The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-08-09 00:00:00

IMPRISONMENT FOR DEBT.

The report of the Select Committee on Imprison.
ment for Debt by County Court Judges has r.cently
been issued. The Committee came to the conclusions
set forth in the following resolutions : -
"1. not the edmlni,
prisonmeot or
ineerteto 0^

1. That the administration of the law relating to lin-
prisonment for debt by County Court Judges is unequal and
_ . . I results.

" 2. That the mode of procedure In judgment summonses
does not Insure auttielei t evidence of the means of pa) meut
of the debtor, e.peclally with se,ard to his indebtedness to
other creditors, being brought before the County Cone.
Judges before making an order of commitment.
3. That the numerous commitments to prison in default
of payment of small debts entail an expense upon the tax•
payers and ratepayers of the country which it le unjust and
inexpedient theyishould continue to bear.

4. That there Is Inequality in the law in relation to the
remedies against debtors for large and small sums, whith
presses witn undueseverity upon the latter,

_
5. That the frequency of the commitment, to prison of
the same debtors shows that imprisonments for debt is not
always deterrent to the dishonest debtor, while it often in-
flicts unmerited punishment upon the honed debtor.

O. That in many districts of England and WalPs debt..
are contracted and an undue and unnecessary amount ef
credit given, often without the knowledge of the principal
debtor, and jilt eipedient such dealing and credit Should be
checked.

" 7. That In Riving the credit mentioned In the WE re-
solution the creditor to a peat extent relies upon imprison-
ment for debt as a means whereby, in came of default, he
will be enaoled to recover the amount due to him.

"8. That it has been proved before your Committee that In
Scotland there Is no Imprisohment for civil debt under
£0 el. ad.; that the wages of labeurers, farm servants, forum-
lecturers, artiticets, anti workpeople are protected to the
eXtent of 20s. a'week from &Treatment to enforce payment of
their debts, and that, notwithstanding these circumstances,
modes of deeding have sprung up so that all necebsory and
proper credit is given to them. But In tne laws of Scotland
the nrovisi pus for the recovery of civil eehty ably. £8 ex 8 1.,
and for debts even under 1.8 Gs ed., and as to execution are
more extensive against the debtor than the provisions In
the low of gngland.

"9. That upon the hearing of any Judgment summons the
Judge should hiquire whether there are any other debt.,
arid the debtor should be required within such time as
the Court may d rect to deliver in a full 'awl true ac-
count uf all the debt. due from him MO his means Cl
payment, and the Judge should make such order tor pay.
melt of Vie same, either in full or by way of Instalment,
or by an execution against the goods of the debtor, WI to
him should stem just.
"10. That such sums of money 13 are ordered to be paid,
anti the produce of such sales as are made under au execu-
tion, should be broilght into cart, hi order that the same
may be disputed r.teably among eh the creditors.
"H. That the County Court Judge should bane power
to commit for non-payment of damages ii costs mu trespass
and other tortions acVont, Indepeudently of the debtor's
Inability to pay, but such power should be exercised only
MOO.

.12. That such of the provisions of the Debtors Act, 1809,
as relate to fraanlent debtors should ho revised, for the
purpose of extending the same, as far as may be necessary,
to persons agalmt whom an order on a lodgment debtor sum-
mons ,be haw&
.13. That oil the recommendations of the Committee LAIN;
adopted, It to expetlloit that the power of Impreonment for
debt, no now experienced by the County tleurt Judges, should
be ahollshttl.

"14. That, inasmuch se the system cf credit at present
regulatleg the ceurse f dealing between tradmmen and per,
Eels of small means would be materially effected by the
changes in the lure reo turneteleit by the Committee, It
would he expedient that ai,y now Act to give effect to them
simuld not come into operation ithtll a i,asouable time hi
been afforded to enable those affected by it ta adapt their
mode of dealing tufts provisions!'