New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-13
{" IMPRISONMENT FOR DEBT"
THE MARsuALsEA OF NEw-roRK.

Fleet Prison has sometimes counterpart ut tho JAN IN
Ludlowsty This may seem like an exaggeratIo, because
it would appear impossible for any man not chaIeu Win
a crime to grow old In prison in America, but as inc
officers of tie Ludlow Jail say that man near
ccraed there may obtain his discharge in about three
months unless he lies supney idle and docs not endeaYor
to effect his release, it Is plain by The exception they
make that some do at least may lie suprey idle
until their hairs wliteD Ike those OF Little
DorTfs father. Notwithstanding the act TO
abolish imprisonment Tor IeDt, Kho"n Us Iic
stllwe act has been in operation for ncaTy fOyears
there Is stln practically !! hOt lheoleil'hy kuen
thing the incarceration oideOior5 me iG3s - .OMn
all the country as the prison III Hheh perso
charged with crime N tbs eiy are e1ine,, us G GS
al In the CITY OF NewYctk for the confinement OF per-
sons arrested civil prOeessP Yet IL WAS 0DIy rev
mouths as9 ~ W. ne nrii31i In Iudiowst
because he owed money, and died leart
period since Ar B0Nle5 81 lhS ept"WsI AeP'y ,s.s
was burrch from his hotel at night, and iaceu Nitn
it, walls The pen OF Dickens may preserve NC ileo
notwithstanding the English Bankrupt Ace aD01sihB
imprisonment for debt except when l:tud9ehuy cor
traCed passed in lsJl tue TIE "racit Sun i've, anu dn
1863 there stll cOninedln Enghs PRISONS as many az
might ihcarceI'Ite sI, IetNlss -. ~ ~ frc,
dell since breach OF promise OF marriage heAcpeu CM
Oued npon any Judgment decree founded upon con-
tract thc time thIt the law regards ii rage IL
SELF Is nothing more than clyil eonlIse ~ Solso
hearts DO healed with money, 1t Is ~ Geul 10
understand why they Should require ~ aGdiIioLa ps
Women. however. should he slow IN enforcing ms REM
edy, a. they cannot loo Imprisoned even IN me e&ctp
ceptious ia actions for damages on cause 81 action
arising out Of contract where the defendant Is not
resident the State, about to remove hercfrOn.
FOR injury To person or character or Tor wIonRiuy TAX
recovery OF fines and penalties Tor moneys collected by
public officer, FOR misconduct o. neglect IN oice, or
IN any fluciary or professional employment.
The act 70 bollsl mprisOnment Tor debt provides for
tie punishment OF fraudulent deb ofs ms II phrase
OF very extensive Specification, 1t often carries much
Injustice ard wrong ts tram 10 IS easier 10 arrest ara
nprsoE fraudulent debtors, % debtors even who are
only unfortunate without any ihientoa 70 deiI5ud Ila
10 punish fraudulent creditors who seek 10 enforce the
payment Of claims by process that sometimes begets
riJs yot1rr than tie src3dy msnoned, where
debtor May DO arrested aud Imprisoned are where the
Is about - remove lis property ont OF the
Jurisdiction Of the Court with intent 70 delraud;
that ne has properly money which he
irauGalcnty cOncoals refuses 10 apply To the payment
OF debit that be has disposed or Il about 20 dispose
81 ms property. WIN intent 10 Geltan1 us eteuoI OF
that fradulcHy contracted the debt upon winch the
suit Is brought II needs NJ argument 20 snoW now easy
fraud is all that required from elastic conscencos; and
1t Is not at al difficult to aege ata man a3Oht 10 run
unfortunate creditor II INSCRIPTIONS judges league
themselves with INSCRIPTIONS creditors or 9isVhOlHDIe
practitioners u may DC ultue an enShe oi uPieSSso"
from which man who owes money Is entirely saIe.
