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
Judge William Stevenson Owen (now deceased), Circuit 24, favoured the
total abolition of imprisonment for debt, “save, perhaps, for damages
for tort.”... Further, “He would make default in a fiduciary capacity,
or by an attorney or solicitor, or default in payment for the benefit
of creditors of any portion of a salary or income, criminal misconduct.”
His Honour Judge Edward Abbott Parry, lately of Circuit 8, but now
appointed to replace the late Judge Emden at Lambeth, stated, when
giving his evidence before the Select Committee, that the present
system was to be disapproved (1) as favouring disreputable trade,
(2) as failing to punish dishonesty, (3) as a means of blackmailing
friends and relations of the debtor, (4) as injurious to the poor, etc.
He favoured the total abolition of imprisonment for debt, at least
theoretically. He added that he believed in credit as a necessary evil.
Judge Sir William Lucius Selfe opposed the total abolition of
imprisonment for debt so far as the working classes were concerned.
He made certain exceptions, however, in which he would abolish
imprisonment, notably in cases arising out of money-lending
transactions.
Judge William Wightman Wood, of Circuit 20, another witness, favoured
the abolition of imprisonment.
Mr. S. Savill, Chief Clerk at Marlborough Street Police Court, in
his evidence, divided debts recoverable before Courts of Summary
Jurisdiction into three classes: “I. Sums recoverable similarly to
civil debts summarily recoverable under the Summary Jurisdiction
Act, 1879, _i.e._, cases in which the County Court has concurrent
jurisdiction. In this class, a judgment summons necessitating proof
of means must precede committal, and imprisonment is rare. II. Sums
due under orders of the Court in cases of affiliation and maintenance
orders and orders against persons legally liable for contributory
maintenance of a child sent by the Court to a reformatory or industrial
school. In this and in Class III. imprisonment is punitive, and purges
the debt. III. Sums not recoverable under summary jurisdiction,
comprising highway rates, poor rates, etc. Here stipendiary magistrates
and ordinary justices have concurrent jurisdiction. Committals in
this respect scarcely affect the poor classes, who live in houses and
tenements for which the owners are, by consent of the local authority,
rated up to £20, the power possessed by justices and stipendiary
magistrates to discharge from payment any persons proving inability
to pay from poverty not being used in the opinion of the witness to
the extent intended by the Statute.”... Witness also suggested that
imprisonment “as a screw” was abortive, and really only partially
deterrent in its effect; he submitted, however, that if imprisonment
for debt were abolished, strengthening of the punitive law would become
necessary.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account