At the corner of Byrom Street and Quay Street is the Manchester County Court. It is an old brick building with some new brick additions. Some architect, we may suppose, designed it, therefore let it pass for a house. It was built, as far as I can make out, in the early part of last century, when the brick box with holes in it was the standard form of the better class domestic dwelling house. Still it is an historic building. In 1836 it was No. 21 Quay Street, the residence of Richard Cobden, calico printer, whose next door neighbour was a Miss Eleanora Byrom. Cobden sold it to Mr. Faulkner for the purposes of the Owens College, so it was the first home of the present Victoria University. It is now a County Court. Facilis descensus. It still contains several very fine mahogany doors that give it the air of a house that has seen better days.
You will see groups of women making their way down to the Court, many with a baby in one arm and a door key slung on the finger. The wife is the solicitor and the advocate of the working class household, and very cleverly she does her work as a rule. The group of substantial-looking men chatting in the street are debt-collecting agents and travelling drapers discussing the state of trade. These are the Plaintiffs and their representatives, the women are the Defendants. Here and there you will see a well-dressed lady, probably summoned to the Court by a servant or a dressmaker. There will always be a few miscellaneous cases, but the trivial round and common task of the day is collecting the debts of small tradesmen from the working class.
I have no doubt that a County Court Judge gets an exaggerated view of the evils of the indiscriminate credit given to the poor. They seem to paddle all their lives ankle-deep in debt, and never get a chance of walking the clean parapet of solvency. But that is because one sees only the seamy side of the debt-collecting world, and knows nothing of the folk who pay without process. At the same time, that indiscriminate credit-giving as practised in Manchester is an evil, no one, I think, can doubt, and it seems strange that social reformers pay so little attention to the matter.
The whole thing turns, of course, upon imprisonment for debt. Without imprisonment for debt there would be little credit given, except to persons of good character, and good character would be an asset. As it is, however, our first business in the morning will be to hear a hundred judgment summonses in which creditors are seeking to imprison their debtors. There are some ten thousand judgment summonses in Manchester and Salford in a year, but they have to be personally served, and not nearly that number come for trial. We start with a hundred this morning, of which say sixty are served. It is well to sit punctually, and we will start on the stroke of ten.
A debt collector enters the Plaintiff’s box, and, refreshing his memory from a note book, tells you what the Defendant’s position is, where he works, and what he earns. The minute book before you tells you the amount of his debt, that he has been ordered to pay 2s. a month, and has not paid anything for six months. His wife now enters into all the troubles of her household, and makes the worst of them. One tries to sift the true from the false, the result being that one is generally convinced that the Defendant has had means to pay the 2s. a month, or whatever the amount may be, since the date when the order was made. The law demands that the debtor should be imprisoned for not having paid, but no one wants him to go to prison, so an order is made of seven or fourteen days, and it is suspended, and is not to issue if he pays the arrears and fees, say in three monthly instalments. The wife is satisfied that the evil day is put off and goes away home, and the creditor generally gets his money. He may have to issue a warrant, but the Defendant generally manages to pay by hook or by crook, rather than go to Knutsford Gaol, where the debtors are imprisoned, and as a matter of fact only a few actually go to gaol. Of course, the money is often borrowed or paid by friends, which is another evil of the system. The matter is more difficult when, as often happens, the Defendants do not appear. It is extraordinary how few people can read and understand a comparatively simple legal notice or summons. Mistakes are constantly made. A collier once brought me an official schedule of his creditors, in which in the column for “description,” where he should have entered “grocer,” “butcher,” etc., he had filled in the best literary description he could achieve of his different creditors, and one figured as “little lame man with sandy whiskers.” There are of course many illiterates, and they have to call in the assistance of a “scholard.” An amusing old gentleman came before me once, who was very much perturbed to know if, to use his own phrase, he was “entaitled to pay this ’ere debt.” The incident occurred at a time when the citizens of Manchester were being polled to vote on a “culvert scheme” of drainage, which excited much popular interest.
“I don’t deny owing the debt,” he said, “and I’ll pay reet enow, what your Honour thinks reet, if I’m entaitled to pay.”
I suggested that if he owed the money he was clearly “entitled” to pay.
“Well,” he continued, “I thowt as I should ’ave a summons first.”
“But you must have had a summons,” I said, “or how did you get here?”