The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-01-31
Prstcctien for Creditors.

~ ''e Ioftor o. the Press.
Inc sympashies of your correspondent
Lex enlisted in behalf of poor creditors re-
lnino one OF the compassion of the little boy.
VINO on seeing the picture of Daniel and the
Lions, was so grieved at the prospect that the
poor little lion in the corner would not oct
any of him. 1t is legal maxim supposed to
be founded in justice, that the law does not
afford its aid 10 those who sleep and certain
ly community of landlords and other traders
so gullible as to allow many repetitions of the
pathetic and perfdious" confidence opera.
tions described by him must be drowsy set :;
and it is requiring too much of people to ask
that laws should be kept in force, whose chief
mertS that they save creditors the trouble of
crossing the street" to ascertain the responsi
bility of customer.
In the case stated of man receiving
monthly wages, arrest is not the only effectual
remedy, unless the man receives his nav in
advance, and in that case, if credit is refused
the clame of starving himself and family rests
solely upon the debtor, as it does in any Gaze
it by his deeeitful practices he DESTROYS his
reputation for honesty and fair dealing. AS
the law stands at present any one to whom a
debt OF ten dollars, or over, is DUE can cause
the arrest OF his debtor, and on making oath
that he has reason to suspect him Of an in
tentiOn to leave the State, he can do .bjs
without aAy regard to the merits of his own
claim. Personal liberty is snatched from a
man, with no chance Tor its protection; and
the only means TO regain it are an immediate
payment OF the debt and its costs forced upcn
him, or disclosure of his affairs, which man.
ii the debt is at the lowest limit viz: ten dol.
lars, cost him nearly as much, and is at apy
rate accompanied by vexatious delay and to a
sensitive man, inconceivabe annoyance
There is, 1t is true, the opportunity of releas.
ing oneself by giving bond to disclose or CIV
ing the officer sufficient security for personal
appearance, but this is consideration of the
law 10 cases where the debtor is unable to
avail himself of that relief from sheer poverty
No one will deny the justice OF protecting
honesty against fraud, and providing suita-
Bile remedy for the benefit of creditors, who,
after due exercise of vigilance and caution,
are likely 10 lose their just dues; but wheo
that remedy is so severe as the punishment of
imprisonment and there is chance that the
burden of it may fall upon an innocent though
unfortunate man, every precautiOn should be
exercised, and every facility offered to guaid
against such result, aud provide suitable
relief for the poor man, who, with the full in
tenton to pay all his liabilities. hs;;fd has fourd
himself forced to run int0Gefot but unable to
discharge it as soon as due.
:, ne Stale OF Maine stands preemiuent for
htjastice and liberality of its system of iu.
-fisprudence. Would it not be we'll to inquire
in regard TO the poor debtors law.
l. Is not the limit of Indebtedness, which
will authorize an arrest, viz. ten dollars, too
low?
2. Should not provision be made, that iu
case OF arrest or mesle process, debtor, on
producing satisfactory proof TO a magistrate
that he did not intend to ledue Tie State,
should be allowed to take oath to that effect,
and be discharged?
B.. Is not the present allowance Of time for
service OF notice OF intended disclosure, too
long? l. e. does it not give opportunity to a
creditor TO maliciously delay debtor and i'm
pede his business?
If a careful scrutiny of the working of the
law, as it is, shows its justice and wisdom, we
shorld all cheerfully acluiesce, but surely we
cannot be too cautious in weighing facts before
adopting remedy so harsh as the depriva-
lieh Oh PERSONAL liberty. Jus.