786 / 822
should never be undertaken without ascertaining
that there is no other member of the profession
concerned for the insured.
Delays in the Adjudication Office
We are still making representations about the
delays
in adjudicating deeds,
so
far without
perceptible results. If, indeed, this be due to under-
staffing, combined with the increase in the number
of classes of instruments which are required to be
subjected to this process, I think the public interest
demands an immediate remedy. The duties now
collected by way of stamps are so unprecedentedly
heavy that any necessary increase in the staff would
be justified. It means very little one way or another
to the solicitor, but it would be a serious matter
for the client if such delays as now commonly occur
in adjudication should be responsible for a purchase
deed of a valuable property losing
its priority
owing to non-registration and the purchaser finding
his title defeated by a creditor of the vendor.
Defence of Poor Persons on murder charges
Once more we have to complain of the utterly
inadequate fees allowed to lawyers who are assigned
to the defence in capital cases. An assignment
casts
the heaviest burden on
the practitioners
concerned. The fees allowed on the present scale
in many cases would not cover the travelling and
hotel expenses incurred. Legal aid for the poor
litigant is something much to be desired, but not
by the profession if the fees in assignment cases
are to be taken as an indication of what might be
expected if the application of the principle were
extended.
Solicitors' Benevolent Association
Finally, may I very specially urge the claims
of our only professional charity, the Solicitors'
Benevolent Association ? The calls on its resources
increase yearly. The inadequacy of the assistance
it can afford tends to grow in direct proportion to
the increased cost of living. Help given to it is,
perhaps more than anything else, the recognition
of the obligation of professional solidarity. Like
our own Society,
the Association
ignores any
boundary within our country and is impartial as
between creeds, only requiring that the applicant
be a member, or closely related to a member, of our
body.
As this is the last opportunity I shall have of
addressing
the profession as President, may
I
thank you all for the assistance and support I
have had from all its members and, in a very special
degree, from the Vice-Presidents and my other
colleagues on the Council. They and our Secretary,
Mr. Eric Plunkett, have made a pleasure of the
honourable task which devolves upon the holder
of my office. To each and all of you I extend my
thanks and my best wishes.
The adoption of the report was seconded by
Mr. Louis E. O'Dea. Mr. P. F. O'Reilly speaking
on the report opposed the suggestion that solicitors
should be asked to wear gowns when appearing
as advocates, and stated that it would be impractic
able owing to the absence of any robing facilities
in most courts. Mr. Roger Greene was in favour
of the wearing of the gown, on the grounds that
it would increase the respect of the public for the
Courts and the administration of justice. Messrs.
Ivan Howe, J. J. Dunne, W. S. Huggard and L. E.
O'Dea also spoke against the making of any general
recommendation that solicitors should wear gowns
on the grounds of the absence of robing facilities
and the dilapidated condition of many country
courts. Mr. Michael L. O'Connell on behalf of
the Kerry Bar Association stated that in his Bar
Association a
recommendation had been
issued
to all the members asking them to wear gowns
when appearing in Court, and stated that this
recommendation was being observed in Co. Kerry,
and that he hoped nothing would go from the
meeting which would tend to its non-observance.
The President, in winding up the discussion stated
that there was a division of opinion on the subject
and that the matter had best be left to the Committees
of the individual Bar Associations.
The report of
the Council was then put to the meeting and unani
mously adopted.
The following resolution was
then proposed
by Mr. P. F. O'Reilly: " That this meeting is of
the opinion that the rates of stamp duty imposed
by the Finance (No. 2) Act, 1947, are excessive and
unjust, and that the former rates of the duty should
be restored at the first available opportunity."
The motion was seconded by Mr. William S.
Huggard.
The following members also spoke
to the motion : Messrs. Walsh, Ivan Howe, Desmond
Moran, J. R. Quirke. The motion was put to the
meeting and carried unanimously.
The following motion was then proposed by Mr.
James R. Quirke : " That the following persons
be appointed to be members of the nominating
committee for the Cultural and Educational Panel,
pursuant to Section 22 of the Seanad Electoral
(Panel Members) Act, 1947, and that all necessary
steps be taken to give effect thereto ;
and that
the Seal of the Society be affixed to all necessary
documents : Messrs. Patrick R. Boyd, Arthur Cox,
W. J. Norman, P. F. O'Reilly, Sean 0 hUadhaigh."