IMPRISONMENT FOR DEBT.

Daily Telegraph (Napier), Issue 3598, 23 January 1883, Page 4

IMPRISONMENT FOR DEBT.

When the law of imprisoment for debt was abolished, the press Avas filled Avith congratulations upon the erasure from the statute-book of a survival of barbarism. But many an unfortunate debtor has discovered that if the old law chastised him AA-ith whips the iicav one uses scorpions. It is pleasant to find, therefore, that one Magistrate (Mr CareAV, of Dunedin) has declared his determination to discountenance the abuse of judgment summonses. He observed that applicants for these processes did not appear to consider the import of the form which they signed, namely:—"l undertake to prove to the satisfaction of the Court at the hearing that the judgment debtor has or has had since the date of the judgment the money to pay the sum in respect cf Avhich he had made default. I am aAvare that if I do not prove the same accordingly that I shall have to pay the cost of this summons." He interpreted this declaration to mean—not that the person sued had received in the aggregate sufficient to pay the debt, but that he had, after providing- for the actual necessaries of life, been in a position to pay and failed to obey the order of the Court. In the case AA-hich drew forth these remarks it was slioavu that the laborer against Avhom a judgment summons had been obtained Avas in receipt of only 27s 6d a week to support his Avife and fiA-c children. The Magistrate ruled that though this man's wages since tlie j«<%ment Avas given amounted to moro money than Avould have settled tho debt sued for, that, clearly, was not the meaning to be placed upon the spirit and Avording of the hiAV. Imprisonment for debt should be only ordered Avhen the failure to pay Avas fraudulent ; and in the case under notice the man Avas not able to pay. These remarks, the justice of Avhich is obvious, should be taken to heart by all Magistrates Avho are entrusted Avith "the administration of the Act, aud also by tradesmen when applying for these orders.