
    Bray versus Kelley & als.
    
    A poor debtor’s relief bond becomes forfeited, if be discloses a demand due ■ to bim, and does not cause it to be appraised.
    But, if on sucb disclosure be is permitted by tbe justices to take tbe oatb prescribed by tbe statute, tbe damages on sucb forfeiture must be assessed 1 according to tbe provisions of e. 85, of tbe laws of 1848.
    On Eapts Agreed.
    Debt, on a poor debtor’s relief bond.
    The principal defendant cited the plaintiff before two justices and disclosed one clock, and an execution in his favor of §20; and no appraisal was made of the demand. No-oath was administered to the debtor to make true answers,, until after the disclosure was reduced to writing and signed by him. Objections were made by the creditor, that the debtor should not be permitted to take the oath prescribed by R. S., c. 148, § 28; but the justices administered it.
    
      Morrison & Humphrey, for defendants.
    
      Wilson, for plaintiff.
   Hathaway, J.

— The principal debtor disclosed property which he did not cause to be appraised as the statute requires.

According to the facts agreed, a default must be entered. But he was allowed to take the poor debtor’s oath by two justices, &c., and the damages must be assessed according to the provisions of the statute of 1848, c. 85.

Defaulted, the damages to be assessed as^provided by statute of 1848, c. 85.

Shepley, C. J., and Tenney, Howard and Appleton, J. J., concurred.  