CHEAP DIVORCE FOR THE POOR

Dominion, Volume 7, Issue 2126, 18 April 1914, Page 8

CHEAP DIVORCE FOR THE POOR

NEW METHODS PROPOSED IN ENGLAND

PANEL OF LAWYERS TO AID LITIGANTS '~.■'

Clmnpar law fer iho poor, io.chiduig cheaper slivorcc, will b» tho result of a number of now rules wliicli iiavo been drafted by a committee composod. of the ijord 'ChaiweJlor and several judges and members of- tho Bar. Tbo.Kivoree CoinmisEioH pointed out, that tl\o Court bmi'povrcr to'mako.'siich.rulce rivl roguiations.as it might deem..nccessiir.y ami expedient for enabling poisons to iso iu forma pauperis, and. the cGmnjitJ-en Iws drawn up s, scfaopio w.bich applies .not only to Matrimonial casos, but civil law cases us well. . . .

At present ties law docs..iiflt perinSt Uio granting of-a diyOfco-. by default of tho' rosgoiidciit. 'J'iic*patHioucr- must pro*e §S case 'up to .the .hilt, and that, ■of coni'so, mwans a priafc deal of 05p.ensrt, v'liich is ofteaW-j ! o4id tjio pocket of tho lioor. . - - : H is [)OE3ib!n,tinder .the present ruids for a jioor litigant; to prenefid an fortna paiipciria, receiving -counsel's assistance, frco.cf charge, but. befero such facilities ;sro -granted ho" .wast-'Ataia legal opinioii as t-o whether hohaii a prima t'.icio case, and- bo is still faced with t-bo cost of witnesses and their o-qt-af-pocket chiiFges.. . .■..'.■ Uijder tho'new rules' •• (states the "Daily News") the poor jjetitiouet for divorce will bo aWo to present his case much moro easily. He will first have to fill up. a form stating.liis case briefly, and affirming ilialho is a poor mail. He will lie required to give references to two porsoiis frofti wtiera iliquirles Can hi> mritlo as- to hia nospcctaklHj' and otlienvise. .. ... .-. ■

.•The .form. will, then ho lodged witli an officer at tho Courts,, who will refer it.io'otto or more .solicitors'of counsel, iri mako a.preliminary, investigation into tho uiOi-it.s of the case... A. piinel of legnl men willing to vehwtcor for this work will be drav.'ii up, eo that-.th-e petitioner will ho relie?ed of. tho necessity of finding a legal gontlemaa ready to give tlio necessary "opinion 5, gratis, Wft Court feos. The nest stage will bo that the co-Un-scl or solicitor'will r«poft to am officer who is to be appointed for tho J>nrposo. If it is fomid that 3 prima ja*i«S caso osista, then an order f.-ill bo giving the jjetitioiier leave to siio as "a poor Bish." No Cburt fees will be charged, and a sojieitor an.d counsol wilf be assigiierl to him free of all charge. Further, it is jiroposad. to raise a fund to pay tho jjstitionor's other necessary out-ot-pocket ospenscß, iuciuding the cost of witnesses.

In addition it is_ to smooth tho way of tho petitioner fay raising the ftandard of moans boyto-d which a suit in kjrnia. paupferis is not allotted, ■ Tho original rtte tvas that the pergonal means of the poor litigant inust not exceed £25. But th-c mvr rtdes raise this figure' to _£SO, and it taa-y he as much as £100.in special cases. So far, the new proeeduifk has been deseribed in relation to iivofco-pro-ceedings. But it mw>£' be'remembered that it is intended that the isett ru.los shall apply t<j all civil cases in which it is desired k> siKj. 111 fonna jjauperis. . It is. obviotis . .that, the .-success of Otherwise of the new eohenue ihnst' depend . on the willtbgnoss of the' grofes-f-ion;t»-foMji" tho suggested paiel,"and tlie success'obtsii-ned in raising the proposed fundi A saai-ef iiIOjOOO is &l "as hßftvftifieg beiing' inadb for the-fact'tliat- whcik' the_ litfea'iit n-c'e-.'era-hjs-eosts-he'will- reimiSiirSe tho outlay incurred oe his behalf.

Oi»«tuKf important ,<sha»ge has to be noted iiu dor tte naw. rules. Under the eld: system , ilte ijoot'/'litig-aiiit his' case fektiself,' and then obtained the services ofcdunsol'te say whether, -on the facts as submitted' to'^kim; liothad good case, '.But mo.'investigation-' of his , facts- wasteade. tMor the lien? system tfe solicitor <)f counsel , ou the panel will inquire into the facts before the order to allow- him to sue as a poof man is made. .This should I>o a g«at aud a needed protection for defendants, besides saving in soioo cases ejpeass and trouble. ' •,