66

Holland, and in particular regarding one of these known as the "Metzger estate," having multiplied during the past few months, it seems proper to bring this matter to the attention of the Department of State.

I have, therefore, the honor respectfully to call to your notice the apparent trading upon the credulity of unsuspecting persons at present going on in the United States.

In this connection permit me to refer to my predecessor, Mr. Newel's dispatch, with inclosures, No. 109, of May 4, 1898, and to other earlier correspondence on the subject contained in a pamphlet entitled "Estates in Holland," issued by the Department of State, and of which a number of copies were furnished to the legation. In this pamphlet the Netherlands law of 1852 providing for the establishment of a commission to settle claims against estates of deceased persons, as well against the Government, is described and the method of procedure explained on pages 3 and 4. This law provides for the final disposal of all estates that were in the hands of the commission, beginning with the date of its establishment, within five years and some months after 1852, when the law went into effect. From this it is evident that all such ancient estates, even if they had ever existed, would now under the present law have irrevocably escheated to the State. It may not, however, be amiss to add that so far investigation has shown that these estates never did exist, except in the imagination.

A recent letter from Gresham, Oreg., written by a Mr. G. W. Metzger, secretary of the Oregon Society United Descendants of Baron Theobald Metzger von Weibnom, shows that in that State an organization of the supposed heirs has been formed for the joint prosecution of their claims. The writer asks, on behalf of his society and several others in the United States," whether the legation would "consider any proposition relative to an investigation of the case.' ." Similar letters are being constantly received from Colorado, Pennsylvania, Illinois, and other States. The value of the property is stated variously to be from $28,000,000 to $100,000,000. A clipping from the Gazette, of York, Pa., of November 24, 1905, recently inclosed, describes a meeting of 75 heirs in that place under the leadership of "Attorney W. E. Bradley and Mrs. Mary V. McDonald," both of Philadelphia. This article also states that each individual was allowed to contribute what he thought proper toward the prosecution of his claim.

As this matter has assumed such large proportions, and as it seems reasonable to suppose that a large number of unsuspecting people are contributing money to an enterprise in which there is absolutely no hope of return, I have taken the liberty of setting forth the true status of all such visionary claims and of submitting the matter to the department for such action, if any, as it may think proper to take toward warning the public as to the unreliability of the statements made by persons soliciting funds for the prosecution of claims to estates in this country.

I have, etc.,

• See Foreign Relations, 1878, p. 696.

DAVID J. HILL.

No. 49.]

IMPRISONMENT FOR DEBT.

Minister Hill to the Secretary of State.

AMERICAN LEGATION,

The Hague, Netherlands, December 12, 1905. SIR: Referring to department dispatch No. 11, dated September 29, 1905," accompanying a letter from the secretary of the National Lumber Exporters' Association, and instructing me to ascertain whether the Netherlands code contains provisions for imprisonment for debt as alleged, and also if other countries have antidebt-imprisonment provisions in their treaties with the Netherlands.

I have the honor to inclose herewith a copy of the correspondence that has passed between this legation and the foreign office on the subject, consisting of my note of the 13th of October, 1905, to the minister of foreign affairs, his excellency's reply of the 30th of November, 1905, with translation, and also a statement in French text of the code of procedure, with translation; a copy of an article from the bankruptcy law, with translation; a copy of the_royal order of December 13, 1874, with translation; and further, in Dutch text, three royal orders and the law of December, 1897, relating to the subject.

It will be observed from inclosure No. 1 that the Netherlands code does contain provisions for imprisonment for debt, and, moreover, that clause 10 of article 585 states that all foreigners with no fixed domicile in the country are liable to arrest for debt contracted against a native.

I have, etc.,

[Inclosure 1.-Translation.]

DAVID J. HILL.

Code of Civil Procedure in Arrest for Debt.

ARTICLE 585.

Arrest for debt only occurs in cases determined by this or the following article:

1. For stellion defined in article 711.

2. In cases of restoration, for the restitution of fruit which has been gathered during illegal possession and for the payment of damages granted to the owner. 3. For necessary lodgments.

