Absconding Debtors Arrest Act 1851
| Jurisdiction | UK Non-devolved |
| Citation | 1851 c. 52 |
(14 & 15 Vict.) C A P. LII.
[1st August 1851]
'WHEREAS the Laws now in force for the Arrest of Debtors absconding from England are insufficient and inadequate for that Purpose, by reason of the Delay which is occasioned in obtaining the necessary Process: And whereas Frauds are perpetrated upon Creditors residing at a Distance fromLondon by Debtors embarking for distant Countries from various Towns and Seaports in England : And whereas it is expedient to provide a more expeditious and efficacious Mode of obtaining Process for the Arrest of Debtors about to quit England in all Cases where such Debtors are now liable by Law to be arrested:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I Authority to Commissioners of Bankruptcy and Judges of County Courts to grant Warrants for the Arrest of absconding Debtors.
I. That from and after the passing of this Act it shall be lawful for any Commissioner of the Court of Bankruptcy acting for any District in the Country, or the Judge of any District County Court, except the County Court Judges acting in the Counties ofMiddlesex and Surrey , on Application by or on behalf of any Creditor, upon due Proof by Affidavit, intituled in One of Her Majesty's Superior Courts of Common Law, of he Creditor applying, or of some other Person, or by solemn Affirmation in Cases in which solemn Affirmation is allowed by Law, to the Satisfaction of such Commissioner or Judge, that a Debt of Twenty Pounds or upwards is owing to such Creditor, and is then payable from the Person or Persons against whom such Application shall be made, and that there is probable Cause for believing that such Debtor or Debtors, unless he or they be forthwith apprehended, is or are about to quit England with Intent to avoid or delay the said Creditor, or with Intent to remain out of the Jurisdiction of the Courts of Law in England so long that thereby the said Creditor will or may be delayed in the Recovery of the said Debt, to grant a Warrant, such Warrant being in the Form and endorsed in the Manner specified in the Schedule A. to this Act annexed, or to the like Effect, to the Messenger of the said Court of Bankruptcy, or to the High Bailiff of the said County Court, whereby the said Messenger or High Bailiff shall have Authority, at any Time within Seven Days after the Date of the said Warrant, including the Day of such Date, to arrest the Person or Persons named in such Warrant, and him or them safely keep until he or they shall have given Bail to such Messenger or High Bailiff, or made Deposit with him, according to the Practice observed in the Superior Courts of Law, or until he shall have paid the Debt and Costs endorsed on the said Warrant, or be otherwise discharged from Arrest under such Warrant by due Course of Law, and that such Warrant shall bear Date the Day of the issuing thereof, and may be executed in any Part ofEngland , and that a Copy of such Warrant or Warrants shall at the Time of the Arrest be served upon the Party arrested: Provided always, that every Creditorwho shall cause such Warrant to issue shall forthwith cause to be issued a Writ of Capias, and also, in Cases where no Action shall be pending, shall, before the issuing of such Writ of Capias, cause a Writ of Summons to be issued out of some One of the Superior Courts of Law against such Debtor or Debtors, and that upon such Capias all Mandates and Warrants shall issue according to the Practice now in use, notwithstanding that the Defendant shall have been arrested by virtue of any Warrant or Warrants granted by such Commissioner or Judge, and such Debtor or Debtors shall, if in Custody, be served with such Writ of Capias, within Seven Days from the Date of such Warrant, including the Day of such Date; and thereupon such Debtor or Debtors shall be considered and deemed to have been arrested by virtue of the said Writ of Capias, and all Proceedings shall be had upon such Writ of Capias as if the same had been issued prior to the issuing of such Warrant, and the Arrest made on such Writ of Capias, and according to the Practice now observed in the said Superior Courts of Law.
II Before whom Affidavits to be sworn.
II. The Affidavit or Affirmation required by this Act may be sworn or made before such Commissioner or Judge, or before any Person having Authority to administer Oaths in any of the Courts of Law aforesaid.
III Warrants to be auxiliary to such Writ of Capias.
III...
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