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?© de, 1799-1850

"Eve and David"

Wherefore the Paris
bailiff is empowered to enter the house of a third party to seize the
person of the debtor, while for the bailiff of the provinces the
domicile is absolutely inviolable. The law probably makes this
exception as to Paris, because there it is the rule for two or more
families to live under the same roof; but in the provinces the bailiff
who wishes to make forcible entry must have an order from the Justice
of the Peace; and so wide a discretion is allowed the Justice of the
Peace, that he is practically able to give or withhold assistance to
the bailiffs. To the honor of the Justices, it should be said, that
they dislike the office, and are by no means anxious to assist blind
passions or revenge.
There are, besides, other and no less serious difficulties in the way
of arrest for debt--difficulties which tend to temper the severity of
legislation, and public opinion not infrequently makes a dead letter
of the law. In great cities there are poor or degraded wretches
enough; poverty and vice know no scruples, and consent to play the
spy, but in a little country town, people know each other too well to
earn wages of the bailiff; the meanest creature who should lend
himself to dirty work of this kind would be forced to leave the place.
In the absence of recognized machinery, therefore, the arrest of a
debtor is a problem presenting no small difficulty; it becomes a kind
of strife of ingenuity between the bailiff and the debtor, and matter
for many pleasant stories in the newspapers.


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