38. In case of dispute about the price of such support, the county commissioners may determine it, not exceeding two dollars and twenty-five cents a week." 128 PROVISIONS RELATING TO DEBTORS TO THE STATE. 39. Any person committed to jail in any county on execution, warrant of distress, or other final civil process for debt, penalty, or costs due to the State, may make application in writing to a justice of the supreme judicial court for relief, whether the court is in session or not; who shall appoint a convenient time and place to inquire into the circumstances of the petitioner; give such notice thereof as he thinks proper to the attorney-general, or county attorney for the county where the commitment is made, to attend the hearing in behalf of the State.129 40. The justice shall consider all proper evidence offered on either side, and may require the oath of the petitioner to all or any of the facts by him stated; and if satisfied that the prisoner is unable to pay any part of the amount due on such process, may order his discharge from imprisonment, having first administered to him, if he thinks proper, an oath substantially in the form prescribed by section thirty, c. 113, R. S. 130 41. If, on examination, it appears to the justice that the prisoner is able to pay only a part of the amount due, he shall order his release from imprisonment, and, if he thinks it more for the interest of the State, may order the whole debt to be discharged, upon his paying or securing such sum of money, or assigning to the State such securities or other property, at such time and in such manner, to be deposited with such public officer as he directs.181 42. The jailer having charge of the debtor shall thereupon release him from confinement, or give him a full discharge from the demand on the terms prescribed.13: 43. If such proceedings are had when the supreme judicial court is not in session for the county, the justice shall cause his adjudication and discharge to be entered of record as of the last preceding term of the court therein.138 128 R. S. c. 113, § 56.-129 R. S. c. 113, § 57.-150 R. S. c. 113, § 58,-131 R. S. c. 113, § 59.-132 R. S. c. 113, § 60.-133 R. S. c. 113, § 61. 44. The county commissioners, at a regular session, or a majority of them in vacation, on application, may exercise the powers, and their proceedings shall have the like effect, provided in the five preceding sections.1 134 45. A person committed on execution as mentioned in § 57, c. 113, R. S., desiring to take the oath provided in section thirty, may apply to the jailer, who shall apply in writing to a justice of the peace in his behalf, and he shall issue a citation as hereinbefore prescribed, to be served on the county attorney for the same county, who shall attend at the time and place, by himself or a competent substitute as attorney to the State, and a disclosure may thus be had, and all the proceedings and the effect shall be the same as in the disclosures of execution debtors to individual creditors; and the justices of the peace and quorum hearing it, may, if they see cause, administer an oath, and grant a certificate to the debtor as hereinbefore provided, with verbal alterations to conform to the case.135 (2) FORM FOR RETURNS. 1. Return of arrest and commitment. [Name of county], ss., [date]. By virtue of this execution, and for want of money, goods, or chattels of the within-named [debtor], shown by him unto me or found within my precinct, to the acceptance of the within-named [creditor], I this day took the body of the said [debtor] * and committed him to jail, in in said county, and at the same time left with the keeper of said jail an attested copy of this execution. [Official signature.] FEES. 2. Arrest and discharge on bond. [Same as No. 1 to *, then] whereupon he gave me the bond provided in the twenty-fourth section of the 113th chapter of the Revised Statutes; and thereupon I released him from said arrest and herewith return said bond. [Official signature.] FEES, &c. 3. Return of jailer, of discharge by giving bond, to be made on copy. [Name of county], ss., [date]. [Debtor], of —, in the county of having been committed to jail in -, on the day of, A. D. by force of an execution dated —, in favor of [creditor], of in said county, against the said D. F., I detained the said [debtor] in my custody in said jail until he gave the bond provided for, &c. [as in No. 2]. [Official signature.] 134 R. S. c. 113, § 62.-135 R. S. c. 113, § 63. [For insertion between pages 236 and 237 of the MAINE CIVIL OFFICER, 3D EDITION.] The following act approved February 28, 1874, was passed after publication of this edition: SECT. 1. Section twenty-six of chapter one hundred and thirteen of the revised statutes is hereby amended so as to read as follows: "SECT. 26. A debtor who has given such bond may apply in writing within the time limited in his bond to a justice of the peace in the county where he was arrested, claiming the benefit of the oath authorized in section thirty; or if he is committed, or has delivered himself into the custody of the jailer, he may apply to a justice of the same county, or, at his request, the jailer shall apply in his behalf, and in either case the justice shall appoint a time and place for his examination, and issue a citation to the creditor, under his hand and seal," which citation may be in substance as follows: the STATE OF MAINE. ss. To You are hereby notified of the desire of the debtor, as expressed in the foregoing application, and that I have appointed day of, in the year of our Lord, at of the clock in the noon, and the-of- in -, in said county, as the time and place for said examination. And you are hereby notified to be present and select one of the justices, and be heard in said examination. Given under my hand and seal atof A. D.. in said county, the- day Justice of the Peace. SECT. 2. Chapter one hundred and twenty-two of the public laws of eighteen hundred and seventy-three is hereby repealed. SECT. 3. In no case of disclosure by virtue of any of the provisions of chapter one hundred and thirteen of the revised statutes or acts amendatory thereof, shall a creditor be cited or notified to attend for the purpose of hearing a disclosure upon any island in this State, unless at the time of.said disclosure the debtor so disclosing resides upon such island, and was arrested in the county where the same is situated. And all disclosures made in violation of this section shall be void. SECT. