Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1839-03-14
From the N.tchez Couue
IMPRISONMENT FOR DEBT.

IMPRISONMENT FOR DEBT.
To the polencss orP. w. FarrarlEsqr stat,
senator from Wilkinson county, we are indebl
ed FOR a copy ofthe act, as it passed the Mjssis
sippi Legislature with amendments, to abolish
the odious relic ofbarbarism and saysh gno-
rance, we take pleasure in publishing it, On
examining closely the various provisions ofths
bill, we are unable 10 withhold from the author,
Mr. Farrar, all the credit due 10 an act for the re-
ierofthe oppressed, the protection orthe homes
citizen, and the due punishment oithe lraudu
lent, The enlightenment ofthc present day
must be a mere empty sound 50 long as the un-
fortunate citizen is liable to be thrown into a
dungeon 10 satisfy The Vicious caprice Of a mod
ern Shylock to whom in the course OF trade he
may have become debtor in trihing amount
The eradication Of this dark spot in the Code
ofMssssippi, as effected by the present meas
ure, is a cause for congratulaton 10 every one
who breathes the spirit Of true republicansm.
A law somewhat similar in its provisions to
the one under notice has recently gone into eff
feet in England; and most of the state Legisla-
lures in tins Union either have passed or are a
bout 10 act on bills TO carry into effect the cx-
tnction of this relic OF the dark ages.
BILL
SECTION /. BE enacted brittle Lcg;slaiureI
JHe STATE Of Mississippi, That no person shall
be arrested or imprisoned on any mesne or final
writ or process issuing out Of any court Of law
or equity within this slate, or in any suit, ac-I
ton or proceeding instituted for the recovery
Of any debt due on any contract, promise
or agreement, or for the recovery Of dam
ages in any action of trespass. or on any
Judgment or decree founded upon any such con-
tract, promise or agreement, or damages lorI
the non-perIormance thereof OF. on any Judge
ment IN action OF trespass, or for consequen.
liol damages, eXcep. in cases hereinafter spe-
CITED.
SIC. g The provisions of the first and fore
going section shall moi extend to proccedingsI
Tor contempts, actions orjudgements, for fines
orpenaIlles, for crimes, msdemeanors or otfen-I
ces, prosecuted in the name of the state Of Mis-
sssppi or on promises to marry, actions oil
SANDER; for money collected by any public Off
Ger or attorney at law, or for any misconduct
Or neglect in office or professional employment
Sec. 3. fany creditor, his authorized agent
or attorney, shall make oath or affirmation, in
writing, before any Judge of the high court o!
errors and appeals, the Chancellor OF the sape.
rior court OF chancery,a Judge Of the circuit
court, Justice ofthe peace or Clerk OF either Of
said courts, that there is debt or demand Just
~ due to such creditors of one hundred dollars
or upwards, specifying as nearly as may be, the
nature and mount thereof, and establishing
one or more Of the following particulars;
]. That the defendant is about to remove his
property out of the jurisdiction Of the court
with intent TO defroud his creditors,
2, That he is about TO convert his property
INTO money for the purpose of placing it beyond
the reach oEhls creditors.
8. That ne has property or rights in action
which he fraudulcntly conceals
4. That he has assigned, removed or dispo.
sed Of, or is about to dispose of his properly
with intent TO delraud his creditors,
5. That he lrauduently contracted the debt
or incurred the obligation for which suit i,
about 10 be brought, and shall file such affida
Wit with the clerk OF the circuit court Of the
proper county; such clerk shall thereupon issue
capias, which shall be served, and the suit
Instituted thereby shall be- in all respects, in
the same manner as this act had not passed
SEC. A. On any judgement or decree The court
when in session or any Judge thereof, in yaca-
ton, may order a capias ad satislacendum to be
issued against the judgment debtor on the ap-
plication Of the Judgment creditor, or his law.
ful attorney, if such court or Judge shall be sat
isfed by the affidavit of such applicant, and
such other testimony as he shall present, Of the
existence Of either of the following particulars
l. That the judgment debtor has removed
or is about TO remove any Of his property out
Of the Jurisdiction Of the court, with intent 10
prevent the collection Of the money due on
Judgment or DEGREES; or,
2. That he has property, rights in action
evidences Of debt, or some interest or stock il
some corporation or company, which he fraud
uenly conceals, or unjuslly refuses TO apply t
the payment Of the judgement or decree; or,
81 That lie has assigned, or disposed of, or j
about 10 assign or dispose Of, his rights in &C
non, with intent TO delraud his creditors, o
giyean Unfair preference TO some Of them; or