Chapter 224

Section 1. The word ''court'', in this chapter, shall include a justice of such court, and a special justice thereof when exercising the functions of a justice. The words ''person'', ''defendant'', ''party'', and ''debtor'', in this chapter shall include a natural person, a corpo…

Section 12. If the defendant or debtor while confined in jail on execution claims support as a poor person, the jailer shall furnish his support at the rate of one dollar and seventy-five cents a week, to be paid by the plaintiff or creditor, who in such case shall, if required b…

Section 14. A judgment creditor or a person in his behalf may file in court an application for supplementary process under this chapter. Upon the filing of such an application, a summons may issue, requiring the judgment debtor to appear at a time and place named therein and subm…

Section 15. The judgment debtor, if appearing, shall be examined on oath as to his or its property and ability to pay; provided, however, if the debtor is a corporation the person examined shall be its president, treasurer, cashier or other officer or agent in charge of the payme…

Section 16. If the court finds that the debtor has no property not exempt from being taken on execution, and is unable to pay the judgment, in full or by partial payments, or if the creditor fails to appear at the examination, personally or by attorney, the proceedings may be dis…

Section 17. The debtor may redeem real property within one year, and personal property within sixty days, after the date of any transfer, assignment or conveyance made under the provisions of section sixteen upon payment of the judgment and costs and the necessary expense actuall…

Section 18. The court may issue warrants for arrest and other processes to secure the attendance of debtors or creditors to answer for any contempt under this chapter. The term debtor, as used in this section shall mean, if the debtor is a corporation or a trust with transferable…

Section 19. At any time pending the examination of the defendant or debtor, the plaintiff or creditor or a person in his behalf may allege charges, to wit: First, That, since the debt was contracted or the cause of action accrued, the defendant or debtor has fraudulently conveyed…

Section 20. If at the examination of the debtor it appears that after service of supplementary process, the debtor has made a payment of money or a conveyance, assignment or transfer of property which is not exempt from being taken on execution, with intent to prevent it from bei…

Section 21. Supplementary proceedings shall be dismissed, and if the debtor or, if a corporation or trust with transferable shares, its officer, trustee or agent, has been imprisoned, he or it shall be discharged from custody, on payment in full to the creditor or his attorney of…

Section 22. The court may issue a writ of habeas corpus to bring before it for examination or disposition or for the purpose of giving bond, a defendant or debtor, or, in the case of a corporation or trust with transferable shares, its officer, trustee or agent who has been impri…

Section 23. Constables qualified to serve civil process, as well as sheriffs and their deputies, shall have authority to serve any process under this chapter.

Section 24. If a debtor committed to prison on a warrant of distress in favor of the commonwealth is unable to pay the debt for which he is imprisoned, he shall be entitled to discharge in like manner as a debtor before a court on supplementary proceedings; and the laws relative …

Section 25. If he represents to the jailer that he desires to be examined relative to his property and ability to pay, the jailer shall notify the proper court. The court shall thereupon appoint a time and place for the examination of the debtor and notify the district attorney f…

Section 26. If the district attorney does not reside in the town appointed for or is unable to attend the examination, he may appoint counsel in his stead. For such attendance, suitable allowance shall be made by the superior court for the county.

Section 28. A person who has been committed to jail for the non-payment of a tax, if since his commitment he has not had any property, real or personal, with which he could have paid the tax, may be discharged at any time in the manner provided by section one hundred and forty-si…

Section 29. If a person arrested on execution becomes an insolvent debtor under the laws of this commonwealth or a bankrupt under the laws of the United States, he shall be discharged upon his application to a district court in the county where the arrest was made, after such not…

Section 30. In any proceeding under this chapter the court may adjourn the case from time to time, and shall have the same powers relative to all other incidents thereto as other courts have in civil actions; and witnesses duly summoned shall attend as required in civil cases.

Section 6. All proceedings for the examination, commitment or discharge of a defendant arrested on execution, and all supplementary proceedings under this chapter as to a judgment debtor, shall be had in the district court within whose judicial district the defendant or debtor wa…

Section 7. Whoever recognizes as surety for another as provided in this chapter may at any time before breach of the recognizance surrender his principal and exonerate himself from further liability, in the manner provided for surrender by bail, and all proceedings on such surren…

Section 8. If the condition of a recognizance or bond taken under this chapter is broken, the creditor may, within one year after such breach, commence an action thereon; and judgment shall be entered for the amount of the penalty, but execution shall issue for so much thereof on…