The Gazette 1924-27

JUNE, 1926]

The Gazette of the Incorporated Law Society of Ireland,

Richard Orpen, was President of this Society for the record period of sixteen years, from 1860 to 1876. We have with us to-day, I am glad to say, two sons of Mr. Orpen, Mr. Charles St. G. Orpen and Mr. Arthur H. S. Orpen, both of whom have occupied this Chair with distinction for themselves and, I may add, with benefit to the profession. But it is not alone in the law that Mr. Orpen has left worthy representatives. Mr. R. Caulfield Orpen is eminent alike in archi– tecture and in art. Another son, Sir William Orpen, R.A., stands to-day almost without a rival as the greatest living portrait painter. And here, parenthetically, may I say how much our profession is indebted to Sir William for his masterpiece, " The Last Lord Chief Justice of Ireland," which he painted for us as a presentation to Sir Thomas Molony, Bart. In accordance with custom I now ask your attention to some of the principal matters of importance and interest that have occupied your Council since the last General Meeting, and in doing so you will readily understand that, within the limits of time, it is only possible for me to touch on the most important, in broad outline and without detail. Courts of Justice Act and Court Officers' Bill. Law generally may be divided into two classes: Substantive Law, which defines new rights or alters or modifies existing rights ; and Adjective Law, which provides the procedure for aiding and protecting those rights. Whilst we as ordinary citizens are, of course, largely interested in the Substantive Law, as a profession we are more directly concerned in the Adjective Law or procedure. Our new legislature has, from its inception, been very active in respect of the latter branch of law. The Courts of Justice Act, 1924, made fundamental changes in the establishment of Courts of Justice and the procedure therein. It must be regarded as a novel and great experiment, for the root idea underlying the Act, by largely extending the jurisdiction of Local or Circuit Courts, is the decentralisa– tion of the administration of justice. It is yet too soon to say whether the Act will prove the success that is hoped for, but it

certainly is very debatable whether, in a small country such as the Free State with a widely scattered population, and depending for its prosperity largely on the credit which it is able to maintain not alone abroad, but with its own capital city and large towns, such a system as the Act establishes is desirable. Above all else, the pressing necessity is the establishment of the credit of the Free State, and that creditors, whether at home or abroad, should feel that there is a certain and speedy means of enforcing the obligations of their debtors. Whatever the defects under the old system may have been, there was at least provided by it machinery whereby in cases of contract (and they form by far the largest number of cases in litigation) the creditor could obtain a speedy and effective judgment in the High Court where the debtor made default in appearance to the writ, or where he entered an appearance merely for the purpose of delay, and this remedy was obtainable at a minimum of inconvenience, at small cost and without any undue hardship on the debtor. Of course, that remedy will still exist under the new Rules; but creditors, except for large amounts, will be slow to accept the penalties imposed on them for proceeding in the High Court, where the case is within the limits of the jurisdiction of the Circuit Courts. The new Rules for the several Courts established by the Act have been drafted for some time, and we are assured that they are ready to be brought into operation as soon as the present Bill dealing with the Court Officers has been passed. It is hoped that the Rules in the Circuit Court will at least make provision both for judgments by default of appearance, and for a speedy disposal of those cases where the debtor enters an appearance merely with a view of borrowing time till the next Sessions are held, perhaps at an interval of months. The Court Officers' Bill at present before the legislature is complementary to the Courts of Justice Act, 1924. As soon as the draft Bill was printed, your Council met specially to consider it, and appointed a Special Committee to deal with it in detail. That Committee accepted the general principles of the Bill, and devoted themselves to such details as would ensure the efficient working of the several offices. The central