The Gazette 1924-27

DECEMBER, 1926]

The Gazette of the Incorporated Law Society of Ireland.

29

evidence given. Accordingly, except in the case of a question of law, the present system of appeal is almost valueless. Having regard to the greatly increased jurisdiction of the Circuit Court (that jurisdiction extending up to £300), it is more necessary than ever that an Appeal should be in the nature of a full and thorough investigation of the whole case, and we think the only satisfactory method of Appeal, therefore, is a re-hearing before specially appointed Commissioners or a Judge of the High Court sitting at regular intervals in the principal cities and towns in the country. In addition, the present system of hearing an Appeal is far more costly to the litigants than the old procedure of a re– hearing. The present system is slow in working, very expensive to litigants and quite unsatisfactory in the results. The Society's Premises. As you will have seen from the Report, the Board of "Works is at present engaged in the re-building of the Four Courts, and has submitted to the Council plans for building new premises for the occupation of this Society. These plans have received our most careful consideration, and I have, with our Secretary, had several interviews with the Chairman of the Board and with their Architect. It is proposed, subject to certain arrangements which we are making with the Benchers for acquiring the fee of our old site and then making a lease of same to the Board, of V/orks, to give us a new building for the exclusive occupation of the Society on the site formerly occupied by the Stamp Office, the Taxing Office and part of the Bank– ruptcy Buildings. We shall have similar halls, Library and rooms, and similar accom– modation to what we had in our old premises, with the advantage that we shall have what I hope will be a handsome building with covered access to the Courts and the Law Library, and which building will be for our exclusive use, with no rights of way or passage as in our old quarters. The general plans have been approved, and the detailed work will be supervised by our own architect. I should like to say a word of thanks to the Chairman of the Board of Works and their architect for the way they have met any suggestion from this Council. . . . : .

Bradley and John J. Horgan, our repre– sentatives on the Circuit Courts Committee, for the care and skill they have shown in dealing with these Rules. The profession is greatly indebted to them. It is hoped that the new Rules will be in force at an early date. District Court Rules. The District Court Rules, prepared by the Committee appointed under the Courts of Justice Act, with the exception of the Rules mentioned in the Report, were adopted by the two Houses of Parliament and came into operation on the 1st October. The Council learn that these Rules are working satisfactorily, and much credit in connection with their preparation is due to our repre– sentatives on the Rule-making Authority, Mr. E. H. Burne and Mr. James S. Gaffney, of Limerick. Appeals from the Circuit Courts. I now come to a matter of very grave importance to the profession. We have received a number of communica– tions from the Sessional Bars and individual Solicitors throughout the country on the subject of Circuit Court Appeals. In the first place, there are a great number of Appeals pending, and the delay in bringing them to a hearing must in many cases result in a miscarriage of justice. An unsuccessful litigant before the Circuit Court Judge has only to lodge a Notice of Appeal to gain a period of several months time before he can be compelled to meet his obligation. The delay is serious enough, but the system of appeal inaugurated by the Courts of Justice Act is even more serious in its results. These Appeals are now heard by two Judges sitting in Dublin on the evidence as transcribed by the shorthand-writer. I do not think it is any disparagement of the shorthand-writer's work to say that it is quite impossible for any shorthand-writer sitting in Court for hours to take an accurate and full note of all the evidence ; but even assuming that it is a perfectly accurate transcript of the evidence as given in Court, the Judges sitting to hear the Appeal have not the advantage of seeing the demeanour of witnesses in the box or of testing in an}^ way the value of the