Hughes and Another v Griffiths
| Jurisdiction | England & Wales |
| Judgment Date | 10 June 1862 |
| Date | 10 June 1862 |
| Court | Court of Common Pleas |
English Reports Citation: 143 E.R. 129
IN THE COURT OF COMMON PLEAS AND EXCHEQUER CHAMBER
S. C. 32 L. J. C. P. 47.
hughes and another v. griffiths. June 10th, 1862. ; [S. C. 32 L. J. C. P. 47.] In the computation of time, where the last day falls on a Sunday or holiday, and the not is to be done by the cmtrt, and not by the party, ex. gr. the sealing of a writ,- it may be done on the next practicable day.-A warrant under the Absconding Debtors Act, 1857, 14 & 15 Viet. c. 52, was issued by a county-court judge, upon an affidavit that the defendant was about to go abroad. The seven days limited for the issuing of a capias expired on Good Friday :-Held, that a capias issued on the following Wednesday was in time,-that being the earliest day on which it was practicable to issue the writ. The Absconding Debtors Act, 14 & 15 Viet. c. 52, recites that, " 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 jwrpetrated upon creditors residing at a distance from London by debtors embarking for distant countries from various towns [325] and sea-ports in England : and whereas it is expedient to provide a more C. P. xxi.-5 130 HUGHES V. GRIFFITHS 13 C. B. (N. S.) 328. expeditious and efficacious mode of obtaining process for the arrest of debtors about to quit England, in all caaes where such debtors are now liable by law to be arrested." The 1st seetion then enacts 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 of Middlesex and Surrey, on application by or on behalf of any creditor, upon due proof upon affidavit, intituled in one of Her Majesty's superior courts of common law, of the 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 201. 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 courta 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,-in the form in the schedule,-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 [326] him, according to the practice observed in the superior courts of law, or until he shall have paid the debt and costs indorsed on the Slid 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 of England, 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 creditor who shall cause such warrant to issue sluill forthwith cause to be 'issued a vmt of capias, and also, in cases where no action shall be pending, shall, before the issuing of auch 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." The 5th section enacts that " it shall be lawful for any person arrested upon any ' such warrant forthwith before the issuing of the said writ of capias to pay the debt and costs which shall be indorsed on such warrant to the...
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