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12
The Gazette of the Incorporated Law Society of Ireland.
[JUNE, 1912
SIR,
Dublin Castle.
5th January, 1912.
I am directed by the Chief Secretary to
acknowledge the receipt of your letter of
the 3rd instant, containing a copy of a
resolution adopted at a special general
meeting of the Incorporated Law Society
of Ireland on the subject of the working of
the County Courts in Ireland.
I am, Sir,
Your obedient Servant,
(Signed),
J. B. DOUGHERTY.
Not having heard anything further, some
members of
the Society, who
are
also
Members df Parliament Mr. P. J. Brady,
Mr. Lardner and Mr. O'Shee, on the 20th
February, had
an interview
in London
with the Chief Secretary, who promised
that he would
give
the matter
his
immediate
consideration.
The
following
letter was subsequently received by Mr.
Brady from Mr. Birrell:
Irish Office,
Old Queen Street, S.W.,
2nd March,
1912.
DEAR SIR,
Mr. Birrell desires me to say that he has
consulted his advisers
in Dublin with
regard to your suggestion that a Commis–
sion should be appointed to enquire into
the Irish County Courts Acts. He finds
that the defects in the existing procedure
have been long recognised by the mercan–
tile community, the practitioners in the
County Courts, and the County Court
Judges.
They are mainly defects in
machinery, and have been dealt with very
fully in the two Bills which you introduced
in 1910 and 1911, based apparently to
some extent on the Bills introduced by
Lord Ashbourne in 1901 and 1902, but
incorporating many additional
clauses
suggested by the Incorporated Law Society
and by Barristers and Solicitors who are
familiar with County Court practice.
The late Lord Chancellor invited the
County Court Judges to state their views
as to the Bill of 1911, and these Judges
suggested certain amendments
therein ;
but in doing so observed that they did not
wish it to be supposed that the Bill at all
represented the views held by them as to
the amendments required in the County
Court system. They confined themselves
entirely to the Bill in its existing shape as
suggested by the Lord Chancellor ;
but
stated that there were many changes and
additions, in their opinion, of great value
and importance proper to be made in the
County Court Code, which they would be
prepared to suggest if they were asked to
do so.
Mr. Birrell now proposes to suggest to
the Lord Chancellor that the County Court
Judges should be requested to report what
changes and additions ought to be made in
the present County Court Code, and how
far
they approve of
the amendments
proposed by the Bill introduced in the
Session of 1911. The Government will then
have the views of all the parties concerned,
and of those most competent to form
opinions on the matter, and be in a position
to decide whether it will be possible to
introduce a Government measure on the
subject.
Yours faithfully,
(Signed),' T. P. LEFANU.
Mr. Brady then, at the request of the
Council, wrote in reply to the Chief Secretary,
asking that the Council should be afforded an
opportunity of seeing the suggestions of the
County Court Judges before legislation was
introduced on the subject. He has received
the following reply :
22nd March,
1912.
DEAR SIR,
Mr. Birrell desires me to say that he has
noted your request, which seems to him to
be a very reasonable one, that the Incor-
portated Law Society should be given an
opportunity of seeing the suggestions of
the County Court Judges on the question
of County Court procedure before the
introduction of legislation on the subject.
Yours faithfully,
,
(Signed), T. P. LEFANU.
You will perceive that the last letter is in
March, and we have ascertained that there
was a meeting of the County Court Judges
immediately after.
That meeting did not
finally decide the matters before
them.
They had a further meeting last week. We
again communicated with Mr. Brady, and he
saw Mr. Birrell about the matter. On the
10th of the present month Mr. Brady wrote
to our Secretary, Mr. Wakely :