Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1865-11-10

OBJECTIONS OF HIS ExcKLLExcY, TEE GOVERNOR,
10 HOUSE BILL ENTITLED
H1l.-An -fct in additions TO chapter
hundred and fcenfy-oae Of the Genera. Stat
utss in regard TO the disehar9e Of PooS
DEBTORS
EXECUTIVE CHAMHER,
MONTPELIER, November 3. 1895.
Hos. J. ". srrrAsr,
Sysaksr Of Inc House Of Representatives
SIR herewith return to the House Of Rep
resentatives, in which House il originated. the
bill entitled can act in addition 10 chapter one
hundred and twenty-one Of the General Stat
utes," which have not approved.
The 6rst clause Of the first section Of the bill
returned. refers to section forty-fve Of chapter
one hundred and twenty-one Of the General
Statutes, which is in these words
eff the commissioners End that the pri-oner
ha. no estate r. the sfioInt Of twenty lars,
nor sufficient to satisfy the execution on which
he is committed, exclusive Of such property a. IS
by law exempted from execution, and has not
disposed Of any part of his estate to dsfraud hrs
creditors, nor disposed Of the same AFTER his
commitment, for theipurpose Of defrauding the
committing creditor, or Of preferring other cred
Itors to him, they shall admit him to the poor
debtors cath, and deliver him two certificates
in the form hereinafter prescribed-p Ia.
The first section Of the returned bill; provides
that notwithstanding the debtor may have COM
mitted any or all these frauds, and for that cause
has been denied the benefits of the poor debtors
oath, he may, nevertheless, make application TO
the County Court or 10 Judge Of the Supreme
Court by petition, praying to he discharged
from such imprisonment; and the subsequent
sections authorize the County Court, or such
Judge Of the Supreme Court, il he chooses 70
entertain the petition, to order tnsl discharge
of the prisoner. TO take effect at such time as
they determine.
Al this. too, is to be done without providing
al all for the interest Of the defrsuded cred
itOr.
The mon law. as accepted and administer
ed in this State holds all fraud in business tran
saetions in great adherence. and discountenan-
ces il in every possible way; it annuls and holds
as void al contracts into the composition Of
which fraud enters, and hold. fraudulent par
I ~ 10 make good n damages, all injury he has
I occasionei TO another And our State legisla-
ton has from the beginning, stood boldly by the
common law, going further than that could.
| and imposing penalties and forfeitures upon the
/ fraudulent party. As a specimen Of State legIs-
lation, refer to sections thirty-tuo and thirty
| three Of chapter one hundred and thirteen Of
/ the General Statutes
/ The forty-ffth section Of chapter one hundred
! and twenty-one, before quoted, is in perfect
/ keeping and harmony in principle with all our
other State legislation upon the subject Of fraud.
/ and fraudulent transactions and il seems 70
/ me hat the bill now under discussion, both in
spirit and purpose, is in conflict with our pre-
\ vious legislation upon the same subject. Had
the bill been put in different form, and contain
ed a simple proportion. 80 10 amend secton for
/ ty-fve Of chapter one hundred and twenty one,
\ that sny disposition OF the debtors property
/ which he might make, with intent 70 defraud
| his creditors, should make 10 bar 10 his being
allowed the benefit Of the poor debtors oath,
| apprehend that il would have met with little
favor from the Legislature. Does not the bill.
/ in Its provisions, indirectly do the same thing
| Is there any satisfactory reason why it should
I become law? Ii seems more than probable
that it was introduced and urged upon the st
tention of the Legislature to meet some existing
case where debtor has unfortunately, in ME
I own estimation thrown embsrrassments about
himself BY come violation Of existing laws; IL
that be 50, we are TO remember that all Jail I'm
/ its now are co-extensive with the boundaries Of
/ our State, and the Inconvenience to an indi-
I vidual from having to reside constantly in
/ Vermont, or else pay sn honest debt. should not,
/ | think furnish sufficient reason for q change,
which TO say the least Of il, is receSiing from
/ the high tone Of business morals and integrity.
which our laws have hitherto uniformly insisted
| upon
/ II IS no; TO be presumed that any board Of
jail commissioners ever did. or will, refuse the
poor debtors oath 10 one in prison. on the
| ground of a fraudulent disposition OF bis proper
| ", until the fraud Is clearly proved, snd when
that is done, TO turn him over to another tribu-
nal to be discharged, his fraud to the contrary
notwithstanding, seems repugnsnt both to the
harmony Of our laws, and to sound justice.
These views have induced me TO return this
bill TO the House for their further consideration,
I and should it after thst consideration become
I law, | shall feel more recOnciled 10 il than |
could have been had approved it without sub
hitting it to the second sober thought Of the
| legislature
PAUL DILLINGHAM;