Page:United States Statutes at Large Volume 47 Part 1.djvu/1002

 978 72d C ONGRESS. SESS. II. C H. 127. FEBRUARY 27, 1933 . or of any one of several debtors in the same judgment, issued to the marshal, is returned unsatisfied in whole or in part, the judg- ment creditor, at any time after such return is made, is entitled to an order f rom the judge of the court, requiring such judgment debtor to appear and answer concerning his property before such judge, or a referee appointed by him, at a time and place specified in tike order. Proceedings to com- SEC. 388. PROCEEDINGS TO COMPEL DEB TOR TO APPEAR ; IN WHAT pel debtor to appear ; when may be arrested ; CASES HE MAY BE ARRE STED ; WH AT BAI L MAY BE GIVEN.-After the issuing of an execution against property, and upon proof, by affidavit of a party or otherwise, to the satisfaction of the judge of the court, that any judgment debtor has property which he unjustly refuses to apply toward the satisfaction of the judgment, such judge -may, by an order, require the judgment debtor to appear, at a specified time and place, before such judge, or a referee appointed by him, to answer concerning the same ; and such proceedings may thereupon be had for the application of the property of the judgment debtor toward the satisfaction of the judgment as are provided upon the return of an execution. Instead of the order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judg- ment creditor, his agent or attorney, if it appear to him that there is danger of the debtor absconding, order the marshal to arrest the debtor and bring him before such judge. Upon being brought before the judge, he may be ordered to enter Into an undertaking, with suffi- cient surety, that he will attend from time to time before the judge or re feree, as m ay be dire cted during the pende ncy of proc eedin gs and until the final termination thereof, and will not n the meantime dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to jail. Any debtor of the SE C. 389. ANY DEBTOR OF THE JUDGMENT DEBTOR MAY PAY THE LAT- Judgment debtor ma~y the ]ac re= 's a=edi- TER'S CREDITOR .--After the issuing of an execution against property, toz and b efore its r eturn, any pers on ind ebted to t he jud gment debt or may pay to the marshal the amount of his debt, or so much thereof as may be necessary to satisfy the execution ; and the marshal's receipt is a sufficient discharge for the amount so paid. ors Examination of Judgment of de bto r,' SE C. 390. EXAMINATION OF DEBTORS OF JUDGMENT DEBTOR ) OR OF, et c. T HOSE HAVI NG PROPER TY BELONGI NG TO HIM .-After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof by affi davit or otherwis e, to th e satisf action o f the ju dge, tha t any perso n or corpor ation has prope rty of such judg ment d ebtor , or is indebted to him in an amount exceeding $50, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place before him, or a referee appointed by him, and answer concerning the same . tesWit essesrequiredto SEc . 391. WITNESSES REQUIRED TO TESTIFY .-Witnesses may be required to appear and testify before the judge or referee, upon any proceeding under this subchapter, in the same manner as upon the trial of an issue . Judge may order SE C. 392. JU DGE MAY O RDER PR OPE RTY TO BE APPLIED ON EXEOU- property to be applied TION.-The judge or referee may order any property of the judgment on execution. debtor not exempt from execution, in the hands of such debtor, or any o&r person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment ; but no such order can be made as to money or property in the hands of any other person or claimed to be due from him to the judgment debtor if such person claims an interest in the property adverse to the judgment debtor or denies the debt.