99 / 140
JUNE,
1926]
The Gazette of the Incorporated Law Society of Ireland.
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
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