Imprisoned Debtors Act 1825 No 7a (NSW)

No. VIII.

An Act for the Relief of Persons imprisoned for

Debt, [30th March, 1825.1

W H E R E A S established in N e w South Wales unde r and by v i r tue of H i s

it hath been t h e pract ice of t he Supreme Cour t

Majesty 's Char t e r bea r ing date a t Wes tmins t e r t he four th day of F e b ­

r u a r y in t he fifty-fourth year of t h e re ign of H i s late Majesty K i n g

George t he Th i rd w h e n any Defendant h a t h been imprisoned by t h e

Process of the said Cour t for debt a n d i t h a t h been made to appear to

the satisfaction of t h e J u d g e of t h e said Cour t t h a t such Debtor h a d not sufficient estate a n d effects to relieve himself from prison for t h e said J u d g e to order t he Plaintiff to m a k e reasonable allowance for t h e suppor t of t he Defendant or i n default thereof to discharge such Defendant from pr ison A n d whereas the said pract ice h a t h been found

convenient a n d i t is expedient t h a t t h e same should be cont inued u n t i l

fur ther provision shal l be m a d e in relation there to Be i t therefore

enacted by H i s Excel lency t h e Governor of N e w South W a l e s wi th the advice of t h e Counci l t h a t when and as often as any Defendant charged in execut ion by t h e Process of t he Supreme Cour t s or Courts of

of Reques t of N e w South W a l e s or V a n Diemen ' s L a n d respectively

shal l he b r o u g h t before t he respective J u d g e s of t he said Cour ts out of wh ich such process shall have issued by a ru le for t h a t purpose to be m a d e ei ther in T e r m t ime or Vacat ion and i t shall be m a d e to

appea r to t h e satisfaction of t h e said J u d g e s respectively t h a t such

Deb to r h a t h no t any estate or effects sufficient to ma in t a in h i m or

herself in pr ison t h e said J u d g e s respectively may issue a n Order in

wr i t ing di rect ing t he Plaintiff to pay to t h e Defendant such allowance

as shall be t h o u g h t reason aide weekly du r ing his confinement in gaol a t t he sui t of t he Plaintiff and if such Plaintiff after such Order shall have been duly served upon h i m shal l m a k e default in t h e paymen t of such a l lowance for t h e space of one week such Defendant shal l be discharged out of custody a t t h e suit of t h e said Plaintiff upon appl icat ion to t h e aforesaid J u d g e s respectively verifying the fact by affidavit and giving reasonable not ice to t h e Plaintiff of his in ten t ion to app ly for such discharge Provided always t h a t where more Credi tors t h a n one shal l charge a n y such Defendant in E x e c u t i o n and shal l desire to have h i m or her detained each and every such Creditor shall only p a y such propor t ion of such weekly al lowance to such Defendant as t h e J u d g e before w h o m such Defendant shal l be b rough t u p to be discharged shall direct or appoint .