Simms v. Bean

Interpreting the Act of 1840 as a whole, in connection with its title and with reference to pre-existing legislation, we deduce an intention of the Legislature to soften the ancient rigor of imprisonment for debt, but at the same time to maintain the remedy for the discouragement and punishment of fraud. It is against fraud the 1 Oth Section is directed. The law is not prone toinfer fraud, nor extend punishments and penalties ; and this statute, highly severe in the consequences it inflicts, and penal in its character, should receive a strict judicial construction, — that is to say, it should…