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
and terror, amusing to the debtor if his _sang froid_ is equal to a
little detachment! Carrion of the debt-collecting and process-serving
species is very human in its appreciation of “tips.” Indulgence in
pleasantry, too, goes a long way sometimes in gaining some petty
privilege!)
An instrument of the law known as the “specially endorsed writ”
(for sums of £20 and upwards) is quite pestilential to the victim
of credit. If the debtor happens to be in possession of a little
money, it only adds to his expense to “enter an appearance”; it is
usually better, therefore, to let the creditor “sign judgment” in due
course. Solicitors still glory in these writs: where the debtor is
likely to meet the obligation, an interesting little bill of costs
for doing virtually nothing also stands a fair chance of being met
without taxation. The costs are generally from three guineas to four
pounds in the endorsement on the writ, and they are apt to tempt the
person writted to send in a covering cheque for debt and costs, as
marked. Service is often effected by the office boy, so that, with the
exception of the stamp on the original writ, the expense is practically
nothing. In other words, the solicitor earns his three guineas too
easily, for there is a tendency not to tax such costs, which are unfair
to a debtor who is not particularly pressed for money, who means to
pay, and whose failure to do so has been due chiefly to oversight or
neglect.
We know that a debt of £50 is a basis for making a person bankrupt.
Consequently, the debtor whose funds abruptly cease may have many
trials to face with debts which only run to a few hundred pounds.
Furthermore, suppose some trifling debt--for ten pounds or so--is
pushed into a judgment in the county court. Later on it is matured by
the machinations of a solicitor into an order of the court for the
payment of so much a month. If the debtor is unable to meet the order
he may be committed to prison for contempt of court--arising from
disobedience to pay. Thus imprisonment for debt evolves itself.
Public-domain text, read in full here on John Shaqi.
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