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94
The Gazette of the Incorporated Law Society of Ireland.
[FEBRUARY, 1912
in Ireland is conducted is a bad system
nobody can possibly deny, and the system
that permits the existing condition of things
to continue is one that, in my judgment,
ought to be remedied, and remedied without
any further delay.
I know that for the past
16 years, year in and year out, eloquent
speeches have been delivered on the subject ;
able Press reports and articles have been
written, and numerous letters sent from
different organizations and different persons
to the Press. But, so far, they all appear to
be futile. No real advantage has been gained.
The moment a Bill is introduced into Parlia
ment to carry out any of the ideas expressed
in those speeches, articles or letters, some
body steps in, we know not who, and blocks
us, and there is an end to the matter.
It is
a long time ago since the County Courts Act
was passed, it was in 1877, and many strange
things have happened since then, and great
progress has been made in all business
pursuits since
that day.
But
the only
business pursuit which cannot make progress
is the County Court practice and procedure
in Ireland. Why should it not be brought
up to date ?
Why should there be any
objection ?
I have often asked myself the
question, and I am quite certain that many
of my brethren throughout the country have
asked themselves the question, why this legal
procedure of County Court practice in Ireland
should stand clogged and no progress made ?
I know that since the year 1877 the juris
diction
in
the different County Courts
throughout Ireland has been enormously
increased ; we all agree with that. Nobody
can deny that many statutes vesting very
extended jurisdiction in the County Courts
throughout Ireland have been passed and
the business enormously increased. But the
old procedure remains so
that, notwith
standing the ability of the men appointed to
the position of County Court Judges, no one
questions
their ability or honesty to do
the business ; but _
these men
themselves
protest from the bench that the conduct
of the business
in
their Courts cannot
progress
in
consequence of
the
clogged
and ancient practice and procedure. We
have endeavoured to assist them ; but every
time we have come to their assistance we
have met with the same objection.
I have
no
desire to mention any person's name in
connection with The delay in nny Count}'
Court procedure.
1 know the excuse is made
that all the delay arises from want of new
rules and new statutes to enable work to be
more quickly performed. We hear these
complaints and listen to them, but we have
never had an opportunity given us of hearing
from any quarter what the reasons are for
these objections, and what would be the best
means of remedying the existing evils.
I
have formed the opinion that the time has
arrived when these gentlemen ought to be
brought to book, and that they should have
an opportunity of expressing before a Com
mission what their ideas are in regard to
progress and what
remedies are
to be
effected. Then and not till then will we have
some remedy for this matter.
I do not want
to hide from this meeting what, I am sure,
is common knowledge that, as some of my.
friends said to me, I was a stormy petrel in
the performance.
I honestly admit that
after sixteen years it is time the storm should
cease (hear, hear). Now that we have met
at the beginning of a new and, I hope, a
prosperous year for all of us, may I ask and
may I hope that, as we have met here with
business-like ideas, you will all see the use
fulness of the proposition made by my friend
Mr. Craig in his able and temperate speech,
and that you will all agree with the suggestion
of the Sessions Bar of Dublin that the only
possible way of ending existing grievances is
to have this resolution given effect to.
I am
sure if it is given effect to, a means will be
found out of
the difficulty.
I know so
far as I am personally concerned of the many-
complaints that reach my ears, and no man
in this room who practises in the County
Courts in Ireland will deny that many com
plaints are made and continue to be made
daily on this subject.
The matter is one
which really rests with the public themselves.
They employ us. When they employ us the
only thing we can do is to carry out the
procedure and practice.
That is a slow
process, and it is a process that requires to
be remedied.
I am prepared myself, with
my colleagues,
to attend before a Com
mission and testify on oath, if necessary,
what, in our judgment, would be the proper
course
to pursue
to end this difficulty.
Mr. President, no one in this room feels more
honoured and pleased at the position which