Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.Swazey, John B.
Philosophy
Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.
Swazey, John B.
England -- Social life and customs
Now it does not matter at all that there is no sort of ground for
this attack; the moment it is made, the title of the poor unoffending
man to his own house is ruined--almost as completely as if by the
sentence of the Court he had been deprived of it. The robber who
attacks wishes merely to force the owner of the house to buy him off.
To secure this spoil _he records his summons in the Court_, and from
that moment no one will buy the house, nor will any one lend any money
upon the security of it until that record be removed. If the victim of
this oppression be in debt, or have but little money, or but little
more than his house, or if he have borrowed money upon his house--in
fact, unless he be a man quite rich, he is inevitably ruined! He is
ruined, because the lawyer has, _by the Record_, practically deprived
him of his estate. And this is done by a Petition to the Court, making
allegations artfully and untrue. Yet, as they are not supported by
any sort of evidence, and are merely bare _insinuations_ often of
anybody--it does not the least matter--is it not inconceivable that
such a thing should be allowed? That merely upon the _Record_ of
a Petition, without any evidence, without any character, without
any surety for its truth, without any, the least, inquiry, or any,
the smallest deposit in Court to cover the expenses to which the
summoned party may be put, should it appear he has been wrongfully
summoned--this great injustice may be perpetrated, and perpetrated
without risk of any punishment! "But surely the Court will immediately
dismiss this iniquitous case?" Not at all; the Court cannot be reached;
all the endless proceedings and delays already mentioned intervene. The
fees and expenses are enormous--the decision far off. The victim cannot
get a hearing. He borrows money and employs lawyers--in vain. He can do
no more--he is bankrupt. The lawyer who has ruined him gets nothing
in such a case, because the victim prefers poverty to gratifying the
robber. He gets nothing, because he has no real case, and drops it as
soon as he sees he can make nothing out of it. Should the party be
very rich upon whom the robbery is attempted, he may fight it out and
finally clear his property, and get a _decree_ for some costs (only
a portion) against the other party. But this _decree_ is worthless;
the party has no property and cannot pay. _He_ has fought _for luck_,
having nothing to lose, but all to gain.
Usually, however, as the Lawyer well knows, the party attacked will
hurry to buy off the suit!
In this way, old Causes are Mines, which the Lawyer-Caste work to their
own peculiar advantage. They have every facility, both from their
experience and from the usages of the Caste. The very Judges of the
Courts are of the same Caste, and give every assistance in matters of
forms, continuances, motions, dilatory proceedings, and the countless
processes by which Lawyers make fees and their clients are robbed.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account