64 / 132
The Gazette of the Incorporated Law Society of Ireland.
[Due.,
1908
could not be discussed, was as to whether the
Local Government Board had any authority at
all to create or make a schedule of fees. The
Judges more or
less
threw out
that they
did not think it fair; but as his bill was fur
nished before the new rule came into opera
tion or was promulgated, they could not raise
that question. As a result of the certificate of
taxation being quashed in a number of other
cases in which he was personally interested,
he had sent on the certificate to tax in the
ordinary way. He sincerely hoped that the
Local Government Board would press this
matter on, and that the vexed question would
be settled. If he got an opportunity, he would
certainly test it himself. They had the full
copy of the judgment, and they were going to
print it, because it was a very important docu
ment for the profession to have before them,
as
it would show them how matters stood.
There was another matter in connexion with
costs in which Rural District Councils were in
terested ; but as it was
sub judice,
they could
not deal with it. He thoroughly agreed with
Mr, Brady as to the question of tht; measure
ment of costs.
Under the Rules, save in
exceptional cases, the Judges had no power to
measure costs. He was afraid that in some
cases some members of the profession agreed
to the costs being' measured. He thought if
the profession kept together they would find
that under the Rules, except in very few cases,
the Judges had no power to measure costs. With
reference to the private meetings to which
Mr. Quaid referred, he did not see that that
would be workable.
If any grievances existed
—and of course they did exist from time to
time—if they were sent on to the Council,
they would be taken'up. A number of cases
were not brought before them, and of course
they were not to blame for that. Every solici
tor who had grievances should send them on,
and they would do everything they could to
uphold the honour and position of the pro
fession (applause).
MR. T. H. R. CRAIG said he had the
honour to be honorary secretary of the Associa
tion they had in connexion with the Recorder's
Court, and if his recollection served him aright,
the question of the extension of the jurisdic
tion of the Court of Conscience was before his
Society, and that they unanimously agreed that
the extension of the jurisdiction of the Court
of Conscience was not desirable.
MR. JAMES BRADY :
I was present at the
meeting, and I never heard anything of that
nature brought before
it, although
I was
treasurer.
MR. CRAIG said they came to that con
clusion not for their own interest, but because
it was really to the interest of the clients.
People imagined that if they went into the
Court of Conscience to recover small debts
the}' were in a much better position than if
they went to the Recorder's Court, but some
of them got a very rude awakening.
It was
principally from
the point of view of the
plaintiffs that they were
interested
in
the
matter.
In the Court of Conscience'no doubt
the decree must be executed by the Court
bailiff; but it was done not at the risk of the
sheriff, but at the risk of the plaintiff, and he
was actually in the same position as if he had
employed a special bailiff.
In addition the
President of that Court was not a lawyer, and
he had ample jurisdiction at present for dealing
with cases brought before him. Mr. Brady
was quite right that there was congestion in
the Recorder's Court, and he was afraid the
congestion would continue unless the Executive
would do what they ought to have done
long ago—not necessarily to amalgamate the
jurisdictions of county and city, but to make
an order that the Civil Bill business
for
Kilmainham should be heard at the same place
and at the same time as the Civil Bill business
for the city. He believed that would get rid
of any congestion in the Court. That would
enable twelve sittings to be held as at present
for the county, which included the very popu
lous districts of Rathmines, &c. There was
one other matter he thought the public should
understand—that was the position of the Civil
Bill Courts (Dublin) Bill. That Bill was in
troduced or put forward in the first instance
by the Recorder.
It was then submitted to
the Incorporated Law Society, and met with
their approval. It was also considered by their
Society in Green Street, and he believed they
were the persons really interested in the Bill.
The Bill was very carefully considered by the
Association, and received unanimous approval
as amended by the Council of the Incorporated
Law Society. They did not know at present
who blocked that Bill, or why it was blocked ;
but there was one sentence at the end of
page 13 of the Report which was very signi
ficant: "The Bar Council informed the Council
of this Society that they could not pass a
resolution in favour of the Bill as it at present
stands." He (Mr. Craig) did not say that the
Bar Council blocked this Bill; but except for
that the Bill might have been now law, and the