Litchfield enquirer., 1839-03-07
IMPRlsoNMENT, FOR DEBT.

Nothing can hotter illustrate the utter incapacity Of
ao.rS
they caused TO be enacted on this subject in 1887. 1t
is not probable that many of our citizens have exam
ined this act, the provisions which are more absurd
the pages ofour Statute Book, It's entitled An act
TO abolish imprisonment for debt Z; but II should be
entitled AN ACT 70 1NyoLvE BOTH CREDITOR AND
DEssa Afo T Ss sSw T
such is its real character We need only recur 10 the
fact that the act provides tbai the creditor may apply
to the authority signing h WT OF 70 any judge OF the
to arrest the DEBTOR to I've granted in case such cred
tor complies with certain conditions prescrbed by the
Statute. The act then says that the officer 20 whom
ne warrant Sr. Sre hress ne Soay o. the
such warrant, and hold him 10 custody iii the truth OF
certain allegations which the creditor may. make
against his debtor is ascertained one Of which is
then he is either to e discharged committed 10 pr.
son in the county where the hearing s had, as the
court may decide the matter OF fact tie one way or
the other. Here would observe,
!. That according 10 this Statute the creditor can
apply to no one but TO the Justice scho Aligned the
srrit 10 judge OF the court TO which j. 70 refarnG-
BIZ. for warrant TO arrest The body Of his dcbtor
or Judge, wherever he may reside, mn matter how dis
taHt TO be tried, with view 70 ascertain whether he
sh0u!d be incarcerated: ~ 's t-
g. Hence il fellows that a creditor living in Ston-
ingtOn, for instance, may pray out o writ against
citizen Of Salisbury, apply 10 Justice in Stonington
for warrant (he same who signed his writ, drag the
badly Of the debtor across the State, and try him in
Sonneton, TO ascertain whether he onght 10 be sent
I. What 10 very remarkable is, that this Statute
says that he shall he tried at any rate before fe aa'
tkoriiy sIGHING the ,o0rra"f, and this mny and often
would he THE CREDIT0R' s LAWYER. 9..}3
5. What is equally remarkable 10, that this law
does not allow toihe debtor even the poor privilege oil
obtaining ball. bat to S'oningt6n Gin the ease suppO-
sed) he must 90, whether hk will 0rn0.
6. Whatis will more ss,agksble the act says that
The county in which de tiag d had. 50 that after
onr friend from Salisbury ~ arrived q 6senington
;ae 10 i"Se he S.ssc 8 Is rss. inie ons Of The
gaos Of that county and thus efEeciuaIly separated
lr0m his family and friends. ass.
These are ma one half OEthe abs0Edses q this inn.
practicable law. There = in it' such o tumble q
strange and neo.grsIc1s provisions that j. get with
nothing INT dcule and c6hsempt curing The few bTie
months Of is existence; Snch aM ahortio. could
StilIman X. Wiehsman md Charles b Phelps. Tbe
repeal Of such law was inevitable. Accordingly
de last Legislature iock q. snhlect gp asd sbsin
ed Tor the strange law ctl'N an eonisining the
.s body II The dsi.or i. taken on attach
rent, he may go before jnslice and take the pom
debtor. oath npon ihs adminsiEason 81 which be h
3 A defendant 10 any ssiit may apply Cor the oath
bejnye .sa Judgment i rendered. and if such appi
cnlon suceeeds the exeeutic SONY 90 issne ssains
biz properly. and no, againsi bic body. 1f@
FELLow CtrrzExs Look AT THIS coxTRAsT:
Lao Fsc6 aasskod Of absfislmg inprisosmeHs .fo'
deBs--To issne warrant aaeIn.i The poor debtor
drag him 10 remote part Ct she Ssaie, NY him sepa
Fnled lsnm His counsel. Witnesses aud friends. sSd
seyc, Il any one of number Of particulars be fnunt
sgainal him. 10 ,hros, him into eaol amng si!a9ge'
whore he s ~ We without 'e possibility ~ EcIsei
WAie mfhad ~ oboiishine iMprisohsiemt IN dsAe =
To pasInis Inc debtor take che ponF mans Goth
hOule N HE UWn county. - that he need not 60 :,
gnsd NJ an and thaa save HE fie Ew NE maintenance
q be family. and his rnRs ho's being acUsased b'
On iGD.aiNiNi0ah cePem0ssv.
"A he law now stands. M pnsE mae wh0 h hahes
need sse llo inside a prison and lhr al NE aho
lshiRg II lmpElsanmeal Eg debt dehiande9 ~ souNs
policy sad genuine phlanann.phg. .ssa.s q.
.Trs AFRIEND es rvs pooR.