14. Disclosure on mesne process, by consent of parties. 15. Execution to issue against the 16. Certain property, not attachable, ARTICLE II. OF ARRESTS AND IMPRISON- tract, if debt be less than ten dol- 19. Arrests in other cases, and object thereof. 20. Bond may be given on such arrest. 22. Justice to appoint the place, and 23. Citation, how served. 25, 26. Mode of examination. 28. Form of the poor debtor's oath. liable to attachment, may be ap- 31. Justices' certificate of administra- 32. Effect of such certificate. same. 35. Proceedings, if debtor have given CHAP. 148. SECT. 37. Effect of creditor's election, to ar- [SECT. 56. Prison keeper may require the rest on execution, or otherwise. 39. Amount recoverable thereon, if 40. Persons,incompetent as witnesses, 42. Discharge of debtor's body, no ARTICLE III. GENERAL PROVISIONS AND 43. Bond to be valid, though not taken 44. Right to bail not impaired. to take a disclosure. 47, 48. Liability of a debtor, if he dis- 49. Liability of persons aiding in 50. Persons arrested for taxes, enti- person creditor to support the debtor. Special provision, if committed on several precepts. 57. Adjustment of price of articles furnished to prisoner. 58. Citation to one of several joint 59. Effect of voluntary release by 62. Judges of municipal and police ARTICLE IV. SPECIAL PROVISIONS RELAT- 63. Such debtor may apply to the judge of the district court. 64. Notice of hearing to be given to the county attorney or attorney general. 65. Proceedings, and power to release such debtor. 66. Judge may discharge him, or dis charge the debt, on payment or security for a part. 67. Jailer to comply with the decision of the judge. 68. Adjudication to be entered on the record. 69. Same powers vested in the county commissioners. 70. Application by such debtor to take cases. ARTICLE I. OF ARRESTS AND DISCLOSURES ON MESNE PROCESS. SECTION 1. No in shall be arrested on mesne process, any suit brought on any contract, express or implied, or brought on any judgment founded on such contract, except as provided in the following section; and the writ or other process shall be so varied, as not to require the arrest of the defendant. SECT. 2. Any person, whether a resident within this state or not, may be arrested and held to bail, or committed to prison on mesne process, on any contract express or implied, when the sum demanded amounts to ten dollars, or on a judgment founded on contract, when the debt, originally recovered and still remaining due, is ten dollars or more, exclusive of interest on such judgment, when he is about to depart and reside beyond the limits of this state, with property or means exceeding the amount required for CHAP. 148. his own immediate support; provided, that the creditor, his agent or attorney, shall make oath before a justice of the peace, to be certified by such justice on the said process, that he has reason to believe, and does believe, that such debtor is about to depart and reside, and to take with him property or means as aforesaid, and that the demand in the said process, or the principal part thereof, amounting to at least ten dollars, is due to him. SECT. 3. On the arrest or imprisonment of any debtor, by vir- Disclosure, on tue of the preceding section, he may, on request to the officer, or such arrest. 1835, 195, § 4. jailer, who has him in custody, be taken before two disinterested 4 Greenl. 484. justices of the peace and quorum, to be selected, as provided in the 15 Maine, 55. forty sixth section, to disclose the actual state of his affairs. SECT. 4. Previous to such disclosure, he shall give due notice to Notice to be the creditor, his agent or attorney, of his intention, and of the time given to the plaintiff. and place for attending to said disclosure; and that such creditor, 1835, 195, § 1. agent or attorney may be present, and select one of the justices, and be heard thereon; which notice shall not be less than one day, for every twenty miles' travel, exclusive of Lord's days. 1835, 195, § 4. SECT. 5. If the debtor shall, at the time and place appointed, Mode of makmake, to the satisfaction of said justices, a full disclosure of the ing disclosure. actual state of his affairs, and of all his estate, property, rights and credits in possession, expectation or reversion, and answer all proper interrogatories in regard to the same, and shall sign and offer to make oath to the truth of his said disclosure and answers, before such justices, they shall administer to him such oath, and may hear such further and proper evidence, as may be offered upon either side. SECT. 6. The said justices shall have power to adjourn, from Justices may time to time, if they see cause; and, if either of the said justices 1831, 520, § 7. shall not be present at such adjournment, the other may adjourn to another time, but no such adjournment or adjournments, shall exceed. three days in the whole, exclusive of the Lord's day. adjourn. the justices; ef- fect of dis 14 Maine, 475. SECT. 7. On such examination, the said justices may discharge Adjudication of such debtor from arrest and imprisonment, or remand him into the custody of the jailer or other officer, as the case may require; and, in case of such discharge, no execution, issuing on the judgment in such suit or process, shall run against the body of such debtor. SECT. 8. All attachable property, disclosed by such examina- Lien on propertion, or so much thereof as the creditor may designate, to satisfy ty disclosed, how preserved. his demand against the debtor, shall be held as attached from the 1835, 195, 5. time of such disclosure, and until thirty days after final judgment, as in other cases of attachment; and the officer shall make return thereof on the writ or process, certifying the fact that the property was so disclosed; and, if it be real estate, shall certify the same to the register of deeds, as provided in section, thirty two, of chapter, one hundred and fourteen. And, if the creditor require it, at any time before final judgment in the suit, the officer shall take into his custody any part of the personal property, so disclosed, sufficient to secure the demand, and hold the same as in other cases. SECT. 9. In all actions, not founded on contract, or on a judg- Arrests allowment on such contract, the original writ or process shall run against ed, in actions the body of the defendant, and he may be thereon arrested and contract. 