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. [This should be substituted for form 7, page 237.] To, Esquire, one of the Justices of the Peace within and for the County of - --9 WHEREAS, I, the undersigned, of in the County of have been arrested in said County of, by force of an Execution which issued on a judgment recovered against me on the day of, A. D. 18-, by the consideration of —, of Court, then held at in the County of, in favor of -, of, said execution bearing date the- day of, A. D. 18-, and being for the sum of Dollars and Cents damage, and costs of court taxed at -Dollars and Cents, and have given the Bond required by law and referred to in the twenty-fourth section of the one hundred thirteenth chapter of the revised statutes of the State of Maine, which bond bears date 187. Now, therefore, I, the undersigned, claiming the benefit of the oath authorized by the thirtieth section of said chapter, and never having been twice refused a discharge from arrest on said execution, or on any other execution issued on said judgment, request you, the said Justice, to cite the said Creditor to appear before two disinterested Justices of the Peace and of the Quorum, for the County of, at such place and time (within the time limited in said bond), as you may appoint, when and where I will submit myself to examination, and take the oath or affirmation as prescribed in the thirtieth Section of the chapter above referred to, if allowed by the said Justices, and the said Creditor may be then and there present, and object if he shall see cause, and may select one of the Justices. Dated at this [L. S.] day of, 18—. STATE OF MAINE. SS. To, Greeting. You are hereby notified of the desire of the above-named debtor, as expressed in the foregoing application, and that I have appointed, the day of, in the year of our Lord one thousand eight hundred and seventy-, at of the clock in the -noon, and the of, in-, in said County, as the time and place for said examination, and you are hereby notified to be present and select one of the Justices, and be heard in said examination. -, in Given under my hand and seal, at said - this day of ―, the year of our Lord one thousand eight hundred and Justice of the Peace. Notice to Creditor for Disclosure on Execution, without giving Bond, by notice of twenty-four hours for every twenty miles' travel. STATE OF MAINE. - Το SS. have Whereas, I, of —, in the County of -, -. been arrested in the County of —, on an Execution in your favor, issued on a judgment obtained against me, before the Court, held at in the County of, on the day of, in the year of our Lord one thousand eight hundred and -, for- dollars and - cents debt or damage, and dollars and -cents, costs of Court, and am held in custody by a deputy of the sheriff of said County of (or have been committed and am now in the County jail of said County of —, on said execution). You are hereby notified that I shall submit myself to examination in the manner and for the purposes indicated in chapter 113 of the revised statutes, for the benefit of poor debtors, at in -, on the day of, in the year of our Lord one thousand eight hundred and seventy-, at - o'clock in the -noon: and you are hereby notified that you may select one of the Justices, and be heard thereon. Dated at, the day of, in the year of our Lord one thousand eight hundred and seventy—. Debtor. 4. Form of bond on execution. Know all men by these presents, that we, G. H., of, &c., 'as principal, and A. B. and C. D., of, &c., as sureties, are held and firmly bound unto J. P., of, &c., in the sum of dollars and cents, to be paid unto the said J. P., his certain attorney, heirs, executors, administrators, or assigns. To the payment of which sum we do hereby bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals. Dated at —, the — day of —, A. D. 18—. The condition of the above-written obligation is such, that whereas the said G. H. hath been and now is arrested at “་ in the county of, by virtue of an execution issued against him on a judgment obtained against him by the said J. P., at a supreme judicial court begun and holden at —, in the county of, on the day of, A. D. [or at a court holden before J. Š. H., esquire, a trial justice, in and for the county of—, on the day of A. D., for the sum of dollars and cents, debt or damage, and costs of court taxed at dollars and cents, with - cents more for writ of execution, and the officer's fees and charges for said arrest, taxed at dollars and cents. Now if the said G. H. shall, within six months from the time of executing this bond, cite the said J. P., the creditor, before two justices of the peace and of the quorum, and submit himself to examination, agreeably to the 113th chapter of the Revised Statutes, and take the oath prescribed in section thirty of said chapter; pay the debt, interest, costs, and fees arising in said execution; or deliver himself into the custody of the keeper of the jail, agreeably to section twenty-four of said chapter, then this obligation shall be void; otherwise remain in full force. Signed, sealed, and delivered, in presence of M. N. 5. Approval of creditor. I hereby approve the above-named sureties. G. H. [L. S.] C. D. L. B. J. P., [creditor]. 6. Approval by justices of the peace and quorum. [Name of county], ss. We, the subscribers, justices of the peace and quorum of said county, do approve the sureties who have executed the foregoing bond. chosen by [the creditor.] chosen by [the debtor.] chosen by [the above justices.] STATE OF MAINE. ss.-To-, Whereas, I of have been arrested in said. county on an execution in your favor, issued on a judgment obtained against me before the court held at, in the county of -, on the - day of, in the year of our Lord, for - dollars |