The Gazette 1919-20

' J/.

THE GAZETTE OF THE 0f

May, 1919

Vol. XIII, No 1.]

f FOR CIRCULATION LAMONGST MEMBERS.

CONTENTS.

PAGE

2

Annual Subscription

2

Meetings of the Council

3

Obituary

4

Commissioner to Administer Oaths

4

Honour

4

Professorship of Common Law

Certificate Duty

4

4

Intermediate Examination

4

...

Recent Legal Decisions

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Vol. XIII, No. 1.]

May, 1919.

T FOR CIRCULATION L AMONGST MEMBERS.

Annual Subscription. MEMBERS are reminded that their annual subscription to the Society became due on the first day of May, as follows : Town Members and Country

9th A pril. Twenty-four Members were present. The late Mr. Trevor T. L. Overend. The President referred to the death of Mr. Trevor T. L. Overend, a Past President of the Society, and a resolution was passed expressing the deep regret of the Council, and conveying their sympathy to Mrs. Overend and her daughters. Apprentice Applications. Applications by Apprentices upon various matters connected with examinations and attendance at lectures were considered, and each application was ruled upon. Twenty-one Members were present. Amalgamation of the Legal Professions. This was a Special Meeting summoned to consider the report of the Committee of the Council to which the question of the amalgamation of the legal professions in Ireland had been referred. The report of the Committee was con– sidered and adopted, and it was resolved that the Members of the Society who addressed letters to the Council on the subject be informed that the Council, having given the matter full consideration, do not feel justified in asking the Society to re-open consideration of the question. 25th April.

Members of more than three years' standing, entitled to vote at election of Ordinary Members of Council ... Members who have been admitted to the profession under three years ... ... ... ... Other Country Members ...

£100 0 0 10

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050

Meetings of the Council.

2nd April. Twenty-three Ordinary Members, Provincial Delegates, three Extra- Ordinary Members from the Northern Law Society were present. Amalgamation of the Legal Professions. This was a Special Meeting summoned for the purpose of considering the question of the amalgamation of the legal profession in Ireland, in reference to which the Council had received letters from two Members of the Society. After full discussion of the question, it was resolved that the matter be referred to a Committee of the Council for further consideration, and to report to the Council on an early date. and three

The Gazette of the Incorporated Law Society of Ireland.

MAY, 1919]

Mr. Hamilton served his apprenticeship with Messrs. Simmons and Meglaughlin, Dungannon ; was admitted in Hilary Sittings, 1910, and practised at Dungannon. MR. TREVOR T. L. OVEREND, Solicitor, died upon the 8th April, 1919. Mr. Overend served his apprenticeship with the late Messrs. Henry and John W. Watson, 25 South Frederick Street, Dublin ; was admitted in Hilary Term, 1876, and practised at 12 Ely Place, Dublin. Mr. Overend was a member of the Council from 1884 to 1902, and was President of the Society in 1894-95. MR. PATRICK J. HENRY, Solicitor, died upon the 9th April, 1919, at his residence, The Rath, Draperstown. Mr. Henry served his apprenticeship with Mr. James Brown, Magherafelt, was admitted in Easter Sittings, 1889, and practised at Draperstown. MR. THOMAS KELLY, Solicitor, died upon the 10th April, 1919, at his residence, Bellevue, Kilrush. Mr. Kelly served his apprenticeship with the late Mr. Mathew Kenny, 17 Middle Gardiner Street, Dublin ; was admitted in Hilary Term, 1867, and practised at Kilrush, MR. WALTER B. RONAN, Solicitor, died upon the 13th April, 1919, at his residence, Menloe, Blackrock, Co. Cork. Mr. Ronan served his apprenticeship with his father, the late. Mr. Walter Ronan, 94 South Mall, Cork ; was admitted in Easter Sittings, 1883, and practised under the style of Messrs. Walter Ronan and Son, at 94 South Mall, Cork. He was for some years an Extra-Ordinary . Member of the Council. MR. DAVID A. TWOMEY, Solicitor, died upon the 13th April, 1919, at Cork. Mr. Twomey served his apprenticeship \\ith Mr. Henry A. Wynne, 62 South Mall; Cork, was admitted in Hilary Sittings, 1911, and practised at 27 Cook Street, Cork.

30th April. Twenty-seven Members were present. The late Mr. Trevor T. L. Overend. A letter was read from the Solicitors for the executors of the late Mr. Overend, informing the Council that by his Will Mr. Overend made the following bequest: " To the Incorporated Law Society of " Ireland the sum of one thousand pounds '' which is to be invested by them and the " income applied as to one-half thereof for " the endowment of a legal Scholarship in " connection with the preliminary exam- " ination of apprentices to Solicitors and " the other half in connection with the " final examination and I request the " Council of the Law Society to frame, a " scheme at their absolute discretion for " the preservation and regulation of such " investment and endowment." It was resolved that a letter be written in reply stating that the Council, upon behalf of the Society, gratefully accept the bequest, and will comply with the request as to the A letter was read from the Assistant Registrar of Deeds in reply to a letter from the Council concerning the marking with coloured pencil of deeds lodged for com– parison with regard to matters in which the memorials require rectification, stating that in future.other means will be taken to draw the attention of Solicitors to such matters. Acquisition of Land (Assessment of Compen– sation) Bill. A report from a Committee on this Bill was considered, and it was resolved to take steps to have amendments moved to the Bill which were suggested by the Committee. framing of a scheme. Registration of Deeds.

Obituary. MR. JAMES 0. HAMILTON, Solicitor, died upon the 4th April, 1919, at his residence, Castle Hill House, Dungannon.

The Gazette of the Incorporated Law Society of Ireland.

[MAY, 1919

place on Mondays and Thursdays at "two o'clock p.m., or on such other days, or at such other hour, as the Council may determine. Enquiry for any further particulars in reference to the Professorship should be addressed to the Secretary.

