GOVERNMENT BILLS

Wanganui Chronicle, Volume 6, Issue 288, 17 April 1862, Page 4

GOVERNMENT BILLS

T 1 e Attorn ey[Generai has sent is drafts of several Bills the Government intends introducing into the General Assembly next Session. The one of most general interest will be , found belovc in full, and of the others we shall next week give a summary which will make their scope and ten,or intelligible. AN ACT for relief of Persons. Imprisoned for debt , and for the better security of Prisoners ,

Be it enacted by tbe General Assem* bly of- New Zealand in Parliament assembled, and by tl\o authority of thesame as follp,ws :—■ I. The short title- of this Act shall be “ The Imprisonment for Debt Act, 1862 P 11. An Ordinance passed in. the year 184-1, in the 3rd Session of the Legislative Council of the Colony of New Zealand, intituled “ An Ordinance for the relief of persons imprisoned for debt,” and the Imprisonment of Debt Ordinance Amendment Act, 1861,” are hereby respectively repealed. 111. It shall be lawful for any person who shall have been taken in execution under any process issuing from the Supreme Court or from any court of inferior jurisdiction, for any debt or sum of mapey to apply by petition to a judge of th,e. 'Supreme-,.Goprb for discharge from custody and for relief* according to the provisions of this act. IV. The petition shall state the time of the prisoner’s committal to prison, and the name or names of the person or persons at whose suit he shall; bp detained in custody, and the debts or spins of money lor which he shall be so detained, anti that be hath caused notice ip writing of his intention to present such petition, to be personally served on such

detaining creditors as aforesaid,; or, .on. their attorneys or agents (which notice shall be served accordingly.) The petition shall also set forth either in its body or by way of schedule, a full, true, -arid particular account of all the petitioner’s debts/liabilities and engagements, and the respective amounts thereof, as nearly as may be, and to whom owing, with the names, places of abode, antWescriptions of the-persons to whom owing, and the respective considerations ; for the same : And also of all monies due to or payable to him from any person or persons, or on any account whatsoever, and of all income whereof he shall be in receipt from any office, place, or employment whatever, and of all real and personal estate and effects whatsoever, of or to which he shall be posses ed or entitled in possession, reversion, remainder, or expectancy, or of which he shall have power to dispose, aud all such other particulars as shall from time to time by any rule or order in that behalf be directed for the purpose of enabling the court to judge as to the state, circumstances, and condition of the petitioner. The petition shall be. subscribed by the petitioner, and shall be forthwith filed avith .the registrar or deputy registrar (as tHd case-may be) of the court of the district within which such prisoner shall be confined.

Y. The court shall sit for the hearing of applications for relief, and for the despatch of all business accruing under the provisions of this act, ‘at such places, and on such days and times as the Governor in Council shall from time to, time appoint.

YI. Lists of persons applying for relief under this act shall, bp published in the Government Gazette-one' month at least before hearing their respective petitions.

