{"id":"tas:act-1870-033","name":"Debtors Act 1870","slug":"debtors-act-1870","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"33 of 1870","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110948,"registerId":"tas-act-1870-033-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"[Part I Heading inserted by No. 36 of 1958, s. 4 and Sched. 3 ]Preliminary","content":"# Part I [Part I Heading inserted by No. 36 of 1958, s. 4 and Sched. 3 ]Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> *\\[Section 1 Amended by 25 Geo. V No. 78 \\]*This Act may be cited as the [Debtors Act 1870](/view/html/inforce/2026-04-12/act-1870-033) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> *\\[Section 2 Amended by 25 Geo. V No. 78 \\]*This Act shall come into operation on 1st January 1871.","sortOrder":2},{"sectionNumber":"Part II","sectionType":"part","heading":"Abolition of Imprisonment for Debt","content":"# Part II Abolition of Imprisonment for Debt\n\n*\\[Part II Renumbered by No. 36 of 1958, s. 4 and Sched. 3 \\]*","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Abolition of imprisonment for debt","content":"### 3 Abolition of imprisonment for debt\n\n> *\\[Section 3 Amended by 21 Geo. V No. 36, s. 2 \\]**\\[Section 3 Amended by 25 Geo. V No. 78 \\]*With the exceptions hereinafter mentioned, no person shall be arrested or imprisoned for making default in payment of a sum of money. There shall be excepted from the operation of the above enactment –\n> \n> > > (a) default in payment of a penalty or sum in the nature of a penalty, other than a penalty in respect of any contract;\n> > \n> > > (b) default in payment of any sum recovered summarily before justices;\n> > \n> > > (c) default by a trustee or person acting in a fiduciary capacity and ordered to pay by the Supreme Court any sum in his possession or under his control;\n> > \n> > > (d) [*\\[Section 3 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja26@GC1@EN) default by any Australian legal practitioner in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of the Court making the order;\n> > \n> > > (e) default in payment for the benefit of creditors of any portion of a salary or other income in respect of the payment of which any court having jurisdiction in bankruptcy is authorised to make an order;\n> > \n> > > (f) default in payment of sums in respect of the payment of which orders are in this Act authorised to be made;\n> > \n> > > (g) default in payment by a husband to or for the benefit of his wife of any sum of money payable as alimony under or by virtue of an order of the Supreme Court or a judge thereof.\n> \n> Provided, first, that no person shall be imprisoned in any case excepted from the operation of this section for a longer period than 6 months, and, secondly, that nothing in this section shall alter the effect of any judgment or order of any court for payment of money except as regards the arrest and imprisonment of the person making default in paying such money.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Saving of power to commit for small debts","content":"### 4 Saving of power to commit for small debts\n\n> *\\[Section 4 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (1)  *\\[Section 4 Subsection (1) amended by No. 55 of 1965, s. 5 \\]*Subject to the provisions hereinafter mentioned, and to the prescribed rules, any court may commit to prison for 6 weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any other competent court. Provided –\n> > \n> > > > (a) that the jurisdiction by this section given of committing a person to prison shall, in the case of any court other than the Supreme Court, be exercised only subject to the following restrictions; that is to say:\n> > > > \n> > > > > > (i) Be exercised only as respects a judgment of the Supreme Court when such judgment does not exceed $100 exclusive of costs;\n> > > > > \n> > > > > > (ii) [*\\[Section 4 Subsection (1) amended by No. 27 of 1992, Sched. 1, Applied:30 Mar 1998\\]*](/view/html/inforce/1998-03-30/act-1992-027#JS1@Ja1@GC1@Hpa@EN) .  .  .  .  .  .  .  .  \n> > > \n> > > > (b) that such jurisdiction shall only be exercised where it is proved to the satisfaction of the court that the person making default either has, or has had since the date of the order or judgment, the means to pay the sum in respect of which he has made a default, and has refused or neglected, or refuses or neglects, to pay the same.\n> \n> > (2)  Proof of the means of the person making default may be given in such manner as the court thinks just; and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath, according to the prescribed rules.\n> \n> > (3)  Any jurisdiction by this section given to the Supreme Court may be exercised by a judge sitting in chambers, or otherwise in the prescribed manner.