MR. EDWARD P. WILLIAMS, Solicitor, died upon the 19th April, 1919. Mr. Williams served his apprenticeship with the late Mr. John Stanton, 50 South Mall, Cork ; was admitted in Hilary Sittings, 1889, and practised at Dungarvan. Commissioner to Administer Oaths. THE Lord Chancellor has appointed the following to be a Commissioner to administer Oaths : - Edward P. Keating, Solicitor, 130 St. Stephen's Green, Dublin. Honour. MR. WILLIAM GEOGHEGAN, M.B.E., Solicitor, 19 Kildare Street, Dublin, has been appointed a Deputy Lieutenant for the County Dublin. the 25th June, elect a Professor of Common Law to. the Society, in room of Mr. F. S. D. de V. White (Sen. Mod.), B.A., LL.D., T.C.D., Solicitor, whose term of office will expire at the end of Trinity Sittings. The new Professor will enter upon his duties next Michaelmas Sittings. The appointment will be made for one year, and the person appointed will be eligible for re'-appointment for each of the four succeeding years. A candidate for the Professorship must either be a practising Barrister or a practising Solicitor (in each case of not less than six years' standing), and he should send his application before the 16th June to the Secretary of the Society. The duties of the Professor consist of delivering twelve lectures in' Michaelmas Sittings, twelve lectures in Hilary Sittings, eighteen lectures' in Easter and Trinity Sittings (making in all forty-two lectures in the year), and conducting viva voce examina– tions in the subject of his lectures ; and the Professor also examines in Common Law Theory at the three Intermediate Examina– tions during the year. The lectures take Professorship of Common Law. THE Council will, upon Wednesday,

Certificate Duty. SOLICITORS (MILITARY SERVICE).

IN the House of Commons on 1st May, Mr. George Thorne asked the Chancellor of the Exchequer whether he can arrange that Solicitors who joined His Majesty's Forces within three years after being admitted shall not, as a result of their military service, lose the benefit of the provision under which Solicitors' certificate duty is payable at only one-half the full rate for the first three years ! after admission ? Mr. Chamberlain in reply stated : I have considered this class of case, and have authorised the Commissioners of Inland Revenue, on being satisfied as to the facts, to allow a claim for repayment of half the duty where the period which has elapsed .from the time of the Solicitors' admission, excluding the period of his service with the forces, is less than three years. Intermediate Examination. THE July Intermediate Examination will be held on Tuesday, the first day of July, 1919, at ten o'clock a.m. Notice of intention to attend the examination should be lodged in the Secretary's Office before 15th June. Recent Legal Decisions. Interruption of Ordinary Employment by War Service. The judgment in Cole v. Cole (reported L. R., 1919, 1 Ch. 218) is an important one, as likely to govern many similar cases arising out of the war. A testator possessed of a large number of shares in a company of which he was chairman bequeathed 60,000 shares to his trustees in trust to assign 20,000 shares to each of his three sons who should, prior to

The Gazette ol the Incorporated Law Society ot Ireland.

MAY, 19191

certain premises were let for one year and one-eighth of a year from llth November, 1915, at the yearly rent of ^40, payable quarterly on the usual quarter days. The first payment of rent, amounting to £5, was paid on the 25th December, 1915, being for the one-eighth or half-quarter ending on that date. Thereafter the tenant paid the quarter's rent on the usual quarter days, and the term of the original letting having come to an end on the 25th December, 1916, the tenant remained on and was accepted as a continuing tenant. Thereby the tenancy became an ordinary yearly tenancy. On the 8th June, 1917, the tenant gave notice to quit for the 25th December, 1917, treating the tenancy as commencing at Christmas. The landlord objected that the tenancy should be treated as one commencing on llth November, the date of the commence– ment of the original letting, and that, there– fore, he was entitled to have the tenancy determined only by a notice expiring on the llth November, 1918. The Court held that the tenancy was a Christmas tenancy, and the notice given to expire on the 25th December, 1917, was valid. The case, which contains an exhaustive review of the authorities on the subject, should be read. (L. R., 1919, 1 Ch. 277.) Confidential Communications—Duty to keep secret. The obligation of an agent to keep secret the confidential instructions given by his principal was fully discussed in the Court of Appeal in England in the recent case Weld- Blundell v. Stephens, L. R., 1919, 1 K, B., 520. The plaintiff, who had been asked for a further loan by a company to whom he had already made advances, employed the defendant, an accountant, to investigate the affairs of the company. In a letter which he wrote giving instructions to the defendant, he made statements reflecting on the former manager of the company and other persons connected with it. The defendant handed the letter to his partner for the purpose of pursuing the inquiries asked for by the plaintiff, and the partner having visited the offices of the company, accidentally left the

attaining 20 years of age, enter the employ of the company, and should remain in such employ until the age of 33 years, and any son not complying with the condition was to forfeit his right to such shares, which were to go over to the other sons so complying with the condition, or in the event of all the sons failing to observe the condition to fall into the residue. The testator died in June, 1912. The eldest son entered the service of the company in 1913, being then 18 years of age, and remained in the employment till 15th September, 1914, when he voluntarily joined His Majesty's Forces, in which he had since continuously served. It was proved that having regard to the large fortune to which he was contingently entitled under his father's Will, the company did not pay him the small salary which he had been previously paid, whilst he was serving with the Forces, but never intended nor desired to terminate his services with the company. The Court held that it was not necessary that actual service should be rendered to the company, that the son's employment by the company continued, and that there was only a dis– pensation from actual service during the time that he was employed in His Majesty's Forces, and that provided he obtained his discharge from the army and then returned to actual service for the qualifying period, he would be entitled to the bequest. Landlord and Tenant—Notice to Quit. There is frequently considerable difficulty in the question what notice is necessary to determine a tenancy where the tenant continues as tenant after the expiration of the original term for which property is let. If the agreement is silent as to the notice required, the tenant as a general rule holds as a yearly tenant, and six months' notice expiring on the gale day on which the tenancy commenced is requisite. The difficulty, however, arises in denning in such cases what is the day on which such new tenancy commenced. The case of Croft v. William F. Blay, Ltd., in the May number of the Law Reports, is instructive on the point. By an agreement dated 15th November, 1915,

[MAY, 1919

The Gazette of the Incorporated Law Society of Ireland.

