The Gazette 1964/67

cession Act as passed is vastly different in form to that of the Bill as introduced. This is an ex ample of what can be achieved by intelligent public criticism. In passing may I say that I wel come the abolition of the law of primogeniture but I am at a loss to understand why it was found necessary to alter the law relating to the execution of Wills which had worked so well and for so long. With regard to the Registration of Title Act; this is a very far-reaching and ambitious piece of legislation. In view, however, of the delays already being experienced in connection with Land Registry dealings, due in large part to lack of accommod ation and scarcity of trained personnel, I cannot for the life of me see how the Act can be made to work unless steps are taken at once to recruit and train staff and to extend the accommodation. The coming into force of the Act should be deferred until both these matters have been completed. Fees Recently and without prior warning the pro fession found itself faced with new Fees Orders resulting in increases of as much as one hundred per cent, in the fees payable to the State on the institution of proceedings and in Land Registry proceedings. Basically this is an agricultural coun try and most of the land is held by the owners by virtue of the Land Acts. Dealings with this land are necessarily within the province of the Land Registry and it is the expressed intention of our legislators that all land will be registered there in the not too distant future. To have increased therefore all the fees payable in the Land Registry in such a manner and, in my opinion, without justification, is a matter which affects vitally the commercial life of the community and one of which most of that community is, I am satisfied, quite unaware. The effect of the provisions of the Finance Act 1965 and of the recent Land Act are onlv now being felt by the profession and by the public. Amend ment of many of the provisions of both Acts is called for and will, I trust, not be long delayed. I may say that a wachful eye is kept by Special Committees of the Society on all legislation intro duced. There is, however, a limit to what these Committees can achieve but I would like to pay public tribute to the vast amount of work they do and the time they spend purely volunatrily and often without recognition or appreciation. Legal Education Legal education is another matter receiving careful attention from your Council. That the

present system leaves a lot to be desired is fully recognised. At the moment a sub-Committee ap pointed by the Council is meeting a similar sub- Committee appointed by the Bar Council to dis cuss ways and means whereby a common pro gramme for both professions, at least to a certain stage, can be worked out. Apart from this, the whole question of legal education is under review. We are living in an age of specialisation and accordingly the work of the family solicitor is becoming more and more difficult. This fact is recognised both by the Society, its lecturers and examiners, and it is hoped that a way may be found whereby a newly admitted solititor will be equipped in the future with a far greater practical knowledge of the matters involved in the everyday practice of his profession than is the case at present. In this connection I feel I should refer to the Society of Young Solicitors which forms a very welcome adjunct to the efforts of the Society and its Council. Among its other activities it holds a series of lectures on new legislation and also on such varied subjects as Solicitors Accounts, Death Duties, the organisation and running of a solicitor's office, etc. Recently, in conjunction with the Provincial Solicitors As sociation it organised a most successful Seminar in Mullingar. All who attended were loud in their praise of the excellent manner in which the lectures were arranged and delivered, the effic iency and thoroughness of the organisation and the great benefit which resulted from the group discussions and the questioning which followed the lectures. With such enthusiasm and enterprise being displayed by its younger members the pro fession need have no fears for the future. Jurisdiction The increased jurisdiction of the District and Circuit Courts has, I am aware, been the subject of an inquiry by a Committee set up for the purpose. I understand that a report has been made but nothing definite has yet been decided upon. It seems obvious, however, that substantial increases will be made in the jurisdiction of both Courts. I trust that in order to avoid what has happened in the past no change will be brought into force until such time as necessary changes in the rules and scales of costs have been made to take effect at the same time. Other matters which I am aware are under discussion and in respect of which legislation is contemplated are such and the principle of Absolute Liability at Common Law and, of course, there is at present before the Dail the new Landlord and Tenant Bill. About the former I do not propose to com-

Made with