Law -- England; Poor -- England; Poor laws -- England; Working class -- England
In the same way in France there is no imprisonment for debt for the poor,
and so far from the French admiring our debt-collecting system in England
they think it so expensive and futile that French traders absolutely give
up all hope of recovering small debts in England and prefer to write them
off as bad. And, indeed, I have more than a suspicion that if one could
get an accurate financial history of the collection of a forty shillings'
debt in the County Court by means of imprisonment for debt, one would find
that, when Treasury fees, solicitor's costs, and creditor's time wasted
had been duly paid for, there was very little balance to credit in the
plaintiff's ledger. The more one sees of the system the more is one
convinced that it is only serviceable to those creditors who use it in a
wholesale manner to recover undesirable debts.
And though in theory I can find no serious argument against the abolition
of imprisonment for debt, yet there is one practical difficulty in
carrying it out which will have to be faced. The County Court registrars
in the small courts are unfortunately paid by fees on the number of
plaints issued. A moneylender or tally-man who cleans up his books once a
year and brings into Court a few hundred plaints automatically raises the
salary of the registrar. If this debt-collecting business is swept away,
compensation for the disturbance of these salaries that have been
calculated on this basis for many years must certainly be made. Probably
it is this real practical objection that stands between the debtor and
freedom.
I am not alone in thinking that the time is fast coming when the
inconvenience of having as the registrar of a Court a solicitor in private
practice paid by fees on the number of plaints will be so fully recognised
that the country will demand a sweeping alteration in the system. The
abolition of imprisonment for debt will give the Courts time to entertain
jurisdiction for divorce and other matters where the poor are entitled to
the same legal favour as the rich. When these reforms are made it will be
found necessary, I believe, that the registrar of each Court or group of
Courts should be a whole-time permanent official.
One other point remains to be mentioned. It is commonly said of those who
desire to abolish imprisonment for debt that they have a lower sense of
honesty than their opponents, that their views tend to encourage the man
who runs into debt and will not pay when he can. For my part I care not
how strict the law is made against dishonesty and debt resultant from
dishonesty, but let the imprisonment be imprisonment for dishonesty and
not for debt. If the debtor has acted criminally, let him be tried in a
criminal court and punished for dishonesty. In the old days a County Court
judge had powers to imprison for dishonesty, now he has only power to
imprison 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