letter on the table of the manager. He showed the letter to the former manager and the other party mentioned in it, with the result that the plaintiff was sued by both for libel. At the trials of these actions the judge directed it was a privileged communication, but the jury having found malice against the defendant (Weld-Blundell), substantial damages were given against him, and in damages and costs he sustained a loss of over £1 ,600. Thereupon he brought an action against Stephens to recover the amount he was compelled to pay. The jury found that it was the duty of the defendant to keep secret the instructions given to him in the letter, that he was guilt}' of negligence .in allowing the contents to be disclosed to the new manager, and assessed damages at £650. Mr. Justice Darling, after argument of the law on the subject, held that there was no implied contract to keep secret the instructions, and that, therefore, there was no breach of duty, and that in any event the plantiff was not entitled to recover damages which would indemnify him for his own tortious act. On Appeal the Court unanimously held that it was the duty of the defendant to keep secret the instructions so given to him. The majority of the Court, however, held that the plaintiff was entitled to nominal damages only and not to damages which would indemnify him for the con– sequences of his own wilful wrong. Scrutton, L. J., delivered a dissenting judgment on the latter point, holding that the plaintiff was entitled to substantial damages. The report of the case will well repay perusal, dealing as it does with the obligation to secrecy of solicitors, accountants and others in respect of communications from their principals. The leading case of Reg. v. Cox and Railton (1884), 14 Q.B.D., 153, which defines the privilege of communications passing between solicitor and client, was referred to in the above case. There is a common notion that all such communications are absolutely privileged, and that not alone should the solicitor not disclose them, but that he can always refuse to do so on the ground of privilege. This is not so. The law, shortly stated, is that there is only privilege to refuse to disclose, and likewise only an obligation to secrecy where there is ' professional 'confidence and professional employment.

The illustration given by Mr.. Justice Stephen puts the matter clearly. If A. proposing to forge a will, says to B., a solicitor, " forge me a will in the name of C.," he asks B. to commit a crime which is not B.'s professional business. If he says, " I am C., and I want you to make my will for me," he reposes no professional confidence in B., but commits a gross fraud upon him. In neither case is the transaction privileged, nor is there the obligation of secrecy. (R. v. Railton. p. 168.) If a client, accused of having committed a crime, makes an admission of his guilt to the solicitor whom he has instructed to defend him, the statement is privileged and dis– closure cannot be enforced ; but if a client consults a solicitor with a view to the com– mission of a crime, he is really making the solicitor an accomplice, and there is no privilege, and the solicitor can be compelled to give evidence of the transaction. Where there is real professional employ– ment and confidence, of course, there is the strictesj: obligation to secrecy, and solicitors have rarely forgotten to observe the Roman poet's admonition : " Commissa tacere Oui nequit ; hie niger est, hunc tu, Romane caveto." . . . . '. .

Calendar of the Incorporated Law Society, 1919.

E Society's Calendar and Law Directory for 1919 can be obtained in the Secretary's Office, price 4s., or by post 4s. 6d.

ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin,

THE GAZETTE or 3fnc0rp0rat£b fata

0f Urdlanir, f FOR CIRCULATION L AMONGST MEMBERS.

June 1919 UUIIC, IC3IC7

Vol XIII No 2 ~1 UI. /Mil, I1U ^..J

CONTENTS.

PACK

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Half-yearly General Meeting ...

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Meetings of the Council

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Obituary

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Legal Appointment

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New Members

Order as to Summons and Process Servers' Fees

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12

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War Memorial

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13

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Summer Assizes, 1919

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Vol. XIII, No. 2.]

June, 1919.

T FOR CIRCULATION L AMONGST MEMBERS.

Half-Yearly General Meeting. THE Half-yearly General Meeting of the Society was held in the Solicitors' Buildings, Four Courts, Dublin, on 16th May. Mr. Robert G. Warren, President, occupied the chair. The following members were present : W. T. Sheridan (Vice-President), J H. Callan (Vice-President), A. E. Bradley, P. J. Brady, E. H. Burne, J. W. Dyas, W. H. Fry, C. G. Gamble, W. S. Hayes, James Henry, T. F. Monks, C. St. G. Orpen, A. D. Orr, T. G. Ouirke, J. W. Richards, Patrick Rooney, Peter Seales, W. V. Scddall, W. J. Shannon, A. W. Stirling, Basil Thompson, R. B. White, D. B. Dunne, D. A. Quaid, T. H. Kenny, Albert Woodcock, Sir J. R. O'Connell, E. R. Bate, R. N. Keller, S. M. Bell, W. H. Geoghegan, John Read, L. F. Kenny, J. J. Beatty, B. M. O'Grady, Daniel O'Grady, E. J. Kenny. The Secretary (Mr. W. G. Wakely) read the minutes of the meeting held last November, which were signed by the President. The President nominated the following members to act as scrutineers of the ballot for election of Council, to be held next November : Mr. E. F. Collins, Mr. M. Dawson, Mr. W. Geoghegan, Mr. H. P. Mayne, and Mr. F. Sharpe. On the motion of Mr. Sheridan, V.-P., seconded by Mr. J. H. Callan, V.-P., Mr. W. W. Carruthers, Mr. David B. Dunne, and Mr. T. A. Ireland were appointed Auditors of the accounts of the Society for the year ending April 30th, 1919. The President, addressing the meeting, referred to the loss which the Society and the profession at large had suffered through the death of Mr. Trevor Overend, who had been a member of the Council for nearly

twenty years, and who filled the President's chair in the year 1894-95. Mr. Overend took the greatest interest in their Society, and when, after many years of loyal service on the Council, they requested some past Presidents to act with them in connection with the memorial to those who had fallen in the war, he was one of the first to reply. He attended all their meetings, and gave them valuable assistance by his sound advice (hear, hear). While he was on the Council he took especial interest in the educational side of their duties, and took an active part in the framing of the regulations for examinations. He had always maintained that the Society should offer every inducement possible to students to thoroughly prepare themselves for the practice of their profession by careful study ; and, in order to supple– ment the resources of the Society for this purpose, he, by his will, bequeathed to the Society the sum of £1,000, the income of £500 to be applied towards a scholarship at the preliminary examination, and of the remainder as a scholarship at the final. He (the President) hoped that war was a tiling of the past. But the conclusion of peace would not relieve the Society from the con– sideration of many serious and difficult prob– lems arising out of the war. Many of their professional brethren and apprentices were now returning to civil life, having abandoned all their private interests in order that they might serve their country. Many have suffered mentally, physically, and financially, and applications were coming before the Council affecting these men in different ways. These applications were having careful and sympathetic consideration, and any man who had served his country should have every advantage it was in their power to give him.

