HC Deb 23 April 1888 vol 325 cc182-3
MR. FLYNN (Cork, N.)

asked Mr. Attorney General, If a County Court Judge is empowered to refuse to allow a clerk in the permanent and exclusive employ of any party to an action to appear and conduct his employer's case; if his attention has been drawn to the conduct of the County Court Judge of Suffolk, at Stowmarket, on the 9th of April, when he refused to allow the representative of Messrs. Lankester and Wells to appear for them, and subsequently ordered the removal of the applicant; if his attention has been drawn to the circumstance that the Judge, at the same time and place, on being asked for permission to issue judgment summonses against debtors residing out of the district in which judgment was obtained, and on production of the usual necessary and duly attested affidavits, is alleged to have refused to look at them, saying, he would do so during lunch time and communicate with the Registrar, and that no notice was taken of them, but an answer sent that their consideration stood adjourned until the next Court; if, considering that the next Court will not be held until the 19th of June, the Government will introduce a clause into the County Courts Consolidation Bill providing that Registrars, upon filing an affidavit as to means by the plaintiff to the action, shall be enabled to issue a judgment summons against defendants residing out of the district in which judgment was obtained; and, if inquiry is being made into the accuracy of the statements contained in the Petition presented on the 5th of March?

THE ATTORNEY GENERAL (Sir RICHARD WEBSTER) (Isle of Wight)

I am informed that the learned County Court Judge of Suffolk at Stowmarket did refuse to allow the representative of Messrs. Lankester and Wells to appear. In doing this he was acting within his rights, and in accordance, as he informed me, with the practice which has prevailed in that Court for upwards of 25 years. The removal from the Court was necessitated by the insolent and offensive conduct of the person in question. The learned Judge refused, on the same occasion, to issue certain judgment summonses, on the ground that the usual and necessary affidavits were not produced. He did not say that he would look at them during lunch time, nor was their consideration adjourned to the next Court. I cannot undertake to introduce the clause suggested, as, according to my present information, no such clause is necessary. I am unable to trace the Petition to which the hon. Member refers.