HC Deb 07 July 1914 vol 64 cc865-6
10. Mr. TOUCHE

asked whether a judgment debtor can be arrested in execution of a decree at any hour and on any day and detained in custody in the civil prison until brought, as soon as practicable, before the Court; whether it is only after his arrest and consequent detention in prison that the Court can inform him that he can get his discharge from prison by applying to be declared insolvent, and that even then the judgment debtor, after declaring his intention to so apply, must furnish security to the satisfaction of the Court that he will appear when called upon in any proceeding upon the decree in execution of which he was arrested; whether it is purely in the option of the Court to substitute a notice to appear and show cause against arrest instead of issuing a warrant for arrest; and whether there are any means by which a judgment creditor can enforce his claim by process of bankruptcy when there are no effects to distrain on except by the process of arresting or applying for the arrest of his debtor?


The reply to the first portion of the question is in the affirmative, to the second and third in the negative. As regards the last portion, the application of a judgment creditor takes the form of an application for arrest, but neither the law nor the practice followed can properly be described as odious or unreasonable.