In re Aram

Application for discharge under the "Act for relief of persons imprisoned by civil process.”

The defendant being sworn, unequivocally denies the possession of any property except a very small portion of that by law exempt from execution, notwithstanding this, Ms creditors contend that he has property, which he is concealing from the operation of legal process.

The statute is penal in its nature, and, as I understand it, the suspicion of concealment having been extinguished by the oath of the defendant, the onus of their allegation rests upon the creditors, and unless I am satisfied, beyond a reasonable doubt, that the defendant has property under his control, which he is concealing, he must be discharged. In determining the issue presented by this case, wHch is ■ simply the present ability of the defendant to pay the judgment under which he is confined, Ms former conduct is .wholly immaterial. No matter how criminal it may have been, his continued imprisonment is only intended as a means of coercing the surrender of his property.; when it ceases to answer "this end it becomes illegal. It ia long since *240 the humanity of the law permitted the crime of debt to be punished by…