The Gazette 1907-8

[DEC., 1907

The Gazette of the Incorporated Law Society of Ireland.

64

members who practised in that Court—a want of care and attention which one could not well understand. As Mr. Byrne very properly said, trades union organizations looked after their interests ; and, owing to the interest they took in each other, they became a force in the community. If they, the members of the solicitors' profession, did not follow more or less on the same lines, they might expect to be treated as the Local Government Board had treated them in refusing to receive a deputa tion from their organization—and that was really a nice state of affairs to exist in the country (hear, hear). Some effort ought to be made to teach that Board a lesson, at least in gentlemanly behaviour. The change of the business from Kilmainham was really one for the public more than them. Personally speaking, he did not care where he was brought to practise in his profession, pro vided he was paid for it; so it was immaterial whether they should continue to remain in Kil mainham or go to Green-street. It was a matter for the public ; and if they thought the change essential, they could bring pressure to bear on their Members of Parliament to have the altera tion carried out without delay. There was another matter he wished to say a word about. He thought it would be in the interest of the public if they could have a shorthand writer or member of the Institute of Journalists attached to the Courts. It was a matter of deep public concern, and ought to be considered by the Council. And for this reason : many cases of great public interest and of deep importance to the litigants were heard in the Courts, and ex amination and cross-examination took place. Disputes arose between the learned Counsel on either side, and sometimes they actually questioned the^accuracy of the Judges' notes in regard to examination and cross-examina tion. In these cases the notes taken by the Judge, and by Counsel, subsequently became of great importance in after-arguments and the decisions thereon; and it would be to the interest of litigants and the community if they could get the Treasury to consent to the appointment of such an officer as he suggested. If such an official were appointed and paid by the Treasury, he could be called on by the Judge to take notes of the evidence required. Subsequently, if desired, transcripts could be furnished to the parties requiring them, at the usual charges. Of course, which ever litigant succeeded in his case should be awarded the costs of the notes. Very often difficulties arose, and parties might suffer a

little injustice by errors which must necessarily occur during a heated examination or cross- examination of a witness. If a shorthand-writer were placed beside a witness, as was the case in the Probate Court, it would end all con troversy, and would be not alone of advantage to the profession but the public generally. This was a matter of interest to the profession, and after drawing attention to it, he willingly sup ported the adoption of the report which tho President had so ably proposed (applause). MR. M. J. BYRNE said that observations had been made which did not affect him per sonally, because he had always been a member of the Society. He had himself spoken to several members of the profession down in the Kingdom of Kerry, and urged them to join the Society; but he found there was a general feeling that the Council did not appreciate the diffi culties that arose in the country, and that country practitioners were not in touch with the Council. They had to deal with a very different state of things here from that in the country, and those in the country rather looked to the Council for advice. They would be glad to get that advice on questions of professional etiquette; also on questions of fees, and on other questions that arose in their daily practice. He would give them one case in point relating to conveyancing business. On a sale of lands purchased under the Land Purchase Acts, Stamp Duty was calculated on the price paid plus the redemption value of outstanding pur chase instalments; and it was felt down in the country that that was a very great hardship (hear, hear). Letters had been written to the Society on the subject, and the matter had not been taken up. Referring to the rules under Labourers Act, he said it was felt that the Incorporated Law Society was not a very potent force. That was, perhaps, one of the reasons why country members of the profession did not join as largely as they might otherwise. They had a local society in Kerry, and they asked if there was no provision in the rules by which country societies might be recognized. He believed there was not such provision. There was just one other question he would like to say a word on, and that was the question of land purchase delays. There was no doubt this was most deplorable, and that it created the greatest unrest in the country amongst both tenants and landlords, so much so that he had been advising landlords not to sell as things at present stood, because it meant that they parted with all control over their properties for six or seven years, and then