The Gazette 1927-30

DECEMBER, 1927]

The Gazette of the Incorporated'"katf Society or Ireland.

handsomely--and even generously—towards us. The new building, which will be for the exclusive use of our Society, will amply provide for all our requirements, and will include a fine hall and library, lecture hall, consultation rooms, offices and all other necessary accommodation. The Ministry of Finance not only sanctioned the employment by the Council of an Architect to advise on the plans and generally to watch the progress of the building in the interest of the Society, but also agreed to pay his fees. Death of Mr. Kevin O'Higgins. In common with nearly every public body and representative association in Ireland, your Council passed a special resolution strongly condemnatory of the vile outrage which deprived our country of the services of a great statesman and patriotic Irishman : I refer to the foul murder of Mr. Kevin O'Higgins. His death particularly affected your Council, because as Minister of Justice he was frequently in communication with them, both verbally and in writing, and they always found him most courteous and willing to consider any representations made by the Coimcil relating to the administration of justice. Courts of Justice Act, 1927. I am glad to say that the representations made by your Council to the Ministry, strongly urging the necessity of continuing the power to appoint temporary assistant judges to dispose of the accumulation of business in some of the Circuit Courts, proved successful, and resulted in the passing of the Courts of. Justice Act,, 1927, which provides for an extension by nine months of the time limited by the Act of 1924, during which the Minister for Justice had power to appoint temporary assistant Circuit Court Judges. The appointment of Mr. Bernard Roche as Assistant Judge in Dublin met with general approval by the legal profession. High Court Rules. In my address to the Half-yearly Meeting in May last I referred to the confusion, annoyance and loss, not only to the legal profession but also to the public, caused by the provisions of the old Order XV., Rules 1 and 2, which required an affidavit showing

that.the plaintiff:.was entitled to the,-relief sought should be served together with-the Originating Summons, and to the decision of Mr. Justice Hanna, the effect of which..was that the affidavit required to be. sworn byithe plaintiff under Order XV. was a plenary affidavit, the same as was required for a Final Judgment Motion under the previous. Rules. I will not refer to this matter furthertfjan.to acknowledge the promptness with,.w.hichi. the Rules Committee acted on the representations of your Council and framed the new Rules, satisfactorily settling the practice. Circuit Court Rules. The Report before "you contains a state ment of the present position with regard to the Circuit Court Rules. You will see that your Council have done their part and finally approved of the, draft. I understand that they are being held up on account, of some points in relation to the question of Counsels' fees, and as the Government have,.noyv adjourned t for a two months', holiclay, the Rules will 'not come into operation.until, well into the New Year.. This is. .much. fib.. |b;e regretted, as the delay is causing mud} inconvenience to the profession. ,v District Court Rules. , Representations were made to your Council, by practitioners in country districts that .i;t was difficult in some cases to have affidavits, for use in the District Courts sworn before a Commissioner for Affidavits -without making long journeys. Your Council drew attention to this matter, and they suggest that it should be; so arranged that these affidavits might be sworn before a Ppace, C'o.runiissipjaer. ..< •• •-•.-.J -.-fii ni aJnrafn Circuit Court:Appeals.,, ),,,;, ,( m;iq In May last I spoke at some length on the, subject of Circuit Court Appeals. Amongst: the objections to the new system, I mentioned the following :— ,/ " That the initial hearing of the Civil' Bill by the Circuit Court Judge now occupied far more time,. to enable the stenographer to take a note of the evidence^' that no shorthand writer, no matter how proficient nv his art, could take a' full'and: accurate ;note of all the evidende, .partis cularly the:- oross^examination --of the witnesses • that the Judges, hearing: the