PROPOSED NEW ACTS OF THE GENERAL ASSEMBLY.

Otago Daily Times, Issue 124, 9 April 1862, Page 3

PROPOSED NEW ACTS OF THE GENERAL ASSEMBLY.

THK IJII'IiISONMEXT FOR DEIST AOT, 1862. An Ac, fo r Belief nf Persons Imprisoned'fix Debt, and for t/w lietter serin itij of Ci editors. lie il enacted by Hie General Assembly ot\\>» Zeiiliiiid in Parlinmont assembled, uiuf by tin authority of the same, as follows : 1. Short Title.—The Short Title of the Act shall be " The Imprisonment for Debt Act 18G2." 2. Ordinance No. 7, Session 3, and Act No. 8 ISGI, repealed.—An Ordinance passed in the year 1844, in the 3rd Session of the Legislative Council of the Colony of New Zealand, intituled "An Ordinance for the Relief of Persons Imprisoned for Debt," and " The Imprisonment foi Debt Ordinance Amendment Act., 18G-1," are hereby respectively repealed. 3. Debtors taken in Kxecution may Petition n Judge of Supreme Court for Discharge and Relief under this Act.—lt shall be lawful for any person who shall have been taken in execution under any process issuing from the SupremiCourt or from any Court of inferior jurisdiction lor any debt or sum of money, to apply by petilion to a Judge of the Supreme Court for discharge from custody and for relief, necordin<>- to the provisions of this Act. 4. Nature of the Petition. Account of Debts &C and to whom owing. Like of all Moneys &(;.. due to Petitioner. To be signed by Petitioner, and filed with Registrar.—The petition shall state the time of the prisoner's committal to prison, and the name or names of the person or persons at whose suit he shall be detained in custody, and the debts or sums of money for which he shall be so detained, and that he'hath caused notice, in writing, of his intention to present such petition, to be personally served on such detaining creditors as aforesaid, or on their attorneys or agents (which notice shall be served accordingly). The petition shall also set forth either in its body or by way of schedule, a fullJ true, and particular account of all the petitioner.* debts, liabilities, and engagements, and their respective amounts thereof, as nearly as may be and to whom owing, with the names, places of abode, and descriptions of the persons to whom owing, and the respective considerations for the same :And also of all moneys dueto or payable to him from any person or persons, or on any account whatsoever, and of all income whereof heshall be in receipt from any office, place, or employment whatever, and of all real and persona! estate and effects whatsoever, of or to which he shall be possessed or entitled, in possession, reversion, remainder, or expectancy, or of which he shall have the power to dispose, and all such other particulars as shall from time to time by any rule or order in that behalf be directed for the purpose of enabling the Court to judge as to the state, circumstances, and condition of the petitioner. The petition shall be subscribed by the petitioner, and shall be forthwith filed with theRegistrar or Deputy-Registrar (as the case may be) of the Court for the district within which such prisoner shall shall he confined. 5. Sittings of the Court/-The Court shall sill for the hearing of applications for relief, and for the despatch of all business accruing under the provisions of this Act, at such places, and on such days and times as the Governor in Council shall from time to time appoint. 6. Lists of Applicants to be published.—Lists of persons applying for relief under this Act shall be published in the Government Gazette one month at least before the day of hearing their respective petitions. 7. The Hearing. Enquiries, how to be made and Relief of Petitioner from Debts, &c. The f-ourt may order Conveyance of Estate and Effects to Registrar or ptlier Person for Purposes and Trust? set forth in p,rder. Upon compliance Whb Order Petitioner discharged from Debts and Liabilities as specified in Order.—Every person who shall have filed such petition as aforesaid shall be brought up on such day accordinglyand upon the hearing of the petitioner's application for- relief, it shall be lawful for the Court, on -being satisfied qf "the truth Of the matters-ccm-f lined in such petition, by enquiries to be made or directed by the Court, through such officer of the Court qv olh.er person appointed in tl(at behalf, or jn such other manner as to the Court Bhull seem fit to make suoh order ns to the Court shall seem fit for relief of the petitioner, and for releasing and discharging the petitioner from all ' or any of the debts, liabilities, and engagements specified in such petition, or any part or parts thereof, and by the same or any other order may Order and