Gambar halaman
PDF
ePub

men.

sured, or if he should conceal articles saved, and mental condition of the recipient, to ascertain if his ask pay for them, or if he should rate his loss too mind was in a proper state to reason or act of his high, and state that more was lost than what was in own volition; that the sacraments could only be adexistence at the time of the accident. On these ministered after such a preliminary examination; grounds the company refused to pay A. any thing, and that therefore, as a priest, he was daily required while he claimed that he should be compensated at to exercise and pass his judgment on the mental least for the loss of the roofs, in regard to which he condition of persons.' It has been shown by the had not been guilty of any of the acts mentioned authorities already referred to that physicians in in the policy, and the injury to which had been general practice who have never made a specialty of estimated by the company's agents at 254f., 7kr. the subject of insanity, as well as physicians who So he brought his action for that sum, and the com- are not engaged in the practice of their profession, pany defended on the ground of fraud under sec- and also nurses, are deemed experts on this subject; tion 26 of the policy. The Austrian Imperial Su- and on what principle or for what reason could the preme Court held the company liable, on the ground witness Serda be held not to be an expert? It was that the insurance of the various articles at separate a part of his collegiate education, and it was amounts, though all in one policy, was to be con- specially a matter of daily practice with him for ten sidered like a separate insurance on each article, by years to familiarize himself with the mental condiseparate policies, and that the conditions applied tion of persons upon whom he was called on to atonly to those articles in regard to which there had tend in his character as a priest; and it does seem been fraud. Contra : Moore v. Virginia F. & M. to us that from both education and experience, he Ins. Co., 28 Gratt. 508; S. C., 26 Am. Rep. 373. was peculiarly qualified to express an opinion as an The question whether a breach of warranty as to expert on the question of mental disease.” one of several subjects separately insured in the same policy avoids the policy altogether, is answered in the affirmative in Schumitsch v. American Ins. Co.

, C. 459, A. was injured while crossing a street in a

In Borough of Norristown v. Fitzpatrick, 8 W. N. Wisconsin Supreme Court, Jan., 1880, and in the borough, by the firing of a cannon by a crowd of negative in Merrill v. Agricultural Ins. Co., 73 N. Y.

The jury found in a special verdict that the 452; S. C., 29 Am. Rep. 184. See, also, note to firing had been going on for some hours, without the Wisconsin case, Ins. L. J: 56. This case also

any special authorization from the borough authorillustrates how speedily the Austrians obtain justice. ities, and that a policeman standing by at the time A. commenced his action in the Circuit Court, May did not interfere to stop it. The borough was 31, 1879; it was there decided December 23, 1879; specially directed by act of Assembly to appoint on appeal the Supreme Court of Bohemia decided policemen to preserve the public peace, remove it Jan. 27, 1880, and ultimately the Imperial Su

nuisances, etc. In an action by A. to recover dampreme Court, April 22, 1880.

ages for said injuries, held, that the borough was

not liable. After showing that the borough was not The case of Toomes' Estate, California Supreme liable for the negligence of the police officers, the Court, April 7, 1880, 10 Rep. 10, should be added court continue: “Then upon what ground can the to our chapter on the powers of the clergy. It is defendant be held liable for the damages suffered by there held that a Roman Catholic priest, regularly the plaintiff ? Certainly not upon any principle of educated and officiating as such, and constantly re- common law, for we all know, that for damages required by the duties of his office to pass his judg- sulting from the conduct of a mob or unlawful ment upon the mental condition of invalids and assembly, neither city nor county, borough nor dying persons, to the end that he may administer township can be held, except by special statute. Is the sacraments only to those whose minds are in a it then on the ground that the assemblage comproper state to reason or act of their own volition, plained of obstructed the public street, and so became is an expert as to the sanity of a person. The court a nuisance which the borough was bound to remove ? said: “Was the witness Serda an expert on the But the difficulty of supporting the case

