THE IMPRISONMENT FOR DEBT ABOLITION ACT.

New Zealand Times, Volume LXX, Issue 3862, 4 October 1899, Page 7

THE IMPRISONMENT FOR DEBT ABOLITION ACT.

A -MAGISTRATE’S OPINION-ON THE

c _ . . ... . suß.n-:cT,. riy , r . i At the Magistrate's (Court ?,yesterday morning, M# W. R_- A.Hasdden, S.M., said that-, the for, . - Debt Act"waS bbuig < ' / worked ’in a way which was, i/i fiis.. opinion, entirely to'its spiriti) : !i He w'buld i ’ndt .make. orders - of 4 imprisonment'> against men. in receipt ofysnjall who iliac! families • to'-' '. sttppdrb. * The Act {provided'as to 'ordinary! debts that no /person ‘shall -be -arrested)‘oi? 'imprisoned ‘ for debt iinless the . Court..is .. satisfied that the debtor "(-has had since the date-'of- jhdgmentcsuffißieivfc hne-aiiS'-andl ability .to pay. l the'/araouht due.. In his r opinion, that■ ,meant that it must lje shown-tbhti the debtM‘ f lia , d!\thcii ability to pay the .Jdebti ,after;"providing for tjhe reasonable support 1 of his family and wilfully withheld'■.payme'nti'!',i,‘ It did not mean that the poor , debtor must . be kept- iri' a constant: sttfhgglh- J to provide the necessaries of life for himself and family, in order to escape, imprisonment. Very few orders were, in fact, made against 'debtors ■ who appeared and exno, 1 SA'lotßMailied'iWoreftk lo! nofoappggr, ptlsflnjij'ent^ l nndoHV;msf)S MeiiWaft.sqtishecl; nseqs-, sarynitiiiJ:6rdcji 7 taJ,iprewfe thesjplfiintlff’arcdb&; ff hbo«hahldo’Aoh mhaiktb nn?ders<fsqlely oh! t -fli(r t gfouif(l t % i 6f''‘thßffmbbt6f’.fi>i' rrbrt l -' siheil o^uf.'tif' 1 ing constant summonses.-/ was at ■ the - debtors request that theadjournments were asked for, but it was much --the .same, kind .of - request that a victim on the rack would make (jo his executioners *'f o', desist for ten minutes or ■ sb..-’, ' He.'was’-not prepared to say that the, : Act. ';Wa£ /fiot without its uses,’’ and casestiid/soihotimes arise where an order ' for 'imprisonment was just, as well as., effective; but creditors were! straining the'Act altogether beyond ’ its. just limits, = ahd it was'necessary, to;'take some measures to. restrain. such . methods..,; ; Debtors ought/ in his opinion, to ,attend and- explain their position, unpleasant "as such an ordeal- might be;' but unless the. issue 6f judgment summonses ; was reduced, and more discretion used by ‘ creditors in availing themselves'of the process, he ’ should insist upon • creditors coming to the Court: prepared' with-the, needful evidence of 5 theiri allegation as to the debtor’s; means, andshould hot make prdefs ih default of ..thi? ' debtor’s ’• appearance. A'ease hr point ;Mr Haselpen added, had occurred that morning. A man liad been arrested upon an order made in his been adjourned, seyeiaj tjuiea, and tlie man bad now sworn, that-be did nob know the date when l it was to .conie.pn, lie had ■ also 7 sworn 1 / that he was ahfoliitcly...without means to pay the debt, and under the powers given him,, he (the Magistrate) had ordered 'the man’s release.