direct the conveyance and assignment fey fhe petitioner of all such estate and effects as( aforesaid, or any part thereof to the Registrar of the said Suprenje Court, or to such other person pr persons as to the Court shall seem fit, such conveyance and assignment to contain all requisite powers for enabling some person or persons named therein to recover and rpoeive debts, moneys, gords, chattel, estate and effects in any way belonging to or due and payable to the petitioner, or any of such debts or moneys, goods, chattel, estate or effects in particular upon such trusts, with such powers, subject to such conditions, nnd in such manner as to tho Court shah seem fit for the purpose of selling, disposing of. getting in and receiving, or otherwise realizing such estute, moneys, good, chattel, and eflects, and thereout of satisfying all costs, charges, ant: expenses incurred by order of the Court, or incidental to the execution of such trusts, and all fees of Court, and such other sums of money as ghajl be ordered by the Court, and subject Ijipretp for the purnoso of such a jusf distribution afltl lidniinictratiqn'qf such estate, and effects beVty&Sjj'ffnd amongst, and for the 'benefit of all oi any of the creditors of the petitioner, in such order of priority, or by way of pro ratti distribution, or otherwise, and inclusive or exclusive of any creditors of the petitioner, either in whole or jn part, and generally in such manner in all respepts as the Oouyt In fchp fullest and most absolute discretion may think fif, nnd shall in and by nny iiueh order direct; And upon compliance b'\ the petitionor with the terms of such order, the effect thereof shall bo to rcfcips and discharge the petitioner from any debts, liabilities, aiid engagements Bpuuiiied therein, and from liability in respect thereof, but so far only, and to such extent and at such time, and in such manner, and upon such terms and conditions as shall be specified ii: puph order. 8. Thu Cpnrt may Order Prisoner to be Discharged from Qustofjy.—Th.e Cguj't, unqn full pqniplitmpe by the petitioner wjth the terms of such order, prin iioeonlnnee therewith, may order the prisoner to be discharged from custody, and he shall bo discharged accordingly | and it shall be the duty of all ehoiift's and gaolyrti to obey such order. 9. Adjournment of Hearing and Examination of Petitioner. Creditor may attend Hearing nnd oppose Petition.— The Court may, from time to time, adjourn the hearing of any petition to all,V fc'm& Dr place which it shall fhjnk fit, and niny examine the ppMtlQuurimpu qnfli f}B to the matters stated in the petition ; and any jsreditoi:, or person claimiug'to Ijc a creditor of the petitioner, may attend any hearing of such pet:tion, and may, either by himself or Counsel, be heard in opposition thereto ; and, by leave of the Court, may cx'iiuinc the petitioner and any witnusses which the Court shall think fit, and may,' by such le-avo as aforesaid, produce and rend to the Court any letters or documents whatever, in any way relating to the affairs of the petitioner. 10. Any Person committing offences under Act not entitled to Relief for one Year.—Any person who »hivl! apjicar to the Court to have committed any of the offences hereinafter mentioned, shall not be entitled to relief under this Act, until the cxnirntipn of one year at least from the elate of such flP'Fing. ' ' '■■ '- I}. Enumeration of Offences under this Act — Jf a person gliall have been guilty' of any of the following acts, deeds, neglects, or defaults ( that is to say, if a person shall have contracted any of his debts frauclcntly, or by means of a breaph of trust, or by means of false pretences, or without having had any reasonable or probable expecta. tion at the time when contracted of paying tho same ; or shall have fraudulently, or by means of false pretences, obtained the forbearance of any such debts by any of his creditors, or shall have put any of his creditors to unnecessary expense by any vexatious or frivilous defence or delay to any suit for recovering any such debts ; or shall be wprisoned or liable for damages recovered in any

