The Sun.
London, England, 1831-11-29 00:00:00

LAW OF DEBTOR AND CREDITOR IN

FRANCE.

A project of law relative to imprisonment has
been recently submitted by the French Minister
to the Chamber of Peers. This report branches
out into the six following heads :-
1. Dispositions relative to imprisonment in matters of
commerce.
2.

in civil matters.
as against strangers•
1. Dispositions common to the three precedings beads :
5. --- in criminal matters, correctional, and of

police ; and

transitory dispositions.
.7•
Article 1. It is declared that imprisonment
shall be pronounced, with certain exceptions,
against every one cast for commercial debts
amounting the principal sum to '2OO francs and
upwards; the exceptions are married "vomen
and young girls not legally reputed public sales-
women, minors not carrying on business, and
widows and heirs of persons izdjudged before the
Tribunals of Commerce.

Imprisonment cannot be adjudged to persons
for signing promissory notes or bills of exchange,
.unless in the actual operations of commerce,
traffic, change, banking, or brokerage.
Persons who have entered their 60th year are
to be exempt from imprisonment fol. debt, unless
adjudged as drawers, acceptors, subscribers, en-
dorsers, or passers of letters of change, or
arising out of transactions in bills of exchange
and promissory notes, in the operations of com-
merce, &c. ; and even in these, cases the debtor
is exempt if he have entered his 72d year.
A limitation is placed on the imprisonment
after the following scale :
If under 500 francs I year.
VOM. 'OOO 'AI do.
3,000 3 do.
5,000 4 do.
Above that aura. 5 do.
And in all cases it cannot continue if the debtor
reanh his 70th year, when he must be released.

2. In all rases of imprisonment in ordinary
and civil matters, the term shall be at least two
years, at most ten. In cases provided for by
Art. 2,063 of the Civil Code (relative to rent
of land) the imprisonment to be only half these
periods, least and most.

hi matters relating to the State, and the taxes
direct and indirect, all persons in the employ-
ment of the Government, fur the amount of their
deficiencies, as also their sureties, and all public
contractors, in like manner, are subject to im-
prisonment for deficiencies in any respect. Under
this head females and those over 70 are included,
exemption not being extended to them here,
except that in regard to the latter, half the term
of imprisonment only is to be borne. In this
article the amount of debt required must be at
least 300 francs.

3. Against strangers the sum required for im-
prisonment is 150 francs, whether the arrest be
temporary or definitive. In case of temporary
imprisonment of a stranger, the creditor must
proceed to judgment in a fortnight, or he may
claim his release. Strangers not domiciled iu
France, and imprisoned for debt, are to be re-
leased as follows

Where the debt is 500 francs, after 2 years.
- 1000 4 do.
- 3000 6 do.
- 5000 8 do.
Above that sum 10 do.
The disposition alluded to above, relative to
rent of land, applies to strangers, and the exemp-
tion of age is likewise applicable for commercial
debts ; for all other debts the two first first para-
graphs of article 2,066 of the Civil Code re-
mains in force.

4. This article regulates that imprisonment
shall not be pronounced in favour of the
husband or wife, fathers, children descendans et
ascendans, brothers, sisters, or the same degree
by marriage. The right of appeal is given, but
is not to be suspensive. Husband and wife not
to be imprisoned at the same time for the same
debt. To obtain his enlargement the debtor
shall only be called on to pay the debt in ques-
tion with the expenses of signing judgment and
executing the capture ; and on payment of one-
hied of the debt, with security for the remain-
der, accepted by the creditor of the Court, he
obtains his release ; the remainder to be paid
within a year, and the security accountable in
the same respect as the original debtor. A
debtor who has " served out his time" cannot
be again arrested for any debts contracted pre-
viously to his imprisonment, unless they exceed
in amount that required for the term of impri-
sonment, unless they exceed in amount that re-
quired for the term of imprisonment. The
article also fixes the alimentary sums to be paid
to debtors by creditors, at 30 francs for so many
days, always in advance, in Paris, and 25 francs
in the country ; in default of which payments the
debtor to be discharged, and not to be again im-
prisolied for the debt.

- 5. This article relates to fines, &c. Five
days' notice to be given before arrest, and the
process to contain an extract of the judgment,
with the names of the parties. Persons proving
their insolvency after Article 420 of the Code
of Criminal Instruction, to be discharged after a
fortnight's imprisonment when the amount does
not exceed 15 francs ; a month when not 50
francs ; two months, 100 francs ; and six months
when above that sum : should he acquire means
of paying it after, he may be re-imprisoned, and
in all cases of detention for non-payment, it is not
included in the amount of imprisonment where
fine and imprisonment are the joint punishment.
In all cases instituted by private individuals they
are to pay expenses as mentioned before. The
quantum of imprisonment under this head is thus
regulated :

Under 400 franca
500
10:43
3000 - 6 do.
5000 - 8 do.
Above that sum lO do.
Similar exemptions to those under Article 4
are made. _
• -

6. ^ Within a month of the promulgation
of the present law its operation shall commence,
as well with future cases as those now in impri-
sonment ; and in two months after its provi-
sions are applicable to all strangers now impri-
soned, where they have been so ten years.
These are the general outlines of this im-
portant law ; the first step made in France to
improve the laws regulating imprisonment for
debt and police offences.

A correspondent says ,4 Persons who buy ex-
cessively cheap writing-paper would do well to count
their bargains before they count upon them. In many
cases they will find a deficiency of four, five, six, or even
seven sheets in a quire, which, deducted from the apparent
price, leaves the real one any thing but cheap.
DESCRIPTION OF HUNT IN THE MOUSE
i
or COMMONS.-He is rapidity itself,—never was there so
miserable a twaddler. Yet, from the mere habit of making
men laugh—from the mere habit of relieving a dry dis-
cussion, with a cock-and-bull story about the Times news-
paper, or his early life, or his wife's maid-servant, or his
driving abort London Bridge in a one-horse chaise, he is
looked upon as a sort of relief from wisdom; and what is
despised as buffoonery, is welcomed as change.--Ncto
Monthly.