Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
M. Maxime de Gorostarzu, a French advocate, Counsel to the French
Consulate-General, supplied the Select Committee with certain
information on the French law. To take an extract from the report,
“Witness states that imprisonment for debt in civil matters is not
possible in France, debts for goods supplied being only recoverable
by execution, nor does witness think its want is felt.” Imprisonment
for debt was suppressed by the Revolution in 1793, re-established
within the next two years, again suppressed in 1848, but re-established
once more. In 1867 “it was finally restricted, in deference to public
opinion.”
Mr. John Arthur Barratt, a member of the English Bar and of the New
York Bar, stated before the Select Committee that, generally speaking,
imprisonment for debt on civil process was impossible in the United
States, except in cases containing an element of tort or fraud. There
are, however, States in the Union in which imprisonment for debt
exists, notably in Massachusetts.
Mr. Peter Morison, a solicitor practising in the Scottish Courts,
stated, in his evidence, that imprisonment for debt was abolished
in Scotland in 1880, except for taxes, fines or penalties, rates or
assessment, sums decreed for aliment and _praestendum_ orders (_i.e._,
orders by a judge to perform an act).
Mr. Ernest Joseph Schuster, a member of the English Bar, and a Doctor
of Laws of the University of Munich, explained that the rules as to
imprisonment for debt on civil process were uniform throughout Germany.
“Imprisonment for debt _per se_ does not exist, but, by provisions of
the German law for dealing with mischiefs which might arise, debtors
may, for the protection of their creditors, be imprisoned.”
Public-domain text, read in full here on John Shaqi.
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