The Gazette 1910-11

The Gazette of the Incorporated Law Society of Ireland. [DECEMBER, 1910

161

the suggestions of some and revising the demands of others, to bring forward a Bill which your Council think will fairly represent the wishes of the public and Professions, and one over which they can stand as a substantial benefit to the merchants and traders, as well as to the Professional bodies. And now this Bill is in print in Parliament, and may for the present, by the sudden termination of this Session, fall to the ground. Still it is there, to be re-introduced at the earliest opportunity in the new Parliament, and we do trust that any person who has any suggestion to give or alteration to make in it will send them in at once to our Council and allow them to be considered, so that a Bill which definitely sets out the amendments sought to the existing law may be presented to the Law Officers of this country, and through them be taken up by the Government and passed into law as a Government or uncontested measure ; for we feel confident that the present condition of affairs in Parliament will forbid any contentious matter being carried unless adopted by the Government of the country. The particular matters sought to be amended by our Bill are :—The mode of service of process upon Corporations and Limited Companies, and legalising accep tance of service of Civil Bills by Solicitors for their clients; enabling a plaintiff to get a decree for the costs of his proceedings against a defendant, notwithstanding that the defendant may have sent him through post or otherwise the full amount of his debt after costs have been incurred. The attachment of debts within Civil Bill juris dictions is a new jurisdiction sought. There is also an important one : it is the question of " speedy interpleader." We all know the return made by the Sheriffs of persons other than the defendant claiming the goods in the defendant's house. The Sheriff at present has to withdraw, and the plaintiff is without remedy unless he takes a very round-about procedure. What we seek is, that when the Sheriff seizes and a claim of this class is made, that the Sheriff can bring the parties, claimant and plaintiff, before the Judge in a short space of time and have the ownership of the goods so seized decided upon by the Judge. Also we seek that if property under a Bill of Sale or on

hire-purchase with very small re maining due to the holder of the Bill of Sale or person from whom they are hired, is seized under Civil Bill decree, the Judge should have power to ascertain the amount due upon these instruments, and if the creditor will pay the amount to the owner or holder of the Bill of Sale, to direct the Sheriff to realise the decree and money so paid by sale of these goods. Another most important improvement we seek to make is in what is known as the " Default Process Procedure." As it exists at present a defendant served with a default process (which is issued when plaintiff files the affidavit that a debt is due to him) can give notice that he intends to defend (which notice is provided for him at the end of the process served) by sending this notice to the Clerk of the Peace, the affidavit filed thus becomes a dead letter, and the plaintiff or his witness, no matter where he may live, must attend before the judge to prove the debt as in an ordinary process ; and it is our experience that in many instances this notice is served where a defen dant has no defence whatever, and upon the chance that the plaintiff will not think it worth his while to come such a long distance from his residence, wherever it may be, to the Court to prove the case, it might cost too much for time and travelling expenses ; and were he to do so and get a decree, it may not be capable of being entirely realised. Unless the plaintiff does attend no decree can be made against the defendant, though he may honestly owe the debt. Our proposal is that in cases of mercantile debts up to the extent of £20, the affidavit filed in the first instance will,not fall to the ground by a notice of defence, but may be permitted to be used by the Judge as evidence'of the debt, the defendant will be obliged to state what his defence is, and if a defence is shown which requires investigation of the Plaintiff's claim, the Judge will have full power to adjourn the case for the attendance of the plaintiff's witnesses or make such other order as the Judge may think fair to all parties. We do not propose that the affidavit should be conclusive, but that it should be capable of being used in case no reasonable defence is suggested to the claim. We also deal with affidavits connected with the renewals of decrees, etc., by whom they sums