12 / 142
fhe Gazette of the Incorporated Law Society of Ireland.
, 1927
to see what' case his opponent was going to
make, and then the real trial took place, on
the Appeal before the Judge of Assize ;
and,
he said, one of the objects of the Appeal on
stenographer's notes was to put a stop to
this abuse.
Admitting, for the sake of argument, that
the Minister had some grounds for this
complaint, the abuse referred to could be
stopped by slight amendment of the old
system. Speaking for myself only, I would
suggest as a
remedy
that no evidence,
either oral' of documentary,
should be
admitted on the Appeal other than that
produced at the hearing before the Circuit
Judge without the consent of the Judges of
Appeal, and then only for the strongest
reasons, and in no cases should the costs of
the extra evidence be allowed.
The Minister also mentioned complaints
had been made
that Appeals from
the
County Court Judges were often rushed, mucn
t'o the dissatisfaction of the litigants. The
. answer to this is, that if sufficient time was
not allowed in the Assize Time Table for the
proper hearing of these Appeals (a matter
which is easily remedied), the system of
Appeals on oral evidence in local venues is
not to be condemned on this account.
One of the objects of the Courts of Justice
Act was to bring the law to the doors of the
people throughout the country, but I submit
that having Appeals heard in Dublin on
stenographer's notes
in
the presence of
Counsel and Solicitor's only,
is doing the
very opposite to what was intended, and
deprives the litigants of the gratification of
havirig their cases fought out in their local
venues, and of being satisfied that they have
had a fair trial.
I understand that the Bar Council, after
very
full
consideration,
drew
up
and
forwarded to the Minister for Justice a state–
ment strongly condemning the new system
of appeal, and in which they set out their
objections to it, and gave reasons showing
how the prestige arid traditions of the Bar
were seriously affected thereby.
It is advisable that the taxpayers should
know the cost to the public, independently of
the cost to the litigant, of the staff of short–
hand writers employed by the State, for the
purpose of these Appeals.
In the estimates
for 1927-28 the sum of £5,500 is provided for
" Remuneration of Official Steflograp'rie'rs
attached to the Circuit Court for trie takiiig
of shorthand notes of evidence arid' the
transcription of same where necessary," arid
a sum of £400 is provided for travelling
expenses.
I think I do not exaggerate wrieri' I s'ay
that in only 10 per cent, of the cases heatd
by the Circuit Judge are Appeals lodged, and,
.
therefore, in 90 per cent, of the cases the
shorthand notes represent so much money
wasted.
;
'.
There is a rumour that th'efe'is; ail ihte'nticfri
to have tnese stenographers placed On trie1
permanent staffj which would' qualify therh
for pensions. To do so in fade of the strong
condemnation of the systerri throughout the
country would be a scandal. Appeals on
stenographer's notes have had a fair trial arid
have been found wanting, and the system
must eventually be altered.
Your Council are making alt'erationsjin the
Curriculum for the Intermediate and Filial
Examinations for Apprentices which will
come into operation next year, and which it
is hoped and believed will put a check on the
Cramming
system, and ensure
that
tile
Solicitors of the future will be qualified to
maintain our title to be ranked amongst the
learned professions.
Obituary.
MR. MICHAEL C. FEENY, Solicitor, died
upon 3rd May, 1927, at his residence, " St.
Columb's," Londonderry.
Mr. Feeny was admitted in Michaelmas
Sittings, 1892, and practised at Londonderry.
MR.
PATRICK O'BRIEN, Solicitor, died
upon the 3rd May, 1927, at his residence,
5 Eyre Square, Galway.
Mr. O'Brien served his apprenticeship'with
the late Mr. James W. Blake, Galway; was
admitted
in Trinity Sittings,
1899',
and
practised at Galway.
MR. ALFRED TATLC-W, Solicitor, died upon
the 8th May, 1927, at nis residence, 3:-Upper
Ely Place, Dublin.