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revolution, shall be imprisoned upon any order of arrest and bail, or upon an execution against the body. (503.)

806. Debtor, how discharged. 578. Any person arrested or imprisoned on execution may discharge himself from custody by delivering to the Sheriff a sufficiency of property, either real or personal, to discharge the debt or damages due on the execution, together with the interest and costs thereon; or by delivering to the Sheriff all the property, both real and personal, which he may have, not included in the finding of the Court or jury, subject to execution, if any, together with the property, credits, and effects included in the finding of the Court or jury, and all his choses in action, if any, exceeding, with other property retained, the amount exempt by law from execution. He shall also make oath that he has no more or other property, either real or personal, subject to execution; and that he has no moneys, rights, credits, or effects in his possession, or under his control, or in the possession or under the control of any other person for his use, exceeding, with other property retained, the amount exempt from execution; and that he has, neither directly nor indirectly, disposed of, transferred, or concealed any of his property, rights, credits, moneys, or effects, nor confessed or suffered any judgment with intent to delay or defraud any of his creditors. (504.)

1. State insolvent and bankrupt laws are constitutional.-Pugh v. Bussel, 2 Blackf. 366; Fisher v. Lackey, 6 id. 373.

2. This section is not applicable to bastardy.- Lower v, Wallick, 25 Ind. 68.

3. A discharge of the defendant in custody, with the plaintiff's consent, is a dis. charge of the judgment.- Prentiss v. Hinton, 6 Blackf. 35; Wakeman v. Jones, 1 Ind. 517.

807. Oath, how taken. 579. For the purpose of enabling the defendant to take the oath, it shall be the duty of the Sheriff, upon the prisoner's request, to take him before some person authorized to administer an oath, who shall reduce the oath to writing, explain it to the prisoner, and cause him to be sworn to and subscribe it, and, having certified the oath, deliver it to the Sheriff, who shall make it a part of his return, by appending it to the execution. (505.)

808. Time and place of oath - Notice to creditor. 580. The execution-creditor shall be notified of the time and place at which the oath will be taken. The notice shall be served upon the creditor, or his agent or attorney, by the Sheriff, if the creditor, his agent or attorney reside in the county; and, if neither reside in the county, the Sheriff shall post up the notice in the Clerk's office five days. (506.)

809. Creditor may examine prisoner. 581. When the oath is administered, the execution-creditor, his agent or attorney, may propound to the prisoner any relevant questions touching his property, moneys, rights, credits, and effects; and the person administering the oath shall reduce the questions and answers to writing, and forthwith file the same with the Clerk. (507.)

810. Discharge. 582. When the prisoner has strictly complied with the foregoing provisions, he shall be discharged. (508.)

811. Disposition of property. 583. Any property given up by the person under arrest shall be disposed of by the Sheriff in the same man. ner as property taken on execution against property. (509.)

812. Return of Sheriff. 584. The Sheriff shall make return of all his doings therein, the discharge of the debtor, and the sale of the property, according to the facts, to the Court. (510.)

813. Effect of death of prisoner. 585. The arrest of any person who may die while in custody shall not discharge the judgment or any lien upon property, but the same may be enforced by any legal proceedings. (511.)

814. Proceedings upon escape. 586. Any person escaping from custody may be returned by the same or a new execution against his body, or his property may be proceeded against in the same manner as if his body had never been taken in execution. (512.)

1. The illegal discharge of a defendant in custody is only an escape; he may be re-taken without proceeding de novo.- Freeman v. Smith, 7 Ind. 582.

815. Judgment-debtor, when required to answer after return. 592. When an execution against the property of the judgment-debtor or any of the several debtors in the same judgment, issued to the Sheriff of the county where he resides (or if he do not reside in the State, to the Sheriff of the county where the judgment is rendered), is returned unsatisfied, in whole or in part, the judgment-creditor, after such return is made, shall be entitled to an order, to be issued by any Court of record in the county to which such execution issued, or by the Clerk thereof in vacation, requiring the judgment-debtor to appear forthwith before the Court, if in session (if the Court is not in session, then before the Judge thereof, at a time and place to be specified therein, or on the first day of the next term of the Court), to answer concerning his property within the county to which the execution was issued; and a transcript of a judgment from a Justice of the Peace filed and docketed in the Circuit Court shall, for the purposes of this Act, have all the effect of a judgment rendered originally in said Court (518.)

1. A return of nulla bona is a good basis for proceedings supplementary.- Sherman v. Carvill, 73 Ind. 126.

2. The proceeds of a partition sale in the hands of a commissioner are subject to garnishment hereunder. — Id.

3. On the trial of a supplementary proceeding against a debtor and his bank, the sworn answer of the bank is not evidence against him.--O'Brien v. Flanders, 41 Ind. 486; Id., 58 id. 22.

4. The proceeding may be instituted in a Court different from that in which judge ment was rendered. - Cook v. Ross, 22 Ind. 157.

5. No lien is acquired by the proceeding until service is had therein, both on the execution-defendant and his debtor.--Wall v. Whisler, 14 Ind. 228; Hoadley v. Cay. wood, 40 id. 239.

