Hints to Modern Legislators And Reflections On Choosing Members of the Approach
Hints to Modern Legislators And Reflections On Choosing Members of the Approach
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The changes I propose, embrace, mainly, a more extensive use of the trial by Jury ; the adaptation of some of the principles of the bankrupt laws of Great Britain, and above all, a principle of protection instead of persecution. First, I premise that unless an honest man's faculties have become palpably impaired either by his pecuniary disasters or by bad habits, he is the most fit person to continue in the management of his own affairs, provided this can be done with a proper regard to the saf...ety of his creditors, himself and his family. Hence, upon its being ascer- tained that a man cannot meet his engagements as they become due, he should be protected in the use and management of his properly, and against suit, annoyance, or expense, by presenting a true statement of his affairs to a proper officer, who, for the benefit of his creditors, should take from him proper security for the application of the property under his direction, with the power of devoting to him a certain allowance so long as his services were beneficial or requisite, or if deemed more fit, that the property be placed with certain experienced trustees, to be so applied and used as they, under the direction of the officer, might de- cide ; or the like exemption might be extended in point of time only : or it might be combined with the condition of paying so much per cent, periodically, until the debt was dscharged, or the property might be taken at once, and the debtor set free ; and if the debtor on the one hand, or the creditor on the other, were dissatisfied with the equitable di- rections of the officer or trustees, then a Jury should be interposed' whose verdict should furnish the rule.
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To quickly assess the difficulty of the text, read a short excerpt:
The changes I propose, embrace, mainly, a more extensive use of the trial by Jury ; the adaptation of some of the principles of the bankrupt laws of Great Britain, and above all, a principle of protection instead of persecution. First, I premise that unless an honest man's faculties have become palpably impaired either by his pecuniary disasters or by bad habits, he is the most fit person to continue in the management of his own affairs, provided this can be done with a proper regard to the saf...ety of his creditors, himself and his family. Hence, upon its being ascer- tained that a man cannot meet his engagements as they become due, he should be protected in the use and management of his properly, and against suit, annoyance, or expense, by presenting a true statement of his affairs to a proper officer, who, for the benefit of his creditors, should take from him proper security for the application of the property under his direction, with the power of devoting to him a certain allowance so long as his services were beneficial or requisite, or if deemed more fit, that the property be placed with certain experienced trustees, to be so applied and used as they, under the direction of the officer, might de- cide ; or the like exemption might be extended in point of time only : or it might be combined with the condition of paying so much per cent, periodically, until the debt was dscharged, or the property might be taken at once, and the debtor set free ; and if the debtor on the one hand, or the creditor on the other, were dissatisfied with the equitable di- rections of the officer or trustees, then a Jury should be interposed' whose verdict should furnish the rule.
What to read after Hints to Modern Legislators And Reflections On Choosing Members of the Approach?
You can find similar books in the "Read Also" column, or choose other free books by Kingsley, Vine Wright to read onlineMoreLess
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