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62
The Gazette of the Incorporated Law Society of Ireland.
[DEC., 1907
Government Board, simply to secure business
which legitimately belongs to some one else.
I
cannot think it is in the interest of anyone that
such solicitors should be employed.
You will observe that a Bill was introduced
at the instance of the Recorder of Dublin, to
extend to other actions in his Court powers
which he has in Equity suits, and for other pur
poses, which was approved of, subject to some
modifications in regard to which they were most
fairly met by the Recorder; but, unfortunately,
the Bill was not read a second time.
I gave evidence on behalf of the Society in
London before a Committee, sitting to inquire
into the Bankruptcy Laws, the general line of
my evidence being that 'tis better ' bear those
ills we have than fly to others that we know
not of,' and I don't think you need fear any
immediate legislation for Ireland on the Bank
ruptcy laws, which, as far as T could gather, are
worked on a much better system here than in
England.
We have to mourn the loss of Mr. Daniel
Murray, who was for many years Provincial
delegate from Ulster; and we also deeply re
gret the death of Master Goodman, who was
our special examiner since 1866.
We have this year followed the example of
the English Law Society in issuing a Monthly
Gazette to our members.
It is a new venture,
and I hope it will prove useful. We invite
members to send for publication notes of cases
likely to interest the profession.
There are minor matters in
the
report
which I need not specially refer to. The year
has not been an idle one. For our successes you
have not to thank me, but your Council, who
have been indefatigable in their attention to
the work of the Society ; while the hearty co
operation of your two Vice-Presidents made
my work a pleasure even if at times I felt it
somewhat onerous.
MR. JAMES HENRY, Vice-President, said
it devolved upon him to second the adoption
of the report.
After the very full and lucid
explanation they had got of the report, he
thought it inadvisable that he should go into
it in any detail at all.
He should only - say
that if the Council during the year had done
no other service to the profession than the
restoration of the office of Chief Clerk, and
that of Solicitor to the Inland Revenue, to
the solicitors' profession, it had done a good
year's work.
,MR. GERALD BYRNE said it occurred to
him that the very first paragraph in the report
should be considered by the members of the
solicitors'
profession with great care.
It
showed that out of nearly 1,500 practising
solicitors in Ireland, only 729 are members
of the Society, and, notwithstanding the agi
tation
for alteration
in
the Council made
last May, and again brought forward at this
meeting, less
than half of those members
have availed themselves of the opportunities
of voting for members of the Council of the
coming year. This spoke badly, in his opinion,
for the interest taken by the profession gene
rally in their own affairs.
The commonest
tradesman in the country took more interest
in the management of his affairs than do the
solicitors.
The next part of this report he wished to
touch on was that with which he was closely
connected.
He regretted the Bill which was introduced
by Mr. Harrington, Mr. Gordon, and Mr.
Waldron, to amend the Civil Bill procedure in
the City of Dublin was not given a fair
consideration. Practitioners who are engaged
in
the Recorder's Court of Dublin are fully
conscious of the great difficulties in the way
of collecting honest debts.
He had urged the question of interpleader
over and over again ; and he hoped his efforts
would not be altogether in vain, and that
soon they would have some remedy for this
bad state of affairs.
Again, he would urge the abolition of the
practice whereby through use of a default
process the defendant was supplied with a
notice which he had only to tear off, and
send to the Clerk of the Peace to nullify the
affidavit which had been made by the plaintiff,
who possibly lived miles away, thereby com
pelling the plaintiff if he wished
to get a
decree to attend personally, and give oral
evidence in Court of what had already been
deposed to in his affidavit.
Affidavits should be permitted to be used in
the Court to prove matters such as signatures
to deeds, Bills of Exchange, or matters of
that class, and to render unnecessary
the
attendance of witnesses in Court to prove
them. He considered a seal would, if used bv
a responsible officer, save time, and also that
the limitation for appeal should be four days
from the date of pronouncing the decree, and
not from the termination of the Sessions, which
sometimes
lasted
for a few weeks.
This
should only apply to
the City of Dublin,
because
difficulties might arise where
in
country places solicitors had to go from one
Quarter Sessions district to another, and could