30 rmnmmn narommn.
its may be,—to treat the defendant like Va proven criminal, and, by
allowing the bail to remain at a sum which it’is conceded he can-
not give, compel him to continue in hopeless imprisonment.
In civil actions the sole object of arrest and bail is to secure the
A presence of the defendant where final process issues. The abolition
of statutes which tolerated imprisonment for debt has given a direc-
tion to jurisprudence, in all kindred regards, opposed to oppressive
- measures and enactments. It is now well settled that the court has
no right to fix bail at a sum so large as intentionally to oppress the
defendant and prevent his release.
In view of the result of the recent trial, and in view of the further
facts that the defendant is now under bonds on pending indictments
in the sum of $10,000; that he has erecuted a general assignment;
that a great part of his property consists of real estate situated in
Buffalo; and that the papers contain no averment that he intends to
abscond,—it is thought that to require the additional sum of $100,000
i · is unreasonable. It would seem to be directly within the prohibition
of the constitution of the United States that "excessive bail shall not
be required._” Few men, even in official or business transactions, ,
where no crime is alleged, or accusation made, can command friends
wealthy enough, or numerous enough, to justify in such an amount.
When crime is charged suspicion is aroused, and the diiiiculty pro-
portionately increased. A reasonable opportunity to secure his
» liberty, pending trial, should be afforded the defendant, if it can be
given without endangering the rights of the plaintiff.
‘ The papers submitted on this motion have been carefully examined;
and after consideration of all the facts presented, and consultation
with the circuit judge who signed the original order, it is thought that
the order should be modified by reducing the bail to the sum of
$25,000.
In rc Wrnmms da Lmme, Bankruptsf
. (District Ocurt, EC D. Pennsylvania. June 27, 1882.)
Bsm1nu1=•rov—Drso1rAnem—FA1Lurt1¤ ro Kmmr Pnormz Books.
A hrm, during less than three years prior to their bankruptcy, had received
, from an individual notes and drafts to the amount of $42,881.79, which they
had procured to be discounted. Neither their ledger nor cash-book contained
any entries of these transactions, nor did the name of the party from whom
*Beported by Frank P. Prichard, Esq., ofthe Philadelphia bar.