LORD ORANMORE AND BROWNEasked Her Majesty's Government, Whether the Lord Chancellor of Ireland, or any other authority, save the magistrates of the district, have power to make regulations for procedure in petty sessions courts in Ireland; and, if so, under what Acts; if so, have any Rules of Procedure been issued and circulated; whether any of those rules prevented any one, save complainant or defendant or a solicitor, from appearing for complainant or defendant; if so, considering that frequently no solicitors live within a long distance of petty sessions courts, and consequently their fees are large, whether Her Majesty's Government do 802 not consider that this is in many eases a harsh and injurious rule that should not be enforced?
§ LORD CARLINGFORD (LORD PRESIDENT of the COUNCIL)said, that under one of the Acts dealing with summary jurisdiction the Lord Lieutenant had the power to make general rules to carry into effect the provisions of the Act. He could not find that any rules had been made on this subject. The fact appeared to be that the matter did not depend upon rules, but upon Statute Law. The restriction of the right of any absent party to appear by others seemed to depend upon Statute Law. The Petty Sessions Act of 1851 provided that parties might have witnesses examined and cross-examined by counsel, or by attorney on their behalf. The Act also provided that a party might appear in person or by agent. An Act of 1882 provided that "agent" should include father, son, husband, wife, or brother, if the permission of the Court had been obtained. Beyond this he did not find that it was open to other than professional advocates to appear; and if the doors were opened wider there would be a danger of a class of persons springing up who might abuse the privilege, and whose conduct in the end might be injurious to the poor clients by whom they were employed.
LORD ORANMORE AND BROWNEwas understood to say that formerly it had been within the discretion of the magistrate to hear anyone appearing for a complainant or defendant; and without this privilege of being represented by a friend the poor people might as well be deprived of petty sessions for the hearing of petty cases.
§ LORD CARLINGFORD (LORD PRESIDENT of the COUNCIL)said, the magistrates were always ready 10 adjourn cases to allow further evidence to be given rather than do injustice to anyone; but as to the meaning of the word "agent," he could not add anything to the definition of the Statute Law.