The Gazette 1911-12

[APRIL, 1912

The Gazette of the Incorporated Law Society of Ireland.

126

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 :—

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