Law -- England; Poor -- England; Poor laws -- England; Working class -- England
In Germany and the Netherlands divorce is equally open to poor people, who
receive State aid, and in Scotland there is a well-known system which is
known as the Poors Roll, which is said to have existed since 1424. The
Scots Parliament Act, which instituted this excellent procedure, commenced
as follows: "If there be any poor creature who for lack of skill or
expenses cannot nor may not follow his cause the King for the love of God
shall ordain the judge before whom the cause shall be determined to purvey
and get a leal and wise advocate to follow such poor creatures causes: and
if such causes be obtained [won] the wronger shall indemnify both the
party injured and the advocate's costs and travail." It is amazing to find
in Scotland of the fifteenth century laws for the poor that we are only
dimly thinking about in our vague uncertain timid way at the present day.
What actually happens to the poor man of the present day is set out in the
following case--a very common one:--
Summoned in the City of London Court for the non-payment of forty-five
pounds, his wife's costs in a divorce suit in which he was the successful
petitioner, a City messenger said that he received one hundred and
seventeen pounds a year, and while the divorce suit was pending he paid
his wife as alimony two pounds ten shillings a month. He had paid
sixty-five pounds for his wife's costs, and still owed forty-five pounds.
He had obtained an order for payment of his own costs against the
co-respondent, but as that person was only earning a few shillings a week
he did not know if he would get anything.
Judge Lumley Smith, K.C.: "Does a successful husband always have to pay
his wife's costs?"
Mr. Seyd (for the defendant): "Yes."
Judge Lumley Smith: "That is rather hard on him."
The defendant added that while the suit was pending he had to borrow fifty
pounds from his friends.
Judge Lumley Smith said a judgment debt must come in front of those of his
friends, and ordered payment of one pound a month.
This man could not have proceeded _in forma pauperis_, as by our then
system this was not open to anyone with more than thirty shillings a week
with no means above twenty-five pounds and clothing. If he had done so he
would have had neither counsel nor solicitor to plead his cause and the
only real benefit he would have obtained would be that he would not have
had to pay Court fees.
The self-respect of working men in many cases hinders them from applying
for assistance rendered nominally distasteful by the pauper taint. They
manage these things better in France, and what the poor want in England,
in fact as well as in name, is "assistance." The new rules that have come
into force this year go a little way to provide this, but it is too early
as yet to say how far they will meet the wants of the case.
Public-domain text, read in full here on John Shaqi.
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