The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-12-28
DAILY PRESS.
PORTLAND
Wednesday Morning, December %, 1870.
The Relief Of Poor Debto,s,

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The Relief OF Poor Debtors.
The Imprisonment of debtor who is too
poor to pay, benefits neither the public nor
the creditor. The productive energies of the
prisoner are lost to the public and 10 his fam
lily, to say nothing of the mental suffering he
and his relatives may endure in consequence
of the indignity. The creditor, in majority
of cases, so far from getting bis pay, has to
pay the prisoners board. Except in those
cases where some friend or relative is induced
by the pressure to come forward aud settle
the debt, the imprisonment of poor but hon
est debtors is an unmiteated loss, however
efficacious such summary treatment may be
in making rascals dsgorge. In accordance
with this view the legislation Of our State was
early marked by human provisions TO prevent
the oppression of those whom misfortune or
even improvidence had rendered unable to
pay their debts. At first no one was TO be
arrested for debt of less than five dollars
Afterwards debtors were exempt from arrest
: for all sums less than ten dollars. Nor could
debtor be arrested On mesne process excep.
when about to leave the State, and the credi
tor was obliged 10 make oath that he had
reason to believe and did believe the debtor
was about to depart and reside beyond the
limits of the Stat with property of his own
more than sufficient for his immediate sup
port. Provision was also made for the re-
lease of debtors from confinement on dis
closure by them of the actual state of their
affairs, and a surrender of certain kinds Of
property to satisfy the debt.
As might have been expected this legisla-
ton was somewhat crude at first and but i'm
Defects have been from time to time RENE
died, yet at the present time our legislation
for the relief of poor debtors is very imper-
feet. In cases of arrest on mesne process for
instance, the creditor can commit the most
glazing perjury in making the preliminary
affidavit without any serious risk Of punish
ment. Obviously when one man is to be de-
prived of his liberty for an indefinite period
on the mere affidavit of another, the latter
should be held 10 strict accountability for
the evidence upon which he acts.
In regard to the release of poor debtors on
disclosure our statutes urgently demand re-
vision. theoretically this proceeding is very
simple. Practically there is nothing known
in the law more complicated and uncertain.
A disclosure must be preceded by notice or
citation to the creditar, and service and re-
turn of the same, and each Of these steps may
be envroned by endless pettifogging to delay
the debtor, and weary him into paying. The
vagueness of the statute affords great latitude
for questions of ali sorts, and as these ques-
-tions are seldom carried up to the higher tri-
bunals they remain Tor the most part unset
tied. The justices before whom disclosures
take place are generally governed by their
whims or prejudices, instead Of proceeding
with chat system and regularity which might
give to their rulings the dignity of law A
citation, notice or service which one Justice
considers sufficient, another pronounces in
adequate, so that it is impossible for the debt
Or TO know beforehand what course to take in
order to free himself. He is exposed to obiec.
ton, whatever method he adopts. The pro
ceedings on disclosures have thus become
mere lottery, and the questions arising in con-
nection with them might as we'll be determin-
ed by throwing up coin, as by the costly ad-
Indication of justices Of the peace under the
law as it is.
1t is the duty of our legislature now about
to meet to remedy these difficulties and to
stop the reign Of pettifogging by providing
definitely for forms of notice, citation, and
return methods of service, and which if fol-
lowed shall be sufficient in every case. The
whole proceeding in the release of poor debt
ors by disclosure ought to be as summary.
simple and impressive as possible.
1t is disgraceful that while in our other court.
proceedings have been growing more liberal,
these petty tribunals should become perpetu-
ally more and more ensIaved to tochniealities
and bubbles. 1t is for the legislature to pro-
vide definite rule of proceeding in these
clses so that our law for the relief of moor
debtors can no longer be converted into
continuance for fleeing them.