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
The abolition of imprisonment for debt has frequently been discussed.
Many county court judges are against committals; some, of course,
remain in favour of them. Judge Henry Tindal-Atkinson, County Court
Circuit No. 58, was one of the witnesses to appear before the Select
Committee on Debtors (Imprisonment), Sessions 1908 and 1909. In his
evidence, the learned judge favoured the abolition of imprisonment,
which he considered generally oppressive, and particularly hard on
the working man, whom it placed rather at the mercy of the creditor.
“Credit he thinks pernicious,” to quote from the report of the Select
Committee, “and extravagant, from the necessarily high prices charged
by tradesmen, uncertain that they may not have to wait years for
their money. It is witness’s experience--which he illustrates by a
comparison of committal orders in different districts on his own and
other circuits--that extravagance increases in proportion to wages,
the working man in good times spending every farthing and leaving no
margin for present debts or future emergencies. Then in the case of
process, fees further increase the debt, amounting perhaps to 8s. 6d.
in a £2 claim. Witness favours abolition of imprisonment, and thinks it
would diminish plaints. He does not think committed debtors necessarily
dishonest.”
In the same report, Judge Henry Mason Bompas, of County Court Circuit
No. 11, expresses an opinion in conflict with Judge Atkinson’s.
“Witness opposes the abolition of imprisonment as likely to check
the credit required by the working classes, increasing its cost, and
leading them (the working classes) to treat their obligations too
lightly.... Witness is of opinion that imprisonment has not sufficient
terrors. To the Burnley colliers his Honour’s seven-day sentences
appeared so much in the light of a holiday above ground that he
has been obliged to increase them. He instances a case of a man in
employment doing his imprisonment by proxy, the unemployed substitute
receiving five shillings in solatium of the seven days. The efficacy
of imprisonment he deduces from the proportion of cases in which
committal orders produce payment. Witness thinks credit desirable
in certain cases, and that the question of tempting persons to it
applies to all classes of society.... With regard to proof of means,
witness says his practice is to accept arrangements between debtor
and creditor as evidence upon which to make an order, subject to his
knowledge of the creditor, as voluntary on the part of the debtor, who
has the opportunity of attending court and making his own statements.
In cases where no agreement is produced, evidence as to the man’s wages
is obtained from the employer upon a printed form, if the debtor does
not object. He alludes to the difficulty of ascertaining what a debtor
may be paying into court upon other debts (whereby, in fact, his wages
may not represent his income, in which case witness would regulate the
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