Law -- England; Poor -- England; Poor laws -- England; Working class -- England
But the real reason why the County Court should be chosen for this work in
the interests of the poor is to my mind the real reason why the County
Court is popular with business men and the High Court is not. In a
properly managed County Court a case is set down for a certain day and,
except on rare occasions, it is tried on that day. As Mr. Dendy, the
learned registrar, pointed out to the Commission, "There's no doubt it is
of very great advantage to a poor man to know the day on which his case is
likely to be tried." It is indeed essential. The man himself and his
witnesses do not belong to a class who can spend leisured hours flitting
about Gothic corridors or waiting to be fetched from public-houses day by
day until their case is reached. Certainty of trial and reasonable speed
in reaching and disposing of the case are worth much more to business
people than abstruse technical knowledge or long experience of the habits
and manners of those who commit adultery. No one has more reverence than I
have for the views of Lord Alverstone, who thinks divorce jurisdiction
should not be given to County Courts, yet one must not forget that not
only is the opposite view supported by a large number of men and women who
know the wants of the poor very intimately, but experts, like Sir John
Macdonell and Sir George Lewis, both recognise that if you are going to
give a whole-hearted measure of reform with the intention of really
putting divorce at the disposal of the poor there is no other Court to
which these cases can honestly be sent.
Not only must this be done, but if we are to bring ourselves abreast of
what already exists in foreign countries we must do a great deal towards
cheapening the procedure even of the County Court for those who are poor.
The French have a very complete system of divorce for poor people, known
as "_Assistance Judicaire_." The effect is that the persons to whom
assistance is granted do not have to pay anything whilst they remain poor.
The State advances the necessary money. The _avocat_ and
_avoue_--barrister and solicitor--work for nothing. In case the assisted
person comes into better circumstances he may be obliged to repay the
State. If the poor litigant succeeds in his proceedings, the unsuccessful
party pays the costs. In 1907 there were 20,464 persons who applied for
assistance, 11,726 of which were in relation to matrimonial proceedings,
and relief was granted to 9,205 poor people, of whom 5,136 were seeking
different forms of matrimonial relief.
Public-domain text, read in full here on John Shaqi.
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