79 not founded on 1836, 245, § 2. CHAP. 148. imprisoned; or he may give bail, as provided in chapter, one hundred and fourteen. Defendant may, in all cases, disclose on return of writ. 1835, 195, § 6. Effect thereof. ty disclosed. SECT. 10. Whenever any person shall be served with an original writ or other mesne process, founded on such contract or judg ment, in any other manner than by arrest of the body, such person may, at any time before final judgment, appear before any court or justice, before whom such writ or process may be pending, or before a disinterested commissioner or commissioners to be appointed by such court or justice, and may submit himself to examination; and such court, justice or commissioner shall, after giving like notice of the time and place of hearing, as is provided in the fourth section, then and there proceed and take the disclosure of such person; and the like proceedings shall be had before such court, justice or commissioner, as is provided in the fifth and sixth sections, when before two justices of the peace and quorum, and with the like effect. SECT. 11. On the whole examination, the said court, justice or Lien on proper- commissioner may, except as provided in the sixteenth section of 1835, 195, § 6. this chapter, adjudge and determine, that the execution on the judgment, which the plaintiff may recover in such suit, shall run against the property only of the defendant, or otherwise, as justice may require, on the facts so disclosed or proved; and all attachable estate or property, so disclosed, shall, from the time of such disclosure, be held attached, as provided in the eighth section, and be further subject to the provisions of the two following sections. Certificate of real estate disfiled in registry closed, to be of deeds. SECT. 12. If the property, so disclosed, be real estate, the said court, justice or commissioner, as the case may be, shall deliver to the plaintiff a certificate thereof, stating the names of the parties and the amount of the claim in the writ, which the plaintiff shall cause to be filed with the register of deeds for the county or district, where the real estate is situated, within five days after the date thereof; and the register shall proceed with the said certificate, in the same manner, as he is required to do, with the returns of officers making attachments on real estate, under the provisions of chapter, eleven, and be entitled to the same fees from the plaintiff. SECT. 13. If personal estate, liable to attachment, be disclosed, lien on personal on application of the plaintiff, stating, that he is apprehensive that said property may be removed or concealed, so as to render it impracticable to seize the same on execution, the court in term time, or any justice thereof in vacation, or the justice of the peace before whom the suit is pending, may issue an order under the seal of the court or justice of the peace, and signed by the clerk of the court or by the justice, as the case may be, directing any officer authorized to serve processes in such suit, to take such property into his custody and hold the same, as if originally attached; which order such officer is hereby authorized to execute accordingly. Preservation of estate. Disclosure on mesne process, by consent of parties. 1835, 195, § 6. SECT. 14. At any time before or after the return day of any such writ or process, as is described in the tenth section, the parties to the suit may, pursuant to any agreement by them made in writ ing, appear before any justice of the peace and of the quorum, in the county where the suit may be pending; and the defendant shall make the same disclosures and submit to the same examination and proceedings, as is provided in the said tenth section, when had before a commissioner; and the record of the same shall, before CHAP. 148. final judgment, be returned to the court or justice, before which the suit shall be pending; and the like proceedings shall be had, by such court or justice, as if the same disclosures had taken place before a commissioner, duly appointed for the purpose. SECT. 15. If no disclosure and examination be made or had Execution to isbefore final judgment by the defendant, as is herein before provided, body, unless sue against the or if the result of such disclosure and examination should be ad- there be a disclosure and disverse to the defendant's right to exemption from arrest, the execu- charge. tion, which may issue against him on final judgment, shall run 1835, 195, § 6. against his body. SECT. 16. If, on the disclosure and examination of any debtor, made pursuant to the fifth and tenth sections of this chapter, previously to final judgment, it shall appear, that such debtor possesses or has in his power, or has, with intent to protect the same from his creditors, assigned or secreted, or otherwise disposed of any bank bills, notes, accounts, bonds or other contracts, or other property, not exempted by any statute from attachment, but which cannot be come at, to be attached, from its nature or otherwise, such debtor, if under arrest, shall not be released, neither in any case shall his person be exempted from arrest, on any execution to be issued on the judgment to be recovered in such suit, unless the debtor shall assign and deliver to such person, as the examining magistrates or court, or commissioners may appoint, all such property, or so much thereof, as such magistrates or court, or commissioners may adjudge to be sufficient security for the creditor; to be held by such person, under the direction of the court or justice before which the suit shall be pending, in trust for the parties, in order that the same may be applied and appropriated, as hereinafter provided in sections, twenty nine and thirty. Certain proper e, to be delivered up, on disclosure. ty, not attacha to disclose in a certain time af1835, 195, 67. 1836, 245, 63, 4. 4 Greenl. 10. SECT. 17. Whenever any person shall be arrested or imprisoned Person arrested on mesne process, in any civil action, he may be also released from may give bond, such arrest by giving bond to the plaintiff, with surety or sureties to the acceptance of the plaintiff, or approved by two justices of the peace and of the quorum of the county, where such arrest or imprisonment may be, in double the sum for which he is arrested or imprisoned; conditioned, that he will, within fifteen days after the last day of the term of the court, at which the judgment shall be rendered in such suit, or after the day of the rendition of judgment, if before a justice of the peace, notify the judgment creditor, or his agent or attorney to attend at a certain place in the county, and at a time, to be fixed within thirty days after such notice, and not less than fifteen days, for the purpose of disclosure and examination under the provisions of the thirty fifth section of this chapter; and that he will, at such time and place, submit himself to examination, make true disclosure of his business affairs and property on oath, and abide the order of the justices of the peace and of the quorum thereon, in manner provided in said thirty fifth, thirty sixth and thirty seventh sections; and, if such bond be taken by the officer, serving the writ, he shall return the same to the court or justice, where the suit is pending. |