The Gazette 1936-40

December, .1939]

The Gazette of the Incorporated Law Society of Ireland

31

members of the Council, go to show that there is something seriously wrong in the Office in question. Whether the delay is caused by inadequate staffing, want of organisation or whatever cause, the matter is a very serious one not only for the profession but for the public. Progress of business is held up while Solicitors are waiting for copies of documents, without which they cannot proceed, and this widespread delay must react on the conduct of business in the Courts generally, with corresponding dissatisfaction, not to say loss, to litigants who cannot be expected to understand that the delay is not the fault of the Solicitor. Your Council has vigorously protested against this state of affairs on more than one occasion. Up to the commencement of the Long Vacation it could not be said that any appreciable improvement had been effected, and it is too early in the present Term to judge as to whether there will now be any improvement. Arising out of this—and as a striking example of how the delay affects other Departments—numerous complaints were received as to delay in obtaining English Grants of Probate owing to the difficulty of getting out a sealed and certified copy of the Irish Grant without which the application could not proceed in the English Courts. One direct result of this delay was that serious losses were sometimes incurred through the persons concerned being unable to take advantage of suitable opportunities for the realisation of Stocks and Shares. The other losses and inconveniences arising from the same cause will be too apparent to need emphasis. Through the good offices of the Probate Judge, considerable improvement has been effected in regard to the delivery of copies of Wills, but it cannot be too strongly emphasised that delay in this matter is likely to bring in its train such serious consequences that every effort must be made to expedite delivery of documents essential

for Probate. is obviously extremely difficult for Solicitors to convince Executors or Trustees that a substantial loss arising from delay in extraction of an English Grant of Probate had its origin in a Public Office attached to the Courts of Justice over which Solicitors have absolutely no control. I have referred to these matters at some length in the hope that the Office concerned will realise that it is the public interest which is affected, and the Public which suffers the incidental loss, and that it is to this interest the Solicitors' profession has regard when urging a speeding up of work and expedition in delivery of copies of documents. Office of County Registrar. Partly owing to the lamented death of Senator Delany, who took a great personal interest in the matter, and partly to the disorganisation arising from the present state of emergency, negotiations which it was hoped to open with the Department of Justice with regard to the numerous duties devolving upon the Offices already held or which will, as a result of existing legislation, in future devolve upon County Registrars, are for the moment at a standstill. The matter, however, has not been lost sight of, and it is hoped to open the question again in the near future. You will note in the Report a reference to the appointment of District Probate Registrar for Waterford, and the steps taken by your Council on the initiative of the Tipperary and Offaly (Birr Division) Bar Association. Further develop ments of the position in respect of this Office will receive the careful attention of your Council. Fees Allowed Arbitrators. Quite recently your Council has, at the request of a member., of the Society, felt impelled to communicate with the Depart ment of Local Government and Public Health as to the fees allowed to Solicitors appearing before Arbitrators under the It