The Westport Times AND CHARLESTON ARGUS. MONDAY, SEPTEMBER 14, 1868.

Westport Times, Volume III, Issue 350, 14 September 1868, Page 2

The Westport Times AND CHARLESTON ARGUS. MONDAY, SEPTEMBER 14, 1868.

Constant testimony is being borne to the objectionable operation of the existing Resident Magistrate's Act. In another column a letter from a debtor to whom we previously referred appears and comment on such an anomalous condition of things, is unnecessary. Surely if the creditor ■who arrests a debtor is satisfied, the law has no right to further imprison him till some mysterious costs or other are paid, or till a judge's warrant is obtained. In the case in question, it appears quite j»robable that the latter if got at all, will arrive when the debtor by completion of his term, would under any circumstances have regained his liberty, and it is disgraceful to the statute book, and still more to the legislators, who are responsible for its contents, that such should be possible. A fortnight ago, we learn from the reports, reference was made in the Assembly to the £lO clause, which abolished imprisonment for debts under £lO, and Major Atkinson then asked the Government if they intended to bring in any measure that would alter the law as it at present stood. He then characterised immunity from imprisonment for debts under £lO, as an actual premium for petty frauds on business men. At the same time he did not wish to leave the discretionary power of imprisonment or otherwise in the hands of the creditor, but very sensibly as well as humanely suggested that it should be left at the discretion of the magistrate, so that the punishment of imprisonment, should only be used where there was reasonable cause to believe that the debtor wished to fraudulently evade payment. Without going into the question as to the wisdom or propriety of imprisonment for debt or its probable abolition, it does seem excessively ridiculous that a mau who owes £9 19s llf d should be protected from arrest, whilst another who had involved himself one more farthing should be taken in execution, and there can be no doubt that the results of this measure has been most disastrous to a large number of retail traders. The suggestion of Major Atkinson seems to meet the case fairly, and if acted on will at once be a protection to tradesmen against being swindled, and at the same time the power tbus vested in a magistrate, would prevent unreasonable or cruel advantages being taken of an honest man, who really through circumstances was not able to pay what he owed. Resident Magistrates would permit execution unless the debtor could offer some good and substantial reasons why such a course should not be taken. In reply, Mr Stafford expressed his concurrence in the views of Major Atkinson, and offered to assist a measure of the kind if thehon. member would bring it in. There is therefore every probability of the law being very materially amended, and that it needs it badly few will venture to deny. Reverting to the case of the prisoner at present confined in Westport, we were in hopes that some gentleman, more learned in tbe law than

ourselves, would kindly have solved the knotty poundage question, and enlightened us as to what the fees are for. The case ia fairly stated now, and we shall gladly give insertion to any explanation we are favored with. There appears to be every chance of large alterations being made in the Act, and whilst the tinkering is being done, it would probably be as well to so far simplify matters, as to render it impossible for the authorities to be saddled, actually against their inclination, with state prisoners in the shape of debtors to whom creditors have given a free release and discharge. We' draw attention specially to this case, with a hope to prevent its recurrence, and trust that our member for Westland North may, when the Act is under consideration, quote this example of the extraordinary effects of its present working.