An inquiry into taxes on law proceedings in Ireland

Abstract

That the machinery of our present superior courts is too cumbrous, dilatory and expensive, is unquestionably true; it is true also, that an endeavour should be made to have the administration of justice effected with the greatest degree of cheapness and expedition, provided that, in the pursuit of these objects, others equally essential be not sacrificed or impaired. For some time past the desire for law reform on the part of the public has been directed towards the extension of the jurisdiction of county courts; so as to make these courts absorb all, or the greater part of, the litigation of the country. This tendency, on the part of the public, is a natural and inevitable one. Finding justice administered in these courts so satisfactorily in matters of trifling value, and by a proceeding so quick and inexpensive, it is reasonable that they should ask themselves, why the same simplicity of procedure might not suffice for the settlement of any question, however large. The answer is, that there are other requisites to judicial decisions besides mere speed and cheapness. Unquestionably, with respect to the mass of the small transactions of a country, these qualifications overbalance every other, for whatever the adjudication may be, men desire to have it at a less cost in time or money than the matter in dispute is worth.