The Gazette oi the Incorporated Law Society ot Ireland.

JUNE, 1919]

All of them had received a circular signed by him with reference to the memorial it was proposed to erect to the Solicitors and Apprentices who had fallen in the war. The response to that circular, on the whole, had been satisfactory- They ha:! up to that day received the sum >f £275 Us. They could not decide on the nature or design of the memorial until the}' knew what funds would be available, and he, therefore, asked all those who had not already subscribed to forward their subscriptions at once, as they would like to put the work in hands. The members, no doubt, had all followed with interest the Barristers and Solicitors (Qualification for Women) Bill which had recently passe I through the House of Lords It provided fur the admission of women as students of the Inns of Court, and being called to the Bar and practising as barristers and as solicitors under the Solicitors-Act. This bill did not extend to Ireland. They in Ireland were asked by the Lord Chancellor what their attitude would be in the event of an amendment being proposed in the House of Commons making the Bill applicable to the Solicitors' profession in Ireland, and the Council decided to reply that there would be no objection on behalf of the Society, pro– vided the amendment included the admission of women to practice in Ireland as Barristers as well as Solicitors (hear, hear). When one considered the devotion and self-sacrifice of women in the service of the nation and the Empire during the years of stress and trial, how they volunteered to help to fill, and showed themselves capable of filling, the places of men who had gone to serve their country on the battlefield, he did not think the Council, as reasonable men, could have come to any other decision, and he trusted that when he addressed them at their next meeting the Act, with the suggested amendment, would have become law, and that they would be in a position to welcome women as members of the profession (hear,, hear). The question of the amalgamation of the two branches of the legal profession had recently been considered by the English Law Society, and a referendum of the members of the Society taken upon it, with the result that a large majority of those voting recorded

their votes against it. The Council of this Society had had this subject from time to time under their consideration. So far back as the year 1885 the matter was fully gone into, and the}' entered into communication with, and obtained reports from, practically every civilised country in the world which had a judicial system, including the different States in America, France, Spain, Denmark, Norway, and all over the self-governing Colonies. The Society of the day decided that amalgamation would not be in the interest of the profession. As late as October, 1915, the Council again considered the question and decided against it. It was brought before them recently by some members of this Society. The Council considered this a matter of great importance to the profession as a whole, and in questions of this kind they believed that they had a duty outside the members of the Society. He wished that every member of the pro– fession was a member of this Society (hear, hear). It would add greatly to its power, and it was much to be regretted that so many Solicitors did not join ; but, as he said before, in considering questions of this kind they looked to the interests of every Solicitor, whether he was a member of this Society or not (hear, hear). They accordingly entered into communication with the Northern Law Society and the Southern Law Association, and held a special meeting of the Council on the 2nd of April, which was attended by representatives of both these organisations, as well as by other provincial delegates. The representatives of the Northern Society informed them that they had held a general meeting of their Society to discuss the matter, and had made inquiries in several important towns from the Solicitors practising there, with the result that only a small proportion appeared to be in favour of amalgamation. The Southern Law Associa– tion passed a unanimous resolution against it. The matter was fully debated at the Council meeting, and it was referred to a Committee to consider all the facts and arguments which had been brought before tho Council, and to report. The Committee hai held several meetings, and they reported thit the}' did not find any general desire among the members of the profession for

the Gazette of the Incorporated Law Society ol Ireland.

10

[JUNE, 191&

Acquisition of Land (Assessment of Compen– sation) Bill. Clause 3'(1) of this Bill, as introduced by the Government, read as follows : " In any proceedings before an official " valuer, not more than one expert " witness on cither side shall be heard " unless the official valuer otherwise directs, " and no party to the proceedings shall be " allowed to appear by Counsel or a " Solicitor except .with the consent of the " official valuer." The Council communicated with Members of Parliament with a view to having this clause amended by striking out all words after the word " directs." A letter was read from Mr. Lindsay, M.P., intimating that the amendment which the Council desired made in the clause, notice of which amendment stood in his name and also in the names of five other members, had been carried in Committee. It was resolved that the thanks of the Council be conveyed to Mr. Lindsay. Local Government (Ireland) Bill. At the request of . the Council, Mr. Harbison, M.P., on report stage of this Bill, moved the following amendment to the clause for the protection of pensionable officers which had been inserted in the Bill in Committee : " For the purpose of this section any " person duly appointed standing Solicitor " of a local authority before the passing of " this Act shall be deemed to be a pension- " able officer of the local authority, not- " withstanding that his whole time is not " devoted to the duties of his office." The Attorney-General accepted this amendment, and it was inserted in the Bill. It was resolved that the thanks of the Council be conveyed to Mr. Harbison. Obituary. MR. TIMOTHY F. KIEWAN, Solicitor, died upon the 31st May, 1919, at his residence, Ballinrobe. Mr. Kirwan served his apprenticeship with Mr. James W. Blake, Galway, was admitted in Hilary Sittings, 1885, and practised at Ballinrobe.

amalgamation, and did not recommend the Council to take any further steps. This report was brought before another special meeting, and after discussion was adopted. It could be seen, therefore, that the question had received full and careful consideration by the Council, which had led them to the conclusion that the profession at the present time did not desire amalgamation (hear, hear). The meeting would have observed that in dealing with this matter he had made no reference to the merits of the question, and had expressed no opinion. He' had done so advisedly, because, under the rules of the Society, no discussion could take place at this meeting, either on his address or on any other subject, unless notice of motion had been given, and, as no notice had been given, it would be unfair for him to use any arguments one way or the other, when the members of the Society would not have a 'right to reply (applause). This concluded the business. Meetings of the Council. 14th May. The clause inserted in this Bill in Com– mittee, at the instance of the Attorney- General for Ireland, for the protection of pensionable officers of Councils, was con– sidered, and it was resolved that immediate action be taken with a view to having an amendment inserted in this clause on report stage for the protection of Solicitors to Councils. Apprentice Applications. Applications by two apprentices, released from Military Service, in reference to exam– inations and lectures, were ruled upon. 28th May. Twenty-six members present. Official Assignee Belfast Court. A resolution was passed urging the Lord Chancellor to appoint a Solicitor to the vacant office of Official Assignee of Belfast Local Bankruptcy Court. Twenty-five members present. Local Government (Ireland) Bill.