816. Judgment-debtor, when required to apply property after execution. 593. If, after the issuing of an execution against property, the execution-plaintiff, or other person in his behalf, shall make and file an affidavit with the Clerk of any Court of record of any county, to the effect that any judgment-debtor, residing in such county, has property (describing it) which he unjustly refuses to apply toward the satisfaction of the judgment, the Court, if in session, or the Judge or Clerk thereof in vacation, shall issue an order requiring the judgment-debtor to appear forthwith before the Court, if in session (if not, at the next term of the Court, or before the Judge thereof, at a time and place to be specified therein), to answer concerning the same; and such proceedings may, thereafter, be had for the application of the property of the judgment-debtor toward the satisfaction of the judgment, as provided upon the return of an executionz (519.)

1. This section is a substitute for the old remedy by creditor's bill.-- State 7'. Dunn. ing, 9 Ind. 20; Butler v. Jaffray, 12 id. 504.

2. The complaint hereunder must be sworn to, and certain in its averments as to where and what the property is.— Fillson v. Scott, 15 Ind. 187; Mason v. Wesion, 29 id. 561; Dandistel v. Kronenberger, 39 id. 405.

3. Under this section, the Court can not settle questions between the debtor and third persons, or set aside a conveyance by him on the ground of fraud.— Burt v. Hoettinger, 28 Ind. 214.

4. Creditors acquire a lien in these proceedings from the time the defendant is served with process therein.- Cooke v. Ross, 22 Ind. 157.

5. A corporation which is a judgment-debtor, and persons holding assets thereof, may be required to answer herein. - Tompkins v. Association, 19 Ind. 197.

817. Order of arrest and bail, when had. 594. When the plaintiff, his agent or attorney, shall, at the time of applying for the order, or at any time afterward, make and file his affidavit with the Court, or the Clerk thereof in vacation, that there is danger of the debtor leaving the State or concealing himself, and that there is reason to believe he has property, rights, credits, moneys, or effects which he unjustly refuses to apply to the judgment, with intent to defraud the creditor, the Court shall issue to the Sheriff of the county an order of arrest and bail. (520.)

818. Bond, when required. 595. The Sheriff, having taken the execution-debtor into custody upon the order of arrest, shall require him to enter into a written undertaking to the plaintiff, with surety to be approved by the officer, that he will attend before the Court, or Judge thereof, as required, and abide such order as shall be made; and that he will not, in the meantime, dispose of any part of his property not exempt from execution. In default thereof, he shall be committed to prison; and, upon breach of such undertaking, the plaintiff shall have his remedy thereon to the amount of the value of the property unlawfully withheld or disposed of. (521.)

819. Other persons required to answer, after issue and return. 596. After the issuing or return of an execution against the property of the judgment-debtor or any one of several debtors in the same judgment, and upon an affidavit that any person or corporation has property of such judgment-debtor, or is indebted to him in any amount, which, together with other property claimed by him as exempt from execution, shall exceed the amount of property so exempt by law, such person, corporation, or any member thereof, may be required to appear and answer concerning the same, as above provided. (522.)

1. Any" corporation " herein means only private or ordinary business corporations: it does not embrace municipal corporations or public bodies corporate. - Wallace z. Lawyer, 54 Ind. 501.

2. A county can not be held to answer as to its indebtedness to a county officer for salary.-Id.

3. The judgment-debtor must be a co-party in proceedings herein, and the venue is properly in the county of his residence. - Maynard v. State, 14 Ind. 427; Chandler v. Caldwell, 17 id. 256; Folsom v. Clark, 48 id. 414.

4. Other creditors have no right to make themselves parties, and demand a pro rata distribution. - Butler v. Jaffray, 12 Ind. 504; Kimball v. Whitney, 15 id. 280.

820. Witnesses and examination.' 597. Witnesses may be required to appear and testify in the proceeding provided for in this Act; and either party may examine the other as a witness, in the same manner as upon the trial of an issue; or the plaintiff may waive the answer of the debtor, and rely upon other testimony. All such' examinations and answers shall be on the oath of the party, except that when a corporation answers, the answers shall be the oath of an officer thereof. (523.)

821. Orders of Court as to property. 598. Upon the hearing, the Judge of the Court may order any property of the judgment-debtor, not exempt from execution, in the hands either of himself or any other person, or any debt due to the judgment-debtor, to be applied to the satisfaction of the judgment, and forbid transfers of property and choses in action; and such Judge or Court shall have full power to enforce all orders and decrees in the premises, by attachment or otherwise. (524.)

1. This section reaches only " the property of the debtor not exempt from execution," not his moneys, claims, and choses in action.- Wallace v. Lawyer, 54 Ind. 501.

2. The Court should not order the sale of accounts on execution, but should enjoin the transfer by the debtor, and order the persons owing them to pay them to the creditor, if such persons be parties in the suit.-Woolley 7. Woolley, 12 Ind. 663.

