Page:United States Statutes at Large Volume 47 Part 1.djvu/1037

 72d CONG RESS. SESS. II. CH. 127. FEBR UARY 27, 1933 . the same to any court which would have jurisdiction if an action had been brought ; but it mu st appear, by affidavit, that the con- troversy is re al and the proceedings in go od faith, to determine the rights of the parties. The court mus t thereupon hea r and determine the case, and render judgment thereon, as if an action wer e depending. SEC. 602. JUDGMENT ON, AS IN O THER CASES , BUT WITHOUT COSTS PRIOR TO NOTICE OF TRIAL .-Judgment must be entered as in other cas es, but wi tho ut costs for any pro ce edi ng prior to the trial. The case, the submission, and a copy of the judgment constitifte the jud gm ent roll. SEC. 603. JUD GME NT MAY BE ENFORCED OR APP EALED FROM AS IN AN Enforcement o f, a n d ACTION .-The judgment may be enforced in the sa me manner as ap pea li rom . if it had b een rendered in an action, and is in the same manner subject to appeal. DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS Affidavit that con- troversy Is real. Judgment on. 1013 Persons Imprisoned on civil proem. SEC. 604. P ERSON S CON FINED MAY BE DISCHARGED.-Any person con- Discharge of. fin ed in jail, on an execution issued on a judgment rendered in a civ il ac ti on, m ust be discharged therefrom up on the conditions in this subchapter specified. SEC. 605. NOTICE OF APPLICATION FOR DISCHARGE FROM PRISON .- Notice of application for. Suc h person must cause a notice in wri ti ng to be given to the plain- tiff, his agent, or attorney, that at a certain time and place he will apply to the ju dge of the dist rict court for the p urpos e of obtai ning a discharge fr om his imprisonment. SE C. 606. SERVICE OF NOTICE .-Such notice must be served upon servi ce of. the plaintiff, his agent, or attorney, one day at least before the hea rin g of the application. SEC. 607. EXAMINATION BEFORE JIIDGE .-At the time and place lnd aemination before specif ied in the noti ce, s uch p erson must be t aken befor e suc h jud ge, who must ex amine him under oath concerning his estate and prop- erty and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed ; and suc h jud ge may als o hea r any other legal and pertinent evidence that may be produced by the debtor or the creditor. SE C. 608. INTERROGATORIES MAY BE IN WRITING .-The plaintiff in Interrogatories . the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they must, if required by him, be proposed and answered in writing, and the answer mu st be signed and sworn to by the prisoner. SE C. 609. OATH TO BE ADMIN ISTER ED .-If, upon the examination, Oath . the j udge is satisfied that the pris oner is entitled to his d ischa rge, he must a dmini ster to him the foll owing oath , to wit : " I,, do solemnly swear that I have not any estate, re al or personal, to the amount of $50, except such as is by law exempted from being taken in execution ; and that I ha ve not any other estate now conveyed or concealed, or in any way disposed of, with desig n to secur e the same to my use , or to hi nder, dela y, or def ra ud my creditors, so hel p me God ." SEC. 610. ORDER OF DISCHARGE .-A fter administering the oath, the Order of discharge . j udge must issue an o rder that the p rison er be disc harge d fro m custody, and the officer, upon the service of such order, must dis- charge the prisoner for th wit h, if he be imprisoned for no other cause. SEC. 611. IF NOT DISCHARGED, PRISONER MAY AGAIN APPLY, WHEN .- Additional applica. If such judge does not discharge the prisoner, he may apply for his tions for . disch arge at the end of e very succe eding ten days, in the sa me i I