Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-11-16

originated, the bill entitled, An ACT In
edition TO chapter one hundred and
twenty one of the general statutes"
which have not approved. .u
The first clause of the first section of
the bill returned, refers to section forty
Ave OF chapter one hundred and twenty
enc OF the general statutes, which Is In
these words; aft the commissioners
End that the prisoner has no estate to
The amount OF twenty dollars, nor sufil-
sient to satisfy the execution on which
he is committed, exclusive of such prop
srty as is by law exempt from execution,
and has not disposed OF any part of his
estate to defraud his creditors, nor dis
posed of the same after his commitment,
for the purpose of defrauding the com
uniting creditor, or of preferring other
creditors to him, they shall admit him
to the poor debtors oath, and deliver
him two certificates in the form herein
after prescribed"
provides that notwithstanding the debt
or may have committed any or all of
these frauds, and for that cause has
been denied the benefit of the poor debt
or's oath, he may nevertheless make APP
plication to the County Court or Judge
Of the Supreme Court by petition pray
ing to be discharged from such impris-
onment, and the subsequent sections au-
thorize the County Court or such Judge
of the Supreme Court, if he chooses to
entertain the petition, to order final
discharge of the prisoner, to take effect
At such time as they determine.
All this, too, is to be done without
providing at all for the interest Of the
defrauded creditor.
The common law, as accepted and ad-
ministered in this State, holds all fraud
In business transactions in great abhor-
renee and discountenances it in every
possible way it annuls and holds as
void all contracts into the composition
Of which fraud enters, and holds a
fraudulent party to make good In dam
ages all injury he has occasioned to an
other. And our State legislation has
from it's beginning stood boldly by the
sommon law, going further than that
could, and imposing penalties and for
FIXTURES upon the fraudulent party. As
o specimen Of State legislation, I refer
10 sections thirty-two and thirty-three
Of chapter one hundred and thirteen OF
the general statutes. .fa..rs
The forty fifth section OF chapter one
hundred and twenty one, before quoted,
is in perfect keeping and harmony in
principle with all our other State legis-
lation upon the subject of frauds and
fraudulent transactions and it seems
to me that the bill now under discussion
both in spirit and purpose, is in conflic'
with our previous legislation upon thu
same subject. Had the bill been put il
different form. and contained singl,
PROPOSE ion, so as to amend section for
ty-fve of chapter one hundred ant
twenty-one, that any disposition of tn
debtors property which he might make
with intent to defraud his creditors
should be no bar to his being allowe'
! the benefit Of the poor debtors oath,
apprehend that it would have met wit
little favor from the Legislature. Doe
not the bill, In it's provisions, indirectl.
do the same thing7 Is there any salts
factory reason why 1t should become I
law 1t seems more than probable tina
j 1t was introduced and urged upon thu
attention Of the Legislature to NEE
some existing case, where debter has
unfortunately, in his own estimation
thrown embarrassments about himsel
by some violation of existing laws
that be so, we are to remember that a
jail limits now are co.extensive wit
The boundaries of our State, an
the inconvenience to an individual fror
having to reside constantly in Vermont
or else pay an honest debt, should not,
think, furnish sufficient reason for
change, which to say the least of it,
receding from the high tone of bushes
morals and integrity which our Law
have hitherto uniformly insisted upol
1t is not to be presumed that an
hoard of Jail commissioners ever did, {
will, refuse the poor debtors oath to Oh
In ptison, on the ground Of fraudulel
disposition of his property, until Il
fraud is clearly proved, and when tn
Is done, to turn him over to another Il
bunal to be discharged, his fraud to u
contrary Notwithstanding, seems repu
nant to the harmony of our laws, al
70 sound jastice. si
Ins These views have induced me TO retu
this bill to the House for their furth
consideration, and should it after tn
consideration become law, shall #
r more reconciled to it than | could ha
been had l approved it without subm
ting 1t to the second sober thought
the Legislature. =.
d ... .. PAUL DILLINGHAM;