The Gazette 1911-12

93

The Gazette of the Incorporated Law Society of Ireland.

FEBRUARY, 1912]

bailiffs and pay them for their time, and also pay their car hire. The Sheriff has no permanent staff. He must employ such men as bailiffs as he can get from time to time. The bailiffs go out and attempt to make a seizure. The defendant may have moved his goods to some friend's place. How are the bailiffs from a distance to find out about this ? The defendant may have goods capable of being seized, but there is rent due to the land lord amounting to more than the goods are worth. Again, there may be goods in the defendant's premises, but they are claimed by the defendant's wife or his mother-in-law or some other member of his family, and there is no means of cheaply and quickly trying and determining the validity of such claim ; the Sheriff is compelled to make a return to the plaintiff of " No goods," and. in consequence, is out of pocket to the extent of at least 10s., which the plaintiff is not liable to him for. Is it reasonable that the law should be in that state ? Surely the Sheriff should be a permanent official; surely means of supplying and paying reliable bailiffs should be provided for him ; surely third-party claims should be determined cheaply and quickly. But I have said enough to start the discussion. I know there are representatives here from the Solicitors' Associations in the country, and I am sure they will have a great deal more to say on the subject than I have, and be able to say and to put the arguments in much a better way ; I will, therefore, leave the matter to them to deal with, and beg formally to move the resolution which has been read by the Secretary to-day (applause). MR. JAMES BRADY :—I have very much pleasure in seconding the motion. I agree with Mr. Craig that this is a matter of public interest, a matter in which the public are mostly concerned now. That there are difficulties in the existing County Court procedure in Ireland I don't think anyone can deny. We have been endeavouring for the past sixteen years to remedy the evils, but, so far, without success. Every time we have made a move in the right direction we were blocked in one quarter or another. You have heard from Mr. Craig of a number of Bills promoted in the House from time to time, and the result. That the system at present under which County Court \ocedure

hearing are settled before entering them, £150,619 must be added, we, therefore, find that the enormous sum of £602,453, in round numbers, is recovered, or sought to be recovered, annually by means of the Civil Bill Courts in Ireland. More than half-a- million of money and nearly £100,000 more than is actually dealt with by writs at the Common Law side of the High Court. Is not that an important matter and a suitable one for the Government to deal with by a Com mission after 16 years of agitation ? (hear, hear). If something is not done, what is to happen ? Are we going to muddle along just as we have been doing for the last sixteen years, trying to get a Bill passed which everybody says ought to be passed ? Is there to be no finality to it ? If not, how is business to be carried on at all ? So much for the means of obtaining decrees or judg ment in the Civil Bill Court for small debts. Now, take the Sheriff's office, and we find that things are in even a much worse con dition than they are in the Civil Bill Courts. The Sheriff has absolutely no fixity of tenure. The 'Under Sheriff does the work, and the High Sheriff appoints him. The High Sheriff must change annually, and the new High Sheriff may appoint a new Under Sheriff every year. How can any man be expected to do his work as Sub-Sheriff in a business-like way and take an interest in his work when he knows his position is such an insecure one. Since this matter came forward I have received a very large number of com munications from Sheriffs in Ireland. The two matters that seem to press upon the Sheriffs are, first, the difficulty of getting reliable bailiffs to do the work at the remuneration allowed, and, secondly, the difficulty of determining and quickly adjudicating upon third-party claims. These are matters we have dealt with over and over again by the Bills introduced, and yet we cannot get anything practical done. Personally, I have every sympathy with the Sheriffs. Take one instance which illustrates the position of matters completely: The Plaintiff lodges his decree, and says, " I want this money realized." The Sheriff may never have seen the Defendant, and may not know anything about him. What is he to do ? The defendant may live twenty miles away, and the Sheriff must employ and send out