4. For the recovery of money intrusted to public officers appointed for that purpose.

5. For the production of matters intrusted to deposits, commissaries, and other trustees.

6. In the case of public officers, for the production of their minutes, when legally enjoined.

7. In the case of notaries, sheriffs, and other public officers for the restitution of titles intrusted to them, and moneys received by them for their clients in consequence of their avocations.

8. In cases of delinquency or illegal action, for damages adjudged in favor of the injured party and exceeding the sum of 150 florins.

66

a Not printed.

In virtue of article 5 of the law of April 26, 1884 (O. G. No. 94), the words delinquency or" are superseded by the words "a punishable offense or one,

etc.'

9. For balance of accounts due by guardians, trustees, legal trust companies, and responsible administrators of townships and other public establishments; and for all restitution due owing to said accounts.

10. In the case of all foreigners with no fixed domicile in the Kingdom for any debt contracted against a native.

11. In all other cases specifically determined by law. Arrest for debt can only be executed in the case of married or unmarried women in the cases foreseen in the above-mentioned Nos. 1, 2, 3, 5, 8, and 10.

Arrest for debt in civil cases can not be executed against people who have completed their seventieth year in the cases foreseen in the above Nos. 1, 4, 5, 6, 7, 8, 9, and 10.

Arrest for debt takes place

ARTICLE 586.

1. In the case of all merchants for debts of commerce contracted even against nonmerchants.

Bills payable to order, assignments, and other bills subscribed to by a merchant will be considered as executed in pursuance of this article when no other cause has been stated.

2. In the case of all persons who sign bills of exchange as drawers, recipients, or indorsers, or who give a guaranty for the same.

3. In the case of all persons not merchants who have indorsed bills payable to order, assignments, or bills of exchange regarded as simple acknowledgments according to article 102 of the commercial code, but only when persons not merchants have bound themselves by acts of commerce.

4. In the case of persons without distinction for the execution of maritime contracts or contracts which the law assimilates to same.

The provisions of Nos. 2, 3, and 4 of this article are not applicable to married or unmarried women who are not public merchants.

ARTICLE 587.

In no case is arrest for debt admissible against the children and the descendants from their parents or relations in direct line.

ARTICLE 588.

With the exception of the cases prescribed by the two preceding articles or which might be prescribed hereafter, arrest for debt can not be executed; all contrary stipulations, even if made in a foreign country, are naturally void.

ARTICLE 589.

Arrest for debt can only be executed as a result of a judgment which has so pronounced.

ARTICLE 590.

Attachment, appeal for reversal of judgment, does not suspend execution of arrest for debt pronounced by judgment of temporary execution, while giving, in that case, security for the damages to which the plaintiff might be condemned.

ARTICLE 591.

No person can be arrested for debt for the same debt for a period of more than five years.

Except in the cases stated in the last paragraph of article 585 (of this law) arrest for debt in civil cases ceases as soon as the debtor has completed his seventieth year.

ARTICLE 592.

The execution of arrest for debt obliges the creditor to furnish every thirty days and to deposit in advance a sum necessary for the food of the debtor, according to a tariff fixed by the king.

In default of the fulfillment of the obligation before the thirty-first day, the debtor can ask for his release, adding to his petition the nondelivery of victuals, presented by the gaoler.

If, however, the creditor, late in the delivery of victuals, makes delivery before the debtor has formulated his petition for release, the petition will no longer be acceptable.

ARTICLE 593.

The debtor can be enjoined by persons who have equally the right to demand his arrest for debt.

Any person who is arrested for delinquency can also be enjoined, and he is detained by virtue of the injunction, even though his release has been adjudged in the penal case, or the time of his detention has not expired.

ARTICLE 594.

The nullity of imprisonment, for whatever cause adjudged, does not carry with it the nullity of injunction.

ARTICLE 595.

The enjoiner is obliged, if requested, to contribute to the payment of the victuals of the imprisoned debtor in equal payments, and in that case the moneys used for victuals can only, with his consent, be withdrawn by the person responsible for the arrest for debt.