on this question of insanity ? Was he skilled in the science theory is twofold: first, the jury has found that the of mental diseases? A reference to his evidence street was not so obstructed that persons could not will answer these questions. He says he was regu- readily pass and repass, and that the injury resulted larly educated in a college of Spain, and had offi- not from any such obstruction, but from the act of ciated as a priest for ten years; that it was a part of firing the gun; second, admitting that a mob is a his preparatory education to become competent to nuisance, and that of the worst kind, nevertheless, pass upon the mental condition of communicants in it is one that a municipal corporation cannot abate his church, and for that purpose physiology and by the use of ordinary appliances, such as suffice psychology were branches of his studies; "that pre- for the removal of natural or material obstructions vious to his officiating as a priest, it was requisite in or near a highway; resort must therefore be that he should be skilled in determining the mental had to the police force, but as we have already condition of those who sought the sacraments; that seen, for the doings or misdoings of those who comin every case of the administration of the rites of pose this force, the municipality is not liable. The his church to invalids or dying persons it was neces- difference between those cases in which cities, borsary for the priest to make an examination of the loughs, and townships have been beld responsible for neglect, and the one in hand, is very wide; class. The circumstance that the beneficiaries are the maintenance and repair of highways, sewers, to be of a particular religious faith is only of imwharves, etc., belong to their immediate jurisdic- portance as designating the class. It indicates a tion, and over them they alone have control, hence certain portion of the whole community who are to their responsibility. But the conservation of the be recipients of the charity. It has the same effect peace is a great public duty, put by the Common- in this respect as the words seamen, stonemasons, wealth into the hands of public officers — the blind persons, poor widows, etc., in the cases aljudges, justices of the peace, and mayors, the gov- ready mentioned. For the purpose of defining the ernor, sheriffs, constables, and policemen; hence class of persons, who, as distinguished from all cities and boroughs can no more be charged with other persons in the community, are to enjoy the damages, resulting from their misconduct, than can benefits of the donor's bounty, the legal effect is the counties, townships, or the State at large.” The same, whether the words used be seamen, Episcosame is held as to misfeasance of public officers, in palians, blind persons, poor widows, Jews, stonePollock's Adm'rs v. Louisville, 13 Bush, 221; S. C., masons, or Presbyterians." The court also observed 26 Am. Rep. 260, and cases referred to in latter re- that there was no proof, and they could not assume, port; also in Grumbine v. Mayor, 2 McArthur, 578; that the preference of Episcopalian children would S. C., 29 Am. Rep. 626. Very similar to the prin- exhaust the capacity of the institution. In Delacipal case in the circumstances and holding was ware County Institute of Science v. Delaware County, Boyland v. Mayor, 1 Sandf. 27.

8 W. N. C. 449, the same court held that an insti

tute of science whose object is the “promotion and In Burd Orphan Asylum v. School District of Upper the community at large,” but whose benefits are re

diffusion of general and scientific knowledge among Darby, 8 W. N. C. 446, to which we referred, ante,

stricted to its members except at the pleasure of its p. 42, the question was whether an asylum, for admission to which children of Episcopalians were to

managers, is not a “purely public charity," and is be preferred, was a “purely public charity.” The

not therefore exempt from taxation as such. court observed: “Now it must be conceded, and it has been decided here and elsewhere, that the word purely' is not to have its largest and broadest sig- LEGAL DEFINITIONS OF COMMON WORDS. nificance when used in this connection. In the opposing line of thought it is admitted that the word

III. is to have a limited meaning. It is not contended

66 that a charity to be purely public must be open to

PPENDAGE" was defined in School District v. the whole public, nor to any considerable portion of Perkins, 21 Kans. 536; S. C., 30 Am. Rep. the public.

Without doubt, an asylum for the sup- 447, where a stereoscope and stereoscopic views port of fifty blind men, or an equal number of pau- were held not to be “necessary appendages" to a pers, would not be obnoxious to the objection that school-house. The court said the word “would it was not 'purely public.' A charity for the main- seem to refer to things connected with the building tenance of disabled seamen, or of aged and infirm or designed to render it suitable for use stonemasons, resident in the city of Philadelphia, school-house." would undoubtedly be a purely public charity; and We have had a definition of “rainy day," 21 Alb. so also would a charity for the education and main- L. J. 186. Now we find one of “fine day,” in Mctenance of the children of such persons. And if Andrew v. Whitlock, 52 N. Y. 40. On the day in such a charity should be limited to the white female question it rained till 9 A. M., then cleared up, but orphan children of such persons between the ages rained again about 2:30 P. M., and from 4:30 P. M. of four and eight years, such limitations, though all the rest of the day and night. Held, not a “fine they would very greatly restrict the class and the day.” number of the beneficiaries, would constitute no The most direct route of travel " between A. valid objection to the purely public character of the and T., within a statute giving the sheriff mileage charity. But seamen and stonemasons are only for conveying prisoners to the penitentiary, is the designated classes of persons, distinguished by their railroad, although it is 64 miles long, while the occupations. A charity for the support of poor highway is but 35. Maynard v. Cedar County, Iowa widows, or indigent old men, or the insane poor, of Supreme Court, June 13, 1879, 1 N. W. Rep. (N. a city, county, borough, or township, would be s.) 701. equally a purely public charity, no matter how small A temporary ailment is not a “disease," within would be the number of the beneficiaries, or how the meaning of a warranty against disease in a pollimited the class. Why then would not a charity icy of life insurance. As where the warranty was for the support of poor Episcopalians, Catholics, against “disease of the liver," but the assured had Jews, or Presbyterians, of a State or city, be purely had temporary attacks of congestion of the liver, public; or a charity for the education and main- from which he recovered. Cushman v. United States tenance of the orphan children of such persons ? | Life Ins. Co., 70 N. Y. 72. In like manner hardenNo private gain or profit is subserved, the objects of ing of the brain is not “insanity.Newton v. Mut. such a charity are certain and definite, and the per- Ben. L. Ins. Co., 76 N. Y. 426; and insanity is not sons benefited are indefinite within the specified

