Lords Sitting of 9 February 1809

INSOLVENT DEPTORS.
The Earl of Moiracalled the attention of the house to the evils resulting from the present

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mode of process in actions for debt, and briefly repealed the substance of the observations which he had so frequently submitted to their lordships on this subject. He did not wish to put an end to arrests in mesne process, but he thought the old practice should be revived, of making the plaintiff give a real pledge to prosecute his suit to a final judgment, with the least possible delay. This would prevent the grievance of persons lying in custody. sometimes more than a year, before the actual ground of debt was ascertained. It was also his wish to make a distinction between the case of the fraudulent and the unfortunate debtor. The assertions which he had made of the benefits that would flow from a recurrence to the ancient law and practice, had been controverted by high authorities. He, therefore, conceived that the best way of arriving at such a conclusion as should guide the opinion of their lordships upon those opposite statements, would be to refer the matter to an open Committee. His lordship accordingly moved, that a Committee be appointed to examine into the present practice of Imprisonment for Civil Debt, and the consequences thereof.—The motion was then agreed to.