The Gazette 1908-9

67

The Gazette of the Incorporated Law Society of Ireland.

DEC., 1908]

presided over at present by a gentleman who was not a professional man. Until the Court of Conscience provided itself with a pro fessional man as President—one who was not appointed from year to year, but was per manently appointed by the Government at a proper salary, and until the Court was made a proper Court for the purpose of levying decrees and executing its orders, so far as he (Mr. Byrne) was concerned he would not give it countenance or support. They on the Council had discussed this matter over and over again, and sought that there should be a proper President appointed, not from year to year by the votes of ^anybody at all, but by the Government. The moment they did that they were faced with the Treasury, and their ex perience was that the Treasury would not give any money to increase salaries. But he would be against extending the jurisdiction unless a proper appointment was made. The Council had fallen in with that view, whether rightly or wrongly. The Report was adopted. The Voting Papers. MR. ROONEY moved :—" That this meet- ' ing are of opinion that the voting papers ' referred to in Bye-law 33 of the Bye-laws of 'the Incorporated Law Society of Ireland ' should not contain any matter liable to pre- ' judice any Candidate or affect any Voter, and 'that accordingly Bye-law 33 be amended by ' striking out the following words : ' with the ' names of the respective nominators, and giving ' the number of attendances during the year at ' Council Meetings of any Candidate who is a ' member of the outgoing Council'; and that ' the consequential alterations in the voting 'paper in Schedule C (therein called 'Ballot 'Paper') be made." He said the Bye-laws did not actually state that the Council should be chosen by ballot; nevertheless it was quite clear that the poll should be by ballot. In passing he should like to suggest that the Bye- laws in many respects were not drawn with that accuracy which one would naturally expect from the Incorporated Law Society. The Ballot Act was passed primarily with a view to Par liamentary elections only, but, according to Rogers on Elections, many of its provisions— and particularly those relating to the poll—had been extended so as to apply to municipal elections, elections of members of local boards, members of Improvements Committees, Poor Law Guardians, and members of School Boards. The compulsory application of the Act to elec tions in private companies, clubs, societies,

traders of Dublin might have had the ad vantage of the various items that were set forth. He thought the Incorporated Law Society ought to press that matter a little further, and ought to find out who blocked the Bill, and put the saddle on the right horse. They unanimously approved of it, but it had been blocked by some outsider, and he thought in the interests of the solicitors' profession, the Incorporated Law Society ought to find out who that outsider was, and let the clients know that they (the solicitors) had no act or part in it, and that the Bill met with their unanimous approval (hear, hear). MR. GERALD BYRNE said he had not intended addressing the meeting that day, and would not do so were it not for the fact that the Dublin Civil Bill Court had been mentioned so frequently. As he happened to be one of the members of the Association referred to by Mr. Craig, he wished just to say a few words on the subject. There was no doubt a great congestion at present with reference to the cases to be heard—defended cases—before the Recorder. The Recorder was trying to get through these cases at present. With re ference to the question of amalgamating the ~ivil Bill business of the city and county, he (Mr. Byrne) had always been of the opinion that it would not work well (hear, hear). Dublin County was a very wide district. Take, for instance, down beyond Balbriggan, and up near to Drogheda. That was the northern district, and he thought it would be a monstrous thing to bring these poor people—— MR. CRAIG said he never suggested that Dublin City and County should be amalga mated, nor did the Association either. What they did suggest was that Civil Bills from Kilmainham should be heard at the same time and place as the city, and that equal facilities should be given. MR. BYRNE said that relieved him a great deal. He agreed with Mr. Craig that as far as Rathmines and Kilmainham were concerned, these cases ought to be heard in Green Street. When the boundaries were extended, taking in Clontarf and Kilmainham, he did not see why cases from Rathmines—which was almost part and parcel of the city—should not be heard in the city. With reference to the question of the Court for smaller debts than were heard in the Recorder's Court, his view was as regards the Court of Conscience that it was a very unsafe Court for plaintiffs to have anything to do with (hear, hear). It was

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