"sickness."

"A

as

We have seen that a bicycle is a carriage. Now, "any other public office.” People ex rel. Kelly v. in Williams v. Elis, 2 Q. B. Div., Feb. 19, 1880, 15 Common Council, 77 N. Y. 503. L. J. Rep. 19, it is held that it is not a “carriage' “Lodger” was defined in Lalorde v. McGloir, 3 within a statute imposing a toll “for every carriage Canada Legal News, 94, where a woman who hired drawn or impelled or set or kept in motion by steam unfurnished apartments at a monthy rate, cooking or by any other power or agency than being drawn " her own meals therein, was held to be a “lodger by horse or other beast power. The court say: “The within the meaning of a statute giving a lodgingact was clearly intended to apply only to carriages house keeper a lien on the goods of lodgers. of a heavy description impelled by mechanical “Launch " was defined in Homer v. Lady of the power. A bicycle, therefore, is no more a 'carriage' Ocean, 70 Me. 350. Here a vessel was hauled in at within the meaning of the statute, than a wheelbar- the side of a wharf and dismantled, and blocks berow or perambulator would be."

ing laid down on the beach she was floated on them We have a definition of “cart,” in Danby v. and raised aft, and supported with shoes. The Hunter, Q. B. Div., November 28, 1879. This was water at ordinary tide flowed all around her, but an information against the defendant for using a holes were made in her for the passage of the water cart on the highway without having his name and to prevent her floating, as she would otherwise painted thereon. The cart in question was a light have gone adrift at full tide. Her release from this spring cart, and was used by the defendant, a maker position was held not to be “launching." The of agricultural implements, for conveying them to court said: “A vessel already in the water cannot market, as well as for driving bimself and family be launched, the meaning of which in such cases from place to place. He paid the annual duty im- is, to cause to move or slide from the land into the posed by statute on every “carriage” with less than water.' During all the time the work in this case four wheels. The General Highway Act, in section was going on this vessel was in the water, certainly 76, enacts that the owner of every wagon, cart, or not upon the land. It was not in a situation where other such carriage shall cause to be painted on it could be moved from the land into the water. It some conspicuous part of the off side of it his name ras at no time upon the 'stocks' as a vessel in proin large, legible letters. The court (Lush, J., and cess of building. True it was blocked up, but in a Manisty, J.) gave judgment for the defendant; hold place where, by a preponderance of evidence at ing that his cart was not a “cart” within the mean- least, it is shown that it was floated by the water, ing of section 76, so as to make it incumbent on and whence, whenever the blocks are removed, it him to have his name painted thereon. Webster may be floated again.” defines a cart “a carriage with two wheels, for car- “One” is a “number.” So held by the English rying heavy commodities.” The court must have Common Pleas Division in Re Hereford Election used some such reasoning as the following: The Petition.

Petition. The statute required a petitioner to give agricultural implements, although commodities, are security “by any number of sureties not exceeding not heavy; or the family, although heavy, are not four,” and it was decided that one would answer. commodities.

