The Sun.
London, England, 1827-04-11 00:00:00

ARREST FOR DEBT.

Mr. HUME rose to move for leave to bring in a Bill,
which divided itself into two heads ; but as he understood
it was not to be opposed, he would not detain the House
longer than in shortly stating what these heads were. In
ancient times there was no such thing as arrest for debt—
it was against the rights declared in Magna Charts, and
even Lord Coke declared it to be illegal. But now it
was the practice to arrest for debt, and consign persons to
prison on the most frivolous pretences. In the reign of
William 111. an Act was passed, protecting from arrest
in Wales, unless the debt amounted to 201. ; and, taking
the relative value of money at the two periods, that would
now be equal to 50/, or 601. That, he thought, would now
be a reasonable sum to limit 0:- right of arrest. But lie
objected to arrest altogether ;•A; meene process. The in-
jury resulting from this general right was an great, that in
the reign of Geo. I, it was enacted that no person could
be arrested for any sum under 101.: and another Act was
since passed, raising it to 151., which expired in 1823, but
which, be was glad to hear from the Learned Gentleman
opposite, was to be renewed. The advantge of raising
the sum still higher was apparent from the Returns on the
table. There were now 800 persons in prison for debts
under 20/. ; and from the day the Act expired, the prisons
were crowded. Whatever might be the fate of his Bill,
the renewal of that Act would do great good. His object
was not to abolish the Law of Arrest, but to assimilate
it to the Law of Debtor and Creditor in Scotland. There
were few persons imprisoned for debt in Scotland.
The whole number did not exceed 217 or 218, and he was
assured by a most respectable solicitor in Edinburgh, and
who had great business, that during the 22 years he had
practised, he never committed one to prison. A Com-
mittee to inquire into the penalties levied in Scotland and
elsewhere would be most useful, with the view of coming
to a practical result. Let the creditor have the power of
attaching the property as in Scotland, or, which is the
same thing, of extending the practice of the Corporation of
London to the whole country. A debt may be recovered

part of the country. If after an attachment the debt was
not satisfied, judgment would follow, and then imprison-
ment. The other part of the Bill regarded bonds, bills,
and promissory notes. If any of these were dishonoured,
it was now necessary to bring an action at law to recover
the amount, in which case four or five months elapsed be-
fore the party could obtain his money. The expence in
every contested suit was not less than 401. or 451., and if
undefended 101. or 1 b/. at least, all of which would be
saved by the mode he proposed to stthstitute, In Scotland
there was a clause in every bond, giving a warrant of attor-
uey to recover the money, if not paid when due. A notice
of five or six days was given to the debtor, and if the
money was not then paid, judgment was entered up, and
execution immediately followed. Bills and promissory notes
also were considered as debts confessed, and, after a few
days' notice, judgment was entered as on a verdict. Thus
the whole expence of a suit was saved. Another inconve-
nience in the practice was, that the Sheriff, in twenty-four
hours after the warrant was put in his hands, may enter
a man's premises and sell his goods, from which, in many
cases, ruin followed. In Scotland this could not
be done without giving fifteen days' notice.--
He submitted, in favour of applying to England the sys-
tem so successfully adopted in Scotland, that in Scotland
credit was in a much better state. The machinery for its
application in England was already prepared ; it could he
adopted with very little trouble ; and debts could then be
recovered with cheapness, with one-fourth of the present
expence. As he had mentioned lately, there were in pri-
son 1,822 persons ; of them 1,141 were committed on
mesne process, many of which were of the most frivolous
and vexatious character. Those arrests could be chiefly
avoided by the measure which ho proposed. Here, how-
ever, was a part—and only a small part--of the reform in
the law of arrest that was required. The laws regarding
Debtor and Creditor much wanted amendment. He par-
ticularly would prevent persons from keeping property
from their creditors in defiance of them : if they would not
voluntarily give it up, they should be forced to do so. He
condemned the regulations called Prison Rules—the prac-
tice ought to be abolished with the abolition of arrests on
mesne process. By the adoption of this Bill credit would
be improved, and much misery prevented. He concluded
with moving for leave to bring in a Bill for the better pre-
vention of frivolous and vexatious arrests for debt upon
mesne process, and for facilitating the recovery of debts
accruing on deeds, bonds, bills of exchange, and promis-
sory notes.
Mr. WARBURTON seconded the motion.
The ATTORNEY-GENERAL should not oppose the
bringing in of the Bill, as it would be requisite that there
should be a more full exposition of the objects of the Bill
than had now taken place; but even then he thought it
would be difficult to make the proposed alteration palatable
in this country.

Mr. HUME had been ready to go into full details, but
thought he was pursuing the course most acceptable to
the House—mentioning the subject now generally, and re-
serving more minute details till the Bill should be before
the House.
Motion agreed to ; leave given.

Mr. LEADER MABERLY obtained leave to bring in a
Bill to prevent the application of Corporate funds to Election
purposes, after remarks from Mr. S. Rick and Mr. WYNN,
who viewed the measure as one of a general character, and
not meant to apply to a particular place, though it could
not be denied that it arose out of circumstances connected
with the last Northampton election.