.ictioii for criminal conversation, seduction, or brcachofproini.se of marriage ; or for damages 'recovered in any action for a malicious- prosecution, or for libeJ, or for dander ; or in any other acticn for a malicious injury ; or in any action of tort or trespass to the person or property ; or shall liavc falsified iiiiy hooks of ac •ouiif.s ; or, being- J frailer, shali liavi- coniueta! his l>;isi:>e .^, or kcpfc?ii.< accounts with gross negligence.;-,or who shall have fraudulently concealed or misrepresented the state if his affairs ; or (with intent to diminish his means of paying and satisfying hi = creditors, or any of them) shali have fradukntly discharged or -.■oncealed any debt due, or growing due to him. or to any person in trust for "him ; or made away with, or assigned, transferred, charged, delivered, or made over any of his estate or effects, before or tlter the commcnccnt of his imprisonment ; or shall have been guilty of any fraud or misconduct whatsoever in reference to the management or disposition of his estate, or the contracting of any unsatisfied debts, liabilities, or engagements, lie shall be deemed to have committed an oflence under this Act. 13. Costs to opposing Creditor.—The Court 11111/, iv its discretion, allow to any opposing creditor the costs of opposition, to be added to" such creditor's debt or liability against the petitioner's estate. 13. Maintenance of a Person in Custody; how to be paid.—Where a person in custody shall be maintained at the public charge, there shall he paid out of the estate and effects of such prisoner,! ;0 long as he shall be so detained, and so far as such estate and effects will extend, the sum ol four shillings per week for his maintenance ; and the same shall be paid to the Keeper of the ijiiol, towards the maintenance of the prisoner, md accounted for by him accordingly. And the Court shall, in any order relating to "the estate and effects of the prisoner under this Act, make pro vision for payment of such sums accordingly, iv preference to'any other debt or liability whatsoever. I 14. Detaining Creditors to pay towards maintenance.—A detaining creditor shall puy, at the rate of four shillings per week, for the maintenance of a prisoner detained at his suit ; and failing such payment, the Court may order the prisoner to be discharged. The money so paid to be applied in reimbursement of the cost of maintaining the prisoner. 15. Where several such, to be Paid ratably.— Where there shall bo several detaining creditors they shall contribute towards the maintenance oil the prisoner, at the before mentioned rate, proportiouatc to the respective amounts for which the prisoner shali be detained. IG.—.Appointment of Mercantile Assessors. Their Duties and Powers.—lf, upon the hear-ind of any petition, or upon any enquire or proceeding arising out of or in relation thereto, the Court shall desire to be assisted or advised by men of mercantile experience upon any question, matter, or thing whatsoever, in any way relating to the conduct of the petitioner, the state of his accounts or affairs, or of any particular account or affair, the nature of the arrangement proper to be made •.vith or for-the benefit of the petitioner's creditors ; the terms and conditions of any order to be made by the Court, or upon any other matter or thing whatsoever, in any way relating to or arising out of the petition, or any proceedings thereupon, it shall be lawful for the Court To summon and require the attendance of any person or persons who, in the judgment of the Court, shall be men of mercantile experience at anytime or place to be named in such summons; and every person so summoned shall obey such summons ; and such p6rsons shall be called mercantile assessors, and shall be bound to attend the Court from time to time, as maybe ordered by the Court, until discharged, and to advise and assist the Court in reference to the matters aforesaid, in such manner as the Court shall require. Audi for that purpose the Court may refer to such person or persons any accounts/books, pi- papers whatsoever, and may call on and require such 1 person or persons, to make n report to. the Court 1 upon any specific question, 'matter, or thin" I which may l>e referred to them. And snch pe£ ■ son or persons.shall, in executing the duties so imposed tjn-uiptnj-mvvc pi>wer~-to "examine tne petitioner and witnesses on oath, and to call for the production of books, papers, and accounts and to conduct their enquiries at such times and in such manner as to them shall seom. fit. ; 17. Court may order them to be paid Fees and Allowances. —The Court may order such reasonable fees and allowances to be paid to such persons as to the Court shall seem fit, not exceeding £ per day for every day's attendance or occupation about such business. J 18.. Court may employ Receivers, Accountants &c.—For the purpose of carrying into execution the provisions of this Act, the Court shall have, power to employ, from lime to dine, receivers agents, clerks, and acoontants, and may allow the mercantile assessors to employ clerks and accountants, and may incur other reasonable costs and expenses incidental to the carrying into execution the provisions of this Act, 19. To form a Fund for payment of such to be called "The Insolvent Estates Fund."