chapter 17 (volume 4).

DEBT: In the United States.

"In New York, by the act of April 26, 1831, c. 300, and which went into operation on March 1st, 1832, arrest and imprisonment on civil process at law, and on execution in equity founded upon contract, were abolished. The provision under the act was not to apply to any person who should have been a non-resident of the state for a month preceding (and even this exception was abolished by the act of April 25th, 1840); nor to proceedings as for a contempt to enforce civil remedies; nor to actions for fines and penalties; nor to suits founded in torts ... nor on promises to marry; or for moneys collected by any public officer; or for misconduct or neglect in office, or in any professional employment. {652} The plaintiff, however, in any suit, or upon any judgment or decree, may apply to a judge for a warrant to arrest the defendant, upon affidavit stating a debt or demand due, to more than $50; and that the defendant is about to remove property out of the jurisdiction of the court, with intent to defraud his creditors; or that he has property or rights in action which he fraudulently conceals; or public or corporate stock, money, or evidences of debt, which he unjustly refuses to apply to the payment of the judgment or decree in favor of the plaintiff; or that he has assigned, or is about to assign or dispose of his property, with intent to defraud his creditors; or has fraudulently contracted the debt, or incurred the obligation respecting which the suit is brought. If the judge shall be satisfied, on due examination, of the truth of the charge, he is to commit the debtor to jail, unless he complies with certain prescribed conditions or some one of them, and which are calculated for the security of the plaintiff's claim. Nor is any execution against the body to be issued on justices' judgments, except in cases essentially the same with those above stated. ... By the New York act of 1846,