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
order accordingly), unless he appears.... Witness opposes a suggestion
that imprisonment be held to purge a debtor of the amount for which he
was imprisoned.”
Judge Edward Bray favours, in his evidence, the abolition of
imprisonment. He opposes “the present system as prejudicial to the
interests of the working classes on account of the enormous and
expensive and indiscriminate credit which they can obtain.”
Sir Kenelm Digby, G.C.B., at one time a County Court Judge on Circuit
No. 19, favours the limitation of the power of imprisonment, but he
considers its abolition impracticable as abolishing credit.
Judge Cyril Dodd, Circuit No. 16, stated in his evidence that he
desired the abolition of imprisonment for debt; he also recommended the
widening of the present definition of crime.
Judge John Gent, County Court Circuit No. 12, favoured, under certain
conditions, the abolition of imprisonment for debt. “He would retain
imprisonment for debt,” so the report goes, “in fiduciary cases and for
default by a solicitor in payment of money when he has been ordered to
pay the same, also for default in bankruptcy, taking other cases of
fraudulent debt into the criminal courts. He reprobates the payment
by results of registrars as putting an obstacle in the way of judges
who conscientiously try to restrict the issue of committal orders,
by placing them in an invidious position of responsibility for the
reduction of the salaries of the registrar and his staff. He instanced
his own feelings on finding that he had been the means of reducing the
salary of the registrar at Huddersfield £200 or £300.... He thinks
registrars favour the present system.... Witness disapproves of credit
as vicious, and unnecessary, even in bad times, when the poor, he
thinks, would be wiser to accept charitable assistance. He believes
credit to be mainly given on the power of imprisonment in reserve....
Witness thinks the requirements as to proof of means difficult to work
and unsatisfactory, the Court of Appeal having decided that ‘means to
pay’ are means to pay after the discharge by a debtor of his obligation
of family maintenance.”
Judge Henry Best Hans Hamilton, of Circuit 4, opposed, before the
Select Committee, the abolition of imprisonment, “as likely to swell
the numbers of improvident working men, and, by increasing the
difficulties of obtaining the credit necessary in bad times, throw
both the honourable and the improvident on the workhouse or parish at
such seasons. He considers execution against goods (generally claimed
by relatives or obtained on the hire system) useless against the
improvident or dishonest.”
Judge Arthur O’Connor, K.C., of County Court Circuit No. 2, “approves
the power of imprisonment as a necessary instrument in securing payment
of judgment debts which would otherwise remain unpaid.”
Public-domain text, read in full here on John Shaqi.
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