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The Gazette of the Incorporated Law Society of Ireland
[DECEMBER, 1938
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
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