The Gazette 1927-30

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DECEMBER, 1927] The Gazette of the Incorporated'"katf Society or Ireland.
handsomely--and even generously—towards
us. The new building, which will be for the
exclusive use of our Society, will amply
provide for all our requirements, and will
include a fine hall and library, lecture hall,
consultation rooms, offices and all other
necessary accommodation. The Ministry of
Finance not only sanctioned the employment
by the Council of an Architect to advise on
the plans and generally to watch the progress
of the building in the interest of the Society,
but also agreed to pay his fees.
Death of Mr. Kevin O'Higgins.
In common with nearly every public body
and representative association in Ireland,
your Council passed a special resolution
strongly condemnatory of the vile outrage
which deprived our country of the services
of a great statesman and patriotic Irishman :
I refer to the foul murder of Mr. Kevin
O'Higgins. His death particularly affected
your Council, because as Minister of Justice
he was frequently in communication with
them, both verbally and in writing, and they
always found him most courteous and willing
to consider any representations made by the
Coimcil relating to the administration of
justice.
Courts of Justice Act, 1927.
I am glad to say that the representations
made by your Council to the Ministry,
strongly urging the necessity of continuing
the power to appoint temporary assistant
judges to dispose of the accumulation of
business in some of the Circuit Courts, proved
successful, and resulted in the passing of the
Courts of. Justice Act,, 1927, which provides
for an extension by nine months of the time
limited by the Act of 1924, during which the
Minister for Justice had power to appoint
temporary assistant Circuit Court Judges.
The appointment of Mr. Bernard Roche as
Assistant Judge in Dublin met with general
approval by the legal profession.
High Court Rules.
In my address to the Half-yearly Meeting
in May last I referred to the confusion,
annoyance and loss, not only to the legal
profession but also to the public, caused by
the provisions of the old Order XV., Rules
1 and 2, which required an affidavit showing
that.the plaintiff:.was entitled to the,-relief
sought should be served together with-the
Originating Summons, and to the decision of
Mr. Justice Hanna, the effect of which..was
that the affidavit required to be. sworn byithe
plaintiff under Order XV. was a plenary
affidavit, the same as was required for a Final
Judgment Motion under the
I will not refer to this matter
acknowledge the promptness
Rules Committee acted on the representations
of your Council and framed the new Rules,
satisfactorily settling the practice.
Circuit Court Rules.
The Report before "you contains a state
ment of the present position with regard to
the Circuit Court Rules. You will see that
your Council have done their part and finally
approved of the, draft. I understand that
they are being held up on account, of some
points in relation to the question of Counsels'
fees, and as the Government have,.noyv
adjourned t for a two months', holiclay, the
Rules will 'not come into operation.until, well
into the New Year.. This is. .much. fib.. |b;e
regretted, as the delay is causing mud}
inconvenience to the profession.
,v
District Court Rules. ,
Representations were made to your Council,
by practitioners in country districts that .i;t
was difficult in some cases to have affidavits,
for use in the District Courts sworn before a
Commissioner for Affidavits -without making
long journeys. Your Council drew attention
to this matter, and they suggest that it
should be; so arranged that these affidavits
might be sworn before a Ppace, C'o.runiissipjaer.
..< •• •-•.-.J -.-fii ni aJnrafn
Circuit Court:Appeals.,, ),,,;, ,( m;iq
In May last I spoke at some length on the,
subject of Circuit Court Appeals. Amongst:
the objections to the new system, I mentioned
the following :— ,/
" That the initial hearing of the Civil'
Bill by the Circuit Court Judge now
occupied far more time,. to enable the
stenographer to take a note of the evidence^'
that no shorthand writer, no matter how
proficient nv his art, could take a' full'and:
accurate ;note of all the evidende, .partis
cularly the:- oross^examination --of the
witnesses • that the Judges, hearing: the