The Gazette 1908-9

The Gazette of the Incorporated Law Society of Ireland.

[DEC., 1908

greatest measures that have been passed in this country since the Reform Bill of 1832, and will always be regarded as a great act of statesman ship, and reflects credit upon Mr. Birrell's courage, ability, and determination. Let us hope that in time to come a healthy spirit of rivalry and emulation will spring up between the several universities and their colleges, which will prove of advantage to each. We were greatly gratified at .the appointment of Sir George Roche and of Mr. Martin upon the Dublin and Belfast Senates respectively (hear, hear). A Bill was introduced this Session, at the instance of the Recorder of Dublin, to im prove the procedure and make better provision for the discharge of the business of the Civil Bill Courts of the City and County of Dublin. The draft of the Bill was submitted to the Council, who suggested some amendments, most of which were incorporated in the Bill. The Bill was introduced by Mr. John Gordon, M.P., and supported by Mr. Nannetti, Mr. Harrington, B.L., Mr. Field, and Mr. Waldron, the four Members of Parliament for the City of Dublin. The Bill contained eleven clauses dealing' with useful reforms in procedure and other matters, but unfortunately it did not reach a second reading. A Bill also was introduced in the House of Commons in the present Session by Mr. Rendall, M.P., a member of the solicitors' profession, having for its object the codifi cation of the law relating to private trusts, and read a second time, and committed to a Select Committee consisting of eleven members. The Bill purports to codify the existing statute law upon trusts, and also to enact and codify existing case law upon the subject. The Select Committee having con sidered the Bill, which consisted of 116 clauses, made a special report upon it last July, and early in August we received a letter from the Attorney-General, enclosing a copy of the Bill and a print of the special report, intimating that he would be glad to lay before the Com mittee in October any alterations or extensions in the Bill which the Society might suggest. The consideration of this Bill was referred to a Special Committee of the Council, who held several meetings, and a report on the Bill was sent to the Attorney-General. We have sug gested to the Railway and Canal Commission that proceedings by a Government Department before' the Commission in which purely Irish interests are affected, should take place in Ireland, and we have reason to hope that effect will be given to our request.

We have continued to issue our monthly Gazette to members, and we believe it is much appreciated, containing as it does particulars of the work the Council is carrying on (applause). MR. GEORGE COLLINS, Vice-President, seconded the resolution. MR. JAMES BRADY thought the Society should congratulate itself on the record of the year's work so ably performed by the Council. He thought the conduct of the Local Govern ment Board in their attempt to deal with the question of solicitors' costs under the Labourers Act was deserving of the severest condemnation by the members of the. solicitors' profession. It was with pleasure he read in the newspapers a few days ago a decision of the King's Bench Division upsetting the dictum laid down by the Local Government Board with reference to costs of solicitors. Regarding the practice and procedure of the Civil Bill Courts in Ireland, there was no doubt there was room for improvements, and even under existing statutes he thought many such could be achieved. The public were really more concerned with that subject than the legal pro fession ; and so long as the public tolerate the existing unsatisfactory condition of affairs, he, personally, could not conceive why either branch of the legal profession should trouble themselves about the matter, except when questions arose relating to their fees and costs for the work performed by them in the conduct of their business in such Courts. So far as the Recorder's Court in Dublin was concerned, there was no doubt a great amount of work had to be performed by the presiding Judge, largely due to the considerable increase in its jurisdic tion within recent years ; no facilities appeared to be given by the Treasury to perform the work adequately, and the natural result of such a short-sighted policy was the existing con gestion. He thought it would materially assist the business of the Recorder's Court if there was an extended jurisdiction, up to £$, con ferred on the Court of Conscience, with its President a lawyer. He thought the action of the Council in making their annual dinner a gathering of an exclusive character was repre hensible, and that it should be open to all those who were members of the Society who desired to attend. He considered some steps should be taken by the Council to deal with the grievance under which from time to time solicitors and their clients suffered, owing to the difficulty they experience endeavouring to get counsel to be present in Court when the