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64
The Gazette of the Incorporated Law Society of Ireland.
[DEC., 1907
members who practised in that Court—a want
of care and attention which one could not well
understand. As Mr. Byrne very properly said,
trades union organizations looked after their
interests ; and, owing to the interest they took
in each other, they became a force in the
community.
If they, the members of the
solicitors' profession, did not follow more or
less on the same lines, they might expect to
be treated as the Local Government Board had
treated them in refusing to receive a deputa
tion from their organization—and that was
really a nice state of affairs to exist in the
country (hear, hear).
Some effort ought to be
made to teach that Board a lesson, at least in
gentlemanly behaviour.
The change of the business from Kilmainham
was really one for the public more than them.
Personally speaking, he did not care where he
was brought to practise in his profession, pro
vided he was paid for it; so it was immaterial
whether they should continue to remain in Kil
mainham or go to Green-street. It was a matter
for the public ; and if they thought the change
essential, they could bring pressure to bear on
their Members of Parliament to have the altera
tion carried out without delay. There was
another matter he wished to say a word about.
He thought it would be in the interest of the
public if they could have a shorthand writer or
member of the Institute of Journalists attached
to the Courts. It was a matter of deep public
concern, and ought to be considered by the
Council. And for this reason : many cases of
great public interest and of deep importance to
the litigants were heard in the Courts, and ex
amination and cross-examination took place.
Disputes arose between the learned Counsel
on either side, and sometimes
they actually
questioned the^accuracy of the Judges' notes
in regard to examination and cross-examina
tion.
In these cases the notes taken by the
Judge, and by Counsel, subsequently became of
great importance in after-arguments and the
decisions thereon; and
it would be to the
interest of litigants and the community if
they could get the Treasury to consent to the
appointment of such an officer as he suggested.
If such an official were appointed and paid
by the Treasury, he could be called on by
the Judge
to
take notes of
the evidence
required.
Subsequently, if desired, transcripts
could be furnished to the parties requiring
them, at the usual charges. Of course, which
ever litigant succeeded in his case should
be awarded the costs of the notes. Very often
difficulties arose, and parties might suffer a
little injustice by errors which must necessarily
occur during a heated examination or cross-
examination of a witness. If a shorthand-writer
were placed beside a witness, as was the case
in the Probate Court, it would end all con
troversy, and would be not alone of advantage
to the profession but the public generally. This
was a matter of interest to the profession, and
after drawing attention to it, he willingly sup
ported the adoption of the report which tho
President had so ably proposed (applause).
MR. M. J. BYRNE said that observations
had been made which did not affect him per
sonally, because he had always been a member
of the Society. He had himself spoken to
several members of the profession down in the
Kingdom of Kerry, and urged them to join the
Society; but he found there was a general feeling
that the Council did not appreciate the diffi
culties
that arose in the country, and that
country practitioners were not in touch with the
Council. They had to deal with a very different
state of things here from that in the country, and
those in the country rather
looked
to
the
Council for advice. They would be glad to
get that advice on questions of professional
etiquette; also on questions of fees, and on
other questions that arose in their daily practice.
He would give them one case in point relating
to conveyancing business. On a sale of lands
purchased under the Land Purchase Acts,
Stamp Duty was calculated on the price paid
plus the redemption value of outstanding pur
chase instalments; and it was felt down in the
country that that was a very great hardship
(hear, hear). Letters had been written to the
Society on the subject, and the matter had not
been taken up. Referring to the rules under
Labourers Act, he said it was felt that the
Incorporated Law Society was not a very potent
force. That was, perhaps, one of the reasons
why country members of the profession did not
join as largely as they might otherwise. They
had a local society in Kerry, and they asked
if there was no provision
in
the rules by
which country societies might be recognized.
He believed there was not such provision.
There was just one other question he would
like to say a word on, and that was the
question of land purchase delays. There was
no doubt this was most deplorable, and that it
created the greatest unrest
in
the country
amongst both tenants and landlords, so much
so that he had been advising landlords not to
sell as things at present stood, because
it
meant that they parted with all control over
their properties for six or seven years, and then