Law -- England; Poor -- England; Poor laws -- England; Working class -- England
"What he now desired to call attention to was the clause which followed
and which dealt with the case of debtors who owed less than fifty pounds.
That was the class of debtors who filled our County Courts with plaints
and added very considerably to the number of the occupants of our gaols.
It had always been felt to be a great hardship that while a large debtor
could with ease relieve himself of all his liabilities he or his trustees
might be prosecuting a poor man for thirty or forty shillings, and the
latter might be sent to prison without having any means provided for him
to make a composition with his creditors, and when, after satisfying the
debt, he came out of gaol he was still liable in full to all his other
creditors."
* * * * *
"But the more important provision which he had made for dealing with this
subject was that under which a County Court judge might in future make an
order for the payment by a debtor who owed less than fifty pounds by
instalments or otherwise of all or any part of his debts. A debtor who was
brought up on a judgment summons or a County Court plaint might state that
he was indebted to other persons, might give in a schedule of his debts
and propose an arrangement for discharging them, and, if the Court thought
it reasonable, it might at once confirm it, so that a small debtor would
thus be in exactly the same position as a large debtor who had succeeded
in making a composition with his creditors or in arranging for a scheme of
liquidation. Although he had not abolished in all cases imprisonment for
debt, yet, if these provisions became law, it could no longer be said that
any inequality existed as between rich and poor. The resort to
imprisonment to secure payment would be much easier, and a large
discretion would be vested on the judges to arrange for the relief to the
small debtor by a reasonable composition."
I have set this out at length because it is enormously encouraging to know
that thirty years ago Mr. Chamberlain's ideal was to destroy the County
Court imprisonment for debt and to give the working man who fell into debt
a bankruptcy system similar to that of the rich.
Why did it fail?
Well, it has not been wholly a failure, but it certainly has not fulfilled
all its author's generous hopes. In the first place the fifty-pound limit
is too small, another reason of its non-success is that it is a voluntary
system of some complication in competition with the simple, brutal method
of the judgment summons and imprisonment for debt, but probably its
unpopularity is chiefly due to the fact that the Treasury has always
deliberately crabbed it by imposing harsh and unreasonable fees.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account