Page:Collier's New Encyclopedia v. 03.djvu/343

LEFT DEBT, NATIONAL 291 DEBUSSY by written obligation unsealed; within which class fall bills of exchange, and promissory notes. Debt is also a per- sonal action of contract, in which the plaintiff seeks the recovery of a debt, i. e., a liquidated or certain sum of money alleged to be due to him. In the United States originally im- prisonment of debtors was adopted as a part of the common law, but at the pres- ent time imprisonment for debt, except in case of fraud, or of an absconding debtor, does not legally exist in any of the States. Congress, empowered by the United States Constitution to make a uniform bankrupt law, exercised this power, and subsequently repealed the law of imprisonment; and now, by Re- vised Statutes 990 and 991, no person can be imprisoned for debt by any pro- cess issuing out of the courts of the United States, in any State where by the laws of the State imprisonment for debt has been abolished. Most of the States, by constitutional provision, have pro- hibited arrest or imprisonment for debt, while the other States, either by direct statutes prohibiting imprisonment for debt, or by poor debtors' laws, or by in- solvent laws, secure the same result. In all the States a just and legal debt may be enforced and put in position for collection through attachment of prop- erty by means of a judgment issued by a court of competent jurisdiction. In all States, however, statute- specify a limitation, or definite term o' years, for both debts and judgments, alter which collection may not be enforced. The debt or judgment is then said to be "out- lawed." Such statutes also define the legal rates of interest which may be required on debts, either with or without judg- ment. In general the law holds that a debt is an obligation based upon an agree- ment, which, if not expressed in a con- tract, verbal or otherwise^ is definitely implied in a given transaction. This def- inition does not apply to taxes, which are held to be imposts levied by authority apart from all agreement; nor yet to fines incurred for misdemeanors, vio- lations of duty, etc. Thus, while real property may be sold for non-payment of taxes, it may be redeemed at any time subsequently by payment of the princi- pal and interest on the taxes due. This constitutes the gravest objection to ac- quiring a "tax title." DEBT. NATIONAL. See under Fi- nance in Articles on Countries. DEBTOR. In ancient times a debtor who could not pay became, with his family and his personal servants, the property of the creditor. In Jewish times children were often given up as pledges for debt, and finally handed over to slavery in payment of debt. Jesus speaks of this, in Matthew xviii: 25, as so customary a thing that it was a part of his folk teaching in a parable. And yet the Mosaic law was so far from con- templating anything of the sort that it did not even permit interest to be taken from an Israelite by an Israelite, and even manumitted the whole debt on the expiry of the Sabbathical year. The Jewish law also specified various articles of use and necessity as immune from attachment; in this particular, as in others, striving to safeguard all per- sonal and property rights, while, at the same time, preserving social harmony and adherence to high morality. That these laws were subsequently perverted and misinterpreted, so as to permit of the injustices mentioned at the time of Christ, is hardly remarkable. They are in accord with the general trend of de- velopment among other nations. Among the ancient Romans the practice of en- slavement for debt was an early and long-continued practice. Imprisonment for debt was less com- mon under the military regime of me- diaeval Europe than in later times, but was for centuries a much-abused custom in England. Modern jurisprudence al- lows the attachment of property of all kinds, except, in general, the tools and instruments of livelihood, but discour- ages the imprisonment of the debtor, except in exceptional cases, as for the non-payment of alimony, or under other unusual cases, generally invohnng fraud. A debtor, on being declared bankrupt, makes assignment for the benefit of creditors, which often represents a small percentage of his indebtedness. DEBUSCOPE (from the inventor, M. Debus, a French optician; and Gr. sko- ped = I see, a modification of the ka- leidoscope. It consists of two highly polished silvered plates, set at an angle of 70° with each other. When placed before a picture or design, an assemblage of flower petals, or other small, colored objects, beautiful designs are formed by their reflected images. The instrument is held stationary while these are copied, and by successively moving it over the object, different combinations of figures are shown, which may be added to the first. It is particularly intended for the use of draftsmen who are required to design ornamental patterns for fabrics. DEBUSSY. CLAUDE ACHILLE, French composer, horn at St. Germain- en-Laye, Aug. 22, 1862. Educated at the Paris Conservatoire, winning the grand