There were 70,203 suits filed and decrees given, but in 53,594 of these
satisfaction could not be obtained, and so the decree-holders had to
come to Court for warrants for execution. That is to say that in over
five suits out of seven the losing party could not or would not pay.
(It does not follow that in the other two out of the seven he did pay.
The decree-holder in a percentage of cases no doubt did not think it
worth while to go any further.)
But in 53,594 cases he came to Court for execution. What did he get?
In half these cases he got absolutely nothing; the execution was
"wholly infructuous." In the other cases satisfaction was obtained in
full or in part.
Thus out of £1,380,000 claimed how much was obtained? The Report does
not give figures, but the reader can judge for himself it wasn't much.
And to get even this little, what was the cost to the litigants, that
is the public? No one knows. But there are a great many lawyers of
kinds in Burma, and a good deal of money goes into their hands.
I do not think it would be an over-estimate to say that for every pound
originally in dispute two pounds were spent in costs and only ten
shillings recovered, and to get this, think of the trouble, the worry,
the indignity, and the self-contempt involved. Besides, think of the
waste of time--to say nothing of truth.
In the Report from which I take these figures the Judges of the High
Court point out that the Courts are yearly becoming less and less used
by the public. They can't think how this can be; but they suppose it
is due to years of prosperity. That it should be due to anything wrong
about the Courts never occurs to them. Yet perhaps the reader will see
reason to doubt if the system of Civil Justice is perfect.
There is an Indian proverb that it is wise to go to law once, foolish
to go twice. I asked an Indian about this.
"Why is it wise to go once?" I asked.
"Because," he answered, "you learn a great deal, quite a great deal,
which you never forget. You learn, anyhow, not to go twice."
"But," I objected, "suppose on a subsequent occasion money were due to
you which you couldn't get, would you sit down under the loss?"
He looked at me and laughed. "Well," he said, "if it were a small debt
I should let it go. If I thought the man could not pay I would let it
go, big or little; but if I thought he could pay and wouldn't, I
wouldn't sue him; no, but I wouldn't put up with him either."
"What then would you do?"
"Well," he answered reflectively, "I think I should rob him."
"But that might bring you into a Criminal Court," I remonstrated.
"So it might," he replied; "but the Criminal Courts can't be worse than
the Civil; and, anyhow, it would be a change."
As to the Insolvent side of the Civil Courts, perhaps if I say that it
is no nearer the people than any other side, enough will have been
said, and later on I shall have a story to tell of some of my
experiences, but this is not the place.
Public-domain text, read in full here on John Shaqi.
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