The Gazette 1927-30

JUNE, 1928]

The Gazette of the Incorporated Law Society of Ireland.

represented on a joint deputation to the Minister for Justice with representatives of the Standing Committee of the Banks and the Council of the Chamber of Commerce. The deputation urged upon the Minister the importance of maintaining the jurisdic tion of the Master as fully as possible under the Courts of Justice Act, and the Minister undertook that this and the other questions discussed with him would have full con sideration. The Bankruptcy Commission has com pleted its Report so far as the Bankruptcy Laws are concerned, and the Report has been forwarded to the Minister for Industry and Commerce. At the request of the Chairman of the Committee further evidence was given "by two Members of the Council. It is hoped that legislation will be introduced as soon as possible to carry out the recommendations of the Commission. A Bill to enable Grants of Probate to be made to Bodies Corporate has been promoted in the Senate. Your Council considered same fully, and decided that the provisions of the Draft Bill did not protect the public sufficiently. Representatives of the Council appeared before the Committee of the Senate and put forward the views of your Council. Amendments were made which vour Council consider do not remove the defects of the Bill. The Senate have adjourned the report stage of the Bill for a further period to enable the matter to be more fully con sidered, and it is hoped that the recommenda tions of your Council will be adopted. Representations were made to the Land Commission to provide that owners of head rents should get notice of the fixing of the appointed day. Arrangements have now been made in cases where, on the publication of a Final List, Section 24, or the making of a Vesting Order, Section 36, a Statement of Ownership has been filed, to send notice of payment of the purchase money into Court to claimants and other persons who have entered appearances in the matter. In Section 24 cases a copy of the Final List will be served as notice, and in Section 36 cases a notice in express terms will be sent. We are indebted to the Land Com­

mission

for

the manner

in which our

suggestions were met. Considerable dissatisfaction has been ex pressed with the delays occurring in the Circuit Court, especially in Dublin, where the volume of business is far too la/ge to be dealt with by one Judge. The Civil Cases are getting very much into arrear. A temporary appointment of an Assistant Judge was made, but the term for which he was appointed has expired, and unless steps are taken to deal with the arrears by the appointment of an additional Judge, it is feared that a very unsatisfactory condition of affairs will arise. Complaints were made to your .Council on several occasions of the delays that occurred in the issuing of orders and copies documents in the High Court. I interviewed the Master of the High Court on the subject. It was admitted that delays had occurred owing, it is alleged, to the insufficiency of staff. I have been informed that additional staff has been recently appointed to the Copying Office, which will help towards expediting the work of the office. With regard to the congestion of the business in what was formerly the Chancery Division, it is quite evident that the Examiners, excellent officers as they are, are unable to cope with the work. Members of the staff who have retired since the Courts of Justice Act came into force, have not been replaced, although the Minister has been urged strongly to do so, and at the present time the staff is less than that provided for in the estimates for the year. As a result of this, I understand the Examiner's Office is on the verge of a complete breakdown, and the inconvenience and loss caused to litigants is incalculable. It is hoped that early steps will be taken to remove the very serious conditions prevailing in that office. In conclusion, I desire to say that my observations are not intended as adverse criticisms, but are intended to assist the efficient working of the new system set up under the Courts of Justice Act. Sir George Roche having made some observations in reference to matters of legal procedure, the proceedings terminated.