The Evening Star MONDAY, JULY 13, 1874.

Evening Star, Issue 3553, 13 July 1874, Page 2

The Evening Star MONDAY, JULY 13, 1874.

The Imprisonment for Debt Abolition Bill, now before Parliament, contains but eight clauses and the preamble. The long title is “ An Act for the Abolition of Imprisonment for Debt, and for other purposesand as the preamble does not contain any explanation of the reasons for introducing the measure, but proceeds at once with “ Be it enacted,” we infer that the Ministry consider the mere title suffi cient to commend it to the acceptance of the country. The second clause, prescribing the date on which the Act is to come into operation, leaves it blank in the draught copy, but our telegrams fix the time as the Ist of October next. The third clause in general terms enacts that “No person shall, after the commencement of this Act, be arrested or imprisoned for making default in payment of a sum of money.” There are, however, some exceptions to this sweeping enactment, that leave imprisonment for debt a rod that may be made use of in certain cases. They are: First, “ default in payment of a penalty, in respect of contract second, “ default in payment of a sum recoverable summarily before a Resident Magistrate, Justice of the Peace, or Court of Petty Sessions, under the Justices of the Peace Act, 1866, or Resident Magistrates Act, 1867 third, default by a trustee to pay money under his control when ordered by a Court having jurisdiction to do so;” fourth, default by a solicitor to pay costs for misconduct, or for non-payment of money by him in his character of an officer of the Court making the order ; and fifth, “ default in payment for the benefit of creditors of any portion of salary or other income ordered to be paid by a Court of Bankruptcy or Insolvency.” In these cases the term of imprisonment is limited to one year, and, excepting as to arrest and imprisonment, the effect of “any judgment or order of a Court for payment of money is to remain unchanged.” The fourth clause repeals clauses six to sixteen of the Resident Magistrates Act, 1868. By the fifth clause, no person is liable to be arrested upon “ mesue process in any action in the Supreme Court,” unless a plaintiff, prior to final judgment, makes oath that he lias a good cause of action against the defendant to the amount of fifty pounds or upwards ; and that he has good cause to believe he is about to quit New Zealand. If the Judge is satisfied that the application is well founded, he may order 1 the defendant to be arrested and imprisoned for a period not exceeding

six months, unless before the time expires he gives security “ not exceeding the amount claimed ” that he will not leave the Colony without leave of the Court. When the action is for a penalty “in respect of contract,” the nature of the security to- be given is that the money shall be paid—not that that the defendant will not go out of New Zealand. By the sixth clause insolvent debtors imprisoned prior to the Act coming into operation, who would not have been liable to imprisonment had it been in force, aie to be released. By the seventh section, the “condition of bail” is to be that a defendant shall not go out of New Zealand without leave of the Supreme Court. The eighth is merely an interpretation clause.