The first impulse Of man whose debtor cannot Pay IS
modelled within the stllwe act or the broad
er notifications OF that act which lave since been
adopted, very often follows Inc 1e5or Is sSt 70 Ji OF
gets himself upon the limits" and often, unconscious OF
cept inability 10 pay, the poor pEisocf suffers ls heeAS
and even months, all tho agOnie5 OF prisoner Tor deD
IL IA marvellous That nearly halt century ait9r @
onment FOR debt was abolished IN TINS STATE VIC cry OF
New-YOrs keeps and maintains prison i0r persons ar
rested upon civil process and not only keeps such
prson but has II nc all times well filed with prisoners
Letters come tO TIE TRIBUNE often dated iIOm Lud
lowest Jail alleging that the writers are imprisoned for
and iuquirlne II there no relief Sometimes these
letters pathetic enough and they frequently come IN
,nFe Of aS for Sc Ior o sS H o Is
care OF tho husband and father"
But there Is no Imprisonment for debt" excaim the
ThCse who make most frss about # are generally tho
biggest rogues the officers at the IuGlow;sc prison.
Tho Iuauw.st JAN is plain brick. not az AL formula
BILE looking building One might walk past IL hundred
times aud never think that within IL are 90 prisoners con-
fined upon evil process and kept there at their own eS
pense. Nor would oue In walking mp ana down Broad
way imagine tGa some OF the sopo 70 una eSs ire
bonds not to step or this island How many persons
there OF this character Is not readily ascertaed for
the officials the jail extremely shy OF ques,oners
They tell you they can give YOU 10 Information without
first consulting with the Sheriff" The suspicious furtive
OF the Sheriff aud his deputies enough 10 con-
vince one that there are many men In jail who ought not
10 be there. Notwithstanding that imprisonment for debt
has been abolished there is stu way TO send debtor
total
tanned from Judge OF the Court IN which the action is
brought, or from County Judge upon affidavit which
should make Out prnd Jaeis case against the defend
ant Proceedings In these are not original process
but provisional remedies in civil actions already brought
brought simultaneously with the enforcement OF the
provisional remedies Before any person obtain an
order Of arrest he must give security or enter into
written undertaking that In case the defendant recover
judgment no will pay all costs aud damages which may
be awarded to the defendant The affidavit and order Of
arrest then placed In the hands Of the sheriff who
bound to arrest the defendant and hold him In custody
until he Is discharged By law The defendant may 10
leased upon giving ball. or dep0Stiug with tho sheriff tho
amount mentioned in the order OF arrest The Sheriff
required within four days after deposit II made 10 pay
the money into Court, but bail may be aterward sub
situted for the deposit aud the money refunded to the
defendant The sheriff is at all times laplo Tor the
escape Of the defendant, or when ne mas ac-
cepted ball. may he required 10 Justify IL under tie loms
q the law Anexecution against the person may DC lad
after Judgment Ia ali cases where tho deIenuy1l Da3e
TO arrest upon civil process But tho effect OF taking The
body OF party In execution IA, a. geneTA rnle salts
faction Of the Judgment Tho defendant may pe as
charged by paying the amount OF the levy 70 tue she!
or the plaintiffs attorney, or making an assessments vi
his propery: but The sheriff cannot discharge the party
arrested his giving security III the ueiehiah
TO discharge the execution he may he admitted 10 he o
critics of the ail executing bond 10 tho sher ihs
A. what ia meant by being on the limits tho IDerlles OF
his cty beIpg all the City aud County or New'IoTk"
The attendant may also be discharged ON haDeas corpus
either before after Judgment put where man VINO
ts sscnrity necessary get upon 1.-THE lnis ana the
CONT can lind 10 ground discharge under tie blessed
nryieges OF that WRIT for which mon nave commanded so
earnesIy the QNeson Is how long ne may DO detained
cnnyctcd thief knows when the term Of his mpTison
mont An execution against the person may be
made MS almost imprisonment for debt
IN ruder age. The cases wherein these Judgments may
he obtained and executions against the person follow,
flavor something of senicriminal character but under
Tic Criminal Code can be punished for inten
tlnn To do wrong creditor may compel the assign
nent imprisoned debtor OF hts property bur- not
withdrawing that tho dobtor may purge himself OF the
contempt wherewth he Is charged ana may may not
succeed I'm convincing the Court that he has honestly nc
counted for his property aud IL entitled 10 his release
upon petition 20 be allowed 10 make voluntary assign
ncut The whole system mquistOrial and IL Ouly
halfway between the State Prison and the Marshasea