Lords Sitting of 2 May 1808

DEBTORS BILL.
Lord Ellenboroughpresented a bill, the object of which he stated to be the relief of persons imprisoned for small debts in certain cases, namely, where the party had been imprisoned in execution for twelve calendar months, and where the debt, exclusive of costs, did not exceed 20 l. In such cases upon application to any of the superior courts at Westminster, the party might be discharged, but with a provision that his goods and effects should be liable to execution in the same manner as if the plaintiff had not taken in execution the body of the defendant. It might, perhaps, be asked why this power of discharge was not given, as in other cases, to the judges at their chambers? But there had been found in various instances so many openings for fraud with respect to applications to judges at chambers, that it was thought better to confine the application to the court. He had not brought in the bill without consulting with others of great legal knowledge, who entirely approved of its provisions. If it was asked, why not extend the provisions to larger sums? He answered, that this was an expedient which, if it was Found to be beneficial, might afterwards be extended; but he could not consent, in the first instance, to run the risk of affecting public credit by
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extending provisions of this nature too far. He hoped that as it stood, it would, if carried into effect, afford some relief to persons imprisoned for small debts, without having any injurious effect upon commercial credit. The bill did not extend to Scotland or Ireland, as he did not wish to complicate the measure; but the provisions might be afterwards extended.—The bill was read a first time.