The Gazette 1936-40

DECEMBER, 1938] The Gazette of the Incorporated Law Society of Ireland

30

Parliamentary election, and the fees that, hitherto, were obtained by the Officer as part of his emoluments, now fall into the Treasury. He is now carrying out the duties of the Sheriff; that used to be a one-man job, now the County Registrar has to discharge it, and any fees payable in respect of the duties of that office go back to the Treasury. Having some experience of the work of the old Clerks of the Crown and Peace, and since the abolition of that office, I am wondering, first, how one man can do all the work, and, secondly, in attempting it, for I am convinced he is not able to do it, which part is he likely to leave behind ? I am afraid it is that side of his office which he obtained and was appointed to because he was a Solicitor, and which was the portion and the purpose of his office as a dignified officer of a dignified Court. A few years ago the payers of Land Annuities who failed in their payments promptly as they fell due, were sued in the County Court, and subsequently in the District Court or Circuit Court according to the amount due. A few years ago that practice was abandoned and the Land Commission was authorised to issue warrants, just as the Landlords in the olden times were enabled to levy their rents by distress. By some people this was regarded as an unhappy change. The authors of that idea probably hoped for efficiency and suggested that it would mean less expense to the unfortunate defaulters. One thing in practice has resulted and that is, that very promptly after the default, the facilities to issue levy warrants have become so great that they appear in their thousands every half-year. My enquiries have led me to the conclusion that these warrants amount to between two and three thousand each year in each county. When these warrants reach the County Registrar, notices are issued by him to the defaulters informing the defaulters that payment must be made at the end of some fifteen or sixteen days, together with a fee to cover the deposits on the warrant with the County Registrar, and a further fee of one shilling for the County Registrar's letter. The deposit fees are set out in a Schedule of Costs, but may be

taken in fact to work out on an average of three shillings each. If payment be not made within a period of fifteen or sixteen days, then the gentleman, differently named, but really the " Bailiff," is sent out to collect the warrants. He is usually given five or six warrants, and he goes out to collect. As a consequence of this, a charge of fifteen shillings is to be added on to each warrant, plus travelling expenses calculated on a mile rate. If this officer gets paid he must be paid the amount of the warrant, plus the lodgment fee, plus one shilling for the County Registrar's letter, plus the fifteen shillings mentioned above, plus five per cent, poundage. For doing all this work the County Registrar is responsible for all monies received, and he must pay over to the Land Commission or the Treasury, or to the appropriate office the monies, but the County Registrar gets nothing. If any question is raised about a seizure, and there is litigation in respect of an alleged wrongful seizure, proceedings for that may be taken and are most likely to be taken in the Circuit Court, and the plaintiff will have the luxury of having his case tried with the County Registrar as defendant sitting in full state in Court under the Judge that tries the case, and probably mentally regarding the County Registrar as part of that Court. Should the County Registrar succeed, he again as " Sheriff," will have the luxury of looking for his costs by sale of distress, and the plaintiff have the mental disturbance that he has had no justice. Should the litigation arise out of the levy on the criminal side of the Court, the criminal will be looking on the Court as a part of the County Registrar, who, probably, has been assaulted or disturbed in the making of his distress, and he will know that the same person made the Jury book, settled the jury panel, drew from the box the names of the jurors that tried the case, and, if he be convicted, he will carry away with him the additional conviction that he has gone to law with a certain gentleman and tried his law in that gentleman's Court. I hesitate to put the name that he would put upon that gentleman. I protested against the appoint ment of the County Registrar as Sheriff. I protest against it now; I think it is souring