MUNICIPAL CORPORATIONS IN IRELAND.
39 CORE,'
v potter under the Act to depart from the returns so made and verified; yet the grand jury
CITY 0F C0RK* fate recently appointed an officer, called the superintendent of the parish constables, at a salarv of £40 per annum, to chock and alter those returns, and the treasurer is governed in theiiuino-of his warrants to the collectors, by the returns so altered by this officer.
71.
The Local Courts in the city of Cork, connected with the corporation, are the Mayor Local Courts.
and Sheriffs' Court, the City Sessions Court, the Court of Conscience, and the Police Office, or Magnates' Court.
72.
The Major and Sheriffs' Court was originally held before those officers as judges; but Mayor and Sheriffs' bv the 11, 12 Geo.
III.
c.
18, the recorder, or his deputy, being a barrister of three Cou.rt-
\ ears' standing, was made judge of the court, and authorized to sit alone.
In his absence, the Jurisdiction and mat or and one sheriff are necessary to constitute a court.
The court at present sits once a week.
It has Jurisdiction in all personal and mixed actions, except replevin and ejectment, in pleas to am, amount.
It is a Court of Record, and the pleadings are as in the superior courts.,
the rules running from court day to court day.
There are three modes of commencing a suit, \iz.,
serviceable writ, bailable writ, which is also called action, and attachment against goods.
Those seteral writs must be served or executed within the limits of the county of the city; and before any of them issues, an affidavit must be made, either that the cause of action arose.,
or that the defendant resides, within the jurisdiction.
For the purpose of issuing a bailable writ, or an attachment against goods, the affidavit must further state, that the debt is due, which, in cases of arrest, must now amount to £20, and in case of attachment of goods, to 40s.
Irish.
If bail be put in, and the case is not defended, execution may be had in three weeks after the return of the process.
If bail be not put in, it may require five wreeks.
When the case is Duration and defended, and an issuable plea put in, a trial and execution may be had in three weeks.
If Costs of Suits in.
other pleas be put in, the time must be longer.
The Costs of an undefended Cause, between party and party, are about £8.
If defended, and a trial had, about £14.
There is some difference in the costs, according to the amount of the debt recovered; the fee allowed to the attorney for attending the trial, or speeding a writ of inquiry, being graduated according to the amount of the debt, the smallest sum being bs.
8d.,
the largest, two guineas.
The present table of costs was revised, with the sanction of the court, by the late town clerk.
The present town clerk, and some of the practitioners in the court, think it too high, and a reduction is contemplated.
A copy of it is hereto annexed.
73.
The business of this court has much declined within the last twenty years.
In 1812, Number of Causes.^
the Number of Writs for commencing Suits issued was 1186.
In the ten years ending 1812, there were 9470 writs issued.
In the same numbei of years ending in 1822, there were but 6566, and in the same number of years ending in 1832, but 3089.
74.
Cases are frequently removed to the superior Courts by habeas corpus or certiorari, Removal to superior for the purpose of delay, and are generally returned by procedendo.
In the ten \ears ending Courts.
in 1832, the proportion of writs issued, to judgments obtained, was as 1 to 40.
The great majority of cases are settled on the issuing ofthe process, the costs of which are £1 10s.
The serjeants at mace strike and summon the juries, which are always composed of respectable citizens, and their verdicts give general satisfaction.
/5.
Causes to so large an amount as £6,000 or £7,000 have been entertained in this Importance of court.
Attorneys must be admitted of the court before they can practise in it, and pay a fee Cases.
of £2 26.
to the town clerk, besides the usual stamp duty.
In the year 1833, twenty-three Attorneys, had taken out their licences and practised in it.
The pleadings must be signed by counsel, and there is a respectable local bar regularly attending the court.
Of the excellent judge ^no presides, we have already spoken.
Altogether, this court is admiiably constituted; and the citizens of Cork have great advantage over the inhabitants of most other places, in having a tribunal in their city where justice can be so readily and satisfactorily obtained.
Some faults however appear to exist which require correction, and some deficiencies it would be desirable were supplied.
Of the former, the length and intricacy of the pleadings, and the great amount ofthe costs, are the principal; and of the latter, the want of a civil bill jurisdiction, and of a power to try ejectments, is most felt and complained of.
/6.
The assistant barrister for the county has jurisdiction within the county of the city, in Improvements an cases within the limits of the Civil Bill Acts, and can try ejectments for nonpayment of suggested.
h*\i°l a£a"lst overholding tenants for lands and premises lying within it.
His sessions are neid, however, but once in the year in the city of Cork, and that in the month of September, «uch is shortly before rent becomes due ; and if a party wishes to avail himself of this court « any other season ofthe year, he may have to go himself, and take his witnesses to a town, F laps twenty miles off, whilst he might have the opportunity, and there seems no good reason eiJf-nshould uot* of availing himself of the assistance of a court sitting weekly within the tt^rully competent to try such cases.
Ji; TlJe City Sessions Court is held quarterly, before the justices of the peace for the Court of City HUh
the City" The reeoi'dor is^ der the local Act before referred to, empowered to Sessions, b?
th iCTrt al°ne" anci in general is tho 01lly Judge presiding.
A grand jury is returned 3 « clerk of the peace to serve for the entire quarter, and the court sits weekly.
»W vJ* Number of Prisoners tried at the four sessions in the year 1831 was 345, of Number of Cases.
conrict i I'-rf6 f°r felonies> and i5S for misdemeanours.
Of the prisoners tried, 244 were fraasDort l
°f felonies> and 94 of misdemeanours.
Of those convicted of felony, 41 were andim?-
' and ^ others, with those convicted of misdemeanours, were punished by fine u ifflprisonment.
