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"Is he hard of hearing?" asked Malicorne. "Well, then, to the debtor's prison, if you like that better," explained Bourdin. "You you are can it be? the lawyer! Oh, my God!" The artisan, pale as death, fell back on his stool, unable to utter another word. "We are the officers who are to take you, if we can; do you understand now, old fellow?"
Nor was the case of the creditor much better I mean as far as respected his debt, for it was very seldom that any considerable dividend was made; on the other hand, large contributions were called for before people knew whether it was likely any thing would be made of the debtor's effects or no, and oftentimes the creditor lost his whole debt, contribution-money and all; so that while the debtor was kept on the rack, as above, being held in suspense by the creditors, or by the commissioners, or both, he spent the creditor's effects, and subsisted at their expense, till, the estate being wasted, the loss fell heavy on every side, and generally most on those who were least able to bear it.
Thus, I think, I have stated the case of justice and conscience on the debtor's behalf, and cleared up his way, in case of a necessity, to stop trading, that he may break without wounding his conscience, as well as his fortunes; and he that thinks fit to act thus, will come off with the reputation of an honest man, and will have the favour of his creditors to begin again, with whatever he may have as to stock; and sometimes that favour is better to him than a stock, and has been the raising of many a broken tradesman, so that his latter end has been better than his beginning.
The Bankrupt Laws of Holland differ from ours in this respect, that all the Creditors must sign the Debtor's Certificate, or Agreement of Liberation. If any decline, the Ground of their Refusal is submitted to Arbitrators, who decide as to the merits of the case; and if the Broken Merchant be found to be a Cheat, no Mercy is shown him.
After his military success, he was equally fortunate in settling the civil administration by establishing friendly relations among the different states, and particularly by healing the differences between debtors and creditors; for which purpose he determined that the creditor should annually take two-thirds of the debtor's income, and that the owner should take the other third, which arrangement was to continue till the debt was paid.
I sent him to Rinnan. The man is literally at the end of his tether. It is a coup or extinction failure means flight or debtor's prison. Furthermore, he is a conspirator by nature, and there is no man in the country with such extravagant tastes, who is so unscrupulous as to the means of gratifying them. He is half mad for power and wealth.
The speaker was confident that they would gladly advance a substantial sum to a man in the debtor's position without any expectation of direct repayment. What happened after this, of course, was a matter of no importance; but it was interesting and surprising to find a man of business believing that the dramatic critics are easily corruptible, corrupt and corrupted.
The list of motives for emigration ran the whole gamut, from missionary fervor for converting the savages, down through a commendable desire for gain, to the perhaps no less praiseworthy wish to escape a debtor's prison or the pillory. A few of the colonists were rich. Some were beggars or indentured servants. Most of them belonged to the middle class.
If on this surrender he finds the creditors desirous rather to have it digested into a composition, and that they will voluntarily come into such a proposal, then, as above, they being judges of the equity of the composition, and of what ability the debtor is to perform it, and, above all, of what he may or may not gain by it, if they accept of such a composition, instead of the surrender of his effects, then the case alters entirely, and the debtor is acquitted in conscience, because the creditor had a fair choice, and the composition is rather their proposal to the debtor, than the debtor's proposal to them.
"Fork out!" cried Peterkin energetically, starting to his feet and extending his open hand to Jack. "Down with the money, sir, else I'll have you shut up for life in a debtor's prison the moment we return to England!" "I'll give you an I.O.U. in the meantime," returned Jack, laughing, "so sit down and be quiet.
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