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| − | himself or family, and deprives society of the benefits that might be derived from his industry and talents. | + | himself or family, and deprives society of the benefits that might be derived from his industry and talents. Imprisionment [imprisonment], as a punishment, is divested of its odium and disgrace, which should ever attend it, and thus becomes less efficatious [efficacious] in deterring the unprincipled from the commission of fraud upon their creditors as well as from other offences. In order to remedy there evils these evils, let it be the object of the law while it enforces its sanctions, to make a distinction between poverty and fraud, misfortune and crime. If the debtor be dishonest, and has secreted or transferred his property, with intent to defraud his creditors, let the law, while it protects the poor and honest from from arrest and imprisionment [imprisonment] for debts hereafter contracted, provide a remedy more scrutinizing than the present one, for the detection of the fraud, and a compulsory process against the fraudulent debtor, by which payment of his debts may be more effectually secured and enforced. |
| − | In connection with subject, the assignments of property, so frequently made of late by insolvent debtors for their creditors, may be mentioned, as requiring some salutary regulations to be established by law for the equitable distribution of the property assigned among all the creditors who after notice shall assent to the assignment. By the mutual consent of the debtor and his creditors these assignments may be thus made to operate as a voluntary insolvent law and promote in most cases the interests of all the parties | + | |
| + | In connection with subject, the assignments of property, so frequently made of late by insolvent debtors for their creditors, may be mentioned, as requiring some salutary regulations to be established by law for the equitable distribution of the property assigned among all the creditors who after notice shall assent to the assignment. By the mutual consent of the debtor and his creditors these assignments may be thus made to operate as a voluntary insolvent law and promote in most cases the interests of all the parties concerned. Unjust preferences of favoured creditors made in these assignments, and fraudulent attachments of property, for pretended debts, should also be guarded against by the law. | ||
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| + | These subjects are mentioned, with the view that they might elicit the public attention, at this or some less busy session of the legislature receive the consideration, to which they may appear to be entitled. | ||
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| + | I have now suggested the principal topics, to which I have deemed it proper at the present time, to invite your attention. Should any thing further occur, of which it may appear interesting that you should be informed, I shall make | ||
Latest revision as of 13:23, 31 March 2021
864
himself or family, and deprives society of the benefits that might be derived from his industry and talents. Imprisionment [imprisonment], as a punishment, is divested of its odium and disgrace, which should ever attend it, and thus becomes less efficatious [efficacious] in deterring the unprincipled from the commission of fraud upon their creditors as well as from other offences. In order to remedy there evils these evils, let it be the object of the law while it enforces its sanctions, to make a distinction between poverty and fraud, misfortune and crime. If the debtor be dishonest, and has secreted or transferred his property, with intent to defraud his creditors, let the law, while it protects the poor and honest from from arrest and imprisionment [imprisonment] for debts hereafter contracted, provide a remedy more scrutinizing than the present one, for the detection of the fraud, and a compulsory process against the fraudulent debtor, by which payment of his debts may be more effectually secured and enforced.
In connection with subject, the assignments of property, so frequently made of late by insolvent debtors for their creditors, may be mentioned, as requiring some salutary regulations to be established by law for the equitable distribution of the property assigned among all the creditors who after notice shall assent to the assignment. By the mutual consent of the debtor and his creditors these assignments may be thus made to operate as a voluntary insolvent law and promote in most cases the interests of all the parties concerned. Unjust preferences of favoured creditors made in these assignments, and fraudulent attachments of property, for pretended debts, should also be guarded against by the law.
These subjects are mentioned, with the view that they might elicit the public attention, at this or some less busy session of the legislature receive the consideration, to which they may appear to be entitled.
I have now suggested the principal topics, to which I have deemed it proper at the present time, to invite your attention. Should any thing further occur, of which it may appear interesting that you should be informed, I shall make