The Short Title of this Act is the Imprisonment for Debt Limitation Act 1908.
(2)
This Act is a consolidation of the enactments mentioned in the Schedule hereto.
(3)
All matters and proceedings commenced under any of the said enactments, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
2-
[Repealed]
Prescribed was amended by section 3 District Courts Abolition Act 1925, by omitting the words “As respects the District Courts, prescribed by general rules made under the District Courts Act 1908”.
Section 2 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108)
With the exceptions hereinafter mentioned, no person shall be arrested or imprisoned for making default in payment of a sum of money.
(2)
There shall be excepted from the operation of the above enactment—
(a)
Default in payment of a penalty or sum in the nature of a penalty other than a penalty in respect of any contract:
(b)
Default in payment of any sum recoverable summarily before a District Court Judge or a Justice or Justices under the Summary Proceedings Act 1957, or otherwise than under the District Courts Act 1947:
(c)
Default by a trustee or person acting in a fiduciary capacity, and ordered to pay by a Court having jurisdiction in the matter any sum in his possession or control:
(d)
Default by a solicitor in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of the Court making the order:
(e)
Default in payment for the benefit of creditors of any portion of a salary or other income in respect of the payment of which any Court having jurisdiction in bankruptcy is authorised to make an order:
Provided, first, that in any case excepted as aforesaid no person shall be imprisoned for a longer period than one year; and, secondly, that nothing in this section shall alter the effect of any judgment or order of any Court for payment of money, except as regards the arrest and imprisonment of the person making default in paying such money.
Compare: 1874 No 14 s 3
The words “District Court Judge” were substituted for the word “Magistrate”, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
The words “the District Courts Act 1947” were substituted for the word “Magistrates' Courts Act 1908”, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
4-
[Repealed]
Subsection (3) was repealed by section 3 District Courts Abolition Act 1925.
Section 4 was amended by section 3 District Courts Abolition Act 1925, by omitting the words “by a District Court Judge or his Deputy, or”.
Section 4 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
5-
[Repealed]
Section 5 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
6-
[Repealed]
Section 6 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
7-
[Repealed]
Section 7 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
8-
[Repealed]
Section 8 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
8A
100%
Section 8A was inserted, as from 23 November 1967, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1967 (1967 No 81).
Subsection (3) was amended, as from 20 October 1972, by section 2 Imprisonment for Debt Limitation Amendment Act 1972 (1972 No 69), by substituting the words “a judgment debtor is arrested” for the words “after a judgment debtor is arrested he is adjudged bankrupt”.
Section 8A was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
9-
[Repealed]
Section 9 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
10-
[Repealed]
Section 10 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
11-
[Repealed]
Section 11 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
12-
[Repealed]
Section 12 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
13-
[Repealed]
Section 13 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
14-
[Repealed]
Section 14 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
15-
[Repealed]
Section 15 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
16-
[Repealed]
Section 16 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
17-
[Repealed]
Section 17 was repealed, as from 1 January 1990, by section 2(1) Imprisonment for Debt Limitation Amendment Act 1989 (1989 No 108).
