The Gazette 1910-11

DECEMBER, 1910]

The Gazette of the Incorporated Law Society of Ireland.

159

concurrence of the Recorder and after con sultation with the President of the Incor porated Law Society, might make orders and rules for regulating various matters, both of law and procedure, which are set out in the Bill in the Civil Bill Courts of the City and County of Dublin. This Bill had the same fate as its predecessors, and did not get beyond a first reading. A Bill in the same terms exactly was again introduced by Mr. Clancy, K.C., M.P., in the month of July last and has been read a second time. The Council of this Society could not approve of this Bill. They are of opinion that an Act of Parliament intended to effect drastic changes in law and procedure should itself contain and enact the new provisions which it is proposed to make. They consider that legislation which deputes to a rule-making authority the power practically to legislate is entirely unsatisfactory. They also con sider that in all such Acts of Parliament which provide for the making of rules, the President for the time being of this Society should be named as a member of the rule-making authority and not as a person only to be consulted in reference to the rules. The experience the Council have had of the working of Acts which provide for the President being only a consultant party are highly unsatisfactory. Early in this year the Council received from the Dublin County Court Bar Asso ciation a Draft Bill for the purpose of amending the procedure of the Dublin Civil Bill Courts, and having considered the matter (as stated in the Report), came to the conclusion that any Bill to be promoted by the Society for remedying defects in County Court procedure should be made applicable not alone to Dublin, but the whole of Ireland. A demand for such amendments had been made by all the great commercial bodies, who complained most bitterly of the difficulty of recovering, debts in the County Courts, and of the delays attendant on the issue of decrees and in having them realised when obtained. The Council, therefore,with a view to having these grievances redressed as far as possible, took into consideration the whole question of the amendments required in thejpresent law

affecting the working of the County Courts in Ireland, and prepared a Draft Bill which they believe, if passed into law, will render proceedings in the County Courts much more effectual than heretofore, and enable decrees to be issued and levied more rapidly. The Bill provides, amongst other things :— For the attachment of debts due to debtors. For the obtaining of interpleader orders and orders on Sheriffs to make returns to decrees. Enforcement of instalment orders. That decrees shall remain in force for two years without renewal. That the time for appeal shall run from six days from actual pronouncement of decisions, etc. The provision limiting the time for appeal is a most important one, as it will enable decrees to be issued all through the Sessions and without the necessity of waiting, as at present, to issue the decrees after the end of the long Sessions. The Draft Bill, as prepared by the Council, was submitted for approval to the Dublin Chamber of Com merce, the Northern and Southern Law Societies, the Dublin County Courts Bar Association, the General Council of the Bar of Ireland, and others, and has been approved of by all these bodies. The Bill is promoted altogether in the interests of the Public, and by it an effort has been made to meet most of the objections and suggestions from time to time put forward by the Commercial community in reference to County Court procedure. It has occupied the attention of the Council for a considerable portion of this year, and was discussed at nine meetings of the Committee specially appointed for the purpose and which comprised most of the leading County Court practitioners. The Bill, as so settled and approved of, was introduced in the House of Commons on the 18th of November, by Mr. P. J. Brady, M.P. —who, we are pleased to see, has been elected a member of the Council (applause)—supported by Mr. Maurice Healy, Mr. Kelly and Mr. Horner, K.C., and we sincerely trust that it may be adopted as a Government measure and in due time find its way to the Statute Book, and that thus the long sought for amendments, which it is