" It is almost unnecessary to say that these results ought not to be enjoyed without that full disclosure of the history of his property which is found in the schedule of an insolvent debtor; that full opportunity for the creditors to challenge this 'history; and that fair, deliberate, and effective investigation of its truth which is made in that court." These general arguments in favour of the justice of final execution are sup ported by Mr. Law with facts equally strong, which also prove the efficacy of such arrest. The mode in which he has examined the arguments in favour of abolishing arrest, which are derived from certain returns, is completely convincing. The wonder is that such shallow argu ments against the law of arrest should ever have been brought forward. The efficacy of arrest must not be estimated "by the extent of dividends made in the Insolvent Debtors' Court, or the propor tion of unfavourable judgments ;" though it must be remember that the divi dends are not none at all, as some people suppose.
It is clearly shown by Mr. Law that arrest does make people pay, who do not pay till they are arrested ; it is found that the examination to which insolvents are subjected exposes a great amount of fraud ; and it is also certain that the number of those who are induced to pay by the fear of arrest is considerable, just as the fear of other punishment prevents many per sons from committing crimes, who have no other motive to deter them. The fear
of arrest is precisely that preponderating weight which is wanted to induce those whose honesty is wavering to incline to the right side.
The arguments of Mr. Law should be read by every man who wishes to form a sound judgment on the law of insolvent debtors in England ; and so much of his arguments as have here been given, may help to diffuse some jester opinions on a subject in which a sympathy with debtors, to the total forgetfulness of creditors, has led many well-meaning people to adopt conclusions that tend to unsettle all the relations of society, and to confound honest men and rogues.
In Scotland, the being in a state of insolvency has the same effect in regard to questions of stoppage in transit; and others connected with sale and delivery, as it has in England. The word is often used in connection with the bankrupt law, because being insolvent is one of the ingredients of Notour Bankruptcy. [BANKRUPT.] Cessio bonorum is the name of the procedure that in Scotland stands in place of the insolvency relief system in England. [CEssro BONORUM.]