§ 10-13-28. Examination of tort debtor — Assignment of property — Administration of oath.
Upon the receipt of any petition of any poor tort debtor under the provisions of § 10-13-27, the justice to whom the petition shall be addressed shall fix a time and place for the hearing of the petition, and shall issue a citation, directed to the committing creditor or to his or her attorney of record in the suit, or if the committing creditor be deceased, to the legal representative of the deceased creditor, which citation shall be served upon one of the persons to whom it is directed at least six (6) days before the return day thereof. Upon the return of the citation duly served, the justice shall cause the petitioner to be brought before him or her upon habeas corpus at the time and place named in the citation, and either then or at such other time as the justice shall appoint, shall proceed to examine the petitioner and to hear the evidence which may be properly adduced in favor of and against the granting of the prayer of the petition, and if it shall be made to appear that the petitioner has no property, rights, or credits with which to pay prison charges, or which is not exempt by law from attachment, and that the debtor has made an assignment to the warden in the manner prescribed in § 10-13-7, if the justice shall be of the opinion that the petitioner can truly take the oath prescribed in § 10-13-8, the justice may administer to the petitioner the oath, and the like certificate shall be issued thereof, and the certificate shall have the like effect in all respects with reference to the discharge of the petitioner from the correctional institution, and the issue of execution, or of alias or pluries execution, upon the judgment shall be in the form and with the like effect, as if the petitioner had been entitled to and admitted to take the poor debtor’s oath under the provisions of §§ 10-13-1 — 10-13-26.
History of Section.G.L. 1896, ch. 261, § 5; C.P.A. 1905, § 1159; G.L. 1909, ch. 327, § 5; G.L. 1923, ch. 378, § 2; G.L. 1938, ch. 564, § 2; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-13-29.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Chapter 10-13 - Relief of Poor Debtors
Section 10-13-1. - Application to take poor debtor’s oath.
Section 10-13-2. - Persons not entitled to take oath.
Section 10-13-3. - Citation to creditor to show cause against debtor’s oath.
Section 10-13-4. - Service of citation on creditor.
Section 10-13-5. - Citations to state as creditor.
Section 10-13-6. - Service of citation on attorney general.
Section 10-13-7. - Administration of oath — Assignment of estate.
Section 10-13-8. - Form of debtor’s oath.
Section 10-13-9. - Certificate of justice as to oath.
Section 10-13-10. - Discharge of prisoner.
Section 10-13-11. - Detainment for fees prohibited.
Section 10-13-13. - Second citation to creditor by debtor not admitted to oath.
Section 10-13-14. - Administration of debtor’s oath pending original action.
Section 10-13-15. - Citation to show cause against oath by defendant.
Section 10-13-16. - Service of citation.
Section 10-13-17. - Examination of defendant and administration of oath.
Section 10-13-18. - Effect of execution after debtor’s oath.
Section 10-13-19. - Application for oath after judgment and before commitment.
Section 10-13-20. - Service of citation.
Section 10-13-21. - Administration of oath.
Section 10-13-22. - Effect of execution after oath.
Section 10-13-23. - Certificate as to oath — Certificate of discharge.
Section 10-13-24. - Assignment for benefit of creditors upon administration of oath.
Section 10-13-25. - Party deemed creditor — Effect of executions subsequent to oath.
Section 10-13-26. - Adjournment of hearings.
Section 10-13-27. - Petition for discharge by prisoner unable to pay tort judgment.
Section 10-13-28. - Examination of tort debtor — Assignment of property — Administration of oath.