Lord Coleridge said he was unable to comprehend In Petition of Began, 12 R. I. 309, it is laid down that “one" was not a number. The Law Journal that "to revel” means “to behave in a noisy, bois- says “the decision is strictly in accordance with terous manner, like a bacchanal."

grammar, arithmetic, and the other elements of "Toward” is defined in Hudson v. State, 6 Tex. knowledge.” Ct. App. 565. The statute makes “insulting lan- A real estate agent is not in a “professional emguage toward a female relation" of the prisoner a ployment.” Pennock v. Fuller, 41 Mich. 153; S. C., mitigation of bomicide from murder to man- 32 Am. Rep. 148. slaughter. It was here held that “toward” in this The meaning of the word “file” was adjudged connection does not mean “to,” and that such lan- in Gorham v. Sommers, 25 Minn. 81. The court obguage, even if the female was not present, will have served: “Irrespective of our statute, we think that the mitigating effect. The female in this case was an inquiry for the ordinary meaning of the word the prisoner's wife, but no question was made that 'file' will lead to the same conclusion. File' she was a "relation."

meant, at common law, 'a thread, string or wire, In Lee v. Barkhampsted, 46 Conn. 213, it was held upon which writs and other exhibits in courts and that a moving train of cars was not a “structure,” offices are fastened or filed for the more safe keepwithin a statute enacting that when an injury on a ing and ready turning to the same.' Wharton's Law highway is caused by a structure legally placed upon Lexicon; Bouvier's Law Dictionary. Within this it by a railroad company, the company, and not the definition, a paper might be said to be filed when party bound to keep the road in repair, shall be lia- strung upon the thread, string or wire. That parble.

ticular mode of filing having almost entirely gone In Walsh v. N. Y. Floating Dry Dock Co., 77 N. ont of use, another mode of filing, the purpose of Y. 453, it is held that a vessel is not "lying at which is the same, has taken its place, so that, as anchor" when fastened to a pier.

Bouyier says, “a paper is said also to be filed when A representative in Congress holds a "public it is delivered to the proper officer, and by him reoffice ” within the meaning of a statute prohibiting ceived to be kept on file. This, which we take to aldermen of the city of Brooklyn from holding be the present ordinary sense of the word 'filed,'

new

would be presumed to be the legislative sense, un- ENGLISA AND AMERICAN BANKRUPTCY less the contrary is made to appear.” Mr. Young,

AND INSOLVENCY LAWS. the reporter, bearing in mind that Chaucer was once a law clerk, hereupon bethinks him of Spenser, and

A

LIVELY and general interest on the subject of accompanies the report with the following apt Bankruptcy and Insolvency has recently been quotation from the Faerie Queene:

awakened in England by the suggestion of a

bankrupt law, and the introduction of several bills Dan Chaucer, well of English undefyled,

into Congress for the establishment 'of a general On Fame's eternal bead-roll worthie to be fyled.

bankrupt law has provoked much discussion and in

quiry on this side of the Atlantic. The history of the Pigs were held to be “cattle,” in Child v. Hearn,

treatment of insolvents is oue with that of the advance

of civilization and the extension of personal liberty. L. R., 9 Ex. 176, within a statute requiring fencing.

In the year 1663 Justice Hyde was called upon to The court said “the word is wide enough to include pronounce judgment in a case of imprisonment for them."

debt, and he did so in the following words: The Iowa Supreme Court, in State v. Dunn, April,

" If a man is taken in execution and lies in prison

for debt, neither the plaintiff, at whose suit he is ar1880, passed upon “previous chaste character,” un

rested, nor the sheriff who took him is bound to find der the statute of seduction, holding that evidence

him meat, drink or clothes, but he must live on his own of lewd acts of the complainant when a child was or on the charity of others, and if no one will relieve incompetent. The court said: “Improper conduct him, let him die in the name of God; says the law and occurring at so remote a time, when the prosecutrix so say I." was a child, would not tend to establish an impure

This statement of the law, conveying as it did bitter

protest againstits cruelty, led to the passage in 1670 of character at the time she was seduced. If, as a

the first law for the relief of insolvent debtors. child, she was indiscreet, immodest, or impure, she But this law seemed intended only to relieve the may have reformed and become a woman of chaste debtor from starvation, for it allowed the creditor to character. A woman who is unchaste may reform keep him in prison by paying for his support, and his and gain a character for chastity within the mean

discharge still left the debt a lien upon his property.

