The Portland daily press., 1876-10-31
Poor Debtor Laws.

To the Editor of the Press:
Whoever has carefully watched the opera-
tion OF the laws of this state for the "relief of
poor debtors" must have become convinced
that in many cases they are used to oppress and
not TO TeI'ere the honest poor. By the provis-
IONS OIL chapter l13 of the revised statutes any
person owing ten dollars or more, is liable to
De arrested upon execution; and In such
case he must either pay the debt and cost.
give six months bond, disclose in the
1us'ouy Oh Inc o' or 90 to Jail. This may
be and Is unf " inst and riaht ,vha, a.
plieo 70 ia est debtor, who conceals his
property and intends to cheat his creditors.
Dut 10 the unfortunate who has become unable
10 pay In consequence Of sickness, losses, and
other circumstances beyond his control. this
law may be made the instrument of tho 60
verest oppression. There are lard hearted.
cold-blooded creditors, as we'll as dishonest
rascally debtors, and the former often seem to
forget the distinctions that ought to be made
between honest and dishonest debtors.
Under this law what can the creditor do To
the honest poor man who is Indebted To him
lie can order the officer 20 arrest him on eye
cution. The debtor has no money, or means
to raise any. He has no friends to sign a six
months bond with him, and his only alerna-
tive to save himself from being thru Sc into a
ielon cell IS to undertake a disclosure while
in the custody of the officers To do This hs
must pay for notice on the creditor, fixing a
ume ana place tor disclosure He then must
employ justice of the peace and quorum 10
near the disclosure. The creditor selects an
0lner Justice OF MS olon stamp to SIT with him
Ine Two Justices, following the custom instead
OF taxing the statute fee of $500, exact 50. 90
eacn. rms the Gebtor must pay in advance.
a disagreement arises between the two inst
Ices; third has to be chosen, and another AZ ~
paid by the debtor to him. This pays the court
for one day. Then the creditor under sect,on
20 OF said chapter demands that the answers
Dc made IN writing. The creditor employs
counsel who, although the poor debtor NAV mai
De worth a dollar in the world, prolones the
examination for days and even weeks The
result is, the justices find the debtor entitled
to the "oath," but before they will administer
is ~ aae debtor must pay them SIS per day for
lees who has had him in custody
Inc writer OF this personally knew disclos.
ure OF this sort less than q year since. whera
the debtor was honestly poor but by Shylock
creultor was maiiclonsIy put through an exam
nation OF five days, at the end OF which the
Justices decided that he was clearly entitled to
the oath, but before they would administer il
demanded S45 for their fees and $40 for the
omcers fees. relative of the debtor (himself
q poor man borrowed the money. paid the
nifty -seven dollars-the only alternative TO re-
lieve his friend from Imprisonment. And this
is called a law for the "Relief of Poor Debtors
The 18th Chapter of the Revised Statutes. 10
prevent these abuses ought TO be amended in
seSeIai particulars. First, no arrests for debt
should be authorized where the debt is less
than S2O Second, an examination of the debt
or prolonged beyond one day at the reouest of
the creditor, should be paid for By him; or per-
maps what might be more equitable the ex-
should be divided between the debtor and cred
itor as the justices should decide after final
hearing. The law as now administered in re-
gard to arrests and disclosures for debt, in Alto
gether too many cases, is disgrace to the civ
lzation of the age