FULL TEXT: San Francisco, Dec. 10. – The pauper’s oath [see definition below] was established today an a new refuge for “alimony martyrs” who are sent to jail because they failed to maintain payments to former wives.
Neil
McNulty, unemployed stevodore, used the oath before Judge W. P. Johnson for the
first time on record in California and it got him out of it jail term.
McNulty
already was under sentence because his alimony payments were $1300 in arrears,
but he pleaded lack of employment. Given time to find a job, McNulty still was
unsuccessful and so he hit upon the pauper's oath as a way out.
Judge
Johnson then administered the oath, released McNulty from the jail term and
delivered a sharp criticism of the practice of imprisoning men for alimony
delinquencies when it is shown they are jobless. Another judge had sentenced
McNulty.
[“Escapes
Alimony By Pauper Oath – Unemployment – S. F. Man Sets Precedent in State's
Jurisprudence,” The Bakersfield Californian (Ca.), Dec. 10, 1931, p. 2]
***
PAUPER’S
OATH: A pauper's oath is a sworn
statement or oath by a person that he or she is completely destitute or a
pauper, i.e. without any money or property. A person without the ability
to pay court costs has the option to swear a pauper’s oath in order to file a
lawsuit without paying filing fees. Prisoners filing legal actions often use a
pauper's oath because persons in prison are often completely without money or
any means of acquiring any. Historically, especially during the Great
Depression, the pauper's oath was required as a prerequisite for receiving
welfare or other forms of government relief in the United States.
One
pauper’s oath used when establishing indigent status under United States
Federal law is as follows:
“I do
solemnly swear that I have not any property, real or personal, exceeding $20,
except such as is by law exempt from being taken on civil process for debt; and
that I have no property in any way conveyed or concealed, or in any way
disposed of, for my future use or benefit. So help me God.” [Wikipedia]
[746-10/18/22]
***
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