The Solicitor Generalrose to move for leave to bring in "a Bill to prevent Arrests on Mesne Process for Debt under 20l." He said, it was unnecessary for him to occupy much of the attention of the House in explaining the purpose of his bill. They would, perhaps, recollect that, in 1811, an act had been passed to prevent arrest for a less sum than 15l.; that was, however, only a temporary measure, and had been allowed, rather by accident than design, to expire in 1824. By the previous law, an arrest could be executed for 10l. The alteration which he intended to propose, was an extension of the last act, and that the sum of 20l. should be substituted for 15l., as the amount for arrests. In former times, an arrest might be effected for any sum exceeding 40s.; but, in the reign of George 1st, the sum was fixed at 10l., and so the law stood since, with the single alteration to which he had just alluded. It was, he thought, obvious, that if 10l. were deemed a sufficient sum during the reign of George 1st, the alteration in the value of money which had since taken place would sanction, as just and necessary, his proposal of substituting 20l. But there were other reasons which called for the enlargement. Returns had been produced, showing the number of persons confined under mesne process in the gaols of England and Wales during the last year; and from these he found, that one thousand eight hundred and twenty persons were in custody, of whom five hundred were for debts under 20l. He complained strongly of the fatal tendency of the expense of 982 recovering small sums, according to the present process, which was sure to cost one half of such debts. There was another alteration which he should make in the former bill; and that was, to annul the exception in favour of debts not contained in promissory notes and bills of exchange, and thereby obviate the desire of tradesmen to get such securities from the creditor as exposed him to a summary and expensive process. He wished his new bill to have a sweeping effect, whether the debts were upon bills and notes, or by simple contract. It was also his intention to make some alterations, to reconcile the practice, in these cases, between the courts Palatine of Wales, and the superior courts of Westminster. He concluded by moving for leave to bring in his bill.
§ Lord Althorpapproved of the proposed bill, and only doubted whether the sum was carried quite far enough. He strongly condemned the present expensive practice of recovering small debts; which cost so much money as to amount to a denial of justice, and to make one almost wish, that debts under 10l. should be reckoned debts of honour.
Leave was given to bring in the bill.