The Gazette 1927-30

, 1927

fhe Gazette of the Incorporated Law Society of Ireland.

" Remuneration of Official Steflograp'rie'rs attached to the Circuit Court for trie takiiig of shorthand notes of evidence arid' the transcription of same where necessary," arid a sum of £400 is provided for travelling expenses. I think I do not exaggerate wrieri' I s'ay that in only 10 per cent, of the cases heatd by the Circuit Judge are Appeals lodged, and, . therefore, in 90 per cent, of the cases the shorthand notes represent so much money wasted. ; '. There is a rumour that th'efe'is; ail ihte'nticfri to have tnese stenographers placed On trie1 permanent staffj which would' qualify therh for pensions. To do so in fade of the strong condemnation of the systerri throughout the country would be a scandal. Appeals on stenographer's notes have had a fair trial arid have been found wanting, and the system must eventually be altered. Your Council are making alt'erationsjin the Curriculum for the Intermediate and Filial Examinations for Apprentices which will come into operation next year, and which it is hoped and believed will put a check on the Cramming system, and ensure that tile Solicitors of the future will be qualified to maintain our title to be ranked amongst the learned professions. Obituary. MR. MICHAEL C. FEENY, Solicitor, died upon 3rd May, 1927, at his residence, " St. Columb's," Londonderry. Mr. Feeny was admitted in Michaelmas Sittings, 1892, and practised at Londonderry. MR. PATRICK O'BRIEN, Solicitor, died upon the 3rd May, 1927, at his residence, 5 Eyre Square, Galway. Mr. O'Brien served his apprenticeship'with the late Mr. James W. Blake, Galway; was admitted in Trinity Sittings, 1899', and practised at Galway.

to see what' case his opponent was going to make, and then the real trial took place, on the Appeal before the Judge of Assize ; and, he said, one of the objects of the Appeal on stenographer's notes was to put a stop to this abuse. Admitting, for the sake of argument, that the Minister had some grounds for this complaint, the abuse referred to could be stopped by slight amendment of the old system. Speaking for myself only, I would suggest as a remedy that no evidence, either oral' of documentary, should be admitted on the Appeal other than that produced at the hearing before the Circuit Judge without the consent of the Judges of Appeal, and then only for the strongest reasons, and in no cases should the costs of the extra evidence be allowed. The Minister also mentioned complaints had been made that Appeals from the County Court Judges were often rushed, mucn t'o the dissatisfaction of the litigants. The . answer to this is, that if sufficient time was not allowed in the Assize Time Table for the proper hearing of these Appeals (a matter which is easily remedied), the system of Appeals on oral evidence in local venues is not to be condemned on this account. One of the objects of the Courts of Justice Act was to bring the law to the doors of the people throughout the country, but I submit that having Appeals heard in Dublin on stenographer's notes in the presence of Counsel and Solicitor's only, is doing the very opposite to what was intended, and deprives the litigants of the gratification of havirig their cases fought out in their local venues, and of being satisfied that they have had a fair trial. I understand that the Bar Council, after very full consideration, drew up and forwarded to the Minister for Justice a state– ment strongly condemning the new system of appeal, and in which they set out their objections to it, and gave reasons showing how the prestige arid traditions of the Bar were seriously affected thereby. It is advisable that the taxpayers should know the cost to the public, independently of the cost to the litigant, of the staff of short– hand writers employed by the State, for the purpose of these Appeals. In the estimates for 1927-28 the sum of £5,500 is provided for

MR. ALFRED TATLC-W, Solicitor, died upon the 8th May, 1927, at nis residence, 3:-Upper Ely Place, Dublin.