\n> \n> > (4)  [*\\[Section 4 Subsection (4) omitted by No. 27 of 1992, Sched. 1, Applied:30 Mar 1998\\]*](/view/html/inforce/1998-03-30/act-1992-027#JS1@Ja1@GC1@Hpb@EN) .  .  .  .  .  .  .  .  \n> \n> > (5)  For the purposes of this section any court may direct any debt due from any person in pursuance of any order or judgment of that or any other competent court to be paid by instalments, and may rescind or vary such order.\n> \n> > (6)  Persons committed under this section may be committed to any gaol; and every order of committal shall, subject to the prescribed rules, be issued, obeyed, and executed in the like manner as nearly as may be as a writ of *capias ad satisfaciendum*.\n> \n> > (7)  No imprisonment under this section shall operate as a satisfaction or extinguishment of any debt or demand or cause of action, or deprive any person of any right to take out execution against the lands, goods, or chattels of the person imprisoned, in the same manner as if such imprisonment had not taken place.\n> \n> > (8)  Any person imprisoned under this section shall be discharged out of custody upon a certificate signed in the prescribed manner to the effect that he has satisfied the debt or instalment of a debt in respect of which he was imprisoned, together with the prescribed costs, if any.\n> \n> > (9)  [*\\[Section 4 Subsection (9) amended by No. 27 of 1992, Sched. 1, Applied:30 Mar 1998\\]*](/view/html/inforce/1998-03-30/act-1992-027#JS1@Ja1@GC1@Hpc@EN) Every order made by the Magistrates Court (Civil Division) may be set aside or varied by a judge, in such manner and upon such terms as he thinks fit, upon application being made to him in a summary way; and a judge may order the release of any person arrested under such order in the absence of such person.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Power to arrest defendant about to quit Tasmania","content":"### 5 Power to arrest defendant about to quit Tasmania\n\n> *\\[Section 5 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (1)  A person shall not be arrested upon mesne process in any action.\n> \n> > (2)  *\\[Section 5 Subsection (2) amended by No. 55 of 1965, s. 5 \\]*Where the plaintiff in any action in the Supreme Court in which, if brought before the commencement of this Act, the defendant would have been liable to arrest, proves at any time before final judgment by evidence on oath, to the satisfaction of a judge, that the plaintiff has good cause of action against the defendant, to the amount of $50 or upwards, and that there is probable cause for believing that the defendant is about to quit Tasmania unless he be apprehended, and that the absence of the defendant from Tasmania will materially prejudice the plaintiff in the prosecution of his action, a judge may in the prescribed manner order such defendant to be arrested and imprisoned for 6 months, unless and until he has sooner given the prescribed security, not exceeding the amount claimed in the action, that he will not go out of Tasmania without the leave of the court or a judge.\n> \n> > (3)  Where the action is for a penalty or sum in the nature of a penalty other than a penalty in respect of any contract, it shall not be necessary to prove that the absence of the defendant from Tasmania will materially prejudice the plaintiff in the prosecution of his action, and the security given (instead of being that the defendant will not go out of Tasmania) shall be to the effect that any sum recovered against the defendant in the action shall be paid, or that the defendant shall be rendered to prison.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Sequestration against property of debtor","content":"### 6 Sequestration against property of debtor\n\n> *\\[Section 6 Amended by 25 Geo. V No. 78 \\]*Sequestration against the property of a debtor may be issued by the Supreme Court in the same manner as if such debtor had been actually arrested.","sortOrder":7},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n*\\[Section 7 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Definition of term \"prescribed\"","content":"### 8 Definition of term \"prescribed\"\n\n> *\\[Section 8 Amended by 25 Geo. V No. 78 \\]*In this Part the term\n> \n> > ***prescribed*** means prescribed by General Rules to be made by the judges.","sortOrder":9},{"sectionNumber":"Part III","sectionType":"part","heading":"[Part III Heading amended by 25 Geo V No. 78 ][Part III Heading renumbered by No. 36 of 1958, s. 4 and Sched. 3 ]Fraud","content":"# Part III [Part III Heading amended by 25 Geo V No. 78 ][Part III Heading renumbered by No. 36 of 1958, s. 4 and Sched. 3 ]Fraud","sortOrder":10},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n*\\[Section 9 Repealed by 14 Geo. V No. 69, s. 3 \\]*","sortOrder":11},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n*\\[Section 10 Repealed by 14 Geo. V No. 69, s. 3 \\]*","sortOrder":12},{"sectionNumber":"11.","sectionType":"section","heading":null,"content":"### 11.