§ 10-13-28 - Examination of tort debtor – Assignment of property – Administration of oath.
SECTION 10-13-28
§ 10-13-28 Examination of tort debtor– Assignment of property – Administration of oath. – Upon the receipt of any petition of any poor tort debtor under the provisionsof § 10-13-27, the justice to whom the petition shall be addressed shallfix a time and place for the hearing of the petition, and shall issue acitation, directed to the committing creditor or to his or her attorney ofrecord in the suit, or if the committing creditor be deceased, to the legalrepresentative of the deceased creditor, which citation shall be served uponone of the persons to whom it is directed at least six (6) days before thereturn day thereof. Upon the return of the citation duly served, the justiceshall cause the petitioner to be brought before him or her upon habeas corpusat the time and place named in the citation, and either then or at such othertime as the justice shall appoint, shall proceed to examine the petitioner andto hear the evidence which may be properly adduced in favor of and against thegranting of the prayer of the petition, and if it shall be made to appear thatthe petitioner has no property, rights, or credits with which to pay prisoncharges, or which is not exempt by law from attachment, and that the debtor hasmade an assignment to the warden in the manner prescribed in § 10-13-7, ifthe justice shall be of the opinion that the petitioner can truly take the oathprescribed in § 10-13-8, the justice may administer to the petitioner theoath, and the like certificate shall be issued thereof, and the certificateshall have the like effect in all respects with reference to the discharge ofthe petitioner from the correctional institution, and the issue of execution,or of alias or pluries execution, upon the judgment shall be in the form andwith the like effect, as if the petitioner had been entitled to and admitted totake the poor debtor's oath under the provisions of §§ 10-13-1 –10-13-26.