The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-01-24
ST.. PAui- Jan. IN lgss-


GsNrtwNrS - As There sveffs Is ~ u MIR
understanding inspecting the intention an
effect VI the Memorial of naeu,bers OF the h.,
presented to the Legislative Council, on u,
18th a'stan, and as we prrrared and cir,pula
Vi that Memorial. AMI procured lis pracataiic,
We herewith send copy thera Tor qualification
IN your paper The Bill prepared anal Nad b
Mr., HANSON ancGls the first mbdy isioa I
scc. %, Of the law ri Arrest and Bail. qaots
IN the memorial, by making the same Rad .
follows:
sesse Of seen arising an eslixsiiaa whs,e the 4,
eaasnt y nes rvsdsat al thu rrtstory es i, sbcut
.sme's h~f"ir~", tes" sntes' 70 a.sfuna ka e1sefs
Thus rudering /, impossible to a,res, an,
except fraudulent ,lohtors. and nonresident siebi
on some security foe the ap,sarlnsr II til
, latter class III debtors "a answer 10 aetio,,.
against them has always been nccc~ary, am.
has IN oil wcllgcscrned states, bceu provided
in this form.
The intention is 10 prpvcat and pauisl
tia'si, and no more, and We submit, such alos
can he the result Of thu legislation solicited.
We prcsume no good citizen will object u
such legislation. essential as il is 10 our owl,
protection, and the protection Of thas, who
eonhde their property TO the ean Of our laws.
There have been more fraudulent fauns in
Minnesota since the enactment Of the ac, Of
March III 1888, than ever occurred before, iron,
the organization Of the Territorial government
and by reason Of that enactment they have gene
rally been successful
Respectfully yours.
HoLiiSsngAn 4 Bsehsn.
Sr PAU, January, 10Th, 1856.
To tie Hoao,ohs The Cosnsa and Hbuse Of Req
res-tdf'res 81 Tie Territory q Mmsssota
The memorial Of the undersigned members
Of the Bar of said Territory respectfully shew.
eth:
That your memorialists represent. IN their
professional capacity, large number Of the
citizens Of the United States. resident within,
and without, this Territory. who have entrus,ed.
80 catrast and Who. if ssaesu,hlx aas.c.sssy,,,-
will continue to cntrust their property and crdi,
TO the protection Of our laws. and 10 the pro
motion Of the welfare IT Minat~ota.
Ia this capacity your mcmorialists respect
fully ask. and urge, the repeal Of the net called
AN act to abolish imprisonment for debt, and
for other purposes" Approved March 81,
1853
Because imprisonment for debt alone. has
never been sanctioned by the laws of this Ter
ritory, whether upon original or final process,
aud therefore the said enactment was nuncces
sary, Is improperly entitled, AMI WINS improvi
IDENTIFY enacted.
The lava Of Minnesota, (rcyiscl statutes,
page "a authorized arrest previous to tho said
enactment, only Ms follows
ARREST AND HAIL
SIC. W. No person can bc arrs2iei IN q
civil action, except N prcscribcd by this chap.
ter but this provision does not apply to pro.
cccslngs for contempt.
Sac. -. Tho defendant may lc arrested %.
hereinafter prescribed, In the following cn@w
/. In M action ior the recovery of damages,
or cause Of action arising on an obligation
where the defendant Is not resident nf tia ter
ritory, or Is about to remove thercfrom. or where
the action is ior n wiiful injury TO person or to
property, knowing the property to belong to
anothe,:
=. In m action for inc or penalty. OF on a
promise 10 marry, ar tor money or property EN-.
bczzlod or frandulcntly misapplied, or converted
~ bis own use by public officer. or an ofIics
Of corporation, or IN attorney, factor, broker
agent. OF clerk, in tho course Of bis employment
as such, or by any other person In n iiucinry
capacity or tet misconduct on neglect Ia Office,
or IN professional employment, SASH 81.
,. In mn action 10 recover tho possession Of
personal property uljustly detained, where the
property or any part thereof has been conceal
el, removed. or disposed Of so that il cannot be
found or taken by tho sheriff.
4. When the defendant has been guilty Of 0
fraud in contracting the debt, on mourning tic
obligation Tor which the action IL brought, ~
In copceang or dlsposing of the property, for
! the taking. dctcniion or conversion Of which
the action is brought
.. When the defendant hus removed conceal
ed, or disposed d bi. property. or IL about 10
do So with intent 10 dcfaud bis creditors.
9. When tho arrest Of tho defendant Il es-
prcssly authorized by special statutes, In All az.
ton ts fine or Isi,alty, or fur willful sipla
ton 0i duty hut no iemsle can In nrres,ht In
any action, except for williul injury to person,
character OF property
SO. 90. An order for the arrest II the DO.
iendapt must bc obtained from q Judge n the
court IN which the acton is brought.
SIC. 81. The order may he made whenever
il appears TO the judge by the affidavit Of the
plaintiff or Of any other person. that a sufficient
cause of action exists, and that the case IL one
Of thase mentioned in section ninety Ave.
sEo, ". Before making the order, ,i,e Judge
must require written undertaking on the part
Of the plaintiff, with or without surciifs, 10 the
effect that II the defendant recover Judgment,
the plaintiff will pay all costs and charges tim,
may b. awardeI 10 the defendant. and all dapt
agez which b. may sustain by reason of the mr.,
rest, not exceeding the sum specified In III. un
dertaking, which mnst bc ~ least one haiahrti
dollars. II the undertaking he exccuted bytlc
plaintiff without sur,ties. bs must annex tbertto
an affidavit that b. IA resident and householder
or freeboJer, within the territory. and worth
doublr the sutn ETcciiini In the undertaking
over oil his debts and liabilities.
SIC %. The order may h. ma'is TO accom-.
psDy the summons. OF al any time afterwards.
before payment. II must require the sheriff NJ
the county where .br defendant may he found.
forthwith 10 nrrsst him and hold him 10 hail, 10
specified sum and TO return the order nj n
time and place therein mentioned, To the PLAIN
tin or attorney by whom II h yubscribed or IN
.lovssd
/ SIC 100 1ls affidavit aud ordr u ar.
rest must he delivered 10 The sheriff who. upon
aresting the deipdanl must deliver 20 him y
copy thereof
| snth enactment ID essential - the welfare n
every commercial COMMUNITY especially every
Hsssrn commercial community. and cannot,