cases for order of arrest and bail, either before or after the debtor is committed to prison, and shall return the same to the proper court. The recognizance shall have the same force as in other cases, and all subsequent proceedings may be had thereon by the parties and persons interested, as are provided in cases of arrest and bail.

It is a good defense to an action on such bond to show a surrender of the debtor, or to show that he was discharged by legal process. Shields v. Smith, 78 Ind. 425.

817. (805.) Female, etc., not liable.-577. No female, or soldier of the revolution, shall be imprisoned upon any order of arrest and bail, or upon an execution against the body.

818. (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.

State insolvent and bankrupt laws are constitutional. Pugh v. Bussel, 2 Blkf. 366; Fisher. Lacky, 6 Blkf. 373.

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

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

819. (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.

The officer should reduce the oath to writing, cause the debtor to sign it, and deliver it to the officer holding the execution, who should attach it thereto and make it part of his return. Webster v. Farley, 6 Blkf. 163.

820. (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.

821. (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 forth with file the same with the clerk.

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

823. (811.) Disposition of property.-583. Any property given up by the person under arrest shall be disposed of by the sheriff in the same manner as property taken on execution against property.

824. (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.

825. (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.

826. (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.

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.

827. (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.

This section only entitles the creditor to a discovery of the property of the debtor, and a statement in the nature of a complaint is a sufficient basis for the proceeding. Carpenter v. Vanscoten, 20 Ind. 50.

The notice to the debtor may be an ordinary summons. Carpenter v. Vanscoten, 20 Ind. 50.

No answer by the defendant is authorized. Carpenter v. Vanscoten, 20 Ind. 50. The creditor acquires a lien from the time of service of notice on the debtor. Cooke v. Ross, 22 Ind. 157; Hoadley v. Caywood, 40 Ind. 239.

The execution must issue against the replevin bail, as well as the principal, to authorize supplementary proceedings. Dandistel v. Kronenberger, 39 Ind. 405.

If the debtor is a non-resident of the state the proceedings must be in the county where the judgment was rendered. Folsom v. Clark, 48 Ind. 414.

It must be alleged that the execution has been returned unsatisfied in whole or in part. Dillman v. Dillman, 90 Ind. 585; Cushman v. Gephart, 97 Ind. 46.

A return of nulla bona is a good basis for proceedings supplementary. Sherman v. Carvill, 73 Ind. 126. Burkett v. Bowen, 118 Ind. 379.

Proceedings supplementary to execution are civil actions. Baker v. State, ex rel., 109 Ind. 47; Hutchinson v. Trauerman, 112 Ind. 21; Burkett v. Bowen, 118 Ind. 379. Money in the possession of the debtor may be reached by such proceedings. Baker r. State, ex rel., 109 Ind. 47.

A fraudulent transfer of property may be inquired into when the proper allegations are made. Harris v. Howe, 2 App. 419.

828. (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 execution. 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. Weston, 29 Ind. 561; Dandistel v. Krorenberger, 39 Ind. 405.

The complaint should show that the execution has been returned unsatisfied, or if not returned, that the debtor has no property that may be levied on to satisfy the judgment. Cushman v. Gephart, 97 Ind. 46.

It must be alleged that the debtor has property which he unjustly refuses to apply on the judgment. Dillman v. Dillman, 90 Ind. 585; Earl v. Skiles, 93 Ind. 178.

An indebtedness due the debtor is property within the meaning of this section. Dunning v. Rogers, 69 Ind 272.

It must be alleged that the debtor is a resident of the county in which the complaint is filed, or that an execution has been issued to the county in which he resides. Pouder v. Tate, 111 Ind. 148; McKinney v. Snider, 116 Ind. 160.

Third persons can only be made parties for the purpose of answering as to property held by them belonging to the debtor. Burt v. Hoettinger, 28 Ind. 214. .

Under proper issues a fraudulent transfer of property may be inquired into. Toledo, etc., Co. v. Howes, 68 Ind. 458; Harris v. Howe, 2 App. 419.

Money in the possession of the execution debtor may be reached under this section. Baker v. State, ex rel., 109 Ind. 47.

829. (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.

830. (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.

831. (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.

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 Ind. 256; Folsom v. Clark, 48 Ind. 414; Hoadley v. Caywood, 40 Ind. 239; McKinney v. Snider, 116 Ind. 160.

It should appear from the affidavit when the execution has not been returned that the debtor has no property subject to levy. Cushman v. Gephart, 97 Ind. 46.

It should also be alleged that the debtor unjustly refuses to apply the money in satisfaction of the judgment. Mitchell v. Bray, 106 Ind. 265.

And it must be shown that the property is not exempt from execution. Abell v. Riddle, 75 Ind. 345; McKinney v. Snider, 116 Ind. 160.

The sufficiency of the complaint may be tested by a demurrer. Banty v. Buckles, 68 Ind. 49; Pouder v. Tate, 111 Ind. 148.

But its sufficiency can not be tested by a motion to quash the writ and order. Hutchinson v. Trauerman, 112 Ind. 21.

The affidavit may be amended. Burkett v. Bowen, 118 Ind. 379.

The answer of the debtor should be in writing and under oath. Demurrer is not the proper mode to test its sufficiency. A further answer may be required by the court, or judgment may be entered. Coffin v. McClure, 23 Ind. 356.

Answers may be filed by the defendants, issues of fact formed and tried as in other

civil cases. Toledo, etc., R. W. Co. v. Howes, 68 Ind. 458; McMahan v. Works, 72 Ind. 19; Kissell v. Anderson, 73 Ind. 485; Harris v. Howe, 2 App. 419.

Municipal corporations, or bodies politic and corporate, can not be made parties. Wallace v. Lawyer, 54 Ind. 501.

New parties may be brought in and required to answer as to their interest in the property. American Co. v. Clark, 123 Ind. 230.

The answer filed by the person owing the debtor can not be used as evidence against the latter. O'Brien v. Flanders, 58 Ind. 22.

Persons indebted to the debtor and residing in other counties may be made parties. O'Brien . Flanders, 41 Ind. 486; Folsom v. Clark, 48 Ind. 414.

The proceeds of the sale of lands in partition in the hands of the commissioner may be reached by such proceedings. Sherman v. Carvill, 73 Ind. 126.

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

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 Ind. 280.

832. (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 on the oath of an officer thereof.

The answers of the defendants are not conclusive as to the facts stated, but witnesses may be examined. Toledo, etc., R. W. Co. v. Howes, 68 Ind. 458.

The plaintiff may controvert the testimony of the debtor by other evidence. Bipus r. Deer, 106 Ind. 135.

If answers are in writing they must be under oath. Coffin v. McClure, 23 Ind. 356. The plaintiff may waive a written answer as to the judgment debtor. Coffin v. McClure, 23 Ind. 356.

833. (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.

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. See Baker v. State, ex rel., 109 Ind. 47.

Claims due the debtor should not be ordered sold on execution, but when the proper proceedings are had it may be ordered that the persons owing the claims shall pay them on the judgment. Briscoe v. Askey, 12 Ind. 666; Chandler v. Caldwell, 17 Ind. 256. If the claims owing to the debtor are not due, the court should only restrain a transfer and collection of the same until due or the further order of the court. Pursell v. Pappenheimer, 11 Ind. 327.

834. (822.) Costs-Proceedings summary.-599. Costs shall be