\n\n*\\[Section 11 Repealed by 14 Geo. V No. 69, s. 3 \\]*","sortOrder":13},{"sectionNumber":"12.","sectionType":"section","heading":null,"content":"### 12.\n\n*\\[Section 12 Repealed by 14 Geo. V No. 69, s. 3 \\]*","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Debts incurred by fraud","content":"### 13 Debts incurred by fraud\n\n> *\\[Section 13 Amended by 25 Geo. V No. 78 \\]*Where a debtor makes any arrangement or composition with his creditors under the law relating to bankruptcy, he shall remain liable for the unpaid balance of any debt which he incurred or increased, or whereof before the date of the arrangement or composition he obtained forbearance by any fraud, provided the defrauded creditor has not assented to the arrangement or composition otherwise than by proving his debt and accepting dividends.","sortOrder":15},{"sectionNumber":"14.","sectionType":"section","heading":null,"content":"### 14.\n\n*\\[Section 14 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":16},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n*\\[Section 15 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":17},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.\n\n*\\[Section 16 Repealed by 14 Geo. V No. 69, s. 3 \\]*","sortOrder":18},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.\n\n*\\[Section 17 Repealed by 14 Geo. V No. 69, s. 3 \\]*","sortOrder":19},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n*\\[Section 18 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":20},{"sectionNumber":"19.","sectionType":"section","heading":null,"content":"### 19.\n\n*\\[Section 19 Repealed by 7 Edw. VII No. 36, s. 3 \\]*","sortOrder":21},{"sectionNumber":"20.","sectionType":"section","heading":null,"content":"### 20.\n\n*\\[Section 20 Repealed by 14 Geo. V No. 69, s. 3 \\]*","sortOrder":22},{"sectionNumber":"Part IV","sectionType":"part","heading":"Warrants of Attorney, Cognovits, and Orders for Judgment","content":"# Part IV Warrants of Attorney, Cognovits, and Orders for Judgment\n\n*\\[Part IV Renumbered by No. 36 of 1958, s. 4 and Sched. 3 \\]*","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Warrant of attorney and cognovit actionem to be signed in presence of Australian legal practitioner","content":"### 21 Warrant of attorney and cognovit actionem to be signed in presence of Australian legal practitioner\n\n> *\\[Section 21 Amended by 25 Geo. V No. 78 \\]*[*\\[Section 21 Substituted by No. 23 of 2009, s. 8, Applied:16 Jun 2009\\]*](/view/html/inforce/2009-06-16/act-2009-023#GS8@EN) A warrant of attorney to confess judgment in a personal action or a *cognovit actionem* is invalid unless –\n> \n> > > (a) the nature and effect of the warrant of attorney or *cognovit actionem* is, before the person signs it, explained to the person by the person's Australian legal practitioner; and\n> > \n> > > (b) the person's Australian legal practitioner is present when the person signs the warrant of attorney or *cognovit actionem* and attests, by signing as a witness, the signature of the person.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Warrant, &c., not formally executed invalid","content":"### 22 Warrant, &c., not formally executed invalid\n\n> A warrant of attorney to confess judgment or *cognovit actionem* not executed in manner aforesaid shall not be rendered valid by proof that the person executing the same did in fact understand the nature and effect thereof, or was fully informed of the same.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Filing of warrant and cognovit","content":"### 23 Filing of warrant and cognovit\n\n> Where in an action a warrant of attorney to confess judgment or a *cognovit actionem* is given, the same, or a true copy thereof, shall be filed within 14 days after the execution thereof with the Registrar of the Supreme Court; and unless the same or such copy thereof is so filed within the said period, the same shall be deemed fraudulent and shall be void; and if any such warrant of attorney or *cognovit actionem* so filed was given subject to any defeasance or condition, such defeasance or condition shall be written on the same paper or parchment with the warrant or cognovit before the filing thereof, otherwise the warrant or cognovit shall be void.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Filing of judge's order to enter up judgment, &c.","content":"### 24 Filing of judge's order to enter up judgment, &c.