IMPRISONMENT OF FRAUDULENT DEBTORS ACT 1958

Table of Provisions

• Long Title

• 1 Short title and commencement  
• 2 Repeal  
• 2A Definitions  

PART I--ON JUDGMENT OF SUPREME COURT

• 3 Imprisonment upon writ of capias ad satisfaciendum abolished  
• 4 Debtor may be summoned  
• 5 Debtor may be examined and imprisoned  
• 6 Examination may be had on the original hearing  
• 7 Form of warrant of commitment  
• 8 Order may be ex parte  
• 9 Judgment debtor may appeal to Court of Appeal  
• 10 Prisoner to be discharged on payment of debt and costs  
• 11 Examination to be taken down in writing  
• 12 Examination to be a judicial proceeding  
• 13 Effect of this Part of this Act  

PART II--ON JUDGMENT OF COUNTY COURT

• 14 Imprisonment for debt abolished in county court  
• 15 Judgment debtor may be summoned  
• 16 Judgment debtor may be examined and imprisoned  
• 17 Examination may be had on the original hearing  
• 18 Form of warrant of commitment  
• 19 Order may be ex parte  
• 20 Prisoner to be discharged on payment of debt and costs  
• 21 Examination to be a judicial proceeding  

PART III--ON ORDER OF MAGISTRATES' COURT

• 22 Defendants in civil cases not to be imprisoned except under certain circumstances  
• 23 Warrant in default of compliance  
• 24 Ex parte order of commitment  
• 25 Debtor, how discharged  
• 26 Non-application of Magistrates' Court Act  
• 27 Examination to be a judicial proceeding  
• 28 Imprisonment for fraud no satisfaction of debt  
• 28A Appeal to County Court  

PART IV--GENERAL

• 29 Judgment need not necessarily be served before fraud summons under Parts 1, 2 and 3  
• FIRST SCHEDULE
• SECOND SCHEDULE
• THIRD SCHEDULE
• FOURTH SCHEDULE
ENDNOTES