The Gazette 1908-9

The Gazette of the Incorporated Law Society of Ireland.

[Due., 1908

could not be discussed, was as to whether the Local Government Board had any authority at all to create or make a schedule of fees. The Judges more or less threw out that they did not think it fair; but as his bill was fur nished before the new rule came into opera tion or was promulgated, they could not raise that question. As a result of the certificate of taxation being quashed in a number of other cases in which he was personally interested, he had sent on the certificate to tax in the ordinary way. He sincerely hoped that the Local Government Board would press this matter on, and that the vexed question would be settled. If he got an opportunity, he would certainly test it himself. They had the full copy of the judgment, and they were going to print it, because it was a very important docu ment for the profession to have before them, as it would show them how matters stood. There was another matter in connexion with costs in which Rural District Councils were in terested ; but as it was sub judice, they could not deal with it. He thoroughly agreed with Mr, Brady as to the question of tht; measure ment of costs. Under the Rules, save in exceptional cases, the Judges had no power to measure costs. He was afraid that in some cases some members of the profession agreed to the costs being' measured. He thought if the profession kept together they would find that under the Rules, except in very few cases, the Judges had no power to measure costs. With reference to the private meetings to which Mr. Quaid referred, he did not see that that would be workable. If any grievances existed —and of course they did exist from time to time—if they were sent on to the Council, they would be taken'up. A number of cases were not brought before them, and of course they were not to blame for that. Every solici tor who had grievances should send them on, and they would do everything they could to uphold the honour and position of the pro fession (applause). MR. T. H. R. CRAIG said he had the honour to be honorary secretary of the Associa tion they had in connexion with the Recorder's Court, and if his recollection served him aright, the question of the extension of the jurisdic tion of the Court of Conscience was before his Society, and that they unanimously agreed that the extension of the jurisdiction of the Court of Conscience was not desirable. MR. JAMES BRADY : I was present at the meeting, and I never heard anything of that

nature brought before

it, although

I was

treasurer. MR. CRAIG said they came to that con clusion not for their own interest, but because it was really to the interest of the clients. People imagined that if they went into the Court of Conscience to recover small debts the}' were in a much better position than if they went to the Recorder's Court, but some of them got a very rude awakening. It was principally from the point of view of the plaintiffs that they were interested in the matter. In the Court of Conscience'no doubt the decree must be executed by the Court bailiff; but it was done not at the risk of the sheriff, but at the risk of the plaintiff, and he was actually in the same position as if he had employed a special bailiff. In addition the President of that Court was not a lawyer, and he had ample jurisdiction at present for dealing with cases brought before him. Mr. Brady was quite right that there was congestion in the Recorder's Court, and he was afraid the congestion would continue unless the Executive would do what they ought to have done long ago—not necessarily to amalgamate the jurisdictions of county and city, but to make an order that the Civil Bill business for Kilmainham should be heard at the same place and at the same time as the Civil Bill business for the city. He believed that would get rid of any congestion in the Court. That would enable twelve sittings to be held as at present for the county, which included the very popu lous districts of Rathmines, &c. There was one other matter he thought the public should understand—that was the position of the Civil Bill Courts (Dublin) Bill. That Bill was in troduced or put forward in the first instance by the Recorder. It was then submitted to the Incorporated Law Society, and met with their approval. It was also considered by their Society in Green Street, and he believed they were the persons really interested in the Bill. The Bill was very carefully considered by the Association, and received unanimous approval as amended by the Council of the Incorporated Law Society. They did not know at present who blocked that Bill, or why it was blocked ; but there was one sentence at the end of page 13 of the Report which was very signi ficant: "The Bar Council informed the Council of this Society that they could not pass a resolution in favour of the Bill as it at present stands." He (Mr. Craig) did not say that the Bar Council blocked this Bill; but except for that the Bill might have been now law, and the