3. In proceedings supplementary, the affidavit may be made by an attorney of the creditor. Pleadings as in ordinary cases are not necessary. Other creditors are neither necessary nor proper parties.- Eden v. Everson, 65 Ind. 113.

822. Costs - Proceedings summary. 599. Costs shall be awarded and taxed in this proceeding as in other cases; and all proceedings under this Act, after the order has been made requiring parties to appear and answer, shall be summary, without further pleadings, upon the oral examination and testimony of parties and witnesses. But the sufficiency of the order and of the affidavit first filed by the plaintiff may be tested by demurrer or motion to dismiss or strike out the same. (525.)




823. Petition to adopt child.

827. Consent of parents - Proceedings as to De 824. Contents of petition, how verified.

mates of House of Refuge, etc. 825. Order of adoption - New

and 828. Costs. rights.

829. Child adopted in another State - Proceed. 826. Rights and duties of parties adopting.

ings. (1855, p. 122. In force August 17, 1855.] 823. Petition to adopt child. 1. Any person desirous of adopting any child may file his petition therefor in the Circuit Court in the county where such child resides,

1. The adopted children of the husband are not the children of his wife nor “ine children of a previous wife." They are only, under sections 2486 and 2489, heirs of the adopting father in the degree of children. - Barnes v. Allen, 25 Ind. 222; Isenhour v. Isenhour, 52 id. 328.

2. On the death of the adopting parent, the adopted child inherits from him; and on the death of the latter, intestate, unmarried, without children, his natural parents will inherit from him.- Barnhizle v, Ferrell, 47 Ind. 335.

824. Contents of petition, how verified. 2. Such petition shall specify —

First. The name of such petitioner.

Second. The name of such child; its age; whether it has any property, and, if so, how much.

Third. Whether such child has either father or mother living, and, if SO, where they reside. Such petition shall be verified by the oath or affirma. tion of such petitioner,

825. Order of adoption-New name and rights. 3. Such Court, when satisfied that it will be for the interest of such child, shall make an order that such child be adopted; and from and after the adoption of such child, it shall take the name in which it is adopted, and be entitled to and receive all the rights and interest in the estate of such adopting father or mother, by descent or otherwise, that such child would if the natural heir of such adopting father or mother: Provided, however, That should such adopted child die intestate, without leaving wife or husband, issue or their descendants, surviving him or her, seized of any real estate or owning any personal property which may have come to such child by gift, devise or descent from such adopting father or mother, such property so coming to such adopted child shall, on its death, descend to the heirs of said adopting father or mother the same as if such child had never been adopted. [As amended by act in force March 2, 1883. S. 1883, p. 61.

826. Rights and duties of parties adopting. 4. After the adoption of such child, such adopted father or mother shall occupy the same position toward such child that he or she would if the natural father or mother, and be liable for the maintenance, education, and every


way responsible as a natural father or mother.

1 (1875, p. 81. In force February 27, 1875.) 827. Consent of parents—Proceedings as to inmates of House of Refuge, etc. 5. Such Court shall not adopt such child, if it have a father or mother living, unless such father or mother appear in open Court, and give consent thereto: Provided, That if such petitioner show, by two competent witnesses, that the residence of such father or mother be unknown, the such Court may adopt such child. And, provided, further, That if such child be, at the time of filing and hearing such petition, an inmate of the House of Refuge for Juvenile Offenders, or of the Indiana Reformatory Institution for Women and Girls, committed thereto by law, for other reason than the conviction of crime or incorrigibility, such petition may be filed in any Circuit Court or Superior Court of this State, and upon the filing of the written consent of the Board of Control or Board of Managers of such institutions to such adoption, then such Court may adopt such child.

(1855, p. 122. In force August 17, 1855.] 828. Costs. 6. Such petitioner shall pay all costs of such proceedings.

(1865 S., p. 185. In force December 21, 1865.) 829. Child adopted in another State-Proceedings. 1. Wherever any child may have heretofore been adopted or may hereafter be adopted by any person in any other State of the United States, under and pursuant to the laws in force in the State where such adoption shall be made, the same shall, upon filing the record thereof with the Clerk of the Circuit Court of any county within this State, and having the same entered upon the order book of said Court in open session thereof, have the same force and effect; and such child, so adopted, shall have the same rights, and be capable of taking property situate within this State by inheritance, upon the death of the person adopting, whether before or after the passage of this Act, as though such child had been adopted within and pursuant to the laws of the State of Indiana.



SEC. 830. Who may arbitrate - Agreement.

839. Fees to be returned with award. 831. What may not be arbitrated - - Exception, 840. Copies to be given to parties. 832. Bond -- Agreement to make rule of Court. 841. Filing in Court. 833. Time and place of meeting - Notice.

842. Entry of award-- Rule to show cause. 834. Oath of arbitrators.

843. Judgment on award. 835. Who to administer oath.

844. Hearing, when had on rule to show cause. 836. Witnesses.

845. What causes may be shown. 837. Hearing - Award of majority valid.

846. When party may move to correct award. 838. Award must be in writing, signed, and at- 847. Proceedings on motion. tested.

848. Kinds of judgment.

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