Sec. 10. 14 MRSA §3102 is amended to read:

§3102. Default for nonappearance; costs

When the person summoned under section 3101 does not appear and answer to the action, he shall that person must be defaulted, adjudged trustee to the extent provided in section 2614 and be liable to costs. If he that person appears at the return day and submits to an examination on oath and is discharged, he shall the person must be allowed his legal costs. If he the person is charged, he the person may retain the amount of his costs. When the plaintiff dismisses his the action against him the trustee or the principal, the trustee shall must be allowed his costs.