House of Commons
Wednesday, May 23, 1827
Small Debts' Bill—Arrests upon Mesne Process
rose to move for leave to bring in "a Bill to prevent Arrests on Mesne Process for Debt under 20l." He said, it was unnecessary for him to occupy much of the attention of the House in explaining the purpose of his bill. They would, perhaps, recollect that, in 1811, an act had been passed to prevent arrest for a less sum than 15l.; that was, however, only a temporary measure, and had been allowed, rather by accident than design, to expire in 1824. By the previous law, an arrest could be executed for 10l. The alteration which he intended to propose, was an extension of the last act, and that the sum of 20l. should be substituted for 15l., as the amount for arrests. In former times, an arrest might be effected for any sum exceeding 40s.; but, in the reign of George 1st, the sum was fixed at 10l., and so the law stood since, with the single alteration to which he had just alluded. It was, he thought, obvious, that if 10l. were deemed a sufficient sum during the reign of George 1st, the alteration in the value of money which had since taken place would sanction, as just and necessary, his proposal of substituting 20l. But there were other reasons which called for the enlargement. Returns had been produced, showing the number of persons confined under mesne process in the gaols of England and Wales during the last year; and from these he found, that one thousand eight hundred and twenty persons were in custody, of whom five hundred were for debts under 20l. He complained strongly of the fatal tendency of the expense of recovering small sums, according to the present process, which was sure to cost one half of such debts. There was another alteration which he should make in the former bill; and that was, to annul the exception in favour of debts not contained in promissory notes and bills of exchange, and thereby obviate the desire of tradesmen to get such securities from the creditor as exposed him to a summary and expensive process. He wished his new bill to have a sweeping effect, whether the debts were upon bills and notes, or by simple contract. It was also his intention to make some alterations, to reconcile the practice, in these cases, between the courts Palatine of Wales, and the superior courts of Westminster. He concluded by moving for leave to bring in his bill.
approved of the proposed bill, and only doubted whether the sum was carried quite far enough. He strongly condemned the present expensive practice of recovering small debts; which cost so much money as to amount to a denial of justice, and to make one almost wish, that debts under 10l. should be reckoned debts of honour.
Leave was given to bring in the bill.
Roman Catholics' Land-tax
, in rising to propose the introduction of a measure, having for its object the exemption of the Roman Catholics from a double assessment of the Landtax, hoped that he should meet with the support of the House. It could not be unknown to those whom he addressed, that many Roman Catholics were doubly charged with land-tax; and, by virtue of the same law by which they were originally so assessed, Protestants who had succeeded to their estates were obliged to pay the same tax as the Catholics from whom they inherited. The act by which Roman Catholics were doubly charged with land-tax was passed in the 4th of William 3rd, and continued in force by the enactment of annual bills, until the 33rd of the late king. The bill of William, which was passed at a time when this country was it war with some of the European powers, enacted, that Roman Catholics should, in future, pay a double land-tax; that was to say, that Catholics should pay 8s. where persons of other persuasions paid only 4s. These annual acts of parliament were continued until 1794, when the 33rd of the late king professed to relieve the Catholics from the effects of the former law, by affording them an opportunity of ridding themselves of the double tax already referred to, by the production of certain certificates. From 1794 to 1798, the opportunity thus offered to the Catholics was open to them: but, in the last mentioned year, a clause was added to the bill, declaring that, after the September following, Catholics, who had not taken advantage of the law up to that time, would, in future, be excluded from its benefits. Through negligence, and other causes, several Roman Catholics failed to take advantage of the above law within the given time. The consequence of which was, that they were now subjected to the hardship of paying double land-tax. An action, arising out of the state of the existing law, had lately been tried; but the judge declared, that the law afforded no benefit to the plaintiff, and that the legislature only could grant him relief. The object of the present bill was, to give the Roman Catholics that relief. It might seem strange that he, who uniformly opposed the Catholic claims, should bring in any measure tending to relieve that class of individuals. As long, however, as he had a seat in that House, he should, without any reference to party feelings, adopt that course which he conceived was due to justice. He had been applied to on this subject by several Roman Catholic peers, and other distinguished persons, to bring in some measure of relief; and he conceived that the present bill would fully accomplish that object.
rose merely to say, that he should offer no objection to the measure proposed by the hon. gentleman; but he would not pledge himself to give it his future support.
was happy to find, that the hon. gentleman had taken up this subject; because it would relieve the Treasury of proposing a similar bill.
Leave was given to bring in the bill.
Registration of Freeholds
moved for leave to bring in a bill for the Registration of Freeholds in England and Wales. In introducing the bill, the noble lord observed, that it was not his intention that it should be discussed this session.
said, that from what had yet proceeded from it, he had a considerable jealousy of the noble lord's committee, and thought they were in the way of introducing more mal-practices than they would remedy. The registration of freeholders had been pretty well tried in Ireland; and a more obvious source of fraudulent voting, he could not well conceive.
Leave was given to bring in the bill.