§ 10-13-7. Administration of oath — Assignment of estate.
The justice of any district court in the county where the prisoner is committed may at the time and place appointed examine the return of the citation, and if it shall appear to have been duly served, may administer the oath prescribed in § 10-13-8 to the party imprisoned as provided in § 10-13-5, if, after fully examining the prisoner under oath and hearing the parties, the justice shall think it proper so to do; provided, the applicant shall then and there first make and execute a deed of assignment of all his or her estate of every kind and wherever the estate may be, except what is exempted from attachment by law, other than debts secured by bills of exchange or negotiable promissory notes, to the warden and his or her successor in his or her office and his or her heirs and assigns, in trust for the benefit of all his or her creditors in proportion to their respective demands.
History of Section.G.L. 1896, ch. 260, § 4; C.P.A. 1905, § 1233; G.L. 1909, ch. 326, § 4; G.L. 1923, ch. 377, § 4; G.L. 1938, ch. 563, § 4; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-13-7; P.L. 1997, ch. 326, § 34.
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.