VII. Every pprsq-p, who. shall have filed such. petition, a? aforesaid, shall be bpoiight up, on, such day. accordingly; and, upon the Rearing of the petitioner’s application for- relief/ it shall be lawful for- the court, oil, being satisfied of the matters contained in such petition by enquiries to, be made or directed by'the court through such officer of the court or other person appointed in that behalf, or in such manner as to the coupt shall seem fit, to make such order-as to,, the court as shall seem fit, for relief of the petitioner, and for releasing and: discharging the petitioner from all or any of the debts, liabilities, and engagements specified in such pucitipp, op any part or parts thereof, and. by the same or any other order rrry order and direct the conyeyanr j assignment: by the petitioner of all s’ich estate and effects, as aforesaid, or any part, thereof ta tire registrar ol the said. Supreme Court, or to such other person, op persons as. to the. court shall seem. fft, suph conveyance and. assignment to contain all requisite powers for enabling some person or persons named therein to recover and receive debts, monies, goods, chattels, estate and effects ip, any way belonging to or due or payable to the petitioner, or any of such, debts or monies, goods, chattels, estate or effects in particular upon. such trusts, with such powers, subject to. such conditions, and'in such manner a& to. tb.e, court shall seem fit for the purj>ose of selling, disposing of, getting in and receiving or otherwise realising such estate, monies, goods, chattels, and effects, and thereout, of satisfying all costs, charges, and expenses incurred by order mf the court, or incidental to the execution of such trusts, and all fees of court and such other sums of money as shall be ordered by the court, and subject thereto for the purpose of such a just distribution and administration of such estate and effects between and amongst, and for the benefit of all or any of the creditors of the petitioner, : itr sUch' order of priority or by way of pro rata distribution or otherwise, and inclusive or exolusive of any creditors of the petitioner, either in whole or in part, and generally in such manner and in all respects as the court in the fullest and most absolute discretion may think fit, and shall in and by any such order direct: And upon compliance by the petitioner with the terms bf such order, the effect thereof shall be to release and discharge the petitioner from any debts, liabilities and engagements specified therein, and from liability in respect thereof, but so far only, and to such extent, and at such time, and in such manner, and upon such terms and conditions as shall be speci£pd, in such order. VIII. The court, upon full compliance by the p.eiiiioner with the terms of. suchopder, or in:?acdordahee ’therewith, may order the prisoner to be discharged from custody, and he shall be . discharged accordingly; and it shall be the. duty of all sheriffs and gaojers to.obpy spph orcley. IX. The couri may, from ti.m,e to time, adjourn the hearing of any-peti-tion to any time ca;- place which it shall think fit, and may examine the petitioner upon oath as, to, the matters stated in the petition; awl any creditor or person claiming to be a creditor of the. peti-. tiojicr, may attend any hearing of such petition, and may, either by himself oy. counsel, he. heard in opposition, thereto ; and, by leave of the Court, may examine the petitioner and any witnesses which the court shall think fit, an,d| may, by such leave as aforesaid, produce, and read to the court any letters, op documents whatever, in any way relating..to, tho,affairs of the petitioner. p. , y Any person who, shall appear to the court to have committed any of the offences hereinafter mentioned;, shah not be entitled to relief under this act, until the expiration of one year at least from the date of such hearing, XI. If a person shall have been guilty pf any of the following acts, deeds, neglects, or defaults : that is to say, if a person- shall have contracted any of his dobts fraudulently, or by means of a

.breach of. trust, or by- nleansof false'pretences, or; without having had any reasonable or probable expectation at the time when contracted of paying the same ; or shall have fraudulently, or by means of false pretences, obtained the forbearance of such debts by any of his creditors, or shall have put any of his creditors to unnecessary expense by any vexatious or frivolous defence or delay td any suit'for recovering such debts ;or shall be imprisoned or liable for damages recovered in any action,for criminal conversation, seduction, or breach of promise of marriage ; or for damages recovered in any action for a malicious prosecution or for‘libel, or for slander ; or in any other action for a malicious injury '; or in action of tort or trespass to the person or property ; or shall have falsified any books of accounts ; or, being a trader, shall have conducted his business, or I kept his accounts with gross negligence ; or who sliallhave fraudulently crvypealed or misrepresented the state o r fiis affairs ; or (with intent to dimin' his means of paying and satisfying his creditors, or any of them) sh-'m have fraudulently dis- ; charged or concealed any debt due, orgrowing aue-to him, or to any person in trust for him ; or made away with,, ox* assigned, transferred, charged, delivered, or made over any of his estate or effects, before or after the commencement of his imprisonment ;, o?r shall have been guilty of any fraud or misconduct whatsoever in reference to. the management or disposition of his estate, or the contracting of any xwisetisfipd debts, liabilities, or engagements,. lie shall be deemed to liav;e ; committed an offence under this a,ct. XII. The court may, in itsdisei;eti ; on, allow to" any opposing creditor-tha ; costs of opposition to be added; to. such creditor’s debt or liability-against; the petirfioncr’s estate.

