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
The statute gives the judge power to commit if satisfied that the
debtor has means at the time when the order for imprisonment is sought,
or has had means since the liability to pay was incurred. The latter
provision permits the monstrous injustice that because six months ago a
man had money that he was obliged to expend on the necessaries of life,
he may be imprisoned for a debt previously contracted, and his family
thereby deprived of the means of support.
It is a moot point whether imprisonment for debt might not with
advantage be abolished altogether. The State has to keep the imprisoned
debtor, whose wife perhaps has to go to the workhouse, a double burden
thus being thrown on the public.
If there were no imprisonment for debt, people would certainly be more
careful in giving credit, and a corresponding decrease in litigation
would no doubt be the result.
The annual cost of the County Courts is about £566,000 and of this no
less than £443,000 is provided by the suitors in fees and stamps. It is
not consistent with the spirit in which justice should be administered
that it should be paid for by the litigants. This was the view
expressed by the County Court Commissioners, but no effect has been
given to their opinion. There is no reason in justice or expediency
why the County Court, the poor man's court, should be supported by
the suitors themselves while the High Court, the rich man's court, is
mainly paid for by the State.
[Illustration: DISCUSSING THE CASE.]
We have endeavoured to point out, in a temperate spirit, the chief
defects of the present County Court system. Its greatest merit lies in
the rapidity with which its business is transacted; but this is only
accomplished with a serious waste of judicial strength.
No doubt a thorough reorganisation is required. A re-grouping of the
districts over which the judges exercise their functions is needful, so
that time may be economised on busy circuits, and more work given to
those judges who have little or nothing to do. In these days of facile
railway communication many of the Courts in little villages might be
dispensed with, and central Courts established in convenient places,
where they could easily serve the surrounding country.
In some cases, at present, judges have to hold Courts at a number of
little villages within a few miles of each other, and all of them on a
good line of railway. Obviously much time would be saved if one central
Court were made to serve for all, and the inconvenience to suitors
would be so slight as to be quite insignificant.
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