County Court Judges Act 1859

JurisdictionUK Non-devolved
Citation1859 c. 57
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Secundo & Vicesimo Tertio. An Act limiting the Power of Imprisonment for Small Debts exercised by the County Court Judges.

(22 & 23 Vict.) C A P. LVII.

[13th August 1859]

'WHEREAS it is expedient to limit the Power of Imprisonment by Judges of County Courts:' 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:

S-I Power of Committal by County Court Judges under 9 & 10 Vict. c. 95. s. 98. not to be exercised unless Credit obtained by Fraud.

I Power of Committal by County Court Judges under 9 & 10 Vict. c. 95. s. 98. not to be exercised unless Credit obtained by Fraud.

I. That if a Party summoned under and by virtue of the Act of the Ninth and TenthVictoria , Chapter Ninety-five, Section Ninety-eight, shall not attend as required by such Summons, or allege a sufficient Excuse for not attending, it shall not be lawful for the Judge before whom such Party shall have been so summoned to order that such Party shall be committed to Prison, unless it shall appear to the Satisfaction of such Judge that such Party, if a Defendant, in incurring the Debt or Liability which is the Subject of the Action in which Judgment has been obtained, has obtained Credit from the Plaintiff under false Pretences, or by means of Fraud or Breach of Trust, or has wilfully contracted such Debt or Liability without having had at the same Time a reasonable Expectation of being...

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