§ 10-13-1. Application to take poor debtor’s oath. Except as is otherwise provided by § 10-13-2, any person who shall be imprisoned for debt whether on a writ of arrest issued at the commencement of an action, mesne process, or execution, or on execution awarded against him or her as defendant in any action to […]
§ 10-13-10. Discharge of prisoner. Whenever any prisoner shall present a certificate, as is prescribed in § 10-13-9, to the warden of the institution in which he or she is imprisoned, the warden shall immediately discharge him or her from his or her commitment at the suit of the creditor named in the certificate. History […]
§ 10-13-11. Detainment for fees prohibited. No person who has been admitted to take the oath as provided in § 10-13-8 shall be retained in a correctional institution for the prison fees or for the fees of the justice before whom he or she may have taken such oath. History of Section.G.L. 1896, ch. 260, […]
§ 10-13-12. Responsibility of warden for property — Assignment to or on direction of creditor. No warden of any institution receiving an assignment under § 10-13-7 shall be held responsible to any person for any property of any assignor, except such as he or she has actually received into his or her possession; provided, that […]
§ 10-13-13. Second citation to creditor by debtor not admitted to oath. If a debtor take out a citation to his or her committing creditor and have the citation served and subsequently withdraw the citation, or if upon trial he or she shall not be admitted to take the oath prescribed in § 10-13-8, he […]
§ 10-13-14. Administration of debtor’s oath pending original action. The court before which any action is pending for the recovery of any debt or demand for which the defendant, if committed to a correctional institution thereon, would be entitled to be admitted to take the oath as provided in § 10-13-8, may administer the oath […]
§ 10-13-15. Citation to show cause against oath by defendant. The defendant in such case may apply to the court in which the action is pending for a citation to the creditor to appear at the court to show cause why the defendant should not be admitted to take the oath. History of Section.G.L. 1896, […]
§ 10-13-16. Service of citation. The citation shall be served by any deputy sheriff, town sergeant, or constable, at least four (4) days before the time therein appointed for taking the oath, by reading the citation to the plaintiff or by leaving an attested copy thereof at his or her last and usual place of […]
§ 10-13-17. Examination of defendant and administration of oath. If it shall appear to the court in which the action is pending that notice has been given as provided in § 10-13-16, the court shall examine the defendant on his or her oath concerning his or her estate and effects and the disposal thereof and […]
§ 10-13-18. Effect of execution after debtor’s oath. If the debtor’s oath be administered, the execution which may be issued against the defendant in the action shall run against the goods and chattels or real estate of the defendant and not against his or her body. History of Section.G.L. 1896, ch. 260, § 16; G.L. […]
§ 10-13-19. Application for oath after judgment and before commitment. Every defendant in any execution, who would, if committed to a correctional institution thereon, and every person against whom final judgment has been rendered in any civil action, who would, if committed to a correctional institution on execution to be issued thereon, be entitled to […]
§ 10-13-2. Persons not entitled to take oath. No person who shall be committed on execution awarded against him or her as plaintiff in replevin or as defendant in any action on a penal statute or in any action for conversion or detention of personal property, or for any malicious injury to the person, health […]
§ 10-13-20. Service of citation. The citation as described in § 10-13-19 shall be served in the same manner as is provided in § 10-13-16. History of Section.G.L. 1896, ch. 260, § 18; G.L. 1909, ch. 326, § 18; G.L. 1923, ch. 377, § 18; G.L. 1938, ch. 563, § 18; G.L. 1956, § 10-13-20; […]
§ 10-13-21. Administration of oath. Upon the return of the citation, the magistrate authorized to administer the oath by § 10-13-7, in the county in which the defendant is liable to be imprisoned, may administer the oath to the defendant, if upon examination of the defendant on oath, and of such other evidence as either […]
§ 10-13-22. Effect of execution after oath. If the defendant be admitted to take the oath, he or she shall thereafter be exempt from imprisonment on the execution or any future execution that may be issued on such judgment, and execution on such judgment shall issue only against the goods and chattels and real estate […]
§ 10-13-23. Certificate as to oath — Certificate of discharge. The justice administering the oath as provided in § 10-13-7, pursuant to the provisions of § 10-13-21, shall give a certificate to that effect, under his or her hand and seal, to the defendant. In all cases the justice who commences the examination under the […]
§ 10-13-24. Assignment for benefit of creditors upon administration of oath. Whenever the oath as provided in this chapter shall be administered to any defendant, under the provisions of §§ 10-13-14 — 10-13-23 he or she shall then and there make an assignment of all his or her estate, real and personal, not exempted from […]
§ 10-13-25. Party deemed creditor — Effect of executions subsequent to oath. The person to whom the debt appears, by the process, to belong at the time complaint is made, shall be deemed the creditor within the meaning of the provisions of this chapter. Neither the commitment of the prisoner, nor his or her discharge, […]
§ 10-13-26. Adjournment of hearings. Any judge of the district court, who shall be present at the time and place to which any citation in behalf of any poor prisoner, issued under the provisions of this chapter, shall be duly returned, may, in the absence of another magistrate, adjourn the hearing thereon to any other […]
§ 10-13-27. Petition for discharge by prisoner unable to pay tort judgment. Whenever any person shall have been imprisoned for six (6) months upon a writ of arrest, mesne process, execution, or upon surrender or commitment by bail in any action on any penal statute, actions sounding in tort, including actions for possession of land […]
