The Gazette 1927-30

JUNE, 1929]

The Gazette of the Incorporated Law Society ot Ireland.

I have been present at twenty-eight meetings of the Committees of the Council on various topics referred to them, and the Court of Examiners have held four meetings. The Rule-making Committee of the Supreme and High Courts are at present deliberating on certain subjects which, when determined, will, I believe, make matters of practice in those Courts more up-to-date and expeditious, though it is no secret that delays are still occasioned in the extraction of Orders, chiefly owing to inadequate or insufficiently skilled staffs, and it does not seem possible to remedy these matters owing to the insufficient allowance made by the Ministry of Finance. Some of the enormous amount spent annually on compulsory Irish might usefully be employed in bringing our High Court Office work to a more efficient standard. The Circuit Court Rule-making Committee is still at work upon completing the new set of Rules, and it may be found that the wise course for the working of these Courts is to adopt where possible the old framework upon which the County Court existed, while bringing the Rules into conformity with present-day requirements, having regard to the extended jurisdiction up to ^300. It is hoped to have the Rules signed in time for their passing the two Houses of Parliament before the Long Vacation. I take this opportunity of extending congratulations to the Circuit Court practitioners and respectfully complimenting our Circuit Judges and the County Registrars for the happy experience arrived at in the almost perfect working of the practice of those Courts in the interim, during which they are carrying on without any Rules except those of common sense and a desire to make harmonious and efficient working go hand in hand, by reason of which litigants and profession have not suffered in the absence of hard and fast Rules. The delays in the Circuit Court have to a very large extent been remedied owing to the appointment of additional Circuit Judges both for the Metropolitan Circuit Court and on other Circuits, which appointments may have been in some measure due to the suggestions made by us to the Government, based upon the experience of the Solicitors

practising in this Court.

In a short time all

arrears will be worked off. I take this opportunity of reminding my professional brethren that the Council are ever ready to receive suggestions for the more efficient working of the judicial system, and in every case I can promise on behalf of my Council a sympathetic deliberation and a wise determination for the good of the profession and the benefit of our country. The question of the payment of Licence Duty both in Northern Ireland and the Irish Free State by those members of the Society practising in both States, has exercised the minds of your Council, and representations have been made to the Ministers of Finance of both countries, which, I hope, will in the near future permit those entitled to practice in both places to do so on the payment of one duty. The President of the Incorporated Law Society of Northern Ireland has ably assisted our efforts in this respect. Your Council had their attention directed to the objectionable practice of a Collector of Income Tax when suing in person claiming professional costs on obtaining a decree in the District Courts, and on representations made by them I am satisfied the practice will be discontinued, but should any isolated case occur, we shall be glad to have such brought to our notice. You are all aware of the very objectionable provisions of what has come to be known as the Compulsory Irish for Lawyers Bill, and I think it right that you should know the histor}' of the attempted passage of the Bill. The document was introduced into the Diiil and received its second reading by a majority, the voting being 110 to 17. Having gone to Committee certain amend ments were brought forward by our member, Mr. J. Travers \Volfe, and after scant impolite discussion these were, metaphor ically, torn up and thrown in our faces. The Bill itself may yet be torn up by the promoters. The Council having considered the position of the profession concluded that the question was so serious for the future of the profession that a Special General Meeting of the Society should be made acquainted with the impossible and ridiculous provisions of the