Law -- England; Poor -- England; Poor laws -- England; Working class -- England
I fear the earth will do a lot of rolling on before we abolish
imprisonment for debt, but very likely I am exhibiting a somewhat senile
haste in the matter which is unbecoming. To me it appears strange that,
whilst in every other science the professors of it are making earnest
efforts to place the result of their studies to the credit of mankind, the
law seems more incapable than theology of assimilating new ideas and
getting into step with the march of time. I have no hesitation in saying
that the County Court, as a debt-collecting machine, is a one-horse wooden
antiquity only fit for the scrap heap. If you went down to Euston and
found them coupling up Puffing Billy to the Scotch Express and the engine
driver dissolved in tears, you would understand the kind of hopeless
feeling that oppresses me every morning when I sit down to try a hundred
judgment summonses.
For how can they be said to be tried in the sense in which an Englishman
is supposed to be tried before he is deprived of his liberty. There is
very little evidence, often the defendant makes no appearance and does not
even send his wife to tell the tale for him. He cannot afford to leave his
work and she ought not to be asked to leave her babies. The word,
therefore, of the plaintiff, or, more probably, the debt collector--and
many of these men, making it their business and dealing daily with the
Court, are far more accurate and careful than the plaintiffs
themselves--this is all you have to go by. The law, as I told you, left it
entirely to the taste and fancy of the judges what evidence they should
receive, and though nowadays all judges honestly endeavour, I think, not
to carry out the law to the full extent of its cruelty, yet naturally
different men hold different views of the rights and liabilities of the
poor, and so there is no sort of equality in the treatment they receive in
different districts.
Public-domain text, read in full here on John Shaqi.
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