ARREST FOR DEBT UPON MESNE PROCESS. (Hansard, 10 April 1827)

§ Mr. Hume,

in bringing under the notice of the House the subject of Arrest for Debt upon Mesne Process, observed, that, although he wished, by the bill which he was about to introduce, and which introduction he understood would not be opposed, to abolish altogether the right of arrest upon such process, yet he was willing to submit to whatever modifications or alterations the House might think fit to propose. The practice of arrest for debt was of modern origin. He believed, that in Magna Charta, there would be found a prohibition against such a vexatious remedy. The first particular notice of it which appeared on the Statute-book was to be found in the 11th and 12th of William and Mary, when it was enacted, that no process of that kind was to extend to Wales for a less sum than 20l.; an act which he believed still continued to be the law of the land. If it was his object to extend the benefit of that statute to England, the House might probably be induced to think that the sum of 20l. at that period, 385 might be well called equal to 50 or 60l. at the present day; but his object was to prevent altogether the remedy of arrest for debt upon Mesne Process. By the 12th of Geo. 1st, arrests had been limited to a sum above 10l., and afterwards extended by three separate acts to a sum under 15l. These acts expired in 1823; and he was happy to hear the Solicitor-general's notice for their renewal. They had done great good; and their renewal would prevent the evils which had been accumulating to a great extent, since the expiration of the law. By the returns on the table, he saw that there were no less than eight hundred persons in confinement for sums under 20l. The prisons, indeed, had been crowded with unfortunate debtors since the expiration of the act. His object was, to assimilate the practice of this country to that of Scotland, where the law of arresting upon mesne process was unknown, and where the whole number of imprisonments for debt, during the last year, amounted only to two hundred and eighteen. He was acquainted with an eminent solicitor in Edinburgh, who assured him, that, during an extensive practice of twenty-two years, he never had the necessity imposed upon him of arresting any individual for debt. If the house, on a late occasion, had consented to give him the committee he required, he would have undertaken to prove, that the most extensive misery was produced by the laws of arrest, and to have shown most clearly the practical advantages which would result from altering it, by assimilating the practice of this country to some others, where no such evils were felt. The first object he would propose in his bill, in the place of arrest for debt, would be to give a power of attaching the property of the debtor, and keeping it in custody until the demand was satisfied: or, in other words, to extend to every part of the kingdom, that well-known process of attachment which was so beneficially exercised in the city of London. The same practice existed in Scotland. When a creditor attaches the debtor's property, the debtor receives notice to answer; and if he fails to do so within a certain period, judgment is given, and a power over the person and property follows, until a payment takes place to the full extent of the debtor's means, and he is then relieved from his confinement, and sent forth in a condition to benefit his creditor and the country, 386 much more than if he was detained in confinement according to the practice of England.—The next point embraced by his bill related to the law upon bonds, promissory notes, and bills of exchange. By the law at present, the money due upon such a security cannot be recovered but by an action at law, and four or five months may elapse even then before the judgment is given in the creditor's favour. If the action is defended, the expense is never less than 40 or 50l. If undefended, it amounts to 10 or 15l.; the whole of which will be saved by the bill. In Scotland every bond or note contains in its wording a clause, which may be called equal to a warrant of attorney; and the moment that the acceptor fails in taking it up, notice is given of an intention to enter up judgment as upon any other warrant; so that the whole expense of the intermediate process is saved, and judgment may be at once entered up. Another important point to notice was, that in Scotland no arrest, or sale of goods could take place, without regular notice. In England, the sheriff was able to put an execution in force at once, and plunge a whole family in ruin in the space of twenty-four hours; while in Scotland, no sale or process of that description could take place without fifteen days notice. The advantage of such a protection in procuring a fair price for the property of the debtor, was too obvious to require comment. Another advantage to credit enjoyed in Scotland, was the wise precaution with which bills were discounted. Credit there was not given to any person, except he at least had a good appearance of being trustworthy. So carefully was this rule observed in Scotland by those who discounted bills, that he believed there was not more than 15s. lost on every thousand pounds discounted. To shew the extent of the evil of imprisonment by mesne process, he would state, that of one thousand eight hundred and twenty-one persons confined in the gaols of the metropolis, one thousand one hundred were imprisoned by mesne process; that was, without its being ascertained that they owed any debt at all. The law in this respect differed widely in Scotland and in England; and greatly to the disadvantage of England. In London, a man might retain his property, and defy his creditor, by going into the rules of the King's-bench. If he succeeded in abo- 387 lishing mesne process, there were other parts of the law respecting debtor and creditor in which he contemplated further reformation and improvement. The hon. member concluded by moving, for leave to bring in a bill, "for the better prevention of frivolous and vexatious arrests for debt upon mesne process; and for recovery of debts accruing on deeds, bonds, bills of exchange, and promissory notes."