Imprisonment for Debt Abolition Act 1889 (SA)

ANNO QUINQUAGESIMO SECUNDO ET QUINQUA-

GESIMO TERTIO

VICTORIA3 REGINB.

A. D. 1889.

No. 466.

An Act to abolish Imprisonment for Debt, except in

certain cases.

[Asseated to, December 6th, 1889.1

W HEREAS it is desirable to abolish imprisonment for debt, Preamble. except in certain cases--Be i t therefore Enacted by the

Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this prcscnt Parliament assembled, au follows:

1, This Act may be cited for all purposes as The Abolition of Short title and ante

Imprisonment for Debt Act," and shall come into operation on the of commencement.

twenty-fourth of December, one thousand eight hundred and eighty-

control in such capacity: IV. Default

nine.

2, From and after the passing of this Act no person shall be Abolitionofimprbon-

arrested or imprisoned for making default in payment of a sum of merit for debt.

money, except in the following cases-

r. I)efault in payment of a fine or penalty, or sum in the nature Bxoeptrana.

of a fine or penalty, other than a fine or penalty in respect.

of any contract:

11. Default in payment of any sum recoverable summarily before

a Justice, or Justices of the Peace, or Special Magstritte

of the said province:

m. Default by a trustee, auctioneer, bailiff, messenger, or person acting in a fiduciary capacity and ordered by the Supreme Court or the Court of Insolvency, or any Local Court of Insolvency, to pay any sum in his possession or under his

52' & 53' VICTORIA!, No. 466.

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The Abolition qf Imprisonmen .t .for Debt Act. -1 889.

IV. Default by a practitioner of the Supreme Court in payment of costs, when ordered to pay costs for misconduct as such practitioner, or in payment of a sum of money when ordered to pay the same in his chnractcr of an officer of the Court making the order:

Provided that no person shall be imprisoned, in any case excepted from the operation of this section, for a longer period than six months; and, also, that nothing in this section shall alter the effect of any judgment or order of any Court for payment of money except as regards the arrest and imprisonment of thc person rna,king default in paying such money: Provided also that, except as provided in sec- tion 5, nothing in this section contained shall alter or repeal the powers given tn any Local Court under the provisions of the (bIJocal

Courts Act, 1886," Part IX., to commit s debtor to gaol, as therein authorised, or alter or repeal Part XJII. of the last-mentioned Act, or an Ordinance of the Governor and Tqislative Council, No. 9 of

1845, intituled "An Ordinance for adopting in South Australia

certain parts of an Act made and passed in the Imperial Parliament which was held in the first and second years of the reign of Her present Majesty, intituled An Act for abolishing arrest on mesne

placess in civil actions, except in certa'in cases; for rxtending the

remedies of creditors against the property of debtors; and for

amending the laws for the relicf of insolvent debtors in England.'"

Dischar eofpemons 3, Where any person is, at the coming into operation of this

in	CIIU~O !!i	g.	Act, in custody, in pursuance of a writ, attachment, or other process, in any case in which he mould not be liable to be arrested or imprisoned after the coming into operation of this Act, such person shall, on the coming into operation of this Act, be discharged from such custody; but his arrest, imprisonment, ov discharge, or thp issue of an unexecuted writ of mpins ad sutisfuciendum, or warrant
of a Local Court in the nature of a writ of c & k s ad sa t i~~c iendunt
against a debtor, shall not affect the creditor's rights or remedies for enforcing the payment of any money due to him, or deprive the
the debtor, or of his remedies under " The Insolvent Act, 1886." creditor of the benefit of any charge or security on any property of

Bail, alteration in 4,

Whenever, at or after the passing of this Act, bail has been or has to be given in any action, the defendant in which, after the passing hereof, cannot be imprisoned on making default in satisfying the judgment recovered against him in such action, the condition of such bail (instead of bcing that the judgment shall be sntisficd, or the defendant rendered to prison) shall be deemed to be, or shall be, as the case may be, that the defcudant shall not go out of the said province without the leave of the Court in which such action shall have been brought.

conaition oi.

Diecharge of persons	5, Notwithstanding anything in section 243 of the "Local Courts Act, 1886," or any other part of such Act contained, every person heretofore or hereafter arrested under Part xIrr. of such Act in
fled judgments.

m a t e d on unaatis-

respect

52' gL 53' VICTORIE, No. 466.

The Abo bition of Imprisonment .for Debt Act.-1889. p p pp

respect of a debt clue on an unsatisfied judgment, shall be dis- charged from custody on the expiration of forty days from the day of his arrest, or, if such forty days shall have expired on the passing hereof, then such person shall be discharged forthwith.

6. The provisions of sections 162, 163, 172, 173, 175, 176, and Unsatisfied judgment

177 of the Local Courts Act, 1886," shall cxtend to oases in which ~ ~ 2 " j "; " d ~ ~ m e

any party shall have obtained any unsatisfied judgment, decree, or

order in the Supreme Court, or any court of competent jurisdiction, for the payment of any sum of money to enable such party in the prescribed manner to obtain an unsatisfied judgment summons from

the local court nearest to where the other party shall then dwell or

carry on business, or by order of a special magistrate from the Adelaide Local Court, and to procced thereon in like manner as if such judgment, decree, or order were the judgment or order of a local court held by virtue of the said Act, and as if the court granting the unsatisfied judgment summons were the court in which the judgment was obtained.-

7, Nothing in this Act shall affect any right or power under Savingclauae.

L' The Insolvent Act, 1886," to arrest or imprison any person, or entitle any person imprisoned under such Act to be discharged from custody, except as therein provided.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill:

KTNTORE, Governor

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Adelaide : By authority, W. F. LEADEX, Govcrnnlent