THE NEW RESIDENT MAGISTRATE'S ACT.

Westport Times, Volume III, Issue 462, 6 February 1869, Page 3

THE NEW RESIDENT MAGISTRATE'S ACT.

During the last session of the Assembly, the working of the Resident Magistrate's Act, 1867," was fully discussed, especially with reference to the imprisonment clause, and the result was the passing of an Act intituled "an Act to amend the Resident Magistrate's Act, 1867." As there are a number of tradespeople who may perhaps be unacquainted with the law relating to petty debts, we make extracts in order to point out the difference between the old and the new Act. By Clause 4, it is provided " that under special circumstances the Court may permit any party to appear by au agent appointed in writing, or where any person sued is out of the colony, by any agent appointed in writing by any person holding a power of attorney." Clause 5 states that "so much of the seventy-fourth section of the said Act (18G7), as provides that no person shall be imprisoned on! account of any judgment debt of les3 ! than JBIO in amount, is hereby repealed." The portion of the Act 1567,! referred to, reads —"provided that no person shall be imprisoned on account of any judgment debt of less than £lO in amount." Clause 6, provides that the former portion of the seventyfourth and the whole of the seventyfifth section of the aforesaid Act shall apply only to judgment debts of more than in amount. Clause 7 and 9 fully explain the nature of the change in the Act. If a debtor fail to comply with these sections, by satisfying the Magistrate as to his conduct, and his means and expectations of paying the debt at the time he incurred it, he may bo committed to any convenient gaoi for any period not exceeding three calendar months. And when a debtor is committed under this section of the Act the creditor at whose instance such debtor shall be committed slmll not be required to pay thf; maintenance money required to be paid by "The Bankruptcy Act 1867." The 12th clause appoints the keeper of the gaol to keep the defendant until discharged under the Act. Imprisonment no satisfaction or extinguishment of debt. Imprisonment under civil process to be in a public gaol of the province. Debtor to be discharged from custody on payment of debt and cost. The eight preceding sections to apply only to judgments under £lO The 17th empowers the Magistrate, if it is made to appear to his satisfaction by affidavit of a creditor that a debtor is about to leave the colony with intent fraudently to evade the payment of the account due, to issue a warrant under his hand returnable immediately, and thereupon to cause such defendant to be brought before him and upon investigation of the case either to discharge such defendant or to hold him to bail for any sum not exceeding the amount sworn to in the affidavit; provided that it shall be lawful for any defendant against whom such warrant has been issued for any amount to deposit with the officer executing such warrant, or with the Clerk of the Court in lieu of bail, such amount with three pounds costs. The 18th empowers the magistrate to order immediate payment, and execution may issue at once. The 19th provides that if judgment goes against the plaintiff, the Magistrate may award defendant compensation.