The Strand Magazine, Vol. 01, No. 05, May 1891: An Illustrated MonthlyVarious
General
The Strand Magazine, Vol. 01, No. 05, May 1891: An Illustrated Monthly
Various
English literature -- Periodicals; Short stories, English -- Periodicals
Side by side with the enforced idleness of many of the highly paid
County Court judges, there is in the High Court, both on the Equity and
the Common Law side, a growing accumulation of arrears. Many of these
cases involve comparatively small sums, and they might very well be
tried before a competent County Court judge. A litigant at the present
time entering an action for £51 in the High Court will be subjected
to a delay of at least twelve months; whereas if he sues for £49 in
the County Court, even in a busy district, he may reasonably expect to
have his case settled within a month. By a reorganisation of the County
Court system, properly distributing the work among the judges, cases
up to £100 might always be tried before them, and the congested state
of the High Courts would be thereby relieved, without the necessity
of appointing new judges with salaries of £5,000 a year--a remedy
frequently advocated. But that only thoroughly reliable men should be
appointed as County Court judges is a _sine quâ non_.
Besides these matters the Legislature might reasonably address itself
to the evils resulting from imprisonment for debt; or, as it is now,
out of respect for the humanitarian tendency of the age, euphoniously
termed, contempt of Court. Six thousand five hundred and fifty-four
debtors were actually imprisoned in 1889. There were no less than
213,831 judgment summonses, and 63,836 warrants of commitment issued.
It is a somewhat melancholy fact that the number of judgment summonses
in 1889 was nearly 80,000 in excess of what it had been ten years
previously. It is, however, satisfactory to observe that in the number
of imprisonments in the same period there was a decrease of 1,358.
[Illustration: FATHER OF EIGHT CHILDREN--AND NO WORK!]
Many Courts are occupied with sixty or more judgment summonses a
month. The practical result of the working of the present system of
imprisonment for debt is that persons of good position are very rarely
committed. Nearly all the imprisoned debtors are very poor persons, and
the amounts that they owe are very small, the average not exceeding
£10. It is melancholy to see delicate, half-starved women, some of them
with babies, come into Court after trudging miles in order to save
their husbands, who perhaps have got a bit of work, from imprisonment.
Many judges are most careful and painstaking in their efforts to find
out whether the debtors are, or are not, able to pay, while others
perform these duties in a very perfunctory manner. In illustration
of this it may be mentioned that in the year 1889, while one judge
heard 2,256 judgment summonses and granted 855 warrants of commitment,
another heard 1,220 judgment summonses and committed 1,043 persons to
prison.
[Illustration: A FAIR DEFENDANT.]
Public-domain text, read in full here on John Shaqi.
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