The Gazette 1924-27

JUNE, 1926]

The Gazette of the Incorporated Law Society of Ireland.

to restore the Four Courts, including the Society's premises. The position of this matter is that we held our former premises at the Four Courts under lease from the Benchers for 999 years, subject to a rent of I/- a year, and the Benchers in that lease entered into a covenant to maintain the premises. Our remedy, therefore, would be against the Benchers on this covenant ; but it has been suggested by the Board of Works, who have the restoration in hands, that we should be allotted premises on a new site which would be practically equal in all respects as regards space to our former buildings, and would contain similar halls, lecture theatre, library, Council chamber, offices and con– sultation rooms, etc., with the additional advantage that it would be a self-contained building, with a main entrance and also an entrance under cover to the Courts. These plans have been submitted by the Board of Works to us, and in general principle have been approved of by your Council subject to consideration of details. The carrying through of these proposals is contingent on whether our Society can arrive at a satis– factory agreement with the Benchers, as if this is not possible we are entitled to insist on our property being restored on the old site. Education. Believing, as we do, that our status as a learned profession depends largely on the education of its members, we have endeavoured to keep the standard of our examinations the Preliminary, Intermediate and Final at a high level, and we in every way encourage our students to attend, not alone our own lectures, but the Law Lectures given in the Llniversities, and to become members of the Apprentices' Debating Society. I have had the pleasant duty of presiding at one of their meetings, and I am pleased to say the standard of debate, both as regards argument and oratory, was of a high order. Northern Law Society and Southern Law Association. In January last myself and the two Vice- Presidents had the honour of being guests at the Annual Dinner of the Southern Law Association. I believe this is the first time

Circuit Court Appeals. The Courts of Justice Act provides for the hearing of Appeals from the Circuit Court Judge by two Judges of the High Court, on the shorthand-writer's note of the evidence taken before the Circuit Court Judge. We have had many complaints that this method of appeal is far from satisfactory. In a conflict of evidence this method of hearing an appeal is valueless, because the Court has no means whatever of discriminating the value of the evidence without seeing the witnesses, and accordingly has, on questions of fact, in nearly all cases no alternative but to affirm the decision of the Circuit Court Judge. If this method is continued it is feared there must be very few appeals except on a question of law, and this is not a desirable state of affairs, especially where the jurisdiction of the Circuit Court has been so largely increased and, consequently, important interests are involved. Enforcement of Court Orders Bill. The Enforcement of Law (Occasional Powers) Act of 1925, expired on 31st March last, and a new Bill of a permanent nature, entitled '' The Enforcement of Court Orders Bill," has been passed through its several stages in the Dail. It made no provision to include Orders already made under the previous Acts, and, accordingly, as the Bill stood it would be necessary for a creditor to commence proceedings de novo under the new Act. On the representation of your Council the Minister proposes to ask that the Bill shall be amended to meet this objection in the Senate. The new Bill also omitted the making provision for making Rules and prescribing forms for the current proceedings, and this defect the Minister for Justice has also agreed to have set right by amendment in the Senate. The Re-building of the Society's Premises at the Four Courts. As you are aware, the business of the Society is being carried on at present at the house, No. 45 Kildare Street, under an arrangement with the Ministry, until such time as we shall have a permanent home. Since our last meeting we have been informed that it is the intention of the Government