Law -- England; Poor -- England; Poor laws -- England; Working class -- England
The homestead laws in Canada, though not the same in every State, go much
further than any laws we possess to prevent the breaking up of a home. In
Manitoba, for instance, executions against lands are abolished, though
land can be bound by a judgment by registering a certificate, and the
household furniture and effects, not exceeding 500 dollars in value, and
all the necessary and ordinary clothing of the debtor and his family are
exempt from execution. The actual residence or house of a citizen to the
extent of 1,500 dollars is also exempt. Imagine what an incentive it would
be to the purchase of house property and furniture if a man were to know
that his cottage to the value of three hundred pounds, and its contents to
the extent of one hundred pounds, would always be protected from bailiff
and sheriff. What a check, too, such legislation would be on the reckless
way in which credit is given.
One exception to this rule seems to me very fair. There is no exemption of
anything the purchase price of which was the subject of the judgment
proceeded upon. Thus a man cannot buy a sideboard, refuse to pay the price
of it, and claim exemption of the sideboard from execution by the
furniture dealer who sold it, though he could claim exemption of the
sideboard against a money lender who had obtained a judgment against him,
and wanted to recover his debt by sweeping his home away. Here in England
people are driven to shifts and evasions by means of bills of sale, goods
put in the wife's name, and a number of other semi-dishonest devices to
protect their homes. The sight of a home broken up and the furniture that
has cost so many years of saving slaughtered at a third-rate auction for
little more than the costs and fees of the bailiffs is no great incentive
to a working man to spend his savings on good, home-made chattels. Cheap
foreign shoddy on the hire system is the order of to-day, and as a mere
matter of encouragement of the better class home trade in furniture,
carpets, drapery and household goods generally, we might consider the
advisability of taking a leaf out of the Statute book of Manitoba.
That debt should never be allowed to utterly destroy a family and a home
seems to me such a clear and sane idea that it has always been a puzzle to
me to try and understand the point of view of those who cannot see the
matter in the same light. I know it is a degrading confession for anyone
with even the pretence of a judicial mind to have to make but it is best
to be honest about it. I rather gather I am a little obsessed, or
abnormal, or feeble-minded, or senile perhaps nowadays about anything that
touches home or home life.
Public-domain text, read in full here on John Shaqi.
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