Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Thus we have in the working of imprisonment for debt everything that is
undesirable. The liberty of the subject is at stake, but there is no right
of trial by jury, such as the fraudulent bankrupt or any other
misdemeanant is entitled to; the evidence on which the debtor is convicted
and sent to gaol is any evidence that the judge thinks good enough, and
within the limit of six weeks the imprisonment is anything that each
particular judge determines. There is, of course, no appeal, and when the
prisoner comes out of gaol he still owes the debt, though he cannot be
imprisoned again for the same debt or instalment. The multiplicity of
these proceedings is appalling. There are over a million small debt
summonses issued every year and nearly four hundred thousand judgment
summonses, of which about a quarter of a million are heard. What a waste
of time and energy it all means. Judges, registrars, solicitors, bailiffs,
debt collectors, the piling up of costs and fees on to the original debt,
the dragging off to gaol of an occasional debtor _pour encourager les
autres_, the breaking up of some poor home, the blackmailing of friends
and relations very little better off than the poor debtor himself, the
squeezing of the pittance out of the bellies of the little children to
keep the father out of prison--what a picture to leave on the canvas of
our own generation for our grandchildren to scoff at.
And the business result of it! Even when the debt is paid--if it is
paid--after years of waiting and hours spent coming down to the Courts
seeing if the money is yet paid in--or 20 per cent. paid to a debt
collector to do it for you--when all is finished, would it not have been
far better if you had recognised that you had made a bad debt and stood
yourself a few shillings worth of righteousness in forgiving your debtor
his indebtedness? Certain it is that the system is useless to, and very
little used by, the respectable individual creditor. Indeed, if he tries
to use it, he stumbles into so many pitfalls and finds the procedure of it
so troublesome and uncanny that he very often fails to stay the course,
and, after a few wasted days, goes his way and leaves the debtor to go
his. The best customers of the County Court, indeed the only people to
whom the system of imprisonment for debt is of any real service, are those
traders who carry on a business which can only be carried on and made to
pay by reason of the sanction of the shadow of the gaol which is of the
essence of the contract.
Public-domain text, read in full here on John Shaqi.
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