17. Proceedings in invitum as regulated in some states. In Connecticut, a creditor may petition the court of probate where he has taken out a writ for a debt of one hundred dollars, sworn to be due or to become due, when an officer cannot find sufficient pro perty to attach. The court appoints trus tees, and the subsequent proceedings are regulated as stated above, where the debtor petitions.
In Massachusetts, when a debtor has not given hail for one hundred dollars or up wards, has been in jail thirty days, has not dissolved attachment for seven days after the return day, been guilty of fraud, or removed from the state, a creditor to the amount of one hundred dollars may petition under oath, when proper notice must be given to the debtor ; and the other proceedings are the same as when the insolvent petitions.
In New York, when a debtor has been actu ally imprisoned more than sixty days, a cre ditor to the amount of twenty-five dollars may petition, with affidavit of these facts, and that lie fears the estate will be embezzled. Other creditors are notified, to see if they will join. The debtor has notice, and the magistrate hears the parties. If the creditors unite, the debtor is examined, and on refusal impri soned, and the magistrate proceeds to other proof. If two-thirds of the creditors in the United States join, the debtor is ordered to make a conveyance. If the debtor refuses, officers make it, and then the debtor cannot be discharged except upon a petition de novo with his creditors. • • In Illinois, a debtor is arrested upon re fusal to surrender his goods. If arrested upon an affidavit of fraud, the probate court is to summon a jury of seven members; if found guilty, the debtor is imprisoned till he makes a schedule. The assignee adver tises the goods and settles within eighteen months.
Florida, Kentucky, Louisiana, Maine, New Hampshire, Oregon, Tennessee, Vermont, Virginia, Kansas, the territories of Arizona, Nebraska, New Mexico, Utah, and Washing ton, and the Choctaws and Chickasaws, have no insolvent laws.
18. The following compilations of the stat utes of the various states have been consulted. The references are made to both insolvent and poor debtor laws.
Alabama : Code 1852, // 27, 41, p. 498; Act Jan. 20, 1858 (Ins. Est. / 27, 41, p. 498). Arkansas : Digest of Stat. 1858, ch. 90. California : Compiled Laws 1850-1853. Columbia, Dist. of: Revised Code 1857, f 62.
Connecticut : Statutes of Connecticut, Compilation of 1854 ; Laws of 1855, p. 30 ; Acts June 23, 1860 ; June 9 and July 2, 1856.
Delaware : Revised Code 1852.
Florida (no laws on these subjects): Thompson's Digest 1847 ; Insolvent Estates, 1852.
Georgia : Statutes 1851 (T. R. R. Cobb's New Dig. Law of Georgia); Constitution, art. iv. / vii.; Act Feb. 2, 1856.
Illinois: Statutes, p. ii. 583, 1858; 13 Illi nois, 660.
Indiana: Revised Statutes 1852; 2 Blackt Ind. 394.
Iowa : Revision 1860.
Kansas (no laws on these subjects): Kan. Territory, 1855.
Kentucky (no laws on these subjects): Re vised Statutes 1852.
Louisiana (no laws on these subjects): Re vised Statutes 1856.
Maine : Revised Statutes, ch. 113. Maryland : Public General Laws, art. 48,
p. 344, 1860.
Massachusetts: General Statutes, ch. 118. Michigan : Compiled Laws, 1417 (1857), ch. CLV., CLVxr., oLvrix.
Minnesota : Statutes Territory Minnesota, 1851, ch. 89, 445 (Ins. Estates, 254, ch. 57); Statutes 1847, 1858 (Ins. Estates / 36, p. 444; Ins. Debtor, 1 1, p. 665, ch. 89 Revised Sta tutes).
Mississippi : Revised Code 1857, 536 (448, / 11, Insolvent Estates).
Missouri: Criminal Court of the County, or Justice or Clerk of County Court.
New Hampshire : Compiled Statutes, ch. 171, p. 411.
New Jersey : Laws of New Jersey from 1709-1855.
New York: Statutes 1852, part ii. ch. v. 198; ch. 147, Apr. 4, 1854, 5 vol. 79.
North Carolina: Revised Code 1854, ch. 59, Ohio: Revised Statutes 1854, ch. 57, p. 466. Oregon : Statutes of 5th and 6th Sessions. Pennsylvania: Purdon's Digest 1700-1862. Rhode Island: Revised Statutes 1857 (In sole, Deceased, 369; Poor Debtor, 481). • South Carolina: 3d vol. South Carolina, 173, 662, 663; 4th vol. 92.
Tennessee: 1850, Code.
Texas : Digest 1859.
Vermont: Laws 1850, 251, 253, 70-79, ch. 42, p. 355 (Ins. Estates).
Virginia. Revised Code 1854.
Wisconsin: Revised Statutes 1858, ch. 161, p. 920.
19. In Upper Canada (Consolidated Stat utes, chap. 18, p. 117), any person in debt or imprisoned may apply to the judges of the county court for relief. The petition con tains a proposal to pay the debts in whole or in part, a sworn schedule, etc., and a petition for protection. Notice is published in the Canada Gazette and the county paper, and given to one-fourth in value and number of the creditors personally. An official assignee is appointed by the judge, in whom the es tate and the usual powers vest. Notice is then given ; the majority in number and value of the creditors choose an assignee subject to the judge's approval, who has a right to six days to accept. The discharge protects both person andproperty; though the latter may be made liable on petition of the assignees. The judge has great dis cretionary power, and may commit witnesses for refusing to answer. All acts of the offi cial assignee are made legal though the pe tition be not finally granted. The assignees may sue in their own or their petitioners' name.
In Nova Scotia (Revised Statutes 1851), any person imprisoned on mesne process, execution, or attachment for costs may peti tion ji/dge of superior court, or two commis sioners who are appointed by the governor in council. A schedule of property is filed, the creditors summoned, who may have the debtor put on oath. This may be waived on crown debts, and the attorney-general may discharge crown debts. A creditor may make an affidavit of cause, and the prisoner may be remanded, and detained for a year, if fraud appear. If a process be issued by a justice of the peace, two justices of the peace may relieve the prisoner. The supreme court, or the judges thereof, constitute a court of appeals. The prisoner is discharged from arrest, but his subsequent property is liable. The provinces of Lower Canada and New Brunswick have no insolvent court or poor debtor laws.