2 Aug 1812

Evidence Introd

Introd

Ch.26. Imprisonment for Debt

'.9. Scotch Law - inadequate

'10. Scotch Law - Cessio bonorum - its inadequacy.

Under Scottish law, after suffering a month's imprisonment, every insolvent, on giving up his property for the benefit of his creditors, is let out.

This is an arrangement beyond comparison less bad than that of the english law, whether that part of it be considered which concerns insolvency at large, or that part which concerns bankruptcy, and in the way of experiment made, and procedure set, it and [...?]. Taken[?] away, that many great is the use of it, great at least /any rate/ the use that might be made of it.

But the necessary month! There lies the absurdity, there the mischief, there the indication of the sinister interest in which both the absurdity and the mischief took their rise. A month in a prison jail? and to what end /purpose/? not to the purpose of compelling the [...?], for that purpose is provided for provision is made by the imprisonment of indefinite length which till the object be accomplished would without it take place of course. Not any rate the purpose of punishment; for like the perpetual imprisonment under English law, this [...?] imprisonment under English law, falls like the dew of /rain from/ heaven and occasionally lightening upon just and unjust, and among the unjust upon the more and less unjust, alike.

Neither to the creditor nor to the debtor any possible use being to be found for it, remain the [...?] of the law, for whose use interest and whose alone it evidently /manifestly/ was that caused it to be established. For upon letting in /putting a man in/ for upon letting him out, profits to this end that man during his stay there profits more of which would have been to be reaped, had the [...?] man without being sent to prison, been admitted to deliver up his all to and in the prisons of his /the/ Judge.