The Gazette 1908-9

DEC., 1908]

The Gazette of the Incorporated Law Society of Ireland.

cases they are briefed in were called on. In many instances recently which had come under his notice, cases had been struck out, with costs, to be borne by the solicitor or his client in consequence of the absence of counsel. MR. DAVID A. QUAID said they only had the good fortune to meet there twice a year ; but he was quite certain the President and Council were only too pleased to hear expres sions of opinion from general members of the Society. He thought it was a great disadvantage that in the zealous, earnest work of the Council in the interests of the profession, they had not the advantage of consultation from time to time with the members of the Society instead of only seeing them there twice a year, when they, so to speak, showed themselves as a mirror to the public. He thought the time had come when it would be a very desirable thing for the Society as a whole to consider whether at these two annual meetings there should not be one part of the meeting reserved for free and uninterrupted discussion with regard to the affairs of the profession altogether outside the observation of the public. It was not by how they acted there that the public would be impressed. The public would be impressed by the individual actions of the members of the profession acting professionally ; and he respectfully submitted that at their half- yearly gathering's they ought at any rate to have an opportunity of speaking freely, and without having the public to concern them selves with what they said. There were at least 700 members of the solicitors' profession in Ireland who were not members of the Society. That was attributable, to his (Mr. Quaid's) mind, to the fact that the Council was not in touch with the general body of the members. There were many things which the members would not care to discuss in public; and he would suggest, for the consideration of the Council, that at least the concluding por tion of their meetings should be reserved exclusively for members to discuss matters that were of great importance to them collectively and personally. If they did that, they would find there would be a free exchange of opinion, and that the Council would be convinced there was something radically wrong when 700 members remained outside. He did not suggest the Council were not doing their very utmost for them ; but he submitted the Council were not close enough in touch with them, as to the wants of the general body of the pro fession. He regarded the intrusion of clerks of the Rural District Councils throughout the

country into their domain in the way of con veyancing as a most serious thing, and it had been connived at and encouraged by the Local Government Board and their Auditors (hear, hear). Until the Council forced their con clusions upon the Governmental bodies, they would find there would not be that concession to their legitimate claims which there should be. He observed, too, from the report, that the thanks of the members were to be given to the Executive Government for at last de ferring to the absolute right of the profession to be represented amongst the resident magis trates. Practically there were only three solicitors amongst the resident magistrates, the others being ex-military officers, Dis trict Inspectors, and others of whose legal knowledge the Lord Lieutenant was satisfied ! He did not think they ought to thank the Executive Government for having made the two appointments—they ought to urge upon them the absolute necessity of making further appointments (hear, hear). Then again, where proper cases of personal grievances were brought before them, the Council should ener getically direct their attention to defending every individual member of the profession whose personal rights or privileges were pre judiced in any way (hear, hear). That was going on all over the country in courts of petty sessions and elsewhere. SIR GEORGE ROCHE. in supporting the adoption of the Report, said he thought some further information should be given about the proceedings taken against the Local Govern ment Board.. He contended all through with the Rural District Council and the Local Government Board that the whole proceeding was illegal, but he could get no satisfaction. In the end, ex gratia, they gave him particulars of the deductions, which were measured in a way that certainly was not according to any exist ing- scale. He accordingly obtained a condi tional order for cerliorari, and the case was very thoroughly argued, and judgment was given the other day. He did not intend to trouble them with the judgment of the different Judges. The Judges unanimously held that there was no taxation, and they quashed the certificate with costs. One of the Judges, in giving judgment, said : " I decline to put upon the section a construction which it does not necessarily bear when the result would be the abrogation of clearly defined statutory rights by legislation so obscure that the eminent counsel for the Board are unable to agree as to its mean ing." The other point which was mooted, but