177 / 200
December, .1939]
The Gazette of the Incorporated Law Society of Ireland
31
members of the Council, go to show that
there is something seriously wrong in the
Office in question. Whether the delay is
caused by
inadequate staffing, want of
organisation or whatever cause, the matter is
a very serious one not only for the profession
but for the public. Progress of business is
held up while Solicitors are waiting for copies
of documents, without which they cannot
proceed, and this widespread delay must
react on the conduct of business in the Courts
generally, with corresponding dissatisfaction,
not to say loss, to litigants who cannot be
expected to understand that the delay is not
the fault of the Solicitor. Your Council has
vigorously protested against this state of
affairs on more than one occasion. Up to the
commencement of
the Long Vacation
it
could not be said
that any appreciable
improvement had been effected, and it is too
early in the present Term to judge as to
whether there will now be any improvement.
Arising out of
this—and as a striking
example of how
the delay affects other
Departments—numerous
complaints were
received as to delay in obtaining English
Grants of Probate owing to the difficulty of
getting out a sealed and certified copy of the
Irish Grant without which the application
could not proceed in the English Courts.
One direct result of this delay was that
serious
losses were
sometimes
incurred
through the persons concerned being unable
to take advantage of suitable opportunities
for the realisation of Stocks and Shares. The
other losses and inconveniences arising from
the same cause will be too apparent to need
emphasis. Through the good offices of the
Probate Judge, considerable
improvement
has been effected in regard to the delivery
of copies of Wills, but it cannot be too
strongly emphasised that delay in this matter
is likely to bring in its train such serious
consequences that every effort must be made
to expedite delivery of documents essential
for Probate.
It
is obviously extremely
difficult for Solicitors to convince Executors
or Trustees that a substantial loss arising
from delay in extraction of an English Grant
of Probate had its origin in a Public Office
attached to the Courts of Justice over which
Solicitors have absolutely no control.
I have referred to these matters at some
length in the hope that the Office concerned
will realise that it is
the public interest
which
is affected, and
the Public which
suffers the incidental loss, and that it
is
to
this interest the Solicitors' profession has
regard when urging a speeding up of work and
expedition in delivery of copies of documents.
Office of County Registrar.
Partly owing to the lamented death of
Senator Delany, who took a great personal
interest in the matter, and partly to the
disorganisation arising from the present state
of emergency, negotiations which
it was
hoped
to open with
the Department of
Justice with regard to the numerous duties
devolving upon the Offices already held or
which will, as a result of existing legislation,
in future devolve upon County Registrars,
are for the moment at a standstill. The
matter, however, has not been lost sight of,
and it is hoped to open the question again
in the near future. You will note in the
Report a reference to the appointment of
District Probate Registrar for Waterford,
and the steps taken by your Council on the
initiative of the Tipperary and Offaly (Birr
Division) Bar Association. Further develop
ments of the position in respect of this Office
will receive the careful attention of your
Council.
Fees Allowed Arbitrators.
Quite recently your Council has, at the
request of a member., of the Society, felt
impelled to communicate with the Depart
ment of Local Government and Public
Health as to the fees allowed to Solicitors
appearing before Arbitrators under
the