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DECEMBER, 1926]
The Gazette of the Incorporated Law Society of Ireland.
29
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
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.
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