§ MR. O'HEA (Donegal, W.)
asked Mr. Attorney General, If a County Court Judge is empowered to refuse to hear any accredited representative in the employ, permanent and exclusive, of any party to an action, whether such person can prove his case or no by his own evidence; if any County Court Judge can refuse to hear a person as a witness, on the grounds that the plaintiff to an action does not attend the Court, and refuses to instruct an advocate; and if Order 51, Rule 1, of the County Court Rules, 1886, permits a person so situated to attend and conduct any action, either before the Judge or the Registrar; if attention has been drawn to the action of the Suffolk County Court Judge at the Court holden at Stowmarket on the 21st July, 1887, when, owing to the absence of the plaintiff in certain actions, who was travelling in Scotland and knew nothing of the subject-matter of the various suits, the causes were dismissed; whether the Treasury have intimated to all Court officials, by circulating a copy of Judge Lushington's Judgment in re Appleby, 5th April, 1887, that it is desirable permission be given to certain persons, in the absence of any party to an action, to represent such person or persons, as the case may be; whether the tenth section of the Act of 1852 enacts that, by permission of the Judge, 555 any person may address the Court; and, if the facts are as stated, whether an intimation will be conveyed to the Suffolk County Court Judge, pointing out the necessity for permitting duly-qualified servants to represent and protect their employers' interests at all Courts holden within his jurisdiction?
§ THE ATTORNEY GENERAL (Sir RICHARD WEBSTER) (Isle of Wight)
The practice in the County Courts is perfectly well settled, and under it a party, his wife, a member of the family, and clerks, servants, or agents in the regular employment of parties, are permitted to appear on their behalf, although such persons may also be witnesses; but neither the statute, the rules, nor the practice permit a person who is not in the regular employment of the party, or is not a solicitor, to appear as an advocate of the party. My attention has not been drawn to the case in the Suffolk County Court referred to by the hon. Member. The practice, which is correctly laid down in the Judgment of his Honour Judge Lushington, is, I believe, well known to all County Court Judges; and there is not, in my opinion, any necessity to make any representation or intimation to his Honour the Judge of the Suffolk County Court.