57 / 142
JUNE, 1928]
The Gazette of the Incorporated Law Society of Ireland.
represented on a joint deputation to the
Minister for Justice with representatives of
the Standing Committee of the Banks and
the Council of the Chamber of Commerce.
The deputation urged upon the Minister
the importance of maintaining the jurisdic
tion of the Master as fully as possible under
the Courts of Justice Act, and the Minister
undertook that this and the other questions
discussed with him would have full con
sideration.
The Bankruptcy Commission has com
pleted its Report so far as the Bankruptcy
Laws are concerned, and the Report has been
forwarded to the Minister for Industry and
Commerce. At the request of the Chairman
of the Committee further evidence was given
"by two Members of the Council.
It is hoped
that legislation will be introduced as soon as
possible to carry out the recommendations of
the Commission.
A Bill to enable Grants of Probate to be
made to Bodies Corporate has been promoted
in the Senate. Your Council considered same
fully, and decided that the provisions of the
Draft Bill did not protect
the public
sufficiently. Representatives of the Council
appeared before the Committee of the Senate
and put forward the views of your Council.
Amendments were made which vour Council
consider do not remove the defects of the
Bill. The Senate have adjourned the report
stage of the Bill for a further period to
enable the matter to be more fully con
sidered, and it is hoped that the recommenda
tions of your Council will be adopted.
Representations were made to the Land
Commission to provide that owners of head
rents should get notice of the fixing of the
appointed day.
Arrangements have now
been made in cases where, on the publication
of a Final List, Section 24, or the making of
a Vesting Order, Section 36, a Statement of
Ownership has been filed, to send notice of
payment of the purchase money into Court
to claimants and other persons who have
entered appearances in the matter.
In Section 24 cases a copy of the Final
List will be served as notice, and in Section
36 cases a notice in express terms will be
sent. We are indebted to the Land Com
mission
for
the manner
in which our
suggestions were met.
Considerable dissatisfaction has been ex
pressed with the delays occurring in the
Circuit Court, especially in Dublin, where the
volume of business is far too la/ge to be
dealt with by one Judge. The Civil Cases
are getting very much into arrear.
A temporary appointment of an Assistant
Judge was made, but the term for which he
was appointed has expired, and unless steps
are taken to deal with the arrears by the
appointment of an additional Judge, it is
feared that a very unsatisfactory condition
of affairs will arise.
Complaints were made to your .Council on
several occasions of the delays that occurred
in the issuing of orders and copies documents
in the High Court.
I interviewed the Master
of the High Court on the subject.
It was
admitted that delays had occurred owing,
it is alleged, to the insufficiency of staff.
I
have been informed that additional staff has
been recently appointed to the Copying Office,
which will help towards expediting the work
of the office.
With regard to
the congestion of
the
business in what was formerly the Chancery
Division,
it
is quite evident
that
the
Examiners, excellent officers as they are, are
unable to cope with the work. Members of
the staff who have retired since the Courts
of Justice Act came into force, have not been
replaced, although the Minister has been
urged strongly to do so, and at the present
time the staff is less than that provided for
in the estimates for the year. As a result of
this, I understand the Examiner's Office is
on the verge of a complete breakdown, and
the
inconvenience
and
loss
caused
to
litigants is incalculable.
It is hoped that
early steps will be taken to remove the very
serious conditions prevailing in that office.
In conclusion, I desire to say that my
observations are not intended
as
adverse
criticisms, but are intended to assist the
efficient working of the new system set up
under the Courts of Justice Act.
Sir George Roche having made some
observations in reference to matters of legal
procedure, the proceedings terminated.