XIII. Where a person in-custody.-shall-, be maintained at the public charge, there shall be paid out of the estate, and effects, of suchi prisoner, so long as he shall, be so, detained, and so far as such estate, and effects will extend, the sum of four shillings per week for liis maintenance ; and the same shall be paid to tbe keeper- of the gaol, towards the maintenance of the prisoner, and accounted for by him. accordingly. And the court shall, hi any order relating to.thp estate and effects of the prisoner under this, act, make provision, for payment of such sums accordingly- in preference to any other debt or liability, whatsoever. XIV. A detaining creditor shall pay, at the rate of four shillings per week, for the maintenance of a prisonei? detained at his suit; and, failing 1 snph payment, the court may order- the prisoner to be discharged, Tljp-. money so paid to be applied in reimbursement of tbe cost of maintaining the prisoner*. XV; Where these.; be several detaining creditors, they shall contribute towards, the- maintenance of the prisoner, tb-e bcfc-romentionecl rate, proportionately to. the respective amounts for which the prisoner shall be detained. XVI. If upon the. hearing of any petition, or upon any enquiry or proceeding arising out of or in relation thereto, the court shall desire to be assisted or advised by men of mercantile experience upon any -question, matter, ox thing whatsoevei - , in. any way relating to the conduct of the petitioner, the state,of his accounts or affairs, or of any particular account or affair, the nature of the arrangement proper to be made with or for the benefit of the petitioner’s creditors; the terms and conditions of any order to bp made by the court, or upon any other matter or thing whatsoever, in any way relating to or arising out of the petition, or any proceedings thei’eupon, it. shall be lawful foy the court to summon, and. require the attendance of any person or persons who, in the judgment of the court, shall be men of mercantile experience, af any time or place to be named in such, summons; and every person so summoned, shall obey such summons ; and, suck persons shall be called mercantile assessors, and shall be bound to attend the court, from, time to time, as may be ordered by-the court until discharged, and to advise and assist the court in reference to the matters aforesaid, in such manner as the court shall require. And for that purpose the court may refer to such person or persons any accounts, books, or papers whatsoever, and may call on and require such pei'son or persons to make a report to the court upon any specific question, matter, or thing which may be referred to them. And such person or persons shall, in executing the duties so imposed on them, have power to examine the petitioner and witnesses on oath, and to call for the production of books,' papers, and accounts, and to conduct their enquiries at such times and in such manner as to them shall seem fit.

XVII. The court may order such reasonable fees and allowances to be made to. such person or persons as to the court shall seem, fit not exceeding £ per' d,ay for every day’s attendance or occupation, about such business. XVlil. For the purpose of carrying into execution the provisions of this act, the court shall have power to employ from time to time receivers, agents, clerks, and accountants, and may allow the mercantile assessors to. employ clerks and accountants, and, may incur other reasonable costs and expenses incidental to the . carrying into execution the pro-, visions of this act. • XIX. For the purpose, of forming a fund for payment of costs and expenses, under this., act, there shall be paid opt of every estate brought under administra-. tration through the provisions' of this, act, a sum of in the pound; upon the gross amount of all monies recovered and received from such estate and effects, which money shall be paid into, the Supreme Court to the credit of

a - fund to be - called “ The' Insolvent, Estates Fund.” - .

XX. Alb payments authorised by the court' to be made under this act shall be paid out of “ The Insolvent Estates bund,” or if th6re shall be Ho monies, applicable from such fund, then by the Colonial Treasurer upon ah order of the court to that- effect out of the general revenue of, the colony by Way of advance to such fund, and to be repaid when and as tbe state of such fund shall admit, by an order of the court upon application of’ the Colonial Treasurer.

XXI. If any person not being a prisoner in custody, shall be ’'.liable to satis y his just debts atul liabilities, and shall be desirous of himself of tbe provisions by the foregoing sections of this act, and shall give notice in the Government Gnze'te, and also, in at least o’:.e newspaper published..-In the pi'ovince in which he shall reside, three times consecutively witlfin six . weeks before presenting has petition, setting forth in such notion his intention to apply for relief under the provisions of this act and the time when his application will be made, and if the court (after proof of such notice as aforesaid) upon hearing thepetition, and. after such enquiries as to. it shall seem fit, shall be satisfied that the petitioner’s inability to satisfy his just debts and liabilities has not arisen from bis own wilful default, neglect, or imprudence, and. that none of bis debts or liabilities, have, been contracted by any of the Ways and means specified in. the 11th section of this act, and that he-had not been, guilty- of any of the offences specified in such sectiou.; the court may in, its discretion, declare such person* entitled to relief under- the; foregeiojg sections of this, act, and thereupon suck person may proceed in like manner as if he were, a prisoner in custody, and the like proceedings shall be thereupon had and taken, as it he were a prisoner in custody mvtatis mutandis*

