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DECEMBER, 1910] The Gazette of the Incorporated Law Society of Ireland.
165
may be made and before whom they may
be made.
We also deal with the question of renewal of
decrees. At present a decree must be
renewed every year for the six years it is in
force. On the first year it is renewed by
affidavit of the plaintiff and without -notice to
the defendant, and each subsequent year upon
notice to him.
It was thought by some
persons that these renewal proceedings were
really matters
for
putting
costs
into
Solicitors' pockets, and for that purpose alone.
Now let me draw your attention to this
matter.
Judgments in the High Court must
be renewed every year and are executed by
the Sheriff alone, who is an officer of the
Court and amenable to the High Court and
answerable for his actions to the Court;
and if he made a seizure and was met by a
statement on behalf of the defendant that
the debt had been paid or almost paid by
him since the judgment was marked, the
Sheriff, as an officer of the Court, would
naturally stay his hand and make some
enquiry.
But then let us come to the procedure
under decrees. A decree need not be execu
ted by the Sheriff, but may be executed by
the plaintiff himself and his bailiffs. Now it
cannot be said that it is not necessary to
have a periodical enquiry as to the amount
that may be due upon that decree, and that
the defendant should not be asked to attend
on the renewal hearing with a view to seeing
that he is not unjustly treated by the plaintiff.
I say it would be a monstrous thing to put
into the hands of any pedlar or trader, no
matter what his position, a decree against a
defendant and enable him to have that in
his pocket for six years without being subject
to any revision, and that at the end of, say,
five years he would be entitled to walk in and
seize the goods of the defendant for the
entire amount of the decree.
Such a pro
position, to my mind, could not for one
moment be acceded to, and I am glad to have
to say that some of the authorities who were
consulted upon this Bill were in the first
instance opposed to the renewal of decrees,
but when they heard our statement as to what
actuated us in favour of the renewals and the
periodical revision of the sums due on these
i
decrees they did not press their objection
further, we waived
the renewal without
notice, but we think that the early revision
thereafter provided by our Bill is necessary,
and merchants or defendants cannot grumble
if they have to pay some small costs for the
hearing on renewal, which sum generally
falls on the defendant who has obtained the
long credit. The first renewal will be within
two years from the date of the decree.
There is a clause providing for the Court
to issue decrees in undefended cases after
six days from the date they are pronounced
by limiting the time for appeal;
this will
prevent decrees from being hung up until the
termination of a prolonged Sessions.
We also give powers to defendants to lodge
money in Court in full settlement of claims
for debts or for damages, and if on the
hearing, the amount tendered or lodged is
deemed by the Judge sufficient, that the
defendant who has so lodged that money
will be indemnified from costs after
the
lodgment was made by him.
There are other matters dealing with the
professional side, such as enabling firms of
Solicitors to act in Court by any member of
their firm, etc.
And then there is a clause that the Presi
dent of the Incorporated Law Society shall
be one of the rule-making authorities, and
there shall also be added a member of the
Council of the Bar of Ireland, to be nominated
by that Council, because we consider that the
Bar of Ireland have as great an interest in
the carrying on of the County Court business
as Solicitors, and that it is not out of place
that
they should be represented on
the
court of the rule-making authority.
I do not think it necessary to allude to
letters which have appeared in the press over
the name " A Correspondent," or any other
such
nom de plume.
If it is worth any indi
vidual's while to discuss the subject of the
Bill in the Publi: Press we always like to see
the true name of the writer appended to his
letter, it would guide us as to the amount
of attention to be given to his remarks.
I therefore refrain
from making any
fur
ther reference to them.
I am sorry I have kept you so long, but
I felt it my duty to go into this matter of
County Court Practice in Ireland at some
length, and the importance of the subject,
especially during the coming year, must be
my apology.