11

*The Gazette of the ineorporated Law Society of Ireland.

JUNE, 1019]

Legal Appointment. THE Lord Lieutenant lias appointed Mr. John ffoliot Young, Dungiven, to the office .of Crown and Sessional Crown Solicitor for the County and City of Londonderry, in room of Mr. Robert H. Todd, who has retired. New Memleir. THE following jcined the Society during May, 1919: Michael Dorgan, 39 South Mall, Cork. R. Douglas English, 7 St. Stephen's Green, Dublin. Dinnen B. Gilmore, 39 Dawson Street, Dublin. Edmond R. McDonnell, 19 Upper Ormond Quay, Dublin. Robert K. Porter, 50 Lower Sackville Street, Dublin. Order as to Summons and Process Servers' Fees. WHEREAS by Section 1 of an Act of 9 George V., Ch. 4, entitled the Summons and Process Servers' Fees (Ireland) Act, 1919, it is enacted that the Lord Chancellor may make orders prescribing (a) the maximum sums that may be fixed by justices under section ten of the Petty Sessions Clerks and Pines (Ireland) Act, 1878, as fees for the service of summonses under the Summary Jurisdiction Acts : and .(b) the fees that may be charged under section eighteen of the Civil Bill Courts (Ireland) Act, 1851, for the service of county court processes. Now I, The Right Honourable Sir Jamei Henry Mussen Campbell, Bart., Lord Chancellor of Ireland, in pursuance of the powers vested in me by the said section and of all other powers thereunto me enabling, do hereby order and direct as follows : I. That any summons-server appointed under the Petty Sessions (Ireland) Acts shall be entitled to be paid by the complainant or person for whom he may be employed such sum, not exceeding the sum specified for each case in the First Schedule to this Order annexed, according to the distance necessarily

travelled by such summons-server in effecting every such service upon each party or witness (or upon any number of parties or witnesses in the same case who shall be served in the same house) as the justices shall fix. II. That any process-server appointed in pursuance of 14 and 15 Vie., c. 57, Sec. 15, shall, in addition to any salary made payable under that Act, be entitled to be paid the fees set forth in the Second Schedule to this Order annexed. Dated this 19th day of May, 1919. JAMES H. CAMPBELL, C. FIRST SCHEDULE. Maximum Fees Payable to Summons-Servers. Where the distance travelled shall not s. d. exceed 2 miles ... ... ... 1 0 Where the distance travelled shall not exceed 4 miles ... ... ... 2 0 Where the distance travelled shall exceed 4 miles : Such sum, not exceeding The distance to be reckoned in each case to the place of service from the Petty Sessions Court of the district, and the return journey is not to be taken into account. SECOND SCHEDULE. Maximum Fees Payable to Process-Servers. Serving Civil Bill in any case s. d. where there is but one defendant, or there are Where the amount sought to be recovered shall not exceed £10 ... ... do. Where the amount sought to be recovered shall exceed £10 ... ... 6 In case of two or more defendants not residing in one and the same dwellinghouse, a separate fee for each defendant as above. 1 0 Do. 1 5s., as may be arranged between the Complainant and the Summons-Server. several defendants residing in the same dwellinghouse

The Gazette of the Incorporated Law Society of Ireland.

[JUNE, 1915

War Memorial.

J. F. ; Dickson, R. J. ; Dix, L. L. ; Dodds, Joseph ; Downing, F. H. ; Doyle, Terence ; Draper, H. D. ; Dudley, James J. ; Duggan, John J. ; Dunford, Daniel & Co., Messrs. ; Dunne, David ; Dunne, Valentine ; Dyas, J. W. Edwardr,, E. N. ; Elliott, I. B. ; Elliott, T. J. Fagan, J. P. (Clerk of Crown and Peace) ; Falls, Thomas ; Fayle, G. S.; Feg.an, W. J.; (the late) Fetherstonhaugh, R. J. ; Findlater, William & Co., Messrs. ; Fisher, Alexander ; Fitzgerald, James ; Fitzsimon, C. O'Connell; Fottrell, Sir George, K.C.B. (Clerk of Crown and Peace) ; Fottrell, J. G. ; Franks, T. C. ; French and French, Messrs. ; Fry, Sir William D.L. ; Fry, W. H. Gaffney, J. S. ; Gage, William C. ; Galway and Hawthorne, Messrs. ; Gallagher, William ; Gamble, C. G. ; Gartlan, Alex. ; Garvey, John, D.L. ; Geoghegan, William, D.L. ; Gerrard, T. M. ; Girling, G. P. ; Goddard, Norris; Gordon, F. V. ; Gordon, Samuel; Gore & Grimes, Messrs.; Greer, T. M. Hamerton, J. 'T. ; Hamilton, R. W. ; Hamilton and Craig, Messrs. ; Hanna, G. B. ; Hardman, T. W. and Son, Messrs. ; Harley, G. T. ; Harris, J. P. ; Hayes, Robert; Hayes, T. H. ; Hayes, W. S. ; Hearn, M. L. ; Henry, Alfred ; Henry, James ; Henry, William ; Hoey, Charles ; Hoey, G. J. ; Holmes, L. J. ; Holmes, R. T.; Howe, R. A. Ireland, T. A. Jameson, E. C. ; Jellett, M. B. ; Johns, Capt. 1. S. ; Joynt, A. Lane. Kavanagh, P. J. ; Kearney, Sir Francis (Clerk of Crown and Peace) ; Keller, R. N. ; Kennedy, J. J. ; Kenny, L. F. ; Kerr, Samuel; Kieran, R. M. ; Knight, M. E. Law, C. J. ; Law, F. W. ; Lcachman, H. F. ; Liston, P. T. ; Lloyd, Wilmot C. ; Lockhart, J. ; Lowe, E. S. ; Lundy, W. J. ; Lyons, A. M. ; Lyster, G. H. MacDermott, J. E. ; MacGrath, T. J. ; MacLaughlin, E. D. (Chief Clerk) ; Mac Mahon, Charles ; Macnamara, R. A. (Master); MacNeice, R. W. ; Mahaffy, W. I. ; Marshall, H. J. ; Martin, King, French and Ingram, Messrs. ; Martley, H. F. ; Maunsell, H. R. ; Maxwell, J. M. ; Mayne, H. P. ; McCann,

