Holly Springs gazette., 1844-03-02


of the following facts is established by oath.
First, sthat the defendant is about to remove
his property out of the jurisdiction of the
court, with intent to defraud his creditors.
Second. shat be is about to convert his
property into money, for the purpose Of pla
chg il 5eyond the reach of his creditors
Third, that he has property, or rights in
action. which he fra1dulently conceals
Fourth, that be has assigned. removed, or
disposed of or Is about TO dispose Of his prop
ertv, with intent TO defraud his creditors .
Fifth. that he fraudulently contracted the
debt. or incurred the obligation, for which
suit is about to be brought Before the
fraudulent debtor can be arrested, one of
these charges must be verified by oath
There is one safe guard; the liberty of the
innocent citizen cannot be invaded without
perinry-and perjury meets Its punishment
in the penitentiary. An additional safe
Guard IS, that bond with security must be
given. to paw all damages that defendant
NAV sustain by the wrongful issuance of the
penalties Of perjury. he can be made to suf
Ter, in the pocket, 70: his want of memory.
But it is said. ShylockS will abuse the
power they acquire under the provisions Of
this law. Il is a favorite mode Of argument
for gentlemen in this house. to indulge In
epithets Epithets can be applied to the in
dulpent creditor as well as TO the merci-
less and exacting. And when we see
man (whOse confidence has been betrayed
by a friend in whose honesty he had implic-
il relance) struggling TO recover the pos
session of that property of WHICH he had
been deprived by fraud, it seems a hard
measure OF Justice 10 denominate such an
one a SSyiock. But because this law may
be abused, is It a reason, II should not be
passed. All laws may be abused-some
times the guilty escape and the innocent are
pnnished-courts Of justice are sometimes
used for the purposes Of oppression because
their power Is abused, ought courts to be
aboIshed2 Legislatures become corrupt
aud regardless of the good Of the people
because they abuse the power with which
they are entrusted, shall there be no legIsla-
ture2 Hypocrites can assume the garb OF
true believers because the holy pIecepts of
Christianity may be abused for the advance
ment of unholy purposes, shall Christianity
also be abolished 1t is evident, Mr..
Speaker, tha. this argument strikes at the
existence of our social institutions, as well
as the bill now before the house.
His object was, TO take away from the
fraudulent debtor the advantages, which he
enioyed under the act of 1910, over the
honest man. The good citizen would stand
| his ground and not finch from the pay
menIof his debts, though it took every cent
of property he had while the fraudulent
would and did in the light of day, remove
their property beyond the lin its of the state
and put their creditors and justice at def
ance Such a course of conduc. was legal.
lied by the act of 1910, which ought to be
entitled an act for the encouragement o.
| fraud, instead of an act for the abolishmenl
| of Imprisonment for debt. Mr.. Greer, went
/ on 10 say that, rather than such a state o.
things should continue, he would support a
/ bill for preventing the collection of debt:
| by law rather leave the payment of debt:
to the honor of the parties than to make
such odiOus distinctions between members
of the same community.
He repeated the declarations, that no con
sideration would induce him to support a
measure that would oppress the poor and
unfor:unate and if the repeal Of the act O.
1910 would have the effect of revIvinr the
tyranlcal and oppressive law Of 1922 whicf
gave the creditor the power of issuing his
writ against the body as we'll as the prop
erty Of the debtor, he would immediately
withdraw his support of the bill. and leave
the act OF $40 with all its denominations as
the law of the land, but this not being the
case, be would urge upon the house no
to recommit, but 10 take speed and final ac
lion upon the bill