THE ABOLITION OF IMPRISONMENT FOR DEBT ACT.

Grey River Argus, Volume XV, Issue 1932, 15 October 1874, Page 2

THE ABOLITION OF IMPRISONMENT FOR DEBT ACT.

This Act came into force on the Ist of this month, regarding which the "New Zealand Times " thus writes : — As the public is expected — whether reasonably or not we do not say — to be familiar with the laws that, are in force, we give a summary of the Act for the Abolition of Imprisonment for Debt that oomes into operation to-day. An agreement has generally been arrived at throughout the civilised world, that to imprison a man because he owes moneyit may be through no fault of his own, but because of circumstances over which he has had no control — is simply a heathenish practice. A man thus treated • is precluded from paying his liabilities if he were inclined to dp so, and becomes a worse than useless member of society. " The Act agreed to by the New Zealand General Assembly makes certain necessary exceptions to the rule that isbroadly laid' down. If a man be in default of -a penalty or sum other than a penalty in reapect of any contract ; if he be a defaulter in the payment of a sum recoveied summarily before a Resident Magistrate or Justices of the Court of Petty Sessions; if he fail to pay over as a, trustee ; ; if -he be a solicitor ordered to pay costs for mis-; conduct as such ; or if he be a defaulter in respect to the payment of creditors by whom an order in a Bankruptcy Court has been obtained, he may be imprisoned for" a period not extending over twelve months. Also, fradulent debtors have no loophole left for them. They may be imprisoned for three months on four grounds :— Because of an order made in open Court showing on its face the ground on which it is issued; in respect- of a judgment or order not exceeding, exclusive of costs, such sum as it is within the jurisdiction of the Court or other tribunal to which application for committal is made with regard to the recovery of debts; in respect of" a judgment or order of a District Court by a District Judge or his deputy, or by a Resident Magistrate's Court or Court of Petty Sessions. But these provisions are only in force when a person Mas been examined, on oath relative to his means of discharging his liabilities, the disposal he has made of any property, his intention to leave the Colony in order to evade payment ; and the mode in which the liability was incurred. If then, it shall appear that he incurred the liability through fraud, or that he might have discharged it, he may be ■ ordered to pay it with interest, or be imprisonment as the Court may direct. The imprisonment will not be an extinguishment of the debt ; but should this be paid while he was in durance vile he would "= be "imme- '■":■' diately discharged. Also, the ! Court making the order for his committal, or > the Supreme Court, may release him at aay time. If he be liable "to arrest for a debt of LSO or more, and there be evidence that he intends to leave the colony, he may be summarily arrested.