Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-03-24

aifd IL he discovers any property IN ms pos
session avail himself Of it. The new Law
reported by the judiciary committee pro
yiies that he shall not bring the denton IN
TO disclose uniess the amount L. $40 or
over. If this new bill becomes Law there
is no way to collect small bill. | am not
| in favor of depressing poor debtors out i
seems 10 me- creditors have some rights a.
! well as debtors. There is nothing pressing
about the oil law. If you
| cite debtor IN To disclose
AMI fail To discover any property the e1-
pense of the disclosure falls upon the cred
| itor. If YOU cite a debtor and find valaa-
| BILE property you can collect that debt ami
! the debtor X ill have TO pay the costs OF DIS
| closure. believe that is right believe
/ a man ought 10 have the opportunity OF col
leeting his honest debts no matter how
small they are am mol urrent but it
seems to me- that the Law ought to stand as
/ II j. NOW.
/ Mr.. Powers of uoulton There have
/ been many wicked things done under law
\ in reference 10 imprisonment for debt III
/ times past rs far back as eau remember
down To lss1, We had a law in reference To
/ imprisonment for debt on our statute
books which many characterized as a dis
/ grace 10 our civilization. In 1857 the law
,,.kers ~ Tho State passed this act which
tbpv claimed WIS an abolition of In
| nrisap,,art far hit hut which in all It's
| ',o,k;r,s uos r,peh vnrsa and much
moro griavon, ti,an The original law.
| have seen some OF the most wicked things
I dome ,,pdar,t have seen - man who nc
hi,ltv owed hnt - cents pav more than
| soo in costs un,l,.r ifs workings, which this
1 In, r.aptutly | pI.r
! lilo ur4spnt I,,, There +, ma limitation AS IL,
| ,,itiuy nn. attorney In. an agreement
vitt, .uotbsr and cites this moor fellow 30
mr. 100 uiI,.nway in the same county. He
oats ,,s,, iuJ,n,,.nt. instead of one against
his body lie arrests him on two instead
| If o,o Down f., the massage of this act
in g. matter uf contract and the amendment
only app,ins TO matters of contract,
M man couId ha arrested unless the
debt WAS $40. This amendment
simply places it back where it was before
| 1887. This Law of lss. is largely copy
of that in Massachusetts, but in Massachu
sets no man can be cited in on contract
where the debt is less than 500. This bill
is only in reference TO contracts, to prevent
petty suits, to prevent oppression. The
committee were unanimous that something
ought 10 be done. AMI we have restored the
limit to what it was As far back as | can
recollcct down to the passage of this act in
lss7, that IN matters of contract no man
should be arrested for less than SO. hope
the bill will not be amended by striking out
section /.
MIR Brown of Watcryille concur in
the remarks of the gentlemen from lIoulton
The law for imprisonment for debt is a
relic of harbarism. any way. nier the
old law if A creditor rot AN execution for
$40 against A man he could arrest him and
the debtor was then called lpon to either
pay the debt If he could, or he could 20 to
iail. or he could disclose. Unless the debt
was of that magnitude the creditor had no
right to bring him in at all. In 1889 an at
tempt was made to ameliorate the condition
of the poor debtor Bat in this particular
there was a mistake made. think it was
an oversight.
,,n,. ,,,., Ian. az l..o which = -, tho
go i.,I. ,''ia, a.. ..rni;,nr b,,I tL,.
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' 49, 49,, ,!,.,' s,n IS ,,a n,,.I a ,..n, IN.
la .;..I,, ~, ,,,,,n.,,o IN, +, Thn amend.
a' '- H., ~, ,,nra.s;,-, ,;.,h.
hi r. r., u.,.I;.a. nf traa,i,a tho ,,nnr
a', All. HI H.. ,.,,n,;n,,oi ,io,.,
~" :. j., ,t;s LAD IS
- l.'. f.I.,,saI .tn,s,r. +,
-, '.'''' -" III H., NJ. 81
70 IT, al, a,,,,,a,ia,,.J t,,;s ,,,a,,ar 40
''i' 'io"I1 - "lfi' s,,,,t.,,II r. 49,.
;,,,.f,.,, - ,,,or
- ~ -, t,rror ,han s1n
- ~. p;iI - M 49,;
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a. ',.,'.,,'.+ h;n1r,,co tn tbn so,,l.-
,, " H.. s,.,.ns ~, a. s,,,,t,
H.. ~ to,,a d. Ia,,ar So,
a,,I.t H.. ,,, H.,
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,,,I ,,.tJ Co.. All no, !, so,,l,.i
IT, I;,.Ii, =, a-ros, ,.,,1 ;n,,,;s,nn,o,t
ny ~. .',.' 'I j.; Wa.sa'i,,,s',ts I
t',,.' Way, ,,,:',,,,;n,.l vii, ,ho ;nnr;so,.
''Ns ICY" ~ g. I ,,,
- A.. ~, ,. 49,
,;,,I,
10y i u,m ID 49,,
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49,, =, 'i;s,'l.s, g.. .,,,,. .,,o,,rt
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,.,. ,a,, ,.l,,, ,',,t
l., ~ I'll No., 49,. IT. ,aL,s
and who are now comparatiyely wealth, and
in good standing. This law is oppressive
tn those who 90 there in debt. They can
summon a man from Fort Kent TO IIoulton
Ia disclose for -. IT costs him $50 to 20
down there and back and h, has LAWYER
fees To nav besides. The bill !. not as lib
cral as would have made it, hut | hope
the amendment offered will not be adoptcd
Mr. Morrill, said there was nothing in the
hr,t section about imprisonment for debt.
Tina; comes in in subsequent sections. We
one. The cases referred to of men being
summoned 80 or 10 miles to disclose and
sulie,tei IN large .xnrnse are rare eases
You cannot cite a man out of his own
county. In cities where a man i, owing Il
few IolIars for provisions. etc, and Won
cannot get one cent ont of him. that is the
class Of men that the law should reach.
SAY give dealcr the same right To cite A
man who owes 81 as the dealer
has IN cite a man who owes 500
Give him the same right to collect a small
debt that another man has to collect large
one. The Question is. yifi-ou confine the
citation to $40 or more. When YOU have
voted unon that We will take the next
amendment.
After o-o -o,,,,rkshv Mr. pouo-o &c
Honlton. the amendment A was lost by a
I vote OF ~ 10 ".
Mr.. Morrill, of Portland offered amend
ment Il. to strike out sec. ,.
Mr.. Drew of Fl. Fairfield said that this
section seemed to he yerv good and bene-
fetal section. In nv county a
man living in sherman nav be
cited to Fort Kent under the present law
which is nearly $50 miles. know of
MANY instances where debtors have been
c;tod b, ,,,,o,r baforn aisc,ospra co,,r,;a