§ Bill considered in Committee.
§ (In the Committee.)
§ MR. O'HAGAN (THE ATTORNEY GENERAL FOR IRELAND)explained the nature of some changes that had been made in the Bill. They had intended to make the Sub Sheriffs the officers of the court, but on consulting with the grand juries it was considered by them and by the High She- 1556 riffs themselves that the duties should be performed by the High Sheriffs. They had altered the Bill, therefore, in that respect.
§ Clauses 1 and 2 agreed to.
§ Clause 3 (Interpretation of Terms).
§ MR. TORRENSproposed to insert words for the purpose of re-constituting the Civil Bill Court in Carrickfergus.
§ MR. O'HAGANsaid, there was no necessity for the Amendment, because the Lord Lieutenant had already the power under the Civil Bill Act, 15 Vict. c. 57, of re-constituting the court of Carrickfergus.
§ MR. TORRENSsaid, that he would withdraw his Amendment, on the understanding that the right hon. and learned Gentleman would represent to the Lord Lieutenant the hardship of the case of Carrickfergus.
§ Amendment, by leave, withdrawn.
§ Clause agreed to.
§ Clauses 4 to 36 agreed to.
§ Clause 37 (Power to refer Matters of Account).
§ MR. SCULLYsaid, he objected to the power proposed by the clause to be given to County Court Judges to force arbitration upon suitors. He should move the omission of the clause.
§ Clause withdrawn.
§ Remaining clauses agreed to:—Schedules agreed to.
§ MR. LONGFIELDmoved, after Clause 5, to insert the following clause:—
The chairman shall have power to fine any of the bailiffs appointed to execute civil bill decrees for neglect or misconduct in a sum not exceeding five pounds, to be levied by distress on his goods and chattels.—agreed to.
§ MR. BUTTmoved, after Clause 8, to insert the following clause:—
(Sheriff may issue a special warrant.)Provided always, That if at any time the sheriff shall in his discretion think fit that in any case any other person or persons besides the ordinary bailiff should be employed in the execution of any civil bill decree, then and in that case it shall be lawful for the sheriff, in addition to the warrant added to the civil bill decree, to issue under his hand and seal a special warrant addressed to any person or persons whom the sheriff may see fit to nominate, and inserting in such warrant the substance of the decree, and every such warrant shall be a sufficient authority to the persons named therein to proceed in the execution of such decree, and the sheriff shall be responsible for all the acts of such persons in the same manner as 1557 if they had been bailiffs duly appointed under this Act; and in case such special warrant shall have been issued at the request of the plaintiff or his attorney, the sheriff shall be entitled to demand and receive for every such warrant the sum of one pound, to be paid by the plaintiff or his attorney requiring the same, in addition to any fees to which he would be entitled under this Act.
§ MR. O'HAGANsaid, he could not accept the clause, which he thought would be a departure from the principle of the Bill.
§ Clause negatived.
§ SIR COLMAN O'LOGHLENmoved, after Clause 25, to insert the following clause: —
(Interest in land not to be sold under civil bill execution.)It shall not be lawful to seize or sell under any civil bill execution any term for years, or any estate or interest in lands.
§ MR. M'MAHONsaid, he did not see why, on the matter referred to, power should not be given to sell chattel interests under a Civil Bill execution.
§ Clause agreed to.
§ MR. LONGFIELDsaid, he wished to propose a clause that all actions against the sheriff should be laid in the county for which such sheriff was appointed, and that the defendant might plead the general issue.
§ SIR COLMAN O'LOGHLENsaid, he would not object to the clause if some Amendments were made upon it.
§ MR. M'MAHONsaid, he should oppose the clause. It was notorious that in Ireland it was the practice of the country for the sheriffs to pack the juries; and it would be monstrous to give those officers the privilege of having actions brought against them for wrong done to be tried in their own counties.
§ MR. BUTTsaid, that because he desired to see the law assimilated in the two countries, he would support the clause with the restrictions proposed by the hon. Member for Clare. He denied that jury-packing was the practice in Ireland. He would, however, propose the omission of that part of the clause which limited the costs of a plaintiff recovering under £20.
§ Clause withdrawn.
§ (Cases above £20 removable by certiorari.)
§ MR. BUTTsaid, he would move the insertion of £20. Many cases involving important principles and issues occurred in which the money claim was not greater 1558 than £20, and there ought to be a power of removing them to a superior court.
§ MR. GEORGEsaid, he thought the clause most objectionable. He regarded it as an endeavour, by a side wind, to limit the jurisdiction of the Civil Bill Courts. If there were to be a certiorari clause, let it be a general one.
§ MR. M'MAHONsaid, he should support the clause, as the power given by it was only available under the discretion of a Judge.
§ SIR COLMAN O'LOGHLENsaid, he thought the clause too important to be decided without fuller discussion than could be then given to it; but it did not really belong to the objects of the present Bill, which were chiefly to regulate the execution of Civil Bill process.
§ MR. O'HAGANsaid, the clause was quite novel, and beyond the scope of the Bill.
§ Clause withdrawn.
§ House resumed.
§ Bill reported; as amended, to be considered on Thursday.