Page:United States Statutes at Large Volume 31.djvu/434

382 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 0*00* *0 °¤°~'¤i°° Sec. 295. After the issuin of an execution against property., and judgment demon upon proof by the aflidavit 0% the plaintiff in the writ, or otherwise, to the satisfaction of the court or judge thereof that the judgment debtor has property liable to execution which he refuses to apply toward the satisfaction of the judgment, such court or judge may, by an order, require the judgment ebtor to appear and answer under oath concerning the same before such court or judge, or before a refegee appointed by such court or judge, at a time an place specified in 13 e order. juE¤0gt%ggj30p&{ Sec. 296. On the appearance of the judgment debtor, he may be cegdiggs rumen. examined on oath concerning his property. r His examinatwn, if required by the plaintiff in the writ, shall be reduced to writing and ‘ filed with the clerk by whom the execution was issued. Either party may examine witnesses in his behalf, and if by such examination it a pear that the judgment debtor has any property liable to execution tll)e court or judge before -whom the proceeding takes place, or to whom the report of the referee is made, shall make an order requiring the judgment debtor to apply the same in satisfaction of the judgment, I or that such property be evied on, by execution, in the manner and with the eifect as provided in this chapter, or both, as may seem most likely to effect the object of the proceeding. _ &g1;~gg¤iP§¤gg*;1{;*;{ Sec. 297. At the time of allowing the order prescribed in section deem. J two hundred and ninety-six, or at any time thereafter pending the proceeding, the court or judge may make an order restraining the judgment debtor from selling, transferring, or in any manner dnsposing of any of his property liable to execution pendinlg the proceeding. For disobeying any order or requirement authorize by sections two hundred and ninety-five, two hundred and ninety-six, and two hundred and ninety-seven the judgment debtor may be punished as for a contem t. · , d$g$01j£g,°§)*g°;r§ Sec. $98. Instead of the order requiring the attendance of the judgmma. ment debtor, as {provided in the last two sections, the court or judge may, upon proo b affidavit of theparty, or otherwise to his satisfaction, that there is danger of the debtor leaving the district, or concealing himself therein, and that there is reason to believe he has property which he unjustly refuses to apply to such judgment, issue a warrant reguiring the marshal to arrest im and bring him before the court or judge. Upon being brought before the court or judge he may be examined on oath, and if it then appear that there is danger of the debtor leaving the district, and that e has property which he unjustly refused to apply to such judgment,`lie may be ordered to enter into an undertaking with one or more sureties that he will from time to time attend before the court or judge, as may be directed, and that he will not, during the pendency of the proceedings, dispose of any portion of his lproperty not exemptfrom execution. In default of entering into V suc undertaking he may be committed to jlail by warrant of the judge. ,3;,93 *0 exmlgg Sec. 299. Whenever the marshal, wit an execution against the g GB, PIOGBB • mgsumeon. property of the judgment debtor, shall apply to any person or officer mentioned in subdivision three of section one hundred and forty for the purpose of levying on any property therein mentioned, such person or officer shall forthwith give to the marshal a certificate in the manner prescribed in section one hundred and forty-two. If such person or officer refuse to do so, or if the certificate be unsatisfactory to the plaintiff ‘ in the writ, he may in like manner have the order prescribed in such section against such person or officer. Thereafter the proceeding upon such order shall be conducted in the manner prescribed from seciaion one hundred and fifty-two to section one hundred and Sixty-one, inc usive. - » uQ§}},“*m°f§§§,?e,“g; _ Sec. 300. No public officer shall be liable as garnishee for moneys surnishee- . in his(possession as such officer, belonging to or claimed by any judgment ebtor. ‘ S