\n\n> Where a judge's order made by consent is given by a defendant in a personal action in the Supreme Court whereby the plaintiff is authorised forthwith or at any future time to sign or enter up judgment, or to issue or to take out execution, whether such order is made subject to any defeasance or condition or not, then the order shall, together with an affidavit of the time of consent being given, and a description of the residence and occupation of the defendant, be filed with the Registrar of the Supreme Court within 14 days after the making of the order, otherwise the order and any judgment signed or entered up thereon, and any execution issued or taken out on such judgment, shall be void.","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Application to judge's order of  Warrants of Attorney Act 1822","content":"### 25 Application to judge's order of  Warrants of Attorney Act 1822\n\n> The provisions of the\" Act of the third year of King George the Fourth, chapter 39\", relating to liberty to file a warrant of attorney or *cognovit actionem*, or a copy thereof, and for making certain entries and searches in relation thereto, and for entering satisfaction thereon, and for fees for search, and filing and taking office copies, shall extend and be applicable to every such judge's order.","sortOrder":28},{"sectionNumber":"26.","sectionType":"section","heading":null,"content":"### 26.\n\n*\\[Section 26 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":29},{"sectionNumber":"27.","sectionType":"section","heading":null,"content":"### 27.\n\n*\\[Section 27 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":30},{"sectionNumber":"SCHEDULE 1 - Acts to be Repeal","sectionType":"part","heading":"SCHEDULE 1 - Acts to be Repealed","content":"# SCHEDULE 1 - Acts to be Repeal SCHEDULE 1 - Acts to be Repealed\n\n[Section 27](#GS27@EN)\n\n| Reference To Act | Title of Act |\n| 3 Vict. No. 1 | An Act to make Provision for the more effectual Distribution of Insolvent Estates |\n| 5 Vict. No. 6 | An Act to subject Insolvents' Estates to the Payment of the Expenses of Executions issued against such Estates prior to Declarations of Insolvency |\n| 7 Vict. No. 11 | An Act to extend the Order of Discharge to be granted by the Commissioners under the Provisions of the Act of this Island intituled \"An Act to make Provision for the more effectual Distribution of Insolvent Estates\" to certain cases hereinafter mentioned |\n| 15 Vict. No. 2 | An Act to explain and amend the Fifty-ninth Section of an Act intituled \"An Act to make Provision for the more effectual Distribution of Insolvent Estates\" |\n| 20 Vict. No. 12 | An Act to amend an Act, intituled \"An Act to make Provision for the more effectual Distribution of Insolvent Estates\" |\n| 23 Vict. No. 2 | An Act to regulate Arrest on Mesne Process in Civil Actions |\n| 23 Vict. No. 25 | An Act to amend the Laws relating to Insolvency |\n| 27 Vict. No. 31 | An Act to amend the Laws relating to Insolvency |\n| 30 Vict. No. 2 | An Act to enable the Governor to appoint Substitutes for the Commissioners of Insolvent Estates during their Absence from Duty |\n| 30 Vict. No 6 | An Act to confer jurisdiction upon the Judges of the Supreme Court in Cases of Insolvency |\n| 31 Vict. No. 16 | An Act to abolish Imprisonment for Debt, and to provide for the Punishment of Frauds committed by Debtors |\n| 33 Vict. No. 14 | An Act to amend the Law as to Arrest on Mesne Process in Civil Actions |","sortOrder":31}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information / Currency of version","severity":"low","reasoning":"If the version is current from 16 June 2009, but the file was modified in November 2019, either the modification did not constitute a legal change (making the modification note misleading) or the currency date is wrong. The two metadata fields cannot both be fully accurate simultaneously.","confidence":0.55,"description":"The legislation states it is 'current from 16 June 2009 to date' yet the file was last modified on 4 November 2019, creating an internal inconsistency about when the version was actually last updated."},{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A 3-working-day update policy is difficult to reconcile with a 10-year gap between the stated currency date and the file modification date, unless the modification in 2019 was purely administrative rather than substantive. This is not a legal absurdity per se but reflects a metadata inconsistency that undermines the reliability representation made to users.","confidence":0.5,"description":"The site claims legislation is 'usually updated within 3 working days after a change to the legislation,' yet the version currency date (16 June 2009) and the file modification date (4 November 2019) are separated by over a decade, suggesting either no changes occurred for 10+ years or the update policy was not followed."