DEBTORS' RULES.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 27, 8 February 1844, Page 2

DEBTORS' RULES.

There is nothing more to be dreaded than debt. When a person whoso principles fire good, unhappily falls into this situation, adieu to all peace and comfort. The reflection embitters every meal, and drives from the eyelids refreshing sleep; it corrodes and cankers every cheerful idea, and like a stern Cereberus guards each avenue to the heart, so that pleasure dares, not approach. Happy I thrice happy ! are those who are blessed with an independent competence, and can confine their wants within the bounds of that competence, be it what it may. To such alone the bread of life is palatable and nourishing. Sweet is the morsel that is acquired by honest industry, the produce of which is permanent, or that flows from a source which will not fail. A subsistence that

is precarious, or procured by an uncertain prospect of payment, carries neither wine nor oil with it. Let us therefore again repeat, the person who is deeply involved in debt, experiences on earth all the tortures the poets describe to be the lot of the wretched inhabitants of Tartarus. The poor debtors at present confined in Auckland Gaol, few though there are at present, led us to dwell on the subject of debt more than we otherwise would have done, and the frequent remarks about sickness and imprisonment for debt, the law of which was so long a disgrace to the Statute Book, is we perceive, by our latest Sydney intelligence abolished; but we want the law of execution against a creditor's person 6till to remain, and this is so far wholesome, as it obliges the party arrested to find bail for being released, and permitted to go at large in the rules, to surrender an accurate account of bis effects before he can be so released. The shuffling, and occasionally the disgraceful tramaetions of some debtois are thus effectually checked ; he is compelled to show what has become of his possessions, what his assets and liabilities; and thus from liis hitherto concealed property, a compensation is often obtained by the ill-used and long delayed creditor. With such men it would be better if the law dealt more harshly and peremptorily condemning them at once to the confinement of the common gaol, until the outstanding claims them, are otherwise satisfied. In the \asc, howccr, of the unfortunate but candid and honest debtor, we consider the old law of imprisonment,are equally powerfu. against liis confinement; either in the gaol or in the ru es. The man under a charge of either felony or misdemeanour, is at present treated in a \yay more consonant to the civil freedom and privileges of the subject; he is considered, although under an accusation., to be free from guilt until condemned; he is admitted to bail, and up to the period of histria ,is free of the whole district upon the responsibility of his bondsman. The debtor, however, who unless the contrary be evinced in liis acts, has simply to answer to the crime of misfortune. He is only admitted to bail within certain precincts; in this case the rigour of confinement under the same roof with villains of every description, is only molified by an extension of the jail-yard, attached to his house of imprisonment Thus in Auckland, the debtor and the felon taken flagrante delicto, are lodged in the same place, the former having a general leave to enjov the air. and pursue his own avocations within the bin s of half a dozen street* (or less), under competent security for his good behaviour, while the latter is restricted to the freedom of the gaol-yard, uuder the permission of the governor or sentinels of the establishment, any party becoming bondsmen for another who has been committed on a charge ol misdemeanour or felony, can at any time between his committal and his trial surrender his bail; a course vt liieh is often adopted when securities have reason to fear the dishonesty of the jirisoiier. Under the cognizance and authority of hi 3 securities, the accu ed may traverse the Colony from one end to the other, but the unfortunate debtor by quitting for an instant, the narrow limits of bis rules, commits an heinous offence, jeapordise ß bis bond to the amount of its value, and is liable to tbe severe anger of the court. The debtor should at least be put upon an equality in this respect with the defendant in a criminal case. V* by not allow him the latitude under a similar security, leaving it to the option of the bondsmen to determine at any period their responsibility, by delivering his person again into the custody of the Sheriff! We hope to use further arguments to induce Mr. Justice Martin to throw open the whole of Auckland within one mile

to the debtors, and if possible to ex* pufige all the vexatious regulations wo have alluded to and combated. We are aware of one man that has been in the gaol this 6 months, and unless some plan is devised for his liberation he will die in this wretched abode, let us hope for humanity sake this will be noticed by the proper Authorities* and they will do something to relieve those who are inclined to be honest or at least to abolish that part of the' law which consigns a man to a loathsome gaol perhaps for the duration of Life.

Since the above was in type we have received a letter upon this subject from Mr. Me Vay, wherein he states he has petitioned his Excellency Captain Fitzroy on this subject: he further adds, hfc has been in the gaol this last six months, and in all probability will remain there six years unless some relief is offered by the Authorities for his liberation,