This request can be formulated before the tribunal of the district in which the arrest for debt has been executed.

ARTICLE 596.

The debtor legally imprisoned can be released

1. By the consent of the creditor who has had him imprisoned, or the enjoiners, if there are any.

The consent to the release of the debtor can be given either before a notary or in the gaol book.

2. By the payment or deposit of the sum due to the creditor as well as the enjoiners, for the interest due, for the costs incurred for the imprisonment, or sums deposited for victuals.

3. By the transfer of the property, either voluntary or compulsory by law.

ARTICLE 597.

The debtor whose imprisonment is declared void, or who is released owing to default of deposit for victuals, can only be arrested for the same debt one day, at least, after his release.

ARTICLE 598.

The execution of arrest for debt neither prevents nor suspends procedure or attachment against property.

Equally the confiscation of property neither prevents nor suspends the execution of arrest for debt.

Re: Imprisonment.

ARTICLE 599.

Arrest for debt can only be put into execution one day after the pronouncing of judgment ordering that arrest. However the president of the tribunal of the district can, if necessary, authorize the immediate execution of arrest for debt. The legal notice must contain order for payment and election of domicile in the district in which the court is sitting which has pronounced the judgment.

ARTICLE 600.

A debtor can not be arrested

1. In consecrated buildings during service.

2. In the building or during the session of the authorities assigned thereto.

@ In virtue of article 5 of the law of Apr. 26, 1884 (O. G. No. 94), the words "Any person who is arrested for delinquency are superseded by the words "Any person detained or who is arrested on account of any punishable offense."

3. In the stock exchange during office hours.

4. In his residence or in a private house not open to the public, unless the sheriff's officer is accompanied by the district judge in the district where he has his domicile, and in other districts by the chief of the local administration or by his substitute.

5. During the period of safe conduct, which same is determined by the judge who has granted it in order to make the debtor appear before him.

ARTICLE 601.

Arrest for debt can be executed on Sunday or even at hours at which otherwise writs can not be served in conformity to article 15 of the code.

ARTICLE 602.

The proces-verbal of imprisonment contains besides the ordinary formalities for writs

1. Repeated order to pay.

2. Proof of domicile in the district in which the debtor is held.

3. The sheriff must be assisted by two witnesses.

ARTICLE 603.

In case of resistance the sheriff's officer can have the exits guarded to prevent escape and have recourse to armed force; and if such be the case, without prejudice to penal procedure.

ARTICLE 604.

If the debtor objects to arrest and demands that it be referred to the judge, he will be immediately taken before the president of the district court of the place in which the arrest has taken place and he will issue a provisional decree. The order on application will be recorded on the proces-verbal of the sheriff's officer and will be carried out at once.

ARTICLE 605.

If the debtor makes no objection, or if his objection is rejected, he will be taken to the prison of the place, or if there is none to the prison of the nearest place. The sheriff's officer will immediately register in the gaol book, which he will sign. Any sheriff's officer or other person who receives or holds the debtor in a place of detention not legally designated as such will be proceeded against by the chief warden.

The gaol register shall state

ARTICLE 606.

1. The judgment which orders the arrest for debt.

2. Name, Christian name, and domicile of the creditor.

3. The domicile named in the district in which the debtor is held.

4. The names and residence of the imprisoned debtor.

5. The deposit for at least thirty days victuals.

6. Finally, that copies of the act of consignment and proces-verbal of imprisonment have been left to the imprisoned debtor in person, which same must be done at once.

ARTICLE 607.

The guard or gaoler will note in his register the act of consignment and the extract of the judgment which authorizes the arrest and the entire deposit. Should the sheriff's officer omit to state the judgment, the gaoler will refuse to receive the debtor and imprison him.

ARTICLE 608.

The formalities prescribed for the imprisonment will be observed for the detention; however, the sheriff's officer will not be assisted by witnesses and the detainer will not have to make deposit for victuals if same have been deposited for.