Debtors Act 1870 (Tas)

Debtors Act 1870

An Act to make better provision for the abolition of imprisonment for debt [Royal Assent 18 October 1870]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title This Act may be cited as the Debtors Act 1870 .

2. Commencement This Act shall come into operation on 1st January 1871.

PART II - Abolition of Imprisonment for Debt

3. Abolition of imprisonment for debt With the exceptions hereinafter mentioned, no person shall be arrested or imprisoned for making default in payment of a sum of money. There shall be excepted from the operation of the above enactment – (a) default in payment of a penalty or sum in the nature of a penalty, other than a penalty in respect of any contract; (b) default in payment of any sum recovered summarily before justices; (c) default by a trustee or person acting in a fiduciary capacity and ordered to pay by the Supreme Court any sum in his possession or under his control; (d) default by any Australian legal practitioner in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of the Court making the order; (e) default in payment for the benefit of creditors of any portion of a salary or other income in respect of the payment of which any court having jurisdiction in bankruptcy is authorised to make an order; (f) default in payment of sums in respect of the payment of which orders are in this Act authorised to be made; (g) default in payment by a husband to or for the benefit of his wife of any sum of money payable as alimony under or by virtue of an order of the Supreme Court or a judge thereof. Provided, first, that no person shall be imprisoned in any case excepted from the operation of this section for a longer period than 6 months, and, secondly, 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 the person making default in paying such money.