man.

In virtue of the preceding and other concurrent considerations, which might be offered, your committee are induced expressly to declare, that they hold these truths too plain, evident and irrefragible, to require further illustration on this occasion, viz: That to molest any person—to punish him—to “deprive him of his liberty,” or of any other "right or privilege," who shall have done no wilful wrong, nor committed any criminal offence, would be an act of cruelty-a violation of moral principle—the benevolent dictates of humanity-the plainest rules of common justice-the primary objects of civil government, and the righteous spirit of the Constitution of this State. That he who would treat a fellow being in the manner just mentioned, would be a cruel, immoral and unrighteous That the law which would authorize such an act, influences the disposition to commit it, and hence would be identified with the iniquitous effects produced by it, and the oppression and misery flowing from it. Such is the character and such are the consequences of any law by which an honest, unfortunate insolvent debtor may be cast into prison; the most natural and most certain effects of which are, to add oppression to misfortune, to increase the debtor's inability to pay-to distress his family and his friendsto excite the natural feelings of self-defence against oppressionresist it by any means most likely to counteract its movements and disappoint its object: the further effects of which are to impair the motives to honesty, and to lessen the disposition to pay-to encourage fraud, by creating and increasing the incentives to commit it; and hence too often to influence and mislead honest men to become fraudulent debtors: and thus imprisonment for debt becomes injurious to the debtor, and useless to the creditor.

And your committee further state, that in cases where fraud shall be proved, and where there shall be evidence sufficient to induce a reasonable fear or probability that fraud is intended to be committed by a debtor against his creditor; the arrest and detention of such debtor, as a means and with the view to compel a specific performance of his contract, by the discovery and surrender of his property, to be applied to the payment of his debts, and also with the view to convict and to punish him for the fraud, according to "the law of the land," in criminal cases, is neither unjust in itself, nor inconsistent with the principles and the truths in this report advocated and proved.

And in conclusion, your committee further state, that they have prepared a bill, an abstract or synopsis of which is hereunto annexed, so modifying and amending the existing law, as to make it, in the opinion of your committee, more effectual in its operation to prevent fraud-more sure to detect fraud and to ascertain when it is intended to be committed, and also more certain to discover and obtain the property of the fraudulent debtor, and apply it to the payment of his debts, than any preceding law which has been enacted for such purposes in this State: which bill your committee have directed their chairman to ask leave to bring in, for the consideration of this House, and recommend its adoption by the Legislature.

All which is respectfully submitted.

Abstract of the bill entitled "An act further to provide for the arrest and punishment of fraudulent debtors, and for other purposes." The bill which the committee report, is framed to meet the objections which are urged against the present law, and to remedy some defects which experience has detected. Without departing from the principle of the act of 1831, which was, to prevent the imprisonment of any citizen for mere inability to pay a debt, the bill endeavors to carry into more full effect another principle of the same act, which was, to compel every debtor to appropriate his property to the payment of his debts: and where probable proof of actual or intended fraud is adduced, to arrest and detain the person of the debtor so long, and no longer than may be necessary to reach his property. The following are the general features of the bill intended to accomplish this purpose.

Where there has been any fraud in contracting the debt, where property is concealed, or fraudulently disposed of, or is intended to be fraudulently assigned, the debtor may be held to bail by an order of the judge of the court in which the suit is brought, and execution may issue against his person, as in actions for wrongs. The defendant in such suit may be exonerated from arrest and imprisonment by assigning all his property, except that exempt from execution. All dispositions of his property between the time of his arrest and his executing the assignment, are prevented by re[Assem. No. 216.]

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quiring him to account for and pay, or secure the payment, of the full value of all property so disposed of, except such as shall be necessarily expended in the support of himself or his family. If the defendant refuses to obtain his discharge in this manner, and is committed to prison, he may be required to execute an assignment," within a reasonable time, with the same guards against a disposition of his property. If he still refuses, the proper officer is authorised to execute an assignment for him, and he can be discharged only by proceedings under some of the existing insolvent laws: and such refusal is declared a misdemeanor.

In suits for the recovery of fifty dollars or less, when similar proof of actual or intended fraud, as before mentioned, is adduced, an attachment may be issued to seize the property of the defendant, including such as may be found on his person: and where the plaintiff or the defendant is a non-resident of the county, or where the defendant is about to depart from the county with intent not to return, or where the plaintiff is in danger of losing his demand, a warrant may be issued at the same time with the attachment, returnable at the same time. Creditors having judgment for fifty dollars or less, entitled to an execution, may have one against the body of the defendant, on making proof of the same actual or intended fraud, before specified. Defendants arrested on warrants, or imprisoned on executions, are to be discharged on executing an assignment of their property, with similar guards to those before described against any disposition of their property between the arrest and assignment. If they omit to do so, they may be required by an order of a judge to execute an assignment, and on their refusal or neglect, such officer is authorised to execute it. And they are to be discharged from prison only by proceedings under the existing insolvent laws.

Assignments made under the provisions of this bill, relate to the time of the arrest of the defendant, except as against purchasers in good faith and without notice. Assignees are to pay the expenses of creditors in proceedings against their debtors, and are to make dividends among those at whose suit the defendant was arrested.

Persons having judgments upon which executions shall have been issued against the property of the defendants, and returned unsatisfied, in whole or in part, may apply to the proper officer for an order requiring the defendant to assign his property, and upon

his refusal or neglect to do so, the assignment may be executed by such officer, and the defendant is to be committed until he obtains a discharge under some of the existing insolvent laws.

A provision is inserted to prevent the arrest of any defendant for any claim for the price of any ardent or spirituous liquors sold in a quantity less than five gallons at one time. And there are several sections to correct errors in the act of 1831.

In order to carry into effect these provisions, much detail has been unavoidable, in order that parties and officers may clearly and distinctly know their rights and duties, without waiting for the construction of the courts, at an expense and delay, frequently destructive of all the objects of a suit,