IN the letter issued by the President to all members and former members ' of the profession, inviting subscriptions, limited to the sum of one'guinea, towards a Memorial to be placed in the Solicitors' Buildings to the memory of those Irish Solicitors and Apprentices to Irish Solicitors who lost their lives in Naval or Military Service during the war, a sum of £294 3s. Od. has been received. The President and Council desire to again bring this matter before the profession : they would appeal to those who have not as yet subscribed to do so, as the amount received is not sufficient to meet the cost of a memorial worthy of the sacrifices made by those in whose memory it is to be erected. It is hoped that intending sub– scribers will send in their subscriptions, so that the Council may -be in a position to proceed with the matter. The following subscriptions are acknowledged : One Guinea each from :-— Alexander, John; Alien, Joseph; Andrews R. A. ; Armstrong, O. H. ; Ashe, C. W. Atkinson, W. H. Baillie-Gage, C. ; Baillie, Robert; Baker Sir A. F. ; Baber, O. E. ; Barlee, W. L. Barry, W. A. F. ; Beater, O. P. ; Bell, S. M. Bernard, J. S. ; Black, C. W. ; Blake, J. W. Bland, F. C. E. ; Bradley, W. G. & Sons Messrs. ; Brady, James ; Bracly, P. J. Brenan, H. F. ; Brett, Sir Charles ; Brett, W. J. ; Bright, J. S.; Brown, S. J. ; Buggy, M. ; Burke, Martin (Clerk of Crown and Peace) ; Burne, E. H. ; Byrne, Gerald. Callan, J. H. ; Cameron, A. C. ; Carruthers, W. W. ; Chaytor, C. H. ; Chidley, H. F. ; Clinch, Francis; Collins, George ; Collins, G. M. ; Collis, W. S. ; Coolican, M. V. (Clerk of Crown and Peace) ; Cooper, H. G. ; Cooper, James ; Cooke, C. A. ; Colquhoun, F. S. D. ; Coulter, W. J. M. ; Cox, A. J. ; Cresswell, J. R. ; Crozier, T. F. ; Cussen, G. P. Daly, Charles ; Dane, J. W. (Clerk of Crown and Peace) ; Darley, F. D. ; Davidson, Hutchinson ; Davidson, J. C. ; Delany, T. W. ; Denning, J. A. (Master) ; de Montfort, Louis ; Dcnrochc, C. H. ; Dickie, response to

The Gazette of the Incorporated Law Society of Ireland.

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JUNE, 1919]

J. H. ; McCarroll, J. H. ; McCarthy, W. J. ; McClelland, H. S. ; McCormick, H. McN. ; McCoy, M. D. ; McCoy, W. F. ; McDonald, J. J. ; McKeever, F. G. ; McLean, R. E. ; McNeill, Elliott; McSpadden, W. G. ; McWilliam, H. ; Mecredy, James ; Meeke, W. C. ; Meldon & Co. ; Meredith, F. W. ; Moloney, Michael; Monks, T. F. ; Monroe, S. H. ; Montgomery, A. V. ; Moore, D. F. ; Moore, Edward; Moore, James ; Moran, N. L. ; Murphy, C. E. ; Murphy, P. N. O'Brien, R. A. ; O'Connell, Sir John ; O'Connor, John ; O'Connor, M. J.; O'Donnell, Hugh ; O'Donnell, P. E. ; O'Flaherty, B. J.; O'Grady, B. M. ; O'Meara, M. C. ; O'Reilly, F. C. ; O'Rorke, Daniel and Son, Messrs. ; . Orpen, A. H. ; Orpen, A. H. S. ; Orpen, C. St. G. ; Orr, A. D. ; Orr, F. J. ; Orr, M. S. ; O'Sullivan, John ; Oulton, J. G. ; Overend, T. T. L. (the late). Parke, W. A. ; Parkes, G. H. ; Phibbs, W. T. ; Pollin, J. M. ; Potterton, R. N. Richards* J. W. ; Ringwood, J. P. ; Robinson, James ' Roche, Sir George; Rooke, H.; Rooke, T. L. • Rooney, Patrick; Roper, H. C. ; Ross. Samuel ; Rutherfoord, C. J. Scallan, J. L. ; Seddall, W. V. ; Scales, Peter ; Shannon Henry ; Shannon, W. J. ; .Sharpe, F. G. ; Sheridan, A. N. (Clerk of Crown and Peace) ; Sheridan, W. T. ; Shortal, Nicholas; Sloan, A. G. ; Smith, C. L.'; Smyth, M. A.; Spence, W. H. ; Stanley, H. & W., Messrs. ; Stanuell, C. A. ; Stephens, H. F. ; Stewart, Alex. ; Stirling, A. W. ; Stubbs, Alfred ; Sullivan, Daniel ; Synnott, H. J. Tallan, Patrick ; Taylor, J. C. ; Thompson, Basil; Thorp, C. H. ; Triston, W. P. ; Turpin, Horace ; Twigg, M. F. Wakely, W. G. ; Walker, A. E. ; Walker, R. A. ; Walkington, D. B. ; Wallace, Colonel R. H. ; Wallace, T. B. ; Walsh, J. H. ; Warren, R. G. ; Watters, A. F. ; Watters, L. J. ; Watts, Capt. Robert, M.C. ; Wells, A. A. ; White, Edward ; White and White, Messrs. ; Williams, J. F. ; Wilson, Major C. P.; Wilson, R. A. (Clerk of Crown and Peace); Wilson, W. G.; Wolfe, J. T. ; Quaid, D. A. ; Quirke, T. G. Reilly, James; Rice, I. J. ;