—For the purpose of forming a fund for payment of costs and expenses under this Act, there shall be paid out of every estate brought under Administration through the provisions of this Act, a sum of in the pound upon the gross amount of all moneys recovered and received from such estate and effects, which money shall be paid into the Supreme Court to the credit oi a fund to be called '• The Insolvent Estates Fund." 20. Payments_ to bo made thereout, or by Colonial Treasurer jn Event stgted.—All payments authorised by ttie Goi»i-t to De made under tinAct shall be paid out of" The Insolvent Estates Fund," or if there shall be no moneys applicablefrom such fund, then by the Colonial Treasurer upon an order of the Court to that ettect out ot the general revenue of the colony, by way of advance to such fund, and to be repaid when and us the state of such fund shall admit, by an order of the Cpurt upon application of the Colonial Treasurer. 21. Any person not being iv Custody may apply for Relief under this Act. Nature of Petition.and Proceedings thereupon. Court may declare him Entitled him to Belief.—lf any person, not hem? a [prisoner in custody, shall be unable to satisfy his just debts and liabilities, and shall be desirous of availing himself of the provisions made by thf .'"ore-going sections of this Act, and shall give notice in the Government Gazette, and also in" at Iga^t one newspaper published \n thp province in vyhich lie shall reside, three times consecutively within six weeks before presenting his petition, getting furth in such notice his intention to apply for relief under the provisions of this Act, and the time when his application will be made, and if the Court (after proof of such notice as aforesaid) upon hearing the petition, and after such enquiries as to it shall seem lit, shall be satisfied that the petitioner's inability to satisfy his just debts and liabilities has not arisen from his own wilful default, neglect, or imprudence, and thai none 0/ hie cjttbts pr linbilitjos h.asb(.'pn contracted by any of the ways and means specified in the 11 th section of this Aot, and that ho hath uoi been guilty of any of the offences specified in such section ; the Court may, in its discretion, declare such person entitled to relief] under the foregoing sections of this Act, and thereupon such person may proceed }n lil^e mnn-i nor as if he wei'o a prisoner' jn custody, and the like proceedings shall be thereupon had "and taken as if he were a prisoner in custody mutatis mutandis. 22. If any Person shall remain in Custody for Two Months, any Creditor may apply by Petition to compel Cession of his Estates and Efiects for benefit of Creditors. Order thereupon. On compliance with Ord.qi', the Registrar pr other Person to. make suuh Cession and Delivery, and tq execute deeds, &c. —In case any person being taken in execution for any debt shall iemam in custodj for the spa.cc of two calendar months without satisfying the same, it shall be lawful flir any creditor or creditors of such prisoner to present ai petition to the Court, setting forth such fact, and also setting forth the particulars of the debt or debts owing to him or them, and praying that such prisoner shall he compelled to make a cession of his real and personal estate for the benefit of 'jis creditor ; and the Court, upon hearing such petition, and being satisfied as to the truth thereof, may, in such manner as shall think fit, order such prisoner to cede and deliver all or any part of his real or personal estate to, or era-

power the same to bo recovered and. received by the Kegistrar of the Court, or such person or persons, in such manner, and upon such terms am conditions, and upon such trusts, as so the Cour; shall deem fit for securing the proper administration of the debtor's estate (subject to, mid ai'ie; making provision for ;ill propar costs, charges, am expenses as shall be determined by the Court), fu, the benefit of all or any of the.creditors of sue! prisoner, in such order ;of priority, or b-. way of pro ralu distribution or otherwise and inclusive or exclusive of any creditors o* the petitioner, cither in whole or in part, anc? generally in such manner, in nil respects, as tin Court, in the fullest and most absolute discretion may think fit, and shall in any such order direct, with such.provision for the relief of such prisone; from his debts, liabilics, and engagements, or am of them, either in whole or in "part, at such tim't or times, npo.n-sueh terms and conditions as to tin Court shall seem fit; and in case such prisone] i-iiuill not, within such time as shall by any suel (order be limited in that behalf, make such ecssior: and delivery, or give such power as aforesaid, the Court may order the Registrar of the Court, 01 ?udi other person as the Court shall in that behalf j.