The Gazette 1936-40

The Gazette of the Incorporated Law Society of Ireland.

JUNE, 1937]

48

Reference has been made at previous half- 3'early meetings regarding the provision of essential text-books, the expense of printing which is prohibitive. Consultations have recently been held with representatives of the Bar in the hope that the