Wray, S. A. ; Wright, H. T. (Clerk of Crown and Peace) ; Wylie, T. C. ; Wynne, Sir H. A. One Pound each from :— Pilkington, F. C. ; Poe, James. Half a Guinea each from :— Fullerton, H. J. S. ; Henry, Hugh ; Hodnett, W. ; Langrishe, H. H. (Clerk of Crown and Peace) ; Macrory, G. ; Magwood, C. ; O'Shee, J. J. ; Reid, John G. Five Shillings from :— McCullough, W. S. NORTH-EAST CIRCUIT. Co. Meath. At Trim, Monday, 7th July, 11.30 a.m. Co. Louth. At Dundalk, Wednesday, 9th July, 11 a.m. Co. Monaghan. At Monaghan, Saturday, 12th July, 11 a.m. Co. Armagh. At Armagh, Tuesday, 15th July, 11 a.m. Co. Down. At Downpatrick, Thursday, 17th July, 12.30 o'clock. Co. Antrim. At Belfast, Wednesday, 23rd July, 12.30 o'clock. Co. of the City of Belfast. At Belfast, Friday, 25th July, 11 a.m. Judges. The Right Hon. Mr. Justice Pirn, and the Right Hon. Mr. Justice Gordon. Registrars.— J. H. Nunn, Esq., B.L., Bective, Pembroke Park, Dublin ; Francis Kennedy, Esq., 25 Wellington Place, Balls- bridge, Dublin. NORTH-WEST CIRCUIT. Co. Westmeath. At Mullingar, Monday, July 7th, at 10.30 a.m. Co. Longford. At Longford, Tuesday, July 8th, 11 o'clock. Co. Cavan. At Cavan, Thursday, July 21st, 11 o'clock. Summer Assizes, 1919.

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[JUNE, 1S19

the Gazette of the Incorporated Law Society of Ireland.

Co. Sligo.—Sligo, July llth, 12.30 o'clock. Co. Mayo.—Castlebar, Tuesday, July 15th, 2 o'clock. Co. Roscommon.—At Roscommon, Mon day, July 21st, 11 o'clock. Co. Galway.—At Galway, Thursday, July 24th, 12 o'clock. Judges.— The Right Hon. Mr. Justice Dodd, and Mr. Justice Moore. Registrars.— Huston Dodd, Esq., B.L., 46 Hannavillo Park, Terenure, Co. Dublin ; and J. M. Davies, Esq., Solicitor, 22 Kildare Street, Dublin. MUNSTER CIRCUIT. Co. Clare,—At Ennis, Tuesday, July 8th, 11 o'clock. Co. Limerick.—At Limerick, Friday, July llth, 11 o'clock. City of Limerick.—At Limerick, Friday, July llth, 11 o'clock. Co. Kerry.—At Tralee, Wednesday, July 16th, 11.30 o'clock. Co. Cork.—At Cork, Wednesday, July 23rd, 12 o'clock. City of Cork.—At Cork, Friday, July 25th, 11 o'clock. • Judge. —The Right Hon. Lord Justice O'Connor. Registrar. —J. J. McDonald, Esq., Solicitor, 116 Grafton Street, Dublin. Calendar of the Incorporated Law Society, 1919. HpHE Society's Calendar and Law * Directory for 1919 can be obtained in the Secretary's Office, price 4s., or by post 4s. 6d. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin

Co. Fermanagh—At Enniskillen, Tuesday, July 15th, 11 o'clock. Co. Tyrone.—At Omagh, Thursday, July 17th, ll" o'clock. Co. Donegal.—At Lifford, Monday, 21st, 11 o'clock. Co. Londonderry. — At Londonderry, Thursday, July 24th, 11.30. City of Londonderry.—Friday, July 25th, 10.30. Judges.— The Right Hon. the Lord Chief Justice, the Right Hon. Mr. Justice Gibson. Registrars.— Wm. T. Sheridan, Esq., Solicitor, 1 Eglin Road, Dublin ; and W. C. Gage, Esq., Solicitor, 51 Merrion Square, Dublin. LEINSTER CIRCUIT. Co. Wicklow.—At Wicklow, Monday, July 7th, 12-15 o'clock. Co. Wexford.—At Wexford, Tuesday, July 8th, 12 o'clock. Co. Waterford.—At Waterford, Thursday, July 10th, 12 o'clock. Co. of the City of Waterford.—Waterford, Thursday, July 10th, 12 o'clock. Co. Tipperary (South Riding).—Clonmel, Monday, July 14th, 11 o'clock. Co. Tipperary (North Rifting).—Nenagh, Thursday, July 17th, 11 o'clock. Queen's Co.—Maryborough, Saturday, July 19th, 11 o'clock. Co. Kilkenny.—Kilkenny, Tuesday, July 22nd, 11 o'clock. Co. Carlow.—Carlow, Thursday, July 24th, 11.30 o'clock. Co. Kildare.—Naas, Friday, July 25th, 11 o'clock. Judges.—The Right Hon. Lord Justice Ronan, the Right Hon. Mr. Justice Kenny. Registrars.— John Ronan, Esq., M.C., Solicitor, 45 Fitzwilliam Square, Dublin; and the Hon. Hubert A. Preston, M.C., Marlfield, Cabinteely, Co. Dublin. CON&AUGHT CIRCUIT. King's Co.—Tullamore, Monday, July 7th, 12 o'clock. Co. Leitrim.—Carrick-on-Shannon, Wed nesday, July 9th, 12.30 o'clock.

THE GAZETTE OF THK Ifax0rjr0rai£& fato Vol. XIII, No. 3] July, 1919. 0f

r FOR CIRCULATION LAMONGST MEMBERS.

CONTENTS.

PAGE. 16

Meetings of the Council Obituary Honors County Court Rules ... Registry of Deeds ... Professorship of Common Law Results of Examinations New Solicitors Recent Decision

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Plinted at Hely's Limited, Acme Works, Dame Court, Dublin,

THE GAZETTE OF THE

of Jitlani

jnwrpratrd

T FOR CIRCULATION LAMONGST MEMBERS.

July, 1919.

Vol. XIII, No. 3.]

