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28
The Gazette of the Incorporated Law Society of Ireland.
[DECEMBER, 1927
Appeal, not having the great advantage of
seeing the demeanour of the witnesses in
the box, were not in a position to test the
value of the evidence ;
that the cost to the
litigants was nearly doubled, and, generally,
that the system was slow, costly, and
unsatisfactory."
Since I made these remarks we have had
another six months' experience of the working
of this new practice, and the consensus of
opinion is that it will continue to be slow,
costly and unsatisfactory.
Both branches of the legal profession were
very pleased when it became known that
Mr. Fitzgerald-Kenney,
a gentleman of
standing at the Bar, had been appointed
Minister for Justice. Mr. Kenney, from his
long and extended practice at the Bar, is
intimately acquainted with the system of
Appeals in both the old County Courts and
the present Circuit Courts, and, therefore,
must be aware that the objections taken to
the present practice have good foundation in
fact; and I here express the hope that he
will give the matter his early consideration.
When a lawyer suggests any amendment in
the law or practice he is immediately suspect,
but I believe the new Minister for Justice
will agree that lawyers can rise above sordid
motives of gain, and can be actuated by a
desire to serve the public interest.
Proof
that lawyers can be so actuated is forth
coming in the present case, because the
Solicitors' cost of Appeals under the new
system are in excess of those awarded under
the old.
Bankruptcy and Winding-up Laws.
A Commission to consider whether amend
ments in the law and procedure relating to
Bankruptcy and the winding-up of Com
panies are desirable has been appointed, and
at the request of the Minister for Industry
and Commerce three members of the Society
were nominated by the Council to act on the
Commission.
The Council appointed Mr.
Seddall, Mr. Basil Thompson and myself ;
my part in the Commission being confined to
the Winding-up of Companies.
A
large
amount of evidence has been taken from a
great variety of witnesses on the bankruptcy
side of the enquiry, and it is expected that
some useful amendments in the present law
and practice will be recommended.
Special Examiner.
I. am sure you were all sorry to learn from
the Report that Mr. Denroche had resigned
the
office
of Special Examiner to the Society,
an office which he had held for over twenty
years. The Council received his resignation
with great regret, as throughout his tenure of
the office he discharged his onerous duties to
the entire satisfaction of successive Councils
and with great satisfaction to the Society and
to the profession.
Regulations.
Early this year, after full consideration,
the Council formed the opinion that the
system for the education of apprentices in
law and practice could be improved, and with
this view new regulations under Section 8 of
the Solicitors (Ireland) Act, 1898, have been
made, and will come into operation on the
1st of January next.
It is hoped that these
regulations will raise the standard of educa
tion by checking cramming, by means of
which, some students at least, were enabled
to quality for admission to the profession
with a somewhat superficial knowledge of law
and practice. One of the useful innovations
made by the new regulations is that which
provides that for the Final Examination
there will be four papers, each conversant
with both law and procedure.
This is a
change to be commended, in my opinion,
because it will train the apprentice in the art
of applying the law to the facts and deciding
the course of procedure to be adopted in the
particular case.
Membership of the Society.
In conclusion, 1 would like to say a few
words about the membership of the Society.
You will see by the Report that the member
ship has fallen this year as compared with
the year 1926.
No doubt the decrease is
small—only 29—but considering that there
are 993 practising Solicitors in the Irish Free
State, the membership should be much larger,
in fact every Solicitor on the Roll should be
a member. On this, the last occasion on
which I will have the honour of addressing
you from the Presidential Chair, I would ask
you to urge every Solicitor who is not already
a member to join the Society, so that the
power and influence of the Council to uphold
and secure the interests of our profession
may be thereby enhanced.