As the expence of law-proceedings was so great, that the expence of a suit, or at least of a few suits, would be completely ruinous to a Benefit Society, something was also done towards the diminution of that expence. It was ordered that no fee should be taken by any officer or minister in the courts, and that the proceedings should not be chargeable with any stamp duty.
This was most undoubtedly travelling in the right path ; but it was not doing enough. It did not ren der the access to justice sufficiently easy. The pro ceedings of English law are full of delay, and full of intricacy. The business of the great mass of the people, of whidh Benefit Clubs is a part, requires dispatch and simplicity. A suit at law in behalf of a Benefit Society is still attended with so much trou ble, and so much expence, that, virtually, the doors of the Courts are well nigh shut upon them down to the present hour. And this want of the protection of law they are obliged to supply, as well as they can, by rules of their own,—rules of some incon venience, and of which they would never think, if the protection of law were as it should be.
Thus, with the delay, trouble, and expence of the regular courts, it would never do to sue for arrears, as often as a few shillings became due. The socie ties are therefore obliged to make a law of their own, that a member who does not at a certain time pay up his arrears, forfeits his place as a member. If a single attendance of a few minutes at a sum court, which would be all that would be required, would suffice to procure a sentence and execution upon the goods of a defaulter, the law of expulsion would not be required.
It is evident that, to give to Benefit Societies all the salutary operation of which they are capable, some. court is wanting, where, free from the superstitious perplexities of barbarous law, the matter of all ap plications may be immediately tried, in the way of natural and rational inquiry ; the parties themselves and their witnesses instructing the judge upon theie oaths, and receiving his award without delay and without expence. If every man who fancied himself
aggrieved by his club, and every club who had a complaint against an offender, could receive justice on these terms, the business of societies would be. very simple, and their benefits sure. Their rules might then be limited to the fixing of the periodi cal payments, apportioning the benefits to be re turned, and settling the order of conducting the business. They would attain a sort of ideal perfec tion, could they only obtain in a degree at all ap proaching to perfection, the benefit of law. With no other than the functionaries at present in Great Britain administering the law, the easiest mode of composing a judicatory for Friendly Societies would be to make the reference to- a single Justice of the Peace, who should hold a regular tribunal for this purpose, and go through immediately, even to exe cution, with all disputes, reserving one • appeal to any of the neighbouring Justices, upon whom the parties should mutually agree. Upon no part of the proceedings should there be the shadow of a tax or a fee ; and, as lawyers would be altogether unne cessary, and the witnesses would in general be few and at hand, justice would in general be done with out an hour's delay ; with the loss, even in the most tedious cases, of but a few hours of time, either to the parties or the witnesses ; without any expence in most cases, with a very small expence in any. The consequence would infallibly be, that, in such cases, no man would have any interest in an injustice, for which he would be immediately called before the judge, which he would be immediately obliged to repair, and from which he could therefore derive no advantage, not so much as a little momentary ease.