-tppomt in the name and en behalf of such pri =oner, to make such cession and delivery, and ti> execute such power, and to execute all liceessnn acts, deeds, and instruments whntsoever, for vesting the estate and effects of the prisoner in tin person or j ersons appointed by the Court upoi -tie trusts and in manner aforesaid, and all act deeds, and instruments done and executed undci such last mentioned order, shall be as effectual ait the same wcrii made, done, and executed by sucl. prisoner. 23. Upon the .Hearing of such Petition, tin Court and Assessors to have same Powers as iiii ease of Insolvent Debtors.—Upon the hearing 01 any such last mentioned petition, the Court and mercantile assessors respectively, shall have altlie powers which are herein contained, in refel rence to proceedings upon the petition of insolvent debtors. 24. No Sale, Mortgage, &c, to be executed by prisoner in Custody unless with consent of tin Court.—No sale, mortgage, delivery, or disposition whatsoever of any real or personal estate of any prisoner iri custody shall be of any force 01 effect whatever unless the same shall be nindc with the consent of the Court, or such person o; persons as the Court shall in that behalf from time to time appoint, and no such consent shall hi given unless it shall appear to the Court, or to such person or persons, that the same is made bonajide, and is not meant to defeat the prisoner's just creditors, or to give undue references or with any other fraudulent, intent whatever. 25. Any Act so done to be void.—Every act disposition, or delivery of real or personal estate goods, chattels, or effects whatsoever, made b\ any prisoner in custody contrary to" the provisions of this Act, shall be void and of no effect. 2G. Every Trustee under this Act may recover any such Estate, &c., as if no such such Disposition made.—Every trustee appointed under thi> Act shall have the same power of recovering and receiving any debts, moneys, goods, chattels" and estate disposed ot by a prisoner in custody contrary to the provisions of this Act, as effectually as if no suchdisposition thereof hud taken place 27. Act not to extend to Crown Debts, Stilus Act shall not extend to discharge any prisoner with respect to any debt due to her Majesty! or her successors, or to an v debt or penalty'with which ne shall stand charged at the suit of the Crown, or of any person for any offence committed against any Act of Parliament or Ordinance of tins colony, relative to any branch of the public revenue, or at the suit of any Sheriff or other public officer upon any bail bond entered into foi the appearance of.any person prosecuted for any such offence, unless his Excellency the Governor shall certify under his hand his consent that such person may apply to take the benefit of this Act. 28. Order of the Court may he pleaded in De fence to any Action,—Any crier of the Court under the provisions of this Act may be pleaded) by way of defence or otherwise to any aetiou or suit, or other proeacdings whatsoever. 29. XUc_Coui;C.toJniiKe_lturcs.-—Tiie^jQifrt-oliajp from time to time make rules and orders for regu. lilting proceedings under this Act, and may from time to tine alter and rescind the same. 30. And publish same.—Notice of such rules and orders, and of all alterations and resciudings thereof, shall be published in the Government Gazette for the colony. 31. All Trustees, * &c, under, this Act, to hi Officers of Court.—All trustees, receivers, agents, accountants, and other persons from time to time acting under or in execution of the provisions o( this Acf, or any conveyance or assignment made in pursuance thereof, shall, for the time they shall 30 act and so far as they shall so act, bo deemed to be officers of the Court, and shall be subject to .md shall obey such orders as the Court shall from time to time make. 32 The Court to settle Table of Fees.—The 'hief Justice of the Supreme Court shall settle v table of fees to be paid by petitioners, creditors, and other persons, and a "scale of allowances fa. witnesses, and other allowances in respect of proceedings under tiiis Act, which fees and allowances being allowed by the Governor in Council, shall be payable accordingly. \ 33. No Appeal against any Order.—There sha'i be no appeal against any order or proceeding! under this Act. 34. Interpretation.—The term " Court" in this Act shall mean the Supreme Court of the colony, exercising jurisdiction in a separate district.