12 / 324
other cause, I do not know, but this I do know
that solicitors who have to explain these delays
to their clients receive most of the blame.
The
law's delays have become a by-word and almost
proverbial but I think that any fair-minded person
will admit that the delay in transacting legal business
to-day is not to be laid at the door of the lawyer
but rather at the door of the Governmental and
public institutions with which he has to deal.
It
seems to me that the more private business the State
engrosses and gathers unto itself the slower the
turn over of business becomes. The experience of
the Society has been that isolated protests lead to a
temporary improvement in certain branches or
sections but improvement in one sphere is generally
accompanied
by
simultaneous
deterioration
in
another and I can assert without contradiction that
since my time on the Council of the Society there
has never been a period during which we were
not dealing with complaints from the profession
of inadequate service in one Department or another.
This is primarily a matter for the public but it also
affects solicitors in two ways. Firstly, we depend
upon the proper functioning of many Governmental
Departments in conducting our practices
from
which we earn our livelihood.
Secondly,
the
reputation of the profession itself suffers from these
delays.
I cannot suggest the remedy and I do not
know whether any is forthcoming.
I can only
assure our members that every effort will be made
to deal with these complaints when they occur.
In conclusion I would like to express to our
Secretary, Mr. Plunkett, and to his staff, my very
real appreciation and gratitude for their great
assistance to me during the last six months.
Arising out of the President's address, Mr. T. D.
McLoughlin suggested that instruction should be
given to apprentices on the technique of using
law reports and standard legal text books.
The
President said that the matter would be considered.
The meeting then adjourned to private business.
The following motion, circulated on the agenda,
was moved by Mr. Joseph Barrett, seconded by
Mr. John J. Nash :
" That the bye-laws of the Society shall be
amended
(a)
By substituting the following bye-law for the
existing bye-law i Any solicitor in Ireland
may become a member of the Society by
applying to the Council for admission to
membership and if his application is accepted
by payment of one year's subscription at the
rate or rates hereinafter mentioned and on
entry of his name and residence in the members'
roll.
(b}
By substituting the words " members' ro
,
for " roll book of members " in Rule 6.
'
(c)
By substituting the following bye-law for t.
.?.
existing bye-law 42 Moneys received
*<•$'
the Society shall be lodged at least weekly .
the credit of such current or deposit accounts
of the Society and in such Bank as the Council
may direct and payments from the Society's
main current account shall be made by
direction of the Council and by cheque which
shall be signed by the President or a Vice-
President and counter-signed by the Secretary
or acting Secretary. The Council may direct
that cheques drawn on
subsidiary bank
accounts may be signed by the Secretary or
acting Secretary alone.
(</) By substituting the following bye-law for the
existing bye-law 44
44. (i). The Council shall have the custody
of the common seal of the Society and the
seal shall not be affixed to any instrument
until such instrument shall have been read
at a meeting either of the Council or of
a Committee of the Council having authority
to deal with the matter and approved by the
Council or by such Committee. Unless the
Council shall have delegated authority to
such Committee
to
seal
such document
without reference back the report of the
Committee authorising the affixing of the
seal shall first be submitted to and approved
by the Council.
(2). The common seal shall be affixed only
by authority of a resolution of the Council or
of a Committee as aforesaid and shall be
authenticated by
the
signatures of
two
members of the Council and the Secretary or
acting Secretary.
(e)
By substituting the following bye-law for the
existing bye-law 46
Minutes of the proceedings of every meeting
of the Council or of a Committee of the
Council shall be taken by the Secretary, or
in his absence by some other person appointed
by the Chairman of the meeting and shall be
signed by the Chairman of a succeeding
meeting.
(/) By altering the nomination papers in Schedule
A and Schedule B of the bye-laws by stating
the address of the member nominated and
of his proposer and seconder.
The motion was put to the meeting by the Chairman
and passed unanimously.
Mr. Scan O hUadhaigh moved, and Mr. C. J,
Daly seconded, the following resolutions;