references to distant tribunals confuse and harass a population which,
with comparatively few exceptions, is illiterate, credulous, and
suspicious of underhand influence. An almost unlimited right of
appeal from one court to another, in matters of even the most trivial
importance, not only tends to impair the authority of the local
magistrate, but gives an unfair advantage to the wealthy litigant
whose means enable him to secure the services of the ablest pleader,
and to purchase the most conclusive evidence in support of his claims.
For it must be remembered than in India evidence on almost any subject
can be had for the buying, and the difficulty, in the administration
of justice, of discriminating between truth and falsehood is thereby
greatly increased. Under our system a horde of unscrupulous pleaders
has sprung up, and these men encourage useless litigation, thereby
impoverishing their clients, and creating much ill-feeling against our
laws and administration.
Another point worthy of consideration is the extent to which, under
the protection of our legal system, the peasant proprietors of
India are being oppressed and ruined by village shop-keepers and
money-lenders. These men advance money at a most exorbitant rate of
interest, taking as security the crops and occupancy rights of the
cultivators of the soil. The latter are ignorant, improvident, and
in some matters, such as the marriage ceremonies of their families,
inordinately extravagant. The result is that a small debt soon swells
into a big one, and eventually the aid of the law courts is invoked to
oust the cultivator from a holding which, in many cases, has been
in the possession of his ancestors for hundreds of years. The
money-lender has his accounts to produce, and these can hardly be
disputed, the debtor as a rule being unable to keep accounts of his
own, or, indeed, to read or write. Before the British dominion
was established in India, the usurer no doubt existed, but his
opportunities were fewer, his position more precarious, and his
operations more under control than they are at present. The
money-lender then knew that his life would not be safe if he exacted
too high interest for the loans with which he accommodated his
customers, and that if he became too rich, some charge or other would
be trumped up against him, which would force him to surrender a large
share of his wealth to the officials of the State in which he was
living. I do not say
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