The jails now became crowded with debtors, and ing of the statute defining the crime of seduction."

their distress was so shocking that Parliament The same court, at the same term, passed upon rushed beadlong into legislation which added thirty “habitual drunkard,” criticising the rule in Mahone statutes to the law, but conferred no benefits on the v. Mahone, 19 Cal. 627, where the jury were in-country. structed that the intoxication must be such as to

Society had not yet learned to protect the weak

from the strong, and not only among the barons but "completely disqualify the party from attending to

among the mercantile classes the law of might prehis business avocations.” It was held in that case vailed. that this rule is too stringent, and that if there is a Down to the 4th and 5th of Anne payments were “fixed habit of drinking to excess, to such a degree considered ouly tanto, traders alone had a right to disas to disqualify a person from attending to his busi

charge, and even they only when proceeded against in

invitum. The idea of voluntary bankruptcy did not ness during the principal portion of the time usually

occur until a much later date, and a large class redevoted to business, it is habitual intemperance." mained, who, without hope of relief and without the In the principal case the court said: “This defini- possibility of advantage from their own exertions, retion was sufficient for the case in hand, but we do mained a burden and oftentimes a terror to the comnot understand it to have been held that nothing munity. Many of this class, rendered desperate by short of the standard fixed in that case would be.

undeserved misfortunes from which they could see no

escape, came to America, and became good citizens in It is not regarded as necessary to affirmatively de

the new world. fine what constitutes habitual drunkenness. We The first law which brought relief was known as the are not prepared to say, however, if a person has a “Lords' Act," originated in the Upper House, and fixed habit of drinking intoxicating liquors to ex

provided for a discharge from imprisonment of debtors

held in custody for amounts under 1001., which amouut cess, is frequently drunk, and that such is his nomi

was subsequently increased to 2001. Under this law a nal condition during the night and in hours not de

former execution could be enforced against a man's voted to business, that his wife would not be enti- future acquisition of property, whether real or pertled to a divorce."

sonal, but in the 16th and 18th of George III its proA clergyman's residence is not rendered ' a build- visions were made more liberal, and only real estate or ing for religious worship,” so as to be exempt from money in the funds could be touched by prior execu

tion. Upon this act our statutes for the relief of taxation, by the setting apart and occupation of one

debtors have been modelled. From this point ou, the room as a chapel for religious worship. St. Joseph's advance toward an enlightened treatment of the comChurch v. Assessors of Taxes, 12 R. I. 19. On the mercially unfortunate has been marked and rapid, and other hand, the character of a building as a home

the hopeless misery of the inmates of the Marshalsea, stead is not impaired by the occupation of one or

80 grapbically depicted by Dickens in “Little Dorrit,"

was soon a thing of the past. two rooms for business purposes. Hogan v. Man

In 1813 a law was passed by which a debtor who had ners, 23 Kans. 551.

been imprisoned for three months could on full surA "lightning-rod man ” is a “peddler." State render of his property obtain release from imprisonv. Wilson, 2 Lea, 28.

ment, and a court for the relief of insolvent debtors

was established. By this court a judgment was entered Oysters are not “wild animals,” and are the sub

in the name of all the creditors, which was a permaject of larceny when planted. State v. Taylor, 27 nent lien on all the debtor's property until discharged N. J. L. 117.

by payment. This law applied, like its predecessors, only to traders, but it provided for a pro rata distribu- At this point a word may be said of the distinction tion of assets, which was a long step forward.

[graphic]

between bankruptcy and insolvency laws in general. It expired by limitation, but a similar act was passed In the abstract a distinction is well nigh impossible. which was in effect until a comparatively recent date. Judge Cockburu, of England, defined insolvency as In 1838 arrest for debt was abolished for sums over 201., the state of the man who had brought himself under an exception being made against debtors about to leave the operation of the insolvenoy laws, and bankruptcy England, and a discharge from all liability to impris- that of the man who had committed an act of bankonment on surrender of the debtor's effects was pro- ruptoy. vided for.

This apparent truism is supplemented by the reThis leniency was still further extended by the 5th marks of the late Justice Story, who, speaking from and 6th of Victoria, and in 1861 the court for insolvent an historic standpoint, says: “The lines between two debtors was abolished, the bankrupt law was ex- systems are faint and an insolvency law frequently tended to non-traders, and the distinction between contains provisions common to bankrupt laws, and bankruptcy and insolvency was obliterated.

bankrupt laws may often contain the regulations The present statute was passed in 1869. Its provis-generally found in insolvent laws." ions as to what is an act of bankruptcy are much the The first act of Congress under its constitutional same as those of our late statute, and may be covered right to pass uniform laws was passed in 1800, and was by the statement that any act openly showing a debt- repealed after three years, and the second endured or's inability to pay, or his attempt to evade his debts, only two years, from 1841 to 1843. The third act was is an act of bankruptcy. No discharge can be had passed in 1867, and after various amendments which unless fifty per cent has been paid or might have been served only to make it worse, it died in 1878. paid, but for mismanagement, unless a majority in Still its greatest faults were more in its defective number and three-quarters in amount of the creditors machinery than in the ideas on which it was based, so agree.

and even at the last it found friends to champion it. But this law, like ours, does not relieve him from The system of fees made bankruptoy proceedings very debts contracted through fraud or tainted by fraud burdensome to an estate, and this burden was further through fraudulent forbearance. Nor can he obtain increased by the almost unlimited allowances and fees a discharge from debts due the government or public which unscrupulous lawyers obtained out of the asrerenue or bad bonds, unless the commissioners of the sets. treasury consent thereto.

The drain on account of this last item almost realizes One judge and four registers from the ordinary the jest of a noted lawyer, who told an inquiring Court of Bankruptcy in London and the judges of the friend of his, in Liverpool, that he was going home superior courts of law and equity form an auxiliary because a client of his had died and he was afraid his court. The judges and clerks under this act are paid heirs would get all the property. by salaries determined in amount by the chief judge The law to prevent fraudulent creditors from taking and the commissioners of the treasury.

advantage of its provisions hedged them in with so This provision stands in marked and admirable con- many assumed safeguards that progress became at once trast with the system of fees which existed under our difficult and expensive. Moreover it was found that bankruptcy law, whose extravagance and the corrup- few paths were left open to the unscrupulous, and that tion engendered by it grew with its growth, and was the labyrinth of procedure, through which debtors checked only by its repeal. A clause in this act pro- were forced to pass, impeded honesty more than fraud. vides pensions for those who by the new order of af- Honest men found their assets eaten up by court and fairs have been thrown out of employment, an act of lawyers' fees, and saw with just anger the evident humanity and justice we would do well to imitate prosperity and wealth of those who had passed through here where long and honorable service is so seldom a bankruptcy, and who, within a year after making safeguard against the undeserved privations.

sworn statements of no assets, seemed, without labor, Thus have grown and developed the English laws re- to have become possessed of the means of luxury. lating to debtors from a time when the unfortunate Besides this, the bankruptcy law was often used simply were subject to the greatest and most cruel oppression as a means of collection. The modus operandi was to down to a period when a system was established which, obtain a rule to show cause why a man should not be bowever faulty and imperfect as a whole, embodies adjudged a bankrupt, and an injunction issued stopnearly all that humanity and justice can suggest. ping his business by forbidding him to sell any of his

The first trace of the New York insolvency laws is property; so that a firm often paid even when there found in the statute of 1797, which provided for a dis-was a good defense and ample assets, and allowed the charge of the debtor from debts ex contractu by a com- legalized blackmail, for was it not much better to go on? position agreed to by two-thirds of the creditops, but The subsequent amendments narrowed the path for it was too far in advance of the age and lasted only the voluntary bankrupt, but removed the necessity of one year, but it left footsteps on the sands of legisla- his paying 70 per cent of his indebtedness on a second tion and showed the way to enlightened enactments bankruptcy. The defects of the composition clause later on.

The law which allowed a debtor's discharge added another objection to the statute. When one on a three-quarter vote of his creditors prevailed a spoke of the advantage of the pro rata division of long time in New York, but was finally repealed. Its assets, he was answered by the statement that as a place was taken by a statute which permitted a debt-rule there were no assets to pro rate. Statistics, so or's discharge on surrender of his property. It was often used to overthrow a law, so seldom as a basis for stigmatized by Chancellor Kent as an alluring bait its foundation, show that aside from preferences, to dishonesty, and was in less than a year stricken assignments have given general creditors a much from the statute book.

smaller amount of assets than bankruptcy proceedings. The insolvency laws in New York now prevailing When the law was repealed in 1878, there was a general have much to recommend them, and were New York jubilation and its obituaries were far from flattering. an isolated State might be sufficient. They provide The ALBANY LAW JOURNAL said: "Benefits will for discharge from debts on consent of two-thirds of a accrue to honest tradesmen and vigilant creditors from man's creditors and also permit preferences in the a restoration of the old state of affairs, and general payment of debts. They give the active creditor a law business will be increased so as to make it gratifybetter opportunity of collecting his claim, and do not ing to the profession." allow the fraudulent creditor so easily to wipe out as This statement might be regarded by the tradeswith a sponge at one sweep his whole indebtedness. I people, who like to keep out of law, as paradoxical,

« SebelumnyaLanjutkan »