The Gazette 1949-1952

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