Civil Imprisonment (Scotland) Act 1882
| Jurisdiction | UK Non-devolved |
| Citation | 1882 c. 42 |
| Year | 1882 |
Civil Imprisonment (Scotland) Act, 1882
(45 & 46 Vict.) CHAPTER 42.
An Act to amend the Law relating to Civil Imprisonment in Scotland.
[18th August 1882]
B E it 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:
1 Short title.
1. This Act may be cited for all purposes as theCivil Imprisonment (Scotland) Act, 1882.
2 Commencement of Act.
2. This Act shall come into operation on the first day of October one thousand eight hundred and eighty-two, which date is hereinafter referred to as the commencement of this Act.
3 Imprisonment for alimentary debts.
3. From and after the commencement of this Act no person shall, except as herein-after provided, be apprehended or imprisoned on account of his failure to pay any sum or sums decerned for aliment.
4 Power to imprison for wilful failure to obey decree for alimentary debt.
4. Subject to the provisions herein-after contained, any sheriff or sheriff substitute may commit to prison for a period not exceeding six weeks, or until payment of the sum or sums of aliment, and expenses of process decerned for, or such instalment or instalments thereof as the sheriff or sheriff substitute may appoint, or until the creditor is otherwise satisfied, any person who wilfully fails to pay within the days of charge any sum or sums of aliment, together with the expenses of process, for which decree has been pronounced against him by any competent court; provided—
(1) (1.) That the warrant to commit to prison may be applied for by the creditor in the sum or sums decerned for without any concurrence:
(2) (2.) That the application shall be disposed of summarily, and without any written pleadings:
(3) (3.) That the failure to pay shall be presumed to have been wilful until the contrary is proved by the debtor; but that a warrant of imprisonment shall not be granted if it is proved to the satisfaction of the sheriff or sheriff substitute that the debtor has not, since the commencement of the action in which the decree was pronounced, possessed or been able to earn the means of paying the sum or sums in respect of which he has made default, or such instalment or instalments thereof as the sheriff or sheriff substitute shall consider reasonable:
(4) (4.) That a warrant of imprisonment may be granted of new, subject to the same provisions and conditions, at intervals of not less than six months, against the same person in respect of failure to pay the same sum or sums of aliment and expenses of process, if or in so far as still remaining due, or such instalment or instalments thereof as the sheriff or sheriff substitute shall consider reasonable, or any sums afterwards accruing due under the decree, or such instalment or instalments thereof as the sheriff or sheriff substitute shall consider reasonable:
(5) (5.) That the imprisonment shall not to any extent operate as a satisfaction or extinction of the debt, or interfere with the creditor's other rights and remedies for its recovery:
(6) (6.) That the creditor, upon whose application the warrant of imprisonment is granted, shall not be liable to aliment or to contribute to the aliment of the debtor while incarcerated under such warrant; but that the incarcerated debtor shall be subject to the enactments and rules as to maintenance, work, discipline, and otherwise applicable to the class of prisoners committed for contempt of court.
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