Mr. Joseph J. Farrell, Solicitor, died on 25th June, 1919, at his residence, 112 West Street, Drogheda. Mr. Farrell served his apprenticeship with the late Mr. John T. Simpson, of Drogheda, was admitted in Easter Sittings, 1895, and practised at Drogheda. Honors. Mr. Henry A. Wynne, Chief Crown Solicitor for Ireland, has received the honour of Knight hood. Lieut. H. C. Gordon McCormick, R.A.S.C., Solicitor, Sligo, has been awarded the honour of M.B.E. (Military Division). County Court Rules. The following Rules under the provisions of the County Officers and Courts (Ireland) Act, 1877, were upon the 28th May, 1919, made in lieu of and substituted for the previously existing Rule 6 of Order VIII, and Rule 2 of Order XVI. ORDER VIII, RULE 6. The Clerk of the Peace shall enter on record in his book the name of only one Solicitor or firm of Solicitors, as Solicitor or Solicitors for the Plaintiff or for any Defendant ; and in the case of a firm of Solicitors not more than one member of such firm shall appear or take part in the conduct of any one case. ORDER XVI., RULE 2. In the case of sickness or unavoidable absence of the Solicitor or any member of a firm of Solicitors" on record for any party, another Solicitor, being a Solicitor usually practising in the particular Court, may, by leave of the Court, appear and conduct the case on behalf of such Solicitor or firm of Solicitors on record.

Meetings of the Council. llth JUNE. Twenty-five members present. Sir HENRY A. WYNNE.—It was resolved that the congratulations of the Council be conveyed to Mr. Henry A. Wynne, Chief Crown Solicitor, on the honour of knighthood having been con ferred upon him. EXAMINATION RESULTS.—The report of the Court of Examiners upon the results of the May Preliminary and Final Examinations was sub mitted and adopted. 25th JUNE. Twenty-five members present. PROFESSORSHIP OF COMMON LAW.—The Council elected Lieut. Peter C. Furlong, M.C., Solicitor, to the Professorship of Common Law, in succession to Mr. F. S. D. de V. White, 'Solicitor, whose term of office expires this Sittings. COUNTY COURT RULES.—The provisional 'County Court Rules, dated 6th June, 1919, under Section 5 of the Local Government (Ireland) Act, 1898, and Section 1 (5) of the •Criminal Injuries (Ireland) Act, 1919, were :referred for consideration to the County Courts Committee. —— Obituary. Mr. William J. Fegan, Solicitor, died upon 14th June, at his residence, 9 Farnham Street, Cavan. Mr. Fegan served his apprenticeship with the late Sir John H. Franks, 84 Merrion Square, Dublin ; was admitted in Michaelmas Sittings, 1888, and practised at Cavan. Mr. William E. O'Rorke, Solicitor, died upon 20th June, 1919, at his residence, Kinallen, Belfast. Mr. O'Rorke was called to the Irish Bar in Michaelmas Sittings, 1886, and was admitted a Solicitor in Hilary Sittings, 1902, under the provisions of Section 29 of the Solicitors' (Ireland) Act, 1898, and practised in Belfast.

JULY, 1919]

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Registry of Deeds. Members are reminded of an arrangement made by the Council some years ago with the Registry of Deeds Department, by which that Department undertook, if a stamped addressed post card was lodged along with the requisition, to notify the Solicitor when the search was ready. This arrangement still continues in operation. —— Professorship of Common Law. Lieut. Peter C. Furlong, M.C., Solicitor, who was elected by the Council to the Society's Professorship of Common Law upon 25th June, was admitted in Hilary Sittings, 1911, obtaining first place and Gold Medal at his Final Exam ination. He was awarded the Findlater Scholar ship in Michaelmas Sittings, 1911. Lieut. Furlong is a graduate of the Royal University of Ireland, and obtained honours in History, Political Economy and Jurisprudence during his University career. He served in the Royal Field Artillery in France, and was awarded the Military Cross. —— Examinations Results. At the Preliminary Examination held upon the 29th and 30th May, the following passed the examination, and their names are arranged in order of merit :— 1. Edward J. H. Hopkins. 2. John A. Orr. 3. Vincent P. McGahan. 4. Hewitt B. Jellett. 5. Alexander M. Healy. 6. Thomas P. A. McVeigh. 7. Joseph Fisher. 8. William H. Keeny. 9. Francis J. McKenna.

Joseph C. Erskine, James Hanna, Thomas O'Neill and John J. Walsh passed the modified Preliminary Examination, for which they had liberty to present themselves. 19 Candidates attended, 13 passed, 6 were postponed. PRELIMINARY EXAMINATION PRIZES 1918-19. A Special Certificate has been awarded to James F. K. Anderson. At the Final Examination held upon the 21st, 22nd and 23rd May, the following passed the Examination, and their names are arranged in order of merit :— 1. Robert C. Bathurst. 2. Robert J. Sweeney, B.A.N.U.I. 3. Samuel H. Forsythe. 4. Michael Moloney. 5. Frederick C. Ellis. 6. Richard D. Orr, B.A.T.C.D. 7. Noel M. J. Purcell. 8. James M. Scales. 9. James J. Blake. 10. Robert H. Commins. 11. Francis I. Clinch. 12. William S. Barrett. 13. George P. MacLaughlin. The Council have awarded Silver Medals to Robert C. Bathurst and Robert J. Sweeney, B.A.N.U.I., and Special Certificates to Samuel H. Forsythe and Michael Moloney. 14 Candidates attended, 13 passed, 1 was postponed. SERVED APPRENTICESHIP TO W. J. Brett, 13 Bachelor's Walk, Dublin. Joseph J. Healy (deceased), and Richard Moloney, both of Skibbereen. Daniel MacLaughlin, Coleraine. L. S. Meldon, 14 Upper Ormond Quay, Dublin. John • Moloney, Midleton. Admitted under provisions of Sec. 29, of the Solicitors' (I) Act, 1898. Daniel Purcell, 35 Molesworth Street, Dublin. Peter Seales, 11 College Green, Dublin.

New Solicitors. ADMISSIONS DURING APRIL, MAY AND JUNE.

NAME. COMMINS, ROBERT HENRY HEALY, THOMAS MACLAUGHLIN, GEORGE PATRICK MELDON, Louis ALBERT MOLONEY, MICHAEL ... ...

ORR, RICHARD DAVISON PURCELL, NOEL M. J. SEALES, JAMES M.