Page:United States Statutes at Large Volume 76A.djvu/425

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-329§ 663. Service of notice The notice must be served upon the plaintiff, his agent, or attorney, one day at least before the hearing of the application. § 664. Examination before judge At the time and place specified in the notice, the person shall be taken before the judge, who shall examine him under oath concerning his estate and property and eliects, and the disposal thereof, and his ability to pay the judgment for which he is committed; and the judge may also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor. § 665. Written interrogatories to prisoner The plaintiff in the action may, upon the examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they shall, if required by him, be proposed and answered in writing, and the answer shall be signed and sworn to by the prisoner. § 666. Oath of prisoner If, upon the examination, the judge is satisfied that the prisoner is entitled to his discharge, he shall administer to him the following oath, to wit: "I, , do solemnly swear that I have not any estate, real or personal, to the amount of $50, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to hinder, delay, or defraud my creditors, so help me God." § 667. Order for discharge After administering the oath, the judge shall issue an order that the prisoner be discharged from custody, and the officer, upon the service of the order, shall discharge the prisoner forthwith, if he is imprisoned for no other cause. § 668. Frequency of applications for discharge If the judge does not discharge the prisoner, he may apply for his discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceedings shall thereupon be had. § 669. Finality of discharge The prisoner, after being so discharged, is forever exempted from arrest or imprisonment for the same debt, unless he is convicted of having willfully sworn falsely upon his examination before the judge, or in taking the oath prescribed in section 666 of this title. § 670. Judgment remains in force The judgment against any prisoner who is discharged remains in full force against any estate which may then or at any time afterward belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been committed. § 671. Discharge on order of plaintiff The plaintiff in the action may at any time order the prisoner to be discharged, and he is not thereafter liable to imprisonment for the same cause of action. § 672. Discharge on failure of plaintiff to pay for support of prisoner If a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent, or attorney shall advance to the jailer, on the commitment, sufficient money for