§ 10-13-27 - Petition for discharge by prisoner unable to pay tort judgment.
SECTION 10-13-27
§ 10-13-27 Petition for discharge byprisoner unable to pay tort judgment. – Whenever any person shall have been imprisoned for six (6) months upon a writof arrest, mesne process, execution, or upon surrender or commitment by bail inany action on any penal statute, actions sounding in tort, including actionsfor possession of land or trespass to land in which title to the land is not indispute, or other civil action in which such person is not now entitled to hisor her discharge, upon being admitted to take the poor debtor's oath, theperson so imprisoned may petition the justice of the district court in thecounty in which he or she is imprisoned, setting forth that he or she isdetained in prison, the term of his or her imprisonment, the cause of his orher committal, and the name and residence of the person at whose suit he or shewas committed, and that he or she is unable to pay the judgment upon which heor she is committed, and to pay his or her prison charges: provided, however,that any person who shall have been imprisoned as provided in this chapter upona writ issued out of a district court or upon execution wherein the debt ordamages and costs shall not exceed one thousand dollars ($1,000) may petitionas provided in this chapter after ninety (90) days of imprisonment.