HC Deb 10 June 1824 vol 11 cc1170-1
Lord A. Hamilton

rose, for leave to bring in a bill for the extension of the small debts act in Scotland. In doing so, he observed, that he did not act from individual feeling. In the report of the commissioners appointed to inquire into the state of the courts of justice in Scotland, it was stated, that the commissioners and the justices of the peace were unanimous in wishing for the extension of the act. Numerous petitions had also been presented in favour of the measure; from which it appeared, that creditors in Scotland often gave up debts of moderate amount altogether, ra- ther than go to the expense of suing in the superior courts; whilst, in many cases, persons to whom 7l. or 8l. were due, reduced it, so as to come within the provisions of the Small Debts act. As the present session was so far advanced, he wished only to bring in his bill, and have it printed. The noble lord sat down by moving, for leave to bring in a bill to amend the 39th and 40th acts of the late King, cap. 46.

The Lord Advocate

doubted, whether the feeling in Scotland was so favourable to the noble lord's measure as was supposed. The bill looked only to the interest of the creditor; but that of the debtor deserved also to be considered. Here was a new facility to be given to the recovery of small debts, carrying of course with it a fresh encouragement to the giving of small credits. More than three-fourths of the persons now imprisoned in Scotland were imprisoned for small debts; and the bill gave a power of summary confinement to the creditor, beyond that which he possessed already. He had no objection to the bill being brought in and printed: but, upon examination, it would be found, that heavy objections existed against it. It Was worth while to observe the mode of doing business in those courts, of which it was now sought to extend the jurisdiction.

Mr. Maxwell

was favourable to the principle of the bill, but wished that something could be done to get rid of the system of imprisoning for small debts.

Mr. Hume

wished to extend the jurisdiction of the courts in question to 15l., and to get rid of all imprisonment for debt, both in Scotland and England.

Leave was then given to bring in the bill.