}],"contradictions":[{"severity":"low","section_a":"Status Information — Currency of version (16 June 2009)","section_b":"Status Information — Authorisation (File last modified 4 November 2019)","confidence":0.6,"description":"The version is stated to be current from 16 June 2009, implying no substantive legislative change since that date, yet the file was modified on 4 November 2019. If the modification reflected a legal or textual change, the currency date should have been updated; if it did not, the modification date is misleading."}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1870 Act was enacted in an era when imprisonment for debt was still a live issue and the law served a critical protective function. Over time, as Australia developed comprehensive federal bankruptcy and insolvency frameworks, much of this Act's original scope has been effectively displaced or rendered redundant. Its practical application today is significantly narrower than when first enacted, with modern debt enforcement governed primarily by federal legislation."},"complexity_factors":["The Act dates from 1870, meaning it uses archaic Victorian-era legal language and drafting conventions that are harder to interpret","Has been amended multiple times over 150+ years, requiring cross-referencing with amending instruments to understand what is currently operative","Interacts with modern federal insolvency law (Corporations Act, Bankruptcy Act) which may override or limit its application, creating layering complexity","The full text of operative provisions was not available in this extract, limiting a complete complexity assessment","Historical context is necessary to understand the law's purpose — concepts like debtors' prison are no longer mainstream legal knowledge"],"plain_english_summary":"## Debtors Act 1870 (Tasmania)\n\n**What is this?**\nThis is a very old Tasmanian law — originally passed in 1870 — that deals with the rights and treatment of people who owe money (debtors) and those they owe it to (creditors).\n\n**What does it cover?**\nHistorically, laws like this one abolished or restricted the practice of imprisoning people simply because they couldn't pay their debts (known as 'debtors' prison'). They set out the circumstances under which a debtor could still be detained (for example, where fraud was involved) and established basic protections for ordinary people who fell into financial difficulty.\n\n**Who does it affect?**\n- Tasmanian residents who owe money and are struggling to repay it\n- Creditors (people or businesses owed money) trying to recover debts\n- Courts dealing with debt recovery matters in Tasmania\n\n**Why does it matter?**\nWhile much of this law's original content has been superseded by modern insolvency and debt recovery legislation, it remains technically in force in Tasmania. It reflects foundational legal protections around how debts can be enforced — particularly limits on using imprisonment as a tool against debtors.\n\n**Important note:** The full text of the Act's provisions was not included in this extract, so a complete analysis of every current operative section cannot be provided. The Act has been amended over the years, with the version current from 16 June 2009."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The text shows multiple substantive amendments and repeals that have altered the Act’s scope and mechanics since 1870. Notable changes include: narrowing when arrest or committal may be used (section 3 with explicit exceptions and a six-month cap), continued but constrained committal power with evidentiary safeguards and limits for lower courts (section 4), a judge’s power to order arrest to prevent a defendant leaving Tasmania with defined security options (section 5), and modernised protections for warrants of attorney/cognovit instruments requiring an Australian legal practitioner’s explanation and presence (section 21). Procedural obligations (14‑day filing rules in sections 23–24) and the replacement or repeal of many earlier fraud-related provisions indicate a shift from broad arrest-based enforcement toward a framework emphasising procedural formalities, judicial oversight, and property-based remedies (sections 6, 8, 21–25)."},"complexity_factors":["Multiple narrowly defined exceptions to the general abolition of arrest (section 3) requiring line-drawing in application","Judicial discretion and rulemaking delegated to \"prescribed\" General Rules (sections 4, 8), making practical operation dependent on supplementary rules","Procedural proof requirements (proof of means, oath evidence, examination of debtor and witnesses) that create evidentiary complexity (section 4(1)(b), (2))","Interaction of custodial sanctions with alternative remedies (sequestration, execution, instalment orders) creates substitution and enforcement complexity (sections 4, 6)","Strict filing and timing rules for warrants/cognovits and consent orders with 14-day consequences that require procedural compliance (sections 23–24)","Amendments and repeals noted in the text (e.g. substituted section 21) indicate the Act’s scope and mechanics have changed over time, complicating textual interpretation"],"plain_english_summary":"The Act abolishes general arrest or imprisonment for ordinary unpaid debts, but preserves narrow exceptions and short-term committal where courts are satisfied a person could have paid (with caps on imprisonment). It shifts enforcement toward property remedies (sequestration, execution) and judicially controlled procedures.