7 / 244
The legal education scheme, also mentioned by
my predecessor, has now been drafted and will
come into operation when the Solicitors’ Bill
becomes law. The lectures by members o f the
Council to apprentices have been continued.
We have now received the Solicitors’ Bill back
from the Parliamentary draftsman with his com
ments thereon. These have been perused by the
Committee in charge o f the Bill, and it is hoped at
an early date to arrange a conference to settle the
matter finally. The Council has every hope that
the Bill will be introduced in the very near future.
The Council have again before them the condition
o f country Court Houses, and the members will
have seen in the
G
azette
in the month o f March
the resolution passed by the Council and sent to
the appropriate Government departments. It is
hoped that some steps will be taken to improve the
condition o f such Court Houses as require it, and to
make them fit for the dispensing o f public justice.
The condition o f many o f the Court Houses at the
present time adds nothing to the dignity o f the law
and must make a very poor impression on litigants
and others who resort to them.
The Registrar o f Titles is at present engaged
working out a scheme for the simplification o f the
discharge of equities. A Committee o f the Council
has been assisting in the matter. The forms are
at present in draft and it is hoped that the new scheme
will come into operation in the very near future.
Under it the discharge o f equities should be a much
less complicated matter.
The Council recently circularised the Bar Associ
ations with reference to the jurisdiction of the
District Court and, as a result, have addressed a
letter to the Minister for Justice asking that the
jurisdiction should be increased in contract cases
to £50, in tort to £25, and in rent cases to £53 a
year. The Council notes with satisfaction that the
mind o f the Minister for Justice is working some
what on these lines, and have hopes that effect will
be given to their suggestions.
The Council have during the year and preceding
years published in the
G
azette
their considered
opinion o f several matters affecting the profession.
While some o f these opinions are not binding in
law it is hoped that they will be honoured by all
members of the profession.
Several o f my predecessors have referred to the
absence o f text books, and this is a subject which
continues to occupy the attention o f the Council.
The present position is far from satisfactory, and
some steps must be taken in the near future to
remedy matters, as the absence o f proper text books
is bound to retard the administration o f justice.
We have hopes that when the Bill becomes law
some arrangements may be made as a result of
which it will be possible for the Society to publish
new text books and bring the existing ones up to
date.
My predecessors have referred on several occasions
to the necessity o f law reform, and I regret to say
that no progress has been made. While we must
acknowledge that advances have been made in a
number of subjects, such as the Landlord and Tenant,
Workmen’s Compensation, yet the great mass of
our law has been left untouched. The law of
property, for example, requires a complete over
haul. We still have to deal with the appendages
and survivals o f the feudal ages. There does not
seem to be any reason, with the vivid example before
us o f the reform o f the law o f property by the
Birkenhead Acts in England, why the law o f property
here has not being brought up to date. Similarly, the
administration o f estates should be brought into
keeping with modern requirements. The .law
governing the administration o f intestate estates is
now nearly sixty years old and the value o f money
has considerably depreciated during that period.
Surely it is time for new standards to be fixed ?
The bankruptcy law is rather ancient, and no steps
have been taken either by rule or otherwise to
bring it into keeping with modern requirements.
Notice o f bankruptcy may be even delayed due to
appeal or for other reasons, to the great detriment
of the creditor. I understand that in England and
Northern Ireland creditors are notified immedi
ately, but the unfortunate Irish trader may un
wittingly go on dealing for months with a Bankrupt
and in the end find he has to refund a large sum of
money. Similarly, the Companies Act is now
nearly fifty years old : the number of Companies
has considerably increased, and the bringing up
to date o f this code is long overdue.
I have quoted these as examples o f outstanding
matters which seem to cry out for immediate reform,
but in fact the whole system would seem to need
overhaul. I think the Society is entitled to bring
these matters to the notice o f the Government and
the public, and to ask confidently for their modernis
ation.
I know that members o f the Society will expect
me to refer to a matter o f general importance both
to the public and to members o f our profession,
namely, the increased rates o f stamp duty on trans
fers o f land and house property imposed by section
13 o f the Finance (No. 2) Act, 1947. I think it will
be admitted on all sides that these extraordinary
rates o f duty imposed by the enactment to which
I have referred, namely, 5 per cent, in the case o f a
conveyance to a citizen o f Ireland, and 25 per cent,
on conveyances to foreigners, in each case calculated
3