Sec 488

It should further be observed, that in states where imprisonment for debt is abolished, it is not proper to permit indirectly, by means of a criminal prosecution, compulsory collection of debts by imprisonment which is forbidden in civil process. Hence, any securities given as a consideration for the withdrawal of a prosecution should be held void when it appears that the prosecution was undertaken for the purpose of enforcing the collection of a debt, unless such securities be allowed by the proper authorities as part of the terms on which the prosecution is to be abandoned.3

Criminal prosecutions should not be used for collection of debts.

1 See Wh. Cr. Pl. and Pr. 8th ed. sec 383.

2 See Jones v. Rice, 18 Pick. 440.

3 See, however, Steinbaker v. Wilson,.

1 Leg. Gaz. Rep. 76; Lindsay v. Smith, 78 N. C. 328; and see fully supra, sec 148 et seq.