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DECEMBER, 1933]
The Gazette of the Incorporated Law Society of Ireland
27
I also refer with great regret to the death
of Mr. Horace Turpin, of Maryborough, who
died on the 23rd November. Mr. Turpin was
a member of the Council from the year 1924
to 1928, when he retired. He filled the office
of Vice-President in the year 1924. The late
Mr. Turpin was a very prominent member
of our profession in the Midlands, and his
death will be greatly regretted by all who
knew him.
Courts of Justice Act.
The Bill to amend the Courts of Justice
Act of 1924 has not yet, I understand, been
completed. As I stated at the Half-yearly
Meeting of the Society which was held in May
last, the Minister for Justice promised to send
to the Law Society the draft of this Bill, so
that our profession would have an oppor–
tunity of considering the Bill and making
suggestions which they might consider useful
and beneficial to both our own profession
and to the members of the public. We await
the introduction of this Bill with considerable
interest, because it is quite clear that if the
machinery of the law of the Irish Free State
is to work satisfactorily changes will have to
take place.
If rumour is right, the Bill will
authorise the appointment of two additional
Judges for the High Court, which will be
necessary if the present system of hearing
appeals from the Circuit Court is to be altered
in favour of the old procedure of a local
re-hearing. Both the profession and the
litigants themselves will welcome this change
if it takes place.
Dublin Circuit Courts.
Following the suggestions which I made in
my address at the Half-yearly Meeting that
two Circuit Court Judges should be con–
tinually available
to
transact
the
civil
business of the Dublin Circuit Courts, the
Council wrote to the Department of Justice
bringing this matter under their notice, and
on the 9th November a reply was received
from the Department stating that, while the
Minister was aware that the civil business in
the Dublin Circuit Court is in arrear, he was
not satisfied that such business was sufficient
to occupy the time of two Judges, and that
he hoped shortly, without increasing the total
number of Judges, to make arrangements to
meet the needs of the Dublin Circuit Court.
From enquiries which I have made recently
I have ascertained that the number of
defended civil actions awaiting trial in the
Dublin Circuit Court at the present time
is 446. Some of these cases have been set
down for trial as far back as March, 1933.
Owing
to
Judge Shannon having been
occupied with criminal business at Green
Street
from
the commencement of
the
present legal term, and owing to the fact
that Judge Davitt was occupied in hearing
the numerous other types of cases, such as
Workmen's Compensation Cases, Appeals
from District Court, Income Tax Appeals,
and Licensing Applications, etc., it has not
been possible to list any defended civil actions
for hearing until about a week ago. With due
deference to the statements of the Minister,
I still am strongly of opinion that there will
always be an arrear of work in the Dublin
Circuit Courts unless two Judges are con–
tinually available
to
transact
the
civil
business there.
Court Houses.
I have noticed from time to time reports
published in the newspapers and in the legal
journals of Judges of the Circuit Courts and
District Justices having to complain of the
unsatisfactory condition of the buildings in
which they have to administer justice, and
on some occasions the proceedings have had
to be adjourned owing to the impossibility of
transacting business in these Courts under the
conditions prevailing.
I think it is of the
utmost importance that the legal business of
our country should be administered in suit–
able surroundings, and that Judges and
members of our profession and the public are
entitled to proper accommodation.
I would
suggest that, if there are any further com–
plaints, the local Bar Associations should
communicate with
the Department
of
Justice and insist upon the unsuitable court–
houses being put into a proper state of repair,
and refuse to transact business in them until
this has been done.
Adjudication
of Deeds.
Owing to complaints that the Council had
received in connection with alleged delay in
getting deeds adjudicated on for stamp duty
purposes,
I had an
interview with Mr.
Collins, the Solicitor for the Revenue Com–
missioners in May last. He informed me that
the Adjudication Office dealt with about
12,000 deeds per annum, and that during the
six months prior to May, 1933, there had
been an increase of 1,500 deeds sent in for
adjudication. He stated that the practice of
his department was to try and deal with this
matter themselves, and that it was only in
the case where an absurd valuation was