The Gazette 1912-13

The Gazette of the Incorporated Law Society of Ireland.

[JUNE, 1912

12

Dublin Castle. 5th January, 1912.

Court system. They confined themselves entirely to the Bill in its existing shape as suggested by the Lord Chancellor ; but stated that there were many changes and additions, in their opinion, of great value and importance proper to be made in the County Court Code, which they would be prepared to suggest if they were asked to do so. Mr. Birrell now proposes to suggest to the Lord Chancellor that the County Court Judges should be requested to report what changes and additions ought to be made in the present County Court Code, and how far they approve of the amendments proposed by the Bill introduced in the Session of 1911. The Government will then have the views of all the parties concerned, and of those most competent to form opinions on the matter, and be in a position to decide whether it will be possible to introduce a Government measure on the subject. Yours faithfully, (Signed),' T. P. LEFANU. Mr. Brady then, at the request of the Council, wrote in reply to the Chief Secretary, asking that the Council should be afforded an opportunity of seeing the suggestions of the County Court Judges before legislation was introduced on the subject. He has received the following reply : 22nd March, 1912. DEAR SIR, Mr. Birrell desires me to say that he has noted your request, which seems to him to be a very reasonable one, that the Incor- portated Law Society should be given an opportunity of seeing the suggestions of the County Court Judges on the question of County Court procedure before the introduction of legislation on the subject. Yours faithfully, , (Signed), T. P. LEFANU. You will perceive that the last letter is in March, and we have ascertained that there was a meeting of the County Court Judges immediately after. That meeting did not finally decide the matters before them. They had a further meeting last week. We again communicated with Mr. Brady, and he saw Mr. Birrell about the matter. On the 10th of the present month Mr. Brady wrote to our Secretary, Mr. Wakely :

SIR,

I am directed by the Chief Secretary to acknowledge the receipt of your letter of the 3rd instant, containing a copy of a resolution adopted at a special general meeting of the Incorporated Law Society of Ireland on the subject of the working of the County Courts in Ireland. I am, Sir, Your obedient Servant, (Signed), J. B. DOUGHERTY. Not having heard anything further, some members of the Society, who are also Members df Parliament Mr. P. J. Brady, Mr. Lardner and Mr. O'Shee, on the 20th February, had an interview in London with the Chief Secretary, who promised that he would give the matter his immediate consideration. The following letter was subsequently received by Mr. Brady from Mr. Birrell: Irish Office, Old Queen Street, S.W., 2nd March, 1912. DEAR SIR, Mr. Birrell desires me to say that he has consulted his advisers in Dublin with regard to your suggestion that a Commis– sion should be appointed to enquire into the Irish County Courts Acts. He finds that the defects in the existing procedure have been long recognised by the mercan– tile community, the practitioners in the County Courts, and the County Court Judges. They are mainly defects in machinery, and have been dealt with very fully in the two Bills which you introduced in 1910 and 1911, based apparently to some extent on the Bills introduced by Lord Ashbourne in 1901 and 1902, but incorporating many additional clauses suggested by the Incorporated Law Society and by Barristers and Solicitors who are familiar with County Court practice. The late Lord Chancellor invited the County Court Judges to state their views as to the Bill of 1911, and these Judges suggested certain amendments therein ; but in doing so observed that they did not wish it to be supposed that the Bill at all represented the views held by them as to the amendments required in the County

Made with