Page:United States Statutes at Large Volume 76A.djvu/423

–327– -327(b) Instead of the order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judgment creditor, his agent or attorney, if it appears to him that there is danger of the debtor's absconding, order the marshal to arrest the debtor and bring him before the judge. Upon being brought before the judge, the judgment debtor may be ordered to enter into an undertaking, with sufficient surety, that he will attend from time to time before the judge or referee, as may be directed during the pendency of proceedmgs and until the final termination thereof, and will not in the meantime dispose of any portion of his property not exempt from execution. In default of entering into the undertaking he may be committed to jail. § 603. Payment by debtor of judgment debtor After the issuing of an execution against property, and before its return, any person indebted to the judgment debtor 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. § 604. Examination of debtor of judgment debtor 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 affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of the judgment debtor, or is indebted to him in an amount exceieding $50, the judge may, by an order, require the 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. § 605. Witnesses 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. § 606. Order applying property toward satisfaction of judgment The judge or referee may order any property of the judgment debtor, not exempt from execution, in the hands of the debtor, or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment; out an order may not 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 the person claims an interest in the property adverse to the judgment debtor or denies the debt. § 607. Third person claiming interest or denying debt; action by judgment creditor If it appears that a person, alleged to have property of the judgment debtor, or to be indebted to him, claims an interest in the property adverse to him, or denies the debt, the judgment creditor may maintain an action against that person for the recovery of the interest or debt^ and the judge or referee may. by order, forbid a transfer or other disposition of the interest or deot, until an action can be commenced and prosecuted to judgment. The order may be modified or vacated by the judge or referee granting it, or the court in which the action is brought, at any time, upon such terms as may be just. § 608. Contempt If any person^ party, or witness disobeys an order of the referee, properly made, m the proceedings before him under this subchapter, he may be punished by the court or judge ordering the reference, for a contempt.