XXII. In case any person being; taken in execution for any debt shall* remain- in custody for the space of two calendar months without satisfying; the. same, it shall he lawful for any creditor or expeditors of such- prisoner -to present a petition to, the court .setting forth such fact and* also setting forth the particulars of the. debt or debts owing to him or them, and praying that such prisoner shall be compelled to make a cession of his real and personal estate for the benefit of his creditors : And the court upon hearing such petition, and being satisfied as to the truth thereof, may, in such manner as it shall think fit, order such prisoner to cede and deliver all or any paid; of his real, op personal, estate to, or empower the same to be recovered and., reqeiyed by, the registrar of the court or such other person or pei’Sons, in such manner, and upon such terms and. conditions, and upon suph trusts, as to the court shall, seem, fit for seeming the proper,- administration °f the debtor’s estate, (subject to and after making provision for all proper costs, charges* and expenses, as shall be determined by the court,) for the benefit, of all or'any of the. creditors of such, prisoner, in such order of priority, or-by way of prorata distribution' or otherwise* and inclusive or exclusive of any creditors of the peti tioner either in whole or in part,, and generally; in. su.ch. manner in. alb respects as the court in the fullest and most' absolute discretion may think fit, and shall in any such oi’der direct, with such, pro vision lor the relief of such, prisoner from his debts, liabilities, and : engagements, or any of them, either in whole or in part, at such time or- times, upon such terms and conditions* as. to* the court shall seem fit; and. in,case such prisoner shall not, within such time as shall by any such order he limited in that behalf, make such eession and delivery or give such power, as aforesaid, the court may order the registrar of the court, f or such other person as the court shall in that behalf appoint in the name, and on behalf of such, prisoner, to make such cession and delivery, and to executejdl necessary acts, deeds and instruments whatsoever, for vesting tlie estate and effects of the prisoner in the person. o;v persons appointed by the court upon tlsp-and in manner afoi'esaid, and all acts, deeds, and instruments done and executed under, such last mentioned order, shall be as effectual as if the same were made, done, and. executed, by such pris-. oner.

XXIII. Upon the aaay sneh last mentioned petition, the Court. and mercantile assessors, respectively, shall have all the powers which, are. hereip contained, in reference to proceedings upon the petition; of insolvent debtors. XXIV. X o sale, mortgage,deli very, or disposition whatsoever, of any real or personal Estate of any prisoner in custody shall be of any force or effect whatever, unless the same shall be made with the consent of the Court, or such person or persons as the Court shall in that behalf from time to time appoint, and no such consent shall.be given unless it shall appear to the Court, or .to such person or persons, that the same, is made bona fide, and is not meant to defeat the prisoner’s just creditors, or to,give unduu preference or with any other-fraudulent intent whatever. XXY. Every act, deed, disposition, or delivery of real or personal Estate, goods, chattels, or whatsoever, made by, any prisoner in custody contrary to the, provisions of this Act, shall; be void and of np.effect. . . XXYI-. J&xeryTruafeel appointed under this act shojl have the same power of recovering and receiving, any debfcv nippies, goodp, chattels, and;Estate disposed. of by a prisoner in custpdy contrary to the.proyisipns of this act, as effectually as if no'spch thereof bad taken place. . ■

XXVII. This a<it shall ndt fektend to discharge any prisoner With respect to any debt due to her Majesty or Her successors, or to any debt or penalty with Which he sHali stand dliarged at the suit of the Ol'oWm or bf any person for any offence committed against any Act of Parliament or Ordinance; Of' this colony, relative 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 prosecuted for any such offence, unless His Excellency the Governor shall certify under his hand his consent that' such person may apply to take the benefit of this Acri

XXTIII. Any order of the Court under the provisions of this Act may be pleaded by way of defence or otherwise to any action or suit, or other proceedings whatsoever. . XXIX. The Court shall from time to time make Rules and Orders for regulating proceedings under this act, and may .from time to time alter and rescind the same. XXX. Notice of Rules and Orders, and of all alterations and rescindings. thereof, shall be published in the Government Gazette for the Cb - ony.

XXXL All Trustees, Receivers, Agents, Accountants, and other persons from, time to time acting under or in execution of the provisions, of this act, or any conveyance or assignment made in pursuance thereof, shall, fcr the time they shall so act and so. far as they shall so act, be deemed to f be officers ef the Court, and shall be-subject to and shall obey such orders as the Court shall from time to time make. XXXII. The Chief Justice of the Supreme Court shall settle a table of fees to be paid by petitioners creditors and other person's, and a scale of allowances to witnesses, and other allowances ia respect of proceedings under this act, which fees>and allo-wances being allowed by the Governor in : Council, shAll be payable accordingly. XXXIII. There" shall; be no appeal i against any order proceedings under this act. . "1 XXXIY. The term “ Court” in this act shall mean the Supreme Court of the Colony, exercising Jurisdiction in a s&jk*. arate district.