\n\nIt also tightens safeguards around warrants of attorney/cognovit — they must be explained and witnessed by an Australian lawyer and filed within strict time limits — changing incentives for creditors and reducing involuntary confessions of judgment."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1870 Act was a comprehensive reform abolishing imprisonment for debt and establishing new procedures for debtor-creditor relations. However, significant portions have been repealed over time — notably the entire 'Fraud' Part III (sections 9-20) was gutted by the 1923 and 1933 amendments, leaving only one substantive section (13) on fraud in bankruptcy. The Act has also been narrowed by the transfer of bankruptcy jurisdiction to federal law. What remains is essentially a skeletal framework for specific enforcement mechanisms (small debt committal, fleeing debtor arrest, and warrant of attorney regulation) rather than the broad systematic reform originally enacted."},"complexity_factors":["Multiple nested exceptions in section 3 (7 categories of debt exempt from abolition of imprisonment)","Cross-references to external rules ('prescribed rules' to be made by judges) without inclusion in the Act itself","Conditional logic in section 4 requiring proof of 'means to pay' before imprisonment for small debts","Historical amendment tracking visible in text (repealed sections, renumbering notes) creating visual clutter","Mixture of archaic legal terminology ('capias ad satisfaciendum', 'mesne process', 'cognovit actionem') with modern amendments","Specific monetary thresholds ($50, $100) that require updating through amendment rather than automatic indexation","Procedural requirements with strict time limits (14-day filing deadlines in sections 23-24)"],"plain_english_summary":"This is Tasmania's **Debtors Act 1870**, a historic piece of legislation that fundamentally changed how people who owe money are treated by the courts.\n\n**What it does:**\n\n*   **Ends 'debtor's prison' for most people.** Before this Act, you could be thrown in jail simply for not paying a debt. This law abolished that practice for ordinary debts.\n\n*   **Creates important exceptions.** You can still be imprisoned for:\n    *   Fraudulent debts or penalties (fines)\n    *   Debts ordered by lower courts (justices of the peace)\n    *   Money held by trustees or lawyers who misappropriate client funds\n    *   Alimony (spousal maintenance) owed to a wife\n    *   Bankruptcy-related income orders\n    *   Small debts (under $100) where the court proves you have the means to pay but refuse to do so — maximum 6 weeks imprisonment\n\n*   **Allows arrest of fleeing debtors.** If someone owes $50+ and is about to leave Tasmania to avoid paying, a judge can order their arrest and imprisonment for up to 6 months unless they provide security (a bond) guaranteeing they'll stay or pay up.\n\n*   **Protects against abusive legal documents.** It strictly regulates 'warrants of attorney' and 'cognovits' — documents where you agree in advance that judgment can be entered against you if you default. These must be signed in front of a lawyer who explains what you're signing, and filed with the court within 14 days.\n\n*   **Preserves fraud liability.** If a debtor arranges a bankruptcy deal with creditors, they remain personally liable for any debts obtained through fraud.\n\n**Who it affects:**\n\n*   Anyone owing money in Tasmania\n*   Creditors trying to recover debts\n*   Lawyers and trustees handling client money\n*   Spouses seeking maintenance payments\n\n**Why it matters:**\n\nThis Act represents a major shift from punitive imprisonment to a system focused on property and assets. It recognises that jailing someone usually prevents them from earning money to pay debts, while still reserving imprisonment for cases involving fraud, deliberate evasion, or breaches of trust. The provisions about warrants of attorney protect vulnerable debtors from signing away their rights without understanding the consequences."}},"importantCases":[],"_links":{"self":"/api/acts/debtors-act-1870","history":"/api/acts/debtors-act-1870/history","analysis":"/api/acts/debtors-act-1870/analysis","conflicts":"/api/acts/debtors-act-1870/conflicts","importantCases":"/api/acts/debtors-act-1870/important-cases","documents":"/api/acts/debtors-act-1870/documents"}}