The Gazette 1933-36

The Gazette of the Incorporated Law Society of Ireland

27

DECEMBER, 1933]

down for trial as far back as March, 1933. Owing to Judge Shannon having been occupied with criminal business at Green Street from the commencement of the present legal term, and owing to the fact that Judge Davitt was occupied in hearing the numerous other types of cases, such as Workmen's Compensation Cases, Appeals from District Court, Income Tax Appeals, and Licensing Applications, etc., it has not been possible to list any defended civil actions for hearing until about a week ago. With due deference to the statements of the Minister, I still am strongly of opinion that there will always be an arrear of work in the Dublin Circuit Courts unless two Judges are con– tinually available to transact the civil business there. Court Houses. I have noticed from time to time reports published in the newspapers and in the legal journals of Judges of the Circuit Courts and District Justices having to complain of the unsatisfactory condition of the buildings in which they have to administer justice, and on some occasions the proceedings have had to be adjourned owing to the impossibility of transacting business in these Courts under the conditions prevailing. I think it is of the utmost importance that the legal business of our country should be administered in suit– able surroundings, and that Judges and members of our profession and the public are entitled to proper accommodation. I would suggest that, if there are any further com– plaints, the local Bar Associations should communicate with the Department of Justice and insist upon the unsuitable court– houses being put into a proper state of repair, and refuse to transact business in them until this has been done. Adjudication of Deeds. Owing to complaints that the Council had received in connection with alleged delay in getting deeds adjudicated on for stamp duty purposes, I had an interview with Mr. Collins, the Solicitor for the Revenue Com– missioners in May last. He informed me that the Adjudication Office dealt with about 12,000 deeds per annum, and that during the six months prior to May, 1933, there had been an increase of 1,500 deeds sent in for adjudication. He stated that the practice of his department was to try and deal with this matter themselves, and that it was only in the case where an absurd valuation was

I also refer with great regret to the death of Mr. Horace Turpin, of Maryborough, who died on the 23rd November. Mr. Turpin was a member of the Council from the year 1924 to 1928, when he retired. He filled the office of Vice-President in the year 1924. The late Mr. Turpin was a very prominent member of our profession in the Midlands, and his death will be greatly regretted by all who knew him. Courts of Justice Act. The Bill to amend the Courts of Justice Act of 1924 has not yet, I understand, been completed. As I stated at the Half-yearly Meeting of the Society which was held in May last, the Minister for Justice promised to send to the Law Society the draft of this Bill, so that our profession would have an oppor– tunity of considering the Bill and making suggestions which they might consider useful and beneficial to both our own profession and to the members of the public. We await the introduction of this Bill with considerable interest, because it is quite clear that if the machinery of the law of the Irish Free State is to work satisfactorily changes will have to take place. If rumour is right, the Bill will authorise the appointment of two additional Judges for the High Court, which will be necessary if the present system of hearing appeals from the Circuit Court is to be altered in favour of the old procedure of a local re-hearing. Both the profession and the litigants themselves will welcome this change if it takes place. Dublin Circuit Courts. Following the suggestions which I made in my address at the Half-yearly Meeting that two Circuit Court Judges should be con– tinually available to transact the civil business of the Dublin Circuit Courts, the Council wrote to the Department of Justice bringing this matter under their notice, and on the 9th November a reply was received from the Department stating that, while the Minister was aware that the civil business in the Dublin Circuit Court is in arrear, he was not satisfied that such business was sufficient to occupy the time of two Judges, and that he hoped shortly, without increasing the total number of Judges, to make arrangements to meet the needs of the Dublin Circuit Court. From enquiries which I have made recently I have ascertained that the number of defended civil actions awaiting trial in the Dublin Circuit Court at the present time is 446. Some of these cases have been set