Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-11-25
WASHINGTON NEWS AND GOSSIP.
GOVERNOR WALKER.-We learn that Gov
ernor Robert j. Walker is looked for positively
to reach this city by the train from the West to
arrive this afternoon ~-Eef -EE=)

to reach this city by the train from the west to
arrive this afternoon. - -
TuASKsG1yING DAY-To-morrox being the
day set apart by our Municipal Councils for a
general Thank sgiying, to enable our little army
of assistants and employeesto participate in its
religious services and subsequent festivities,
the issue of the Star will be suspended for the
day. -----
\ The various Government Offices in this city,
We learn, will also remain closed throughout
the day, according to custom
The DIsTRIcT CoDE.-We have heard it al
legged in vsrious quarters that the Revised
Code revives imprisonment for debt This Is
simply sheer nonsense. The report has boon
gotten up to humbug and bamboozle such per-
sons as have not read the provisions of the
Code In this respect the Code speaks for
itself, and we invite the unprejudiced judg-
ment Of our readers to an examination of the
subject. After a careful reading of the pro-
visions relating to this subject, we find the
whole matter to be as follows.
In no case is any person held to bail before
judgment. Even if debt be fraudulently con-
tracted, the party making it cannot be held to
bail. In this respect the Code is far more lem
lent than nineteen-twentieths of the laws
OF the various States of the Union We
think we are safe in stating that very large
majority of the States allow party to be held
to bail land Of course imprisoned for want of
BAIL in eases of fraud, even before judgment.
This the Code does not do 1t requires in
every case that a party should establish the
justice Of his claim by prosecuting it to judg-
ment. No arrest Of any kind, and no holding
to bail before judgment, is allowed in any case
When, however, a judgment is obtained an
execution against the property of the judgment
debtor is allowed to be issued If upon thi,
execution, u return Of no goods be made, the
Judgment creditor is not even then allowed to
issue an execution against the body of the
debtor.
If, however, the facts of the case support him,
he is allowed to file an affidavit, charging tie
debter with 9 trandnienfiy concealing, remoy-
ing, conveying, or transferring his property
subject to execution, Nth intent to Gsfraud
aud delay the plaintiff, or charging that the
debtor has money, rights, credits or effects,
with which the Judgment, or some part thereof,
might be paid, and which he traudnlently
withholds or conceals, with rie,c TO dcLay or
dcf,a"d the creditor" If this oath is taken
wantonly, or. is not supported by probable
cause, 1T is pcyynry, and therefore will not be
apt to be taken except for good reason. But
this affidavit even, will not imprison the debtor
The Clerk is required by the provisions of the
Code to tissue notice requiring the debtor to
appear at he nert term of Ms rotrt and show
cause why execution should not issue against
him. y When the debtor appears, or even if
be does not appear, the matters charged in the
affidavit are tried before jury, and the ques-
tiOn is submitted to that jury whether the party
has committed the fraud charged in the afi-
dayit. .4
In other words, . jury is to determine whe-
-ther the debtor has frsuduisntiy concealed,
removed, DC, his property nth intent to de-
Jrand the creditor. If the jury find that the
debtor has trandulentiy concealed, removed,
&c, his property, with intent to defraud the
creditor, even then there is no imprisonment if
the debtor will deliver up the property which
the jury has found he has trapdutently con-
csaled, removed, &c. If he will not deliver it
up he as then punished for tie fraud by i'm
prisonment. And so he ought to be. If twelve
men, whom he has the privilege Of challenging,
say he has committed fraud, and which fraud
he has the power to rectify, if he refuses to rec
tify it, every honest mind will say he ought to
be punished The jury is required by the pro-
visions Of the Code to find even something
more than that the debtor has committed
fraud. They are obliged to return in their
verdict he particular aud specific property
which the debtor has concealed, removed, &C.,
fraudulently. That is required in order to
enable the debtor to discharge himself by de-
livering it up.
We have thus gone over the entire law relat-
ing to this matter. We have done so with
great particularly. Any person who has
copy Of the Code, can, by reference to pages
3sl and 392, see whether VIC have quoted the
law correctly or not. For the benefit of such
as do not have copy of the Code, we quote all
the law relating to that subject, as follows:
Sec. 81. Before any execution shall be issued
upon any judg ment against the BODY Of the exc
cution debtor, thu plaintiff shall file with the
cl-ik an affidavit, charging the debtor with fraud
uientiy concealin9, removing, conveying ,or trans
fsrring his property subject TO execution, with
intent to def aud and delay the plaintiff charg-
ing that the debtor has money, rights, credits, or
effects. with which the judgment, or some part
lently wthholds, or conceals, with a view to de-
lay or defraud the creditor.
Sec. SO. The affidavit need not designate spe-
cihcally any property, moneys, or effects, fraud
ulently removed, transferred, concealed, convey
ed or withheld by the debtor, but the jury or
court, in determining the matters In issue be-
tween the parties, II the finding be for the cred
itor, shall designate, in the finding, the moneys
effects, property, debt or things in action subject
to execution, which have been thus removed,
| concealed, transferred, conveyed, or withheld,
aud the vaire thereof ~
sec. 81. Upon the filing of the affidavit the
clerk shall issue notice requiring the debtor to
appear at the next term Of TIE cosrt, and show
cause why such execution should not issue
against him. After ten days notice, or after the
return Of two notices Of ''Rot found,n the court
shall hear and determine the matters and things
contained In the affidavit
Sec SIS. Ii the debtor shall fail to appear and
show cause, the court may hear and determine
the same In the absence Of the debtor. or jury
for that purpose may be emPanneled, II desired
by the creditor.
Sec. Sc. 1.-THE debtor appear, and plead to the
affidavit any uficient matter to bar the issuing
Of the execution, and an issue be taken thereon
the same may be tried by the court, or jury, as