The Gazette 1936-40

[DECEMBER, 1938

The Gazette of the Incorporated Law Society of Ireland

29

sensus of the opinions I obtained pointed to this being the real reason for a falling-off, if there be a genuine falling-off, in the business. I understand that at the moment there is under consideration a change of the Rules of the Circuit Court. I do not know to what extent these Rules have gone, or are likely to go, but I trust that those concerned with these Rules will give the Solicitors' profession a full opportunity of seeking that the rights and privileges of the Solicitors' profession as advocates in the Circuit Court will not be minimised or cut down in any way. I can, of course, understand, that, having regard to the present jurisdiction of the Circuit Court, cases involving more important and sub stantial questions of law will come into the Circuit Court, but unless the Circuit Court is provided in every place of Sitting with suitable and ample Libraries, injustice must result to the two professions and to litigants. Some years ago, when giving evidence before the Parliamentary Commission that sat prior to the introduction of the Courts of Justice Act, 1936, I called attention to the fact that the office of Sheriff, where the existing holder died, was to be handed to the Count}' Registrar. Unfortunately, the Committee felt that that was not a matter within the reference to them. Now, with few exceptions, the County Registrars have been given also the office of Sheriff. This is a matter that has an im portance for the Solicitor profession. County Registrars have been appointed from the Solicitor profession. In the old County Court his office was known as that of Clerk of the Crown and Peace, and until very recently the duties were identical. Recently there has been a tendency to tack on to the office of the County Registrar every other job that, by any excuse, could be suggested as likely to be appropriate, either to the office or to the holder of it, and now the County Registrar has to dis charge the duties that used to be discharged by the revising Barrister in the past, and in that connection the duties to some extent, at any rate, that used to be carried out by Secretaries of County Councils, Clerks of District Councils in connection with jurors and voters. He now makes out the Jury Book, the Voters' List; he holds. the

that it arose inadvertently, and I know that ample amends have been made. One thing, however, struck me, and that was the utter unsuitability of the housing of that Department. It seemed to be unsuitable, insufficient for the staff, calculated to minimise the capacity of the staff to do its duty, and grossly inconvenient, and possibly unhealthy for the public. During my year of office I received from several sources complaints that the Circuit Court had not come up to the expectations of the profession. Several suggestions pointed out a falling-off in the business coming to that Court, and that that falling-off was not due to the jurisdiction in Civil matters conferred upon the District Court. I endeavoured by enquiries made all over the country to find a reason. The Circuit Court has jurisdiction in cases which were the source, and ought to be the source in the Circuit Court, of very considerable business, particularly dealing with matters of Title. The enlarged jurisdiction in Contract and Tort ought to have brought in numerous cases to fill the County Court, by reason of its jurisdiction, and yet the com plaints I refer to came within my own personal knowledge. I could, and did notice a falling-off since the arrears from the old County Court period had been cleared off, and my enquiries resulted in like experience in areas of which I had no personal knowledge. I was satisfied from all I heard that there certainly was an apparent, if not a real, falling-off in business. The question to be solved was, what was the cause ? Was it that, owing to the times, the alleged shortage of money, a lesser taste to seek remedies for wrongs, or was it some other cause ? -It was pointed out that the old County Court was, so far as advocacy was concerned, was regarded as a Solicitors' Court. It was pointed out that the Circuit .Court, owing to pronouncements, from.the Bench or other ^causes, had.ceased to::be regarded as such, and was now, owing to the fact that pleadings were introduced by the Rules of the Circuit Court, to be regarded as a Court for Counsel in every case and on every side, and that •:this meant increased expense. The con­