The Gazette 1911-12

The Gazette of the Incorporated Law Society of Ireland.

94

[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