A BILL FOR THE RELIEF OF PERSONS IMPRISONED FOR DEBT.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 41, 16 May 1844, Page 3

A BILL FOR THE RELIEF OF PERSONS IMPRISONED FOR DEBT.

Preamble. Whereas it is desirable that provision be ma||| (or ihe relief of persons imprisoned for Debt, w{ H have become indebted without any fraud or gr<l i or culpable negligence, by releasing tlie persons [ I such debtors from imprisonment, so as ‘heir estates tnay still remain liable for satisfactjii of their debts. Be it enacted by the Governor! I New Zealand, with the advice and consent of t Legislative Council thereof, as’follows : Debtors who have been three mon'hs in gaol, ml ? petition a Judge of Supreme Court for discharge, M 1. It shall be lawful for any person who sli. have been taken in execution under process of t: Supienie Court, tut any debt or sum ot money ai who shall have remained in prison for ("three calei ’ dar months) or upwards, to apply by Petition ; a Judge of the Supreme Court, for discharge fro')] Custody according to the provisions of this Orcj nance. Nature of the Petition • To be signed by Prisond f and tiled with Registrar of Supreme Court, j 2. The petition shall state the time of the pe; tioners commitment to prison, and the names I the persons at whose suit, he shall be detained custody, and the debts or sum ol money tor whj he shall be so detained ; and that he hath cauJ j§ notice in writing of his intention to present srj petition to be personally served on such detain) 1 creditors as aforesaid, or on their agents; 111 petition shall also be subscribed bv the petition: and he forthwith filed with the Registrar or ij 1 puty Registrar, (as thej case may be), of the ip: pieme Court, for the district within which sit prisoner shall be confined. Sittings of the Court. 3. The Court shall sit for the hearing of app, cations for relief, and for the dispatch of v business arising under the provisions of this Or nance, at ttie places and times following . (tj is to say). At Auckland and Wellington, in f | months of March, June, Srptember, and Dece] ber, in every year, or at such other quarte I periods and on such days as the Judge or Judg of the Supreme Court exercising jurisdiction 1 the district may appoint. And at any place who f a Circuit Court shall b ■ ho'den, ou such day the sitting of su.li Coo-t, as the Judge ot As»| shall lor that purpose appoint. The Hearing and Discharge. 4. Every prisoner, who shall have filed such petition as aforesaid, twenty-eight davs ai least before any day so appointed for the dispatch ol business arising under this ordinance, shall be I hiuugln up on such day accordingly. And a fer I the hearing of tile prisoner's application for relief, j it shall be lawful tor the Court on being satisfied of the truth of the matters contained in such petition, to adjudge that such prisoner shall be entitled to the benefit of this Ordinance, immediately, or at such time as the Court shall direct, in pursuance of the provisions h-reinafter contained, and to cause such prisoner to be discharged accordingly. Prisoner discharged, not again liable to he taken in execution but Estate to remain liable. 5. Where any prison, r shall be discharged from custody under the provisions of this Ordinance he 'hall not he liable at any time .thereafter, to be taken in execution for any debt or sum ot money, with respect to which he shall have so become entitled to t he ben. fit ol this Ordinance. Provided that as against the estate and effects of such prisoner whatsoever, and wheresoever, the judge merit under which he shall have been so imprisoned, as aforesaid, shall be as of full force and effect* as il Ihe body of such prisoner had never been taken in execution by virtue thereof. Priso'itr at tl e hearing to make statement in wrilin u of i.ll debts due to him. G At such bearing as aforesaid, the prisoner shall deliver to the Court a full and true statement in writing, subscribed by such prisoner, of all debts, then due, or growing due to such prisoner, or to any person in trust for him, and the names and places of abode of the several persons tiom whom such debts shall be due or growing due, and of the witnesses who can prove such debts, so tar as suclt prisoner can set forth the same. And to execute Power of Attorney in favour of one of the detaining creditors, for their recovery. 7. The prisoner shall likewise on ihe application of any detaining Creditor execute a Power of Attorney in tavor of such creditor, or such one of the detaining creditors as the Court may name, enabling such cteditor to sue in his own name for the debts set forth in such statement as aforesaid, and fin all other debts which shall appear at such hearing, to be due or growing due to such prisoner. Arid no prisoner shall bsentith d in any rase to the benefit of this Ordinance until he shall have executed such Power of Attorney as aforesaid, whenever application shall have been duly made for the same. Monies so received to he paid into Court for benefit of all detaining Creditors. 8. All monies, which shall be received by virtue of such Power of Attorney as last mentioned, shall be paid into Court immediately after the receipt thereof, and after deducting the expense of sucb Power of Attorney as aforesaid, shall be divided among the creditors at whose suit the prisoner shall have been detained at the time of such hearing as aforesaid, it* proportion to judgment of debts, in respect whereof he sb|§| have been so detained. And in case such motM| shall not have been so paid into Court by {■ creditors who shall have received the shall be lawful for the Judge who shall have sided at such hearing as aforesaid, upon the applis cation of any other of the detaining creditors *ast mentioned, to make order for the dufe pajmentof the same. The opposition\to prisoner's*discharge. 9. In case any detaining creditor shall intend to oppose such prisoner’s discharge, tt shall be lawful for such creditor to put questions to the prisoner, and to examine such witnesses as to tbe Court shall seem meet, touching such matteis as the Court shall think proper to inquire into, in order to the

“any person ill trust for him, or mad*- away with or assigned, transferred, charged, delivered or made over any of his estate or effects, befnie or alter the commencement of hi- imprison'm-nt ; then it shall be lawlnl for tip Con t to adjudge that such pti'ontr -hall he d-Ld-a, ged and ■ npllt-d as aforesaid, so soon ms lie shall ha>e beep in custody at the suit of some one of his desiring creditors, for such period not exceeding ( three years') in the whole, as tbe Court shall direct. Costs of successful opposition to be allowed to Creditor. 12 Whenever any detaining creditor opposing the discharge of anv such prison-r. shall proveto the satisfaction o' th° Court, that such prisoner has done anv act for which, upon such adjudi« cation as aforesaid, he tn»v he detained in custody for any period not exc- eding (two or three yews) as aforesaid, it shall he lawful 'or the Court lo aHo w to-snch opposing c-edifor such cost* of opposition as to the Court shall -eetn reaMinah'e. The costs so to be allowed sin-II be added to -.1 d deemed to form apart of the Judgment debt, in 'aspect to which sue h prisoner shall have been taken or charged in execution at the suit of such opposing creditor. If prisoner he discharged at the hearing, creditor to pay costs of his maintenance in prison. 13. Where any prisoner shall be found at any such hearing or adjourned hearing to be entitled to be immediately discharged under the provisions of this Ordinance, the Court shall, on the application of the keeper of the prison in which such prsoner shall have been confined, and upon proof that such prisoner has been maintained during his imprisonment or any par t thereof, at the public expense, order the creditor or creditors at whose suit he shall have been so imprisoned forthwith to pay to each keeper such sum or sums of money after a rate not exceeding in the whole the rate of (three shiliings) by the week, for the period during which the-prisoner shall have bdEn so maintained in such proportions as the Court shall direct. Every order so made shad have the effect of a judgment of tbe Court in favour of such keeper, as aforesaid. ; Ordinance not to extend to down debts,fyd. 14 This Ordinance shall not extend to discharge any prisoner with re-pect to any debt due to Her Majesty or her successors, or to any debt or penalty with which he 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 this Colony Jelative to any branch of the public revenue, or at the suit of any Sheriff, or other public officer upon any bail bond entered into for the appearance of any person prosecti ted for aoy such offtnee, unless his Excellency the Governor shall certify under Itis hand his consent that such person may apply to take the benefit of this Ordinance. Nor to come into operation until Her Majesty’s confirmation he notified in Gazette. 15 This Ordinance shall not come into operation until it shall hr-ve received the Roval coufirmatiou xsua rsewsfor the Urince of IVtdes.- ltT const qnence of the substitution ol goats for dogs, for tt purpose of drawing carts, becoming general, 'some over zealous fiiends of the brute creation have expressed an intention to petition the legislature for an act of parliament against the;goat tribe being Used as beasts of burden. If they .-iicceed in their proposed application, the heir apparent arid bis little sisters will be cruelly deprived of a great source of amusement, which they, at pi t sent derive tom being drawn ab ut bj their pretty pet Periaa goats,