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Abolition of imprisonment for debt, with exceptions.
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5. [1]
With the exceptions herein-after mentioned, no person shall after the commencement of this Act be arrested or imprisoned for making default in payment of a debt contracted after the passing of this Act.
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There shall be excepted from the operation of the above enactment :
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1. Default in payment of a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract :
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2. Default in payment of any sum recoverable summarily before a justice or justices of the peace :
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3. Default by a trustee or person acting in a fiduciary capacity and ordered to pay by a court of equity any sum in his possession or under his control :
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4. Default by an attorney or solicitor 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 :
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5. 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 or insolvency is authorised to make an order :
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6. Default in payment of sums in respect of the payment of which orders are in this Act authorised to be made :
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Provided, first, that no person shall be imprisoned in any case excepted from the operation of this section for a longer period than one year; 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.
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[1 See amendment made by 41 & 42 Vict. c. 54. s. 1.] |
