Law -- England; Poor -- England; Poor laws -- England; Working class -- England
As Sir George Jessel said, the real intention of the Debtors Act, 1869,
was to abolish imprisonment for debt for honest debtors and to retain the
right of judges to punish fraudulent debtors. Many of the sections of the
Act are framed, and to some extent assist, in the excellent aim of making
it hot for the naughty and wicked debtor who has cheated or defrauded his
creditors. Why is such a person punished? asks the Master of the Rolls. I
give the answer in his own words. "Simply because he is a dishonest man.
He need not perhaps be called a thief in so many words, but he is a man
who takes or keeps money belonging to other people, and he is punished
accordingly." Instances of such are defaulting trustees and similar
misdemeanants, and, so far as the Act provides for their punishment, we
have no quarrel with it.
Now no one would contend that the system of imprisonment for debt as
carried out in the County Courts is a system directed in the main against
dishonest men. Improvident, careless, foolish and childlike these poor
defendants in the County Court may fairly be described; but if a day of
judgment audit could be carried out, and a balance struck on the item of
"honesty" as between the working-men debtors and the class of traders who
give them credit, I make little doubt which class, as a class, would show
the better figures. No, we do not imprison in the County Court for
dishonesty _per se_; dishonesty may or may not be a feature of any
particular case, but it is not an essential.
The order for imprisonment is made under section 5 of the Debtors Act,
1869. That is the tally-man's charter. I am sorry to bore anyone with all
these sections and statutes, but there is such a lot of inaccuracy written
and talked about the matter that it is best to set down the actual
enactment. We must remember then that the Act, being an Act for the
abolition of imprisonment for debt, had begun by enacting in the fourth
section that "with the exceptions hereinafter mentioned no person shall be
arrested or imprisoned for making default in payment of a sum of money."
These last words state quite clearly the true principle of what the law
ought to be. Unfortunately for the poor the special exception made for
them has only too truly proved the rule.
The opponents of abolition were but too successful in their endeavours to
make inroads upon the thoroughness of the proposed reform, and one of the
exceptions was called "a saving power of committal for small debts." It
might have been better described perhaps "as a saving power to imprison
poor debtors." This is the famous section 5 of the Debtors Act, 1869, over
which so much controversy has since arisen, on the working of which two
important commissions have sat and reported, and under which we may
proudly claim to be one of the last civilised countries that clings to a
system of imprisonment for debt.
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