act-1915-0-321•Pennsylvania Act 1915-321 — ARRESTED PERSONS IN CIVIL ACTIONS, DISCHARGE
Pennsylvania Act 1915-321 — ARRESTED PERSONS IN CIVIL ACTIONS, DISCHARGE
act-1915-0-3211915 Pa. Act 321Law
Act text
ARRESTED PERSONS IN CIVIL ACTIONS, DISCHARGE
Act of Jun. 1, 1915, P.L. 704, No. 321 Cl. 39
AN ACT
Providing for the discharge of persons arrested or held on
process issued on a judgment obtained in civil actions.
Section 1. Be it enacted, &c., That from and after the
passage of this act, any person arrested or held in custody, on
or by virtue of any process issued on a judgment obtained in any
civil action in this Commonwealth, may present his petition to
the court, or any law judge thereof, out of which the process or
execution issues, praying for his discharge from arrest. The
petition shall set forth the nature of the proceedings out of
which the process, upon which the petitioner is held, issued,
the amount of the judgment therein obtained, a schedule of all
the assets of the petitioner, a list of the creditors of the
petitioner with the amounts of their claims; the addresses of
the creditors, and the nature of the debts owning to them; a
statement as to why the petitioner is unable to pay the
judgment, and shall be verified by the affidavit of the
petitioner.
Section 2. The court to which the petition is presented
shall grant a rule to show cause why the petitioner shall not be
discharged from arrest, returnable at some convenient time, and
shall discharge the petitioner, pending the hearing of the said
rule, upon his entering such security for his appearance,
surrender, and compliance with the decree of the court as the
court shall deem requisite.
Section 3. Actual notice of the hearing of the rule shall be
given to the plaintiff in the process, or his counsel of record,
and to all the creditors whose addresses are known to the
petitioner; and publication of the hearing of the said rule
shall be made twice in a daily newspaper in the county, and once
in the legal periodical, if any, designated by the court, and an
affidavit of the service of the notices upon the creditors and
of the publication shall be filed at or before the time fixed
for the hearing of the rule.
Section 4. Upon the hearing of the rule the petitioner shall
be required to answer all questions put to him, and shall
produce all books and papers required to him; and if it shall
appear to the court that the petitioner is without means or
property with which to pay the judgment, and that he has not
secreted or assigned any of his property so as to avoid the
payment of the judgment, the court may discharge him from arrest
and in said proceedings; but such discharge shall not in any way
affect the judgment entered against him. Any person arrested or
held in custody on or by virtue of, any process issued on a
judgment obtained in any civil action in this Commonwealth shall
be discharged at the expiration of sixty days from the date of
the commitment, if compliance is had with all the requirements
of this act and all other acts of Assembly relating to
insolvency.
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