POOR DEBTORS. By the laws which exist in some states for the relief of poor debtors, it is generally provided that any one arrested or imprisoned for debt or upon mesne process in an action of contract, to procure his discharge from arrest may summon his creditor before a magistrate, and there take oath that he has no property with which to pay the debt on which he is detained.
2. The debtor, to procure his discharge, is usually obliged to swear that he has not property to a certain amount (usually ten or twenty dollars) over, above, and besides certain articles exempted as necessary to the support of the debtor or his family. These articles are usually those which are also exempted from attachment on mesne process or execution. In many states, poor debtors are protected by the insolvent laws. The following states seem to have made special provisions for the relief of poor debtors. In the District of Columbia, and Indiana, any one who is arrested may free himself by delivering to the marshal or officer all his property, and taking oath before a magistrate. Notice is given the cre ditor, who may put questions. The marshal or officer disposes of the property as if it were taken upon execution. Rev. Code Dist. of Columbia, 1857, 0 62 ; Rev. Stat. (1852) Ind.; 2 Blackstone, Comm. 394. In Georgia, a woman cannot be arrested for debt. Act Feb. 2, 1854. In Illinois, a debtor is freed from prison upon taking the poor debtor's oath, and, if he has no property-, the creditor is obliged to pay the fees of the jail. Ill. Stat. p. ii. 583. In Maine, Massachusetts, and Rhode Island, the poor debtor is re. leased upon making oath that he has not property to the value of twenty dollars above the articles exempted by statute. These exempted articles are somewhat dif ferent in the different states mentioned. In Maine, also, the debtor makes certain dis closures of his property which is set off to satisfy his debts. Me. Rev. Stat. ch. 113, p. 634, March 19, 1860 ; Acts March 13, 1861, Feb. 21 and 29, 1860 ; Mass. Gen. Stat. (1860) ch. 124, p. 633 ; R. I. Rev. Stat. (1857) 481. In New Hampshire, any one arrested or im prisoned for debt may petition two justices of the peace, setting forth property less than twenty dollars. Fraud on the debtor's part
prevents discharge, and malice or wilful act being the cause of arrest makes the dis charge discretionary with the magistrates. N. H. Stat. ch. 213, p. 508. In New York, any one imprisoned for above five hundred dollars more than three months may make a petition and oath, on which the proceedings are the same as in insolvency. Arrest is allowed only in fraud. In North Carolina and Virginia, a iebtor after lying in jail twenty days may be discharged. He petitions the court of common pleas, quarter sessions, two justices of the peace of the county, or a judge of the superioi or supreme court. Ten days' notice is given the creditor, or to the clerk of the court, in case of bastardy. The oath taken is that the debtor has less than ten dollars in property. He may still be arrested by any other creditor. 5 Jones, No. C. 145 ; No. C. Rev. Code (1854), c. 59, 0 1 ; Va. Rev. Code (1854). In Orego n, execution debtors after ten days may give notice that they will apply and be examined before a judge of the district court, or two justices of the peace of the county. An oath is taken that the debtor has not above twenty dollars. A certificate is then granted; and an applica tion may be made every ten days. 5th aa 6th Sess. Laws of Oregon. Iu Pennsylvania, after thirty days' imprisonment for a debt of less than one hundred and fifty-one dollars, a discharge is granted. -In South Carolina, a person imprisoned, making oath that he is not worth forty dollars, is discharged the debt and costs. 3 So. C. Stat. 173. In Vermont, a poor debtor may be discharged from im prisonment, Vt. Stat. 1850, 2.51-253, 00 70 -79, and by the jail commissioners. Id. 577-581, 00 34-60. In Wisconsin, the prisoner in execution for a tort may free himself from arrest by taking the poor debtou's oath, his property remaining subject to attachment. Wise. Rev. Stat. (1858) ch. 161, p. 920. In Upper Canada, there is an " Indigent Debtor's Act." U. C. Cons. Stat. 296, c. 26. The debtor is relieved when in close custody on mesne process. He makes oath that he has not property to the amount of five pounds, or that he believes the claim unjust, and sub mits to examination.