DEBTOR AND CREDITOR, LAWS OF (ante). In the United States, debtors find relief under insolvency laws, besides that afforded by a national bankrupt law when such is in existence. The laws vary somewhat. In California, Maryland, Minnesota, New York, and Wisconsin, an insolvent debtor may be discharged upon petition and upon making an assignment of all his property (except certain articles necessary for the support of himself or his family) for the benefit of his creditors equally. The same benefits are secured: in Alabama, to one imprisoned on a judgment for not paying a fine; in Arkansas and Illinois, to one imprisoned or liable to be arrested; in Connecticut, to one owing $100; in Delaware, to a resident of the state for one year who is imprisoned, unless committed by the chancery court; in Georgia, to one who has not within a year lost money by gambling; in Massachusetts, to an inhabitant who owes more than $200; in Missouri, to one imprisoned for fines, costs, or breach of the peace; in North Carolina, to one imprisoned 20 days; in Ohio, to a resident of the state for two years, or of the county for six months, or in custody after GO days; in Pennsylvania, to a resident of the state for six months, or who had been in jail three months, or is detained on civil process, held on bail prise, or not arrested; in Rhode Island, to an inhabitant for three years owing more than $100 (but the court may ignore the residence); in South Carolina, to one sued, or within one month after being in custody; in Texas, to a bankrupt citizen, males at 21, females at 18. In all states, some considerable property is reserved to the
debtor for the support of himself and family. When debts are fraudulently contracted, or where payment is sought to be evaded by fraud, the perpetrators of the fraud are excluded from bankruptcy and insolvency laws. With regard to the arrest of debtors, the law of the state of New York has been followed by most of the states. In New York, imprisonment for debt, except in certain cases, was abolished in 1831. In the code adopted in 1849, arrest is prohibited in civil actions, except in certain specified cases. viz.: in actions for injury to the person or character, or for injury or wrongfully taking or detaining property; embezzlement by public officers, or persons acting in a private judiciary capacity; for misconduct in office, or in any professional employment; in actions to recover possession of personal property, where it is concealed or kept out of the reach of the sheriff; and where the defendant has been guilty of fraud in contracting the debt or in avoiding payment. Women are exempt from arrest in all cases except actions for willful injury to person, character, or property.