tate, real or personal, in possession, remainder or reversion, over ten dollars, (or except what is exempt from attachment by law,) and that I have not, since the commencement of this suit against me, or at any other time, directly or indirectly, sold, leased or otherwise conveyed or disposed of to, or intrusted any person or persons whomsoever with, all or any part of the estate, real or personal, whereof I have been the lawful owner or possessor, with any intent or design to secure the same, or to receive, or to expect any profit or advantage therefrom, for myself or for any of my children or family, or any other person; or have caused or suffered to be done any thing else whatsoever, whereby any of my creditors may be defrauded; so help me God: (or, this affirmation I make and give upon peril of the penalty of perjury.) SEC. 12. The oath aforesaid being administered by said justices, and taken by said prisoner, the said justices shall deliver to him a certificate thereof, under their hands and seals, in the following form: keeper of the jail at in the county of То We, the subscribers, authorized by the statute in such case made and provided, do certify, that a poor prisoner confined upon mesne process, (or otherwise as the case may be,) in the prison at aforesaid, has caused the party at whose suit he was so confined, to be notified according to law, of his the said desire of being admitted to take the poor debtor's oath; that in our opinion the said has not any estate, either real or personal, except what is exempt from attachment by law, (or over ten dollars, as the case may be;) and that he has not conveyed or concealed his estate with design to secure the same to his own use, or to defraud his creditors; and that we have, after due caution to the said administered to him the oath, (or affirmation,) prescribed by law to be administered to poor debtors. Witness our hands and seals this day of A. D. Justice of the supreme court, (or SEC. 13. Whenever any prisoner shall present such a certificate, as is prescribed in the next preceding section, to the keeper of the jail in which he is imprisoned, such keeper shall forthwith discharge him from his commitment at the suit of the creditor named therein. SEC. 14. No person who has been admitted to take the oath aforesaid, shall be retained in jail for the prison fees, or for the fees of the justices before whom he may have taken such oath. SEC. 15. No keeper of any jail receiving an assignment under the tenth section of this chapter shall be held responsible to any person for any property of any assignor, except such as he has actually received into his possession: Provided, he shall assign all the interest he shall obtain thereby to the committing creditor, if a resident of this state, on his request, or to such person being a resident thereof as such creditor shall name; to be held by such credi tor or person, his heirs, executors, administrators and assigns, for the purposes and trusts set forth in said deed. SEC. 16. No person who shall be committed on execution awarded against him as plaintiff in replevin, or as defendant in any action on a penal statute, or in any action of trover or detinue, or for any malicious injury to the person, health or reputation of the plaintiff in such suit, or for breach of promise of marriage, or for seduction, or for any trespass excepting only such as are particularly named in the first section hereof, shall be deemed to be within the meaning of the provision of that section or entitled to be admitted to take the oath aforesaid. SEC. 17. If a debtor take out a citation to his committing creditor and has the same served and subsequently withdraws the same, or if upon trial he shall not be admitted to take the oath above prescribed, he shall not be entitled to another citation to the same creditor unless on proof of some change of circumstances after the taking out of the first citation; which change of circumstances shall be annexed to or recited in the second citation and form a part thereof. Relief before the court. SEC. 18. The court before which any action is pending for the recovery of any debt or demand, for which the defendant, if committed to jail thereon, would be entitled to be admitted to take the oath aforesaid, may administer the said oath to the defendant as hereinafter provided. SEC. 19. The defendaut, in such case, may apply to any justice of the peace in the county in which he resides for a citation to the creditor to appear at the court in which such action is pending, to show cause why the defendant should not be admitted to take said oath. SEC. 20. Such citation shall be served by any sheriff, deputy sheriff, town sergeant or constable, at least four days before the time therein appointed for taking said oath, by reading the same to the plaintiff, or by leaving an attested copy thereof at his last and usual place of abode in this state; and such citation shall be returned to the court in which such action is pending. If the plaintiff does not reside in this state, service of said citation may be made in like manner upon the agent or attorney of record of the plaintiff, in this state. SEC. 21. If it shall appear to the court in which the said action is pending, that notice has been given as before provided, said court shall examine the defendant on his oath concerning his estate and effects and the disposal thereof, and may also receive any other evidence offered by the defendant or the plaintiff'; and upon such examination, the court may, in its discretion, administer to the defendant the said oath. SEC. 22. If said oath be administered, the execution which may be issued against the defendant in said action shall run against the goods and chattels or real estate of the defendant, and not against his body. Relief of debtors liable to imprisonment on execution. SEC. 23. Any defendant in any execution, who would, if committed to jail thereon, be entitled to be admitted to take the oath aforesaid, may apply in the manner hereinbefore mentioned, for a citation to his creditor to show cause why he should not be admitted to take said oath. SEC. 24. Such citation shall be served in the same manner as is provided in the twentieth section of this chapter. SEC. 25. Upon the return of such citation, the magistrates authorized to administer said oath by section ten of this chapter, in the county in which such defendant is liable to be imprisoned, may administer said oath to the defendant, if upon examination of the defendant on oath, and of such other evidence as either party may produce, they may think proper. SEC. 26. If the defendant be admitted to take the said oath, he shall thereafter be exempt from imprisonment on said execution or any future execution that may be issued on said judgment; and execution on said judgment shall issue only against the goods and chattels and real estate of the said defendant. SEC. 27. The justices administering the oath aforesaid pursuant to the provisions of the twenty-fifth section of this chapter, shall give a certificate to that effect under their hands and seals to the said defendant. In all cases, the justices who commence the examination of the prisoner under the provisions of this chapter, shall alone have the power to sign and seal the certificate of his discharge. SEC. 28. When the oath aforesaid shall be administered to any defendant under the provisions of the ten sections next preceding, he shall then and there make an assignment of all his estate, real and personal, not exempted from attachment by law, to some responsible inhabitant of this state, his heirs and assigns, to be approved by the magistrates administering said oath, in trust for the benefit of all his creditors, in proportion to their demands, and a copy of which assignment shall be filed by the assignee in the office of the clerk of the court, or magistrate issuing such execution. SEC. 29. The person to whom the debt appears by the process to belong at the time complaint is made, shall be deemed the creditor within the meaning of the provisions of this chapter. Neither the commitment of the prisoner nor his discharge shall be a satisfaction of the debt for which he was committed. If committed on execution, the plaintiff may take out another execution, which shall not however run against the body of the defendant. If suit be brought on the judgment, execution in such suit shall not run against the body of the defendant, nor shall the defendant be held. to bail on the writ in such case. If the defendant be committed on mesne process, when he receives a certificate as aforesaid, if that fact be shown by plea to the court or justice before whom the action is pending, then execution shall not issue against the body of the defendant; but in all such cases, execution shall issue against the goods and chattels and real estate of such defendant. SEC. 30. Any justice of the supremne court, or any justice of the peace in the same county, who shall be present at the time and place to which any citation in behalf of any poor prisoner issued under the provisions of this chapter shall be duly returned, may in the absence of another magistrate, adjourn the hearing thereon to any other time or place, as he may think proper, with the same effect as if another justice were present. SEC. 31. Any one of the Narragansett tribe of Indians committed to jail for debt, upon mesne process or execution, shall be considered as a poor prisoner, within the true intent and meaning of this chapter notwithstanding such prisoner may have estate, real or personal, in common with the said tribe; and shall be entitled to and may receive all the benefits and advantages hereof. SECTION 1. Any person who shall be imprisoned upon mesne process, execution, or surrender, or commitment by bail in any action on penal statutes, or in any action of trover, detinue, trespass, trespass and ejectment, or trespass quare clausum fregit in which the title to the close was not in dispute between the parties, and who shall complain, on oath, to the keeper of the jail in which he is imprisoned, that he has no estate real or personal, wherewith to support himself in jail or pay jail charges, shall be entitled to a citation as hereinafter provided. SEC. 2. If such keeper shall believe said complaint to be true, he shall forthwith issue a citation under his hand and seal to the plaintiff at whose suit the complainant is imprisoned, if the plaintiff resides in this state, or if he does not reside within this state, then to his agent or attorney of record, or if he have no agent or attorney of record, then to the person who indorsed the plaintiff's writ as surety. SEC. 3. Such citation shall set forth that said prisoner has made complaint as aforesaid, and that said prisoner will be discharged unless the sum of two dollars per week be within ten days from the time of the service of said citation, paid to the said keeper in advance for the board of said prisoner, reckoning said board from the expiration of said ten days after said service, which payment in advance shall continue to be made by said creditor during the time said prisoner shall be detained at his suit. SEC. 4. Said keeper upon issuing the citation shall at the expense of the state, cause service thereof to be made by the sheriff, his deputy, or any town sergeant or constable, on the person to whom such citation shall be directed as aforesaid, by reading the same to him in his presence and hearing, or by leaving a true and attested copy thereof at his last and usual place of abode. SEC. 5. In case of default made in payment of said prisoner's board as required in the third section of this chapter, the keeper shall discharge such prisoner from jail, stating in his formal discharge on the jail book, the reason thereof. SEC. 6. The amount thus paid by the creditor for the board of the prisoner so imprisoned at his suit, shall be added to and form a part of the costs of commitment and detention, and as such costs shall be paid by the prisoner in the then existing or any future proceedings which may be lawfully instituted against him for the recovery of the debt and costs of said suit. SECTION CHAPTER 200. OF THE RELIEF OF INSOLVENTS. 1. Petitions of insolvents, by whom to be preferred, to what court, and when and where to be filed. 2. Court may dispense with term of residence. 3. Statements under oath of debts, losses 4. Form of oath on preferring petition. 6. Court may order further notice. 8. Examination of petitioner, mode of, 9. Record of examination. 10. When petitioner is entitled to a discharge. 11. Assignment of his estate, &c., to be made before receiving certificate of discharge. 12. Oath upon appointment of assignees. SECTION 13. Debts of petitioner must exceed one 14. Court may stay proceedings against 18. Principal if surrendered, may give new 19. Liability of husband upon intermarriage with a woman who has obtained a discharge. 20. Certificate of discharge, effect of on prior debts, contracts, &c. 21. Process against insolvent on such debts, &c., how sued out, and execution how to issue. |