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126
The Gazette of the Incorporated Law Society of Ireland.
[APRIL, 1912
the rules, the option of either drawing and
taxing his costs, or taking a scheduled fee
without taxation, which in this case was two
guineas.
Mr. Justice Dodd said there would be no
difficulty in the case if the plaintiff had been
suing for only two guineas.
Mr. Henry said the remainder of the claim,
eight shillings and one penny, was for personal
outlay, and it was the practice in such cases
to add it to the schedule fee.
Mr. Wylie said his Lordship could only give
a decree for two guineas by agreement, and
he could not consent.
Mr. Justice Dodd said, as the parties could
not agree, he must affirm the decision of the
County Court Judge.
Mr. Wylie said he must ask for a case
stated. He was authorised by the Local
Government Board to make the application.
Mr. Justice Dodd said he would not give a
case stated.
County Courts.
UPON the 20th February Mr. Brady, M.P.,
Mr. Lardner, M.P., and Mr. O'Shee, M.P.,
had an interview with the Right Hon. the
Chief Secretary for Ireland,
in order to
request him to give effect to the resolution
adopted at the Special General Meeting of the
Society held in January, asking the Govern
ment to appoint a Commission to hold an
inquiry for the purpose of reporting with
respect to what amendments in the existing
law and procedure are desirable for the better
working of the County Courts in Ireland. The
Chief Secretary promised that he would give
the matter his immediate consideration. The
following letter was subsequently received
by Mr. Brady, M.P., from the Chief Secre
tary :—
Irish Office,
Old Queen Street, S.W.,
2nd March,
1912.
DEAR SIR,
Mr. B.irrell 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
propdsed 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.
P. J. Brady, Esq., M.P.
Mr. Brady, at the request of the Council,
wrote
in
reply
to
the Chief Secretary,
requesting
that
the Council
should be
afforded an opportunity of seeing the sug
gestions of the County-Court Judges before
the introduction of legislation on the subject,
and has received the following reply :—