Execution Act 1844

LIX Power of Imprisonment for Fraud.

Provided always, and be it enacted, That if at any Time it shall appear to the Judge who shall try such Cause, being either a Judge of One of the Superior Courts, or a Barrister or Attorney at Law, that the Defendant, in incurring the Debt or Liability which may be the Subject of Demand, has obtained Credit from the Plaintiff under false Pretences, or with a fraudulent Intent, or has wilfully contracted such Debt or Liability without having at the same Time a reasonable Assurance of being able to pay or discharge the same, or shall have made or caused to be made any Gift, Delivery, or Transfer of any Personal Property, or shall have removed or concealed the same with an Intent to defraud his Creditors or any of them, it shall be lawful for such Judge, if he shall think fit, to order that such Defendant may be taken and detained in Execution upon such Judgment in like Manner and for such Time as he might have been if this Act had not been passed, or for any Time not exceeding Six Calendar Months in any Case in which, the Time for which a Person taken in Execution under Process issuing out of any such Court could lawfully be detained in Custody, according to the Constitution of the said Court, before the passing of this Act, is less than Six Calendar Months, whether or not Execution against the Goods and Chattels of such Defendant shall have issued as herein-after provided.