§ Sittings and Distribution of Business.
§ Clauses 29 to 33, inclusive, agreed to.
§ Clause 34 (Divisions of the High Court of Justice.)
§ MR. PARNELLmoved, in page 25, to leave out lines 12 and 13, and insert in lieu thereof:—
The Queen's Bench, Common Pleas, and Exchequer Divisions shall consist of the number of Judges following and no more, viz.: the Queen's Bench Division of four Judges, the Common Pleas Division of three Judges, and the Exchequer Division (from and after the next vacancy in the office of one of the Junior Barons) of three Judges.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clauses 35 to 39, inclusive, agreed to.
§ Clause 40 (Sittings in Dublin and on Circuits.)
§ MR. MELDONmoved, in page 29, lines 42 and 43, to leave out "or any Judge of the Court of Bankruptcy."
THE ATTORNEY GENERAL FOR IRELAND(Mr. Gibson) assented to the omission of the words, which he thought was desirable.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
1537§ Clauses 41 to 45, inclusive, agreed to.
§ Clause 46 (Cases and points may be reserved for or directed to be argued before Divisional Courts or Courts of Appeal.)
THE ATTORNEY GENERAL FOR IRELAND(Mr. Gibson) moved, in page 32, line 29, to leave out the words "or of the Court of Appeal," which, he thought, would lead to complication, and their retention would render the clause inconsistent with other parts of the Bill.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 47 agreed to.
§ Clause 48 (Provision for Crown cases reserved.)
§ MR. PARNELL (for Mr. BIGGAR)moved, in page 33, line 24, after "shall," insert "not." The object of the Amendment of his hon. Friend was to remove an admitted grievance in Irish legal procedure.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. Gibson)said, that when the Bill was introduced it did not contain the appeal sub-section, which gave the Court of Appeal jurisdiction on a Writ of Error, in criminal cases, from the Queen's Bench Division. The intention was to assist the requirements of the humble classes of suitors, who could not afford the cost of carrying their appeals to the House of Lords, and it did that by preserving the operation of 11 & 12 Vict., c. 78, which had worked extremely well. By that provision, if the Judge found that a legal point of unexpected difficulty had arisen in the course of the proceedings in a criminal case, he had the power of reserving the point for the consideration of the Court of Crown Cases Reserved sitting in Dublin. That proceeding this clause sought to preserve, and it went further than the Amendment now proposed.
§ Amendment, by leave, withdrawn.
§ Clause agreed to.
§ Clauses 49 and 50 agreed to.
§ Clause 51 (Costs.)
§ MR. LAWmoved, in page 34, line 15, after "that" to insert— 1538
("subject to all existing enactments limiting) regulating, or affecting the costs payable in any action by reference to the amount recovered therein.")His object was to preserve those statutory safeguards against bringing vexatious actions in Superior Courts.
§ Amendment agreed to.
§ MR. MELDONdesired an Amendment in the clause. He said the principle of the clause was a most vexatious one, and had been introduced into the English Judicature Act, and he certainly did not like giving Judges a discretion as to awarding costs. The rule was that a successful party was entitled to his costs, and to allow a Judge to adjudicate upon the costs, no matter what was the result of the trial. But he feared that he would be unsuccessful. He proposed that a Judge should only have discretion "under special circumstances," and for good cause shown.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. Gibson)said, if a Judge exercised his discretion as to the costs against the verdict of the jury he must state the "good cause," and there upon the Court of Appeal could review that decision. That course worked satisfactorily in the English Bill. He thought the words proposed by the hon. and learned Member unnecessary.
§ MR. LAWwas afraid that the hon. and learned Member for Kildaro did not give sufficient weight to the words '' good cause shown."
§ MR. CHARLES LEWISsupported the Amendment.
§ MR. BUTTpointed out that the words "for good cause shown," were not necessary to be stated by the Judge, and he had never known it done, and he had had some experience of the practice.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. Gibson)said, that the Judges had to show good cause in order that their decision might be reviewed in the Court above.
§ MR. LAWsaid, the learned Judge could only give costs apart from the verdict for good and sufficient reason. The clause was an exact transcript of the clause of 1855, placed in the Bill of 1875, and now inserted here.
MR. P. MARTINsuggested that the Judge should be bound, if he refused to grant costs to the successful suitor, to 1539 state in the order he made the reasons he had for withholding costs. This would be a safeguard against a capricious exercise of the discretion proposed to be given, and in case of an appeal would facilitate the revision of any order made without good cause in the Appellate Tribunal. In the Act which constituted in Ireland the Landed Estates Court it was expressly provided that if the Judge did not order costs to be paid by a party unsuccessfully making or resisting an application he was bound to state his reasons on the face of the order. The clause of the present Act ought to be amended by the insertion of a similar provision.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. Gibson)said, when the Amendment was disposed of he would be inclined to consider it.
§ MR. BUTTsaid, he was decidedly against the clause. If the Judges could use this discretion they would destroy trial by jury altogether. If the Judge charged the jury in one way, and the jury decided against him, the learned Judge might, from irritation, do an injustice, by giving or withholding costs. It would be better to set out the reasons in the order.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. Gibson)accepted the suggestion of the hon. and learned Member, and agreed that the statement of the "good cause" on the face of the order might be worked without inconvenience.
§ MR. MELDONdid not think that his words, "under special circumstances," made the discretion more general, for he left the words for "good cause" still standing.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. GIBSON)would accept the alteration suggested, and alter the clause by striking out the word "good," and leave it for "special cause shown and mentioned in the order."
§ Amendment, by leave, withdrawn.
§ Clause, as amended, agreed to.
§ SIR COLMAN O'LOGHLENmoved, in page 34, line 19, after "Divisional Court," to insert—
And Provided also, That in all actions for libel where the jury shall give damages under forty shillings, the plaintiff shall not he entitled to more costs than damages.1540 His object was to assimilate the law as to libel with the law which for a long period had been in operation with regard to slander, and which had worked extremely well.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. Gibson)had no objection to the Proviso on principle, but he suggested that his right hon. and learned Friend should add the words—
Unless the Judge who tried the case should order that, having regard to all the circumstances of the case, he should obtain the costs of the action.
§ MR. M'CARTHY DOWNINGsaid, this would not meet the object of the Amendment, which was to ensure that where a jury said a plaintiff was not entitled to more than 40s., then a Judge shall not override the opinion of the jury by a decision as to costs.
§ MR. BUTTalso objected, stating that it would be placing a discretion with the Judge which the law never intended he should have.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. Gibson)consented to the Amendment, reserving to himself the opportunity of making a further Amendment on the Report.
§ Amendment agreed to.
§ Clause, as amended agreed to.
§ Clauses 52 to 57, inclusive, agreed to.