IMPRISONMENT FORDABY.

Evening Star, Issue 8931, 15 September 1892, Page 1

IMPRISONMENT FORDABY.

The practice, which is daily growing in the Dautdiii Reddtnt Magistrate's Court, of setting down judgment curnirxnnea for hearing before justices of the peace in preference to having tfrtm determined by Mr Cakev. , evight not to be encouraged. The undoubted intention oi the Legislature in passing the Imprisonment fcr Debt Abolition Act, 1874, was that, subject to certain exceptions provided in the statute, no person should aftei the date of its passing be arrested or in. prisoned for making default in the payment of any sum of money due i/j him. But on any of the five grounds specified in the Act it is competent for the Court to make an order oemmitting a debtor to prison, When the state of the law prior to the passing of the Act and the rauon iVth' ot the Act itself are ccntidered, it must be obvious that it is the pkia duty of the Court to construe the Act strictly, and to refrain from making orders for imprisonment, unless the debtor has brought himfieif within the scape of aDy of the misfeasances which the Act allows to be punished by imprisonment. That is the way in which Mr Cakew—rightly, we think—interprets the Act; but we know that that is not the construction put upon it by the majority of creditors, who, when the shoe of eelt-inteie?! pincae3 them, are apt to forget their own haste to give credit, and dsdre to make an example of and punish their debtors, quite regardless whether the latter, since the date of obtaining judgment against thuiiph&ve become or are possessed of sufficient means to satisfy the judgment. Tnose who read the proceedings in oar inferior courts must have noticed that there has for some time past been a very steady incrtase in the nurnbjr of judgment casen eat dotvn for hearir.tr on Taursdayf. Xwc facta are patent—Mr Carew docfi not fit in the Resident Magistrate's Court on Xhursday, and our respected stipendiary magistrate construes the Act entirely uifi'eieEi from the majority of the justices. We leave our readers to draw their own dednction. We cannot help calling attention tu the iact that it appears to be generally understood that on cue day of the v/e'.-k at all events it is much eader than on auy other tobtain orders for imprisonment pg-y-wt <li?faulting debtors, and th-? cau*e iui: ..:;ov.-s how the knowledge is iued. We have long h<"ht t.ie t'.at imprisonment for debt ia an uoiichro-iitn;, and affirm that the preEOi.r ftiitc of law is worse than useltiE. ii.is quit-; in.vca'iiti oi i "iicbjpg th'iKtd i'f .:'i'i)oi.Cit moing c.iii'ji-rnpliited :>y the unscrupulous handn it ii.ay be r.'e.d ;:-. '.•;■; kir;; ll ;,•'.>■)(] d'Vl of n.i^hit■:*. !''.■', ■.;r;'':v. i i.ce wu have hii.'i'id t.t n a ho! ctifi. ?n< iv.'h ;l Hi iV pOsiili'j ''IWULih i;.!W r, Cijitd tj'J ;.'.iti(.o of ;i paternal (juvs r:.n,cr.t .o->nn;;:!i .■ct-i'pi'.'-wir.h niatttr* lli-«r. i t.- ij.-sctly rs iho liberty of ttie sin y<z Wr hui.t iha; '.'ii: tc tlif- : co'iOi; closes ts.iiie sin-mber <'■ I'.iiis. m'.uZ !;.'HY c'r:d Lim- >o i:ai) It;.- ' '■ V.:< Ni Lister oi ju-tice to ibis matter, v. iv ; a virw to his drafting hgi, Liu u io <xrv I,: ■::i-:i •:'. lis ih'.i h'W we. t:eve poictsd <:■:'. .