1. The service of the notice was sufficient, under the provisions of Gen. Sts. c. 124, § 13. May v. Foote, 7 Allen, 354. 2. The fact that the party took the poor debtors’ oath before the magistrate discharged him did not render his discharge less valid, even supposing the case to have authorized a discharge without oath, as provided in certain cases. Gen. Sts. c. 124, § 48. Judgment for the defendants.