The Gazette 1907-8

The Gazette of the Incorporated Law Society of Ireland.

[DEC., 1907

62

Government Board, simply to secure business which legitimately belongs to some one else. I cannot think it is in the interest of anyone that such solicitors should be employed. You will observe that a Bill was introduced at the instance of the Recorder of Dublin, to extend to other actions in his Court powers which he has in Equity suits, and for other pur poses, which was approved of, subject to some modifications in regard to which they were most fairly met by the Recorder; but, unfortunately, the Bill was not read a second time. I gave evidence on behalf of the Society in London before a Committee, sitting to inquire into the Bankruptcy Laws, the general line of my evidence being that 'tis better ' bear those ills we have than fly to others that we know not of,' and I don't think you need fear any immediate legislation for Ireland on the Bank ruptcy laws, which, as far as T could gather, are worked on a much better system here than in England. We have to mourn the loss of Mr. Daniel Murray, who was for many years Provincial delegate from Ulster; and we also deeply re gret the death of Master Goodman, who was our special examiner since 1866. We have this year followed the example of the English Law Society in issuing a Monthly Gazette to our members. It is a new venture, and I hope it will prove useful. We invite members to send for publication notes of cases report which I need not specially refer to. The year has not been an idle one. For our successes you have not to thank me, but your Council, who have been indefatigable in their attention to the work of the Society ; while the hearty co operation of your two Vice-Presidents made my work a pleasure even if at times I felt it somewhat onerous. MR. JAMES HENRY, Vice-President, said it devolved upon him to second the adoption of the report. After the very full and lucid explanation they had got of the report, he thought it inadvisable that he should go into it in any detail at all. He should only - say that if the Council during the year had done no other service to the profession than the restoration of the office of Chief Clerk, and that of Solicitor to the Inland Revenue, to the solicitors' profession, it had done a good year's work. ,MR. GERALD BYRNE said it occurred to him that the very first paragraph in the report should be considered by the members of the likely to interest the profession. There are minor matters in the

solicitors' It showed that out of nearly 1,500 practising solicitors in Ireland, only 729 are members of the Society, and, notwithstanding the agi tation for alteration in the Council made last May, and again brought forward at this meeting, less than half of those members have availed themselves of the opportunities of voting for members of the Council of the coming year. This spoke badly, in his opinion, for the interest taken by the profession gene rally in their own affairs. The commonest tradesman in the country took more interest in the management of his affairs than do the solicitors. The next part of this report he wished to touch on was that with which he was closely connected. He regretted the Bill which was introduced by Mr. Harrington, Mr. Gordon, and Mr. Waldron, to amend the Civil Bill procedure in the City of Dublin was not given a fair consideration. Practitioners who are engaged in the Recorder's Court of Dublin are fully conscious of the great difficulties in the way of collecting honest debts. He had urged the question of interpleader over and over again ; and he hoped his efforts would not be altogether in vain, and that soon they would have some remedy for this bad state of affairs. Again, he would urge the abolition of the practice whereby through use of a default process the defendant was supplied with a notice which he had only to tear off, and send to the Clerk of the Peace to nullify the affidavit which had been made by the plaintiff, who possibly lived miles away, thereby com pelling the plaintiff if he wished to get a decree to attend personally, and give oral evidence in Court of what had already been deposed to in his affidavit. Affidavits should be permitted to be used in the Court to prove matters such as signatures to deeds, Bills of Exchange, or matters of that class, and to render unnecessary the attendance of witnesses in Court to prove them. He considered a seal would, if used bv a responsible officer, save time, and also that the limitation for appeal should be four days from the date of pronouncing the decree, and not from the termination of the Sessions, which sometimes lasted for a few weeks. This should only apply to the City of Dublin, because difficulties might arise where in country places solicitors had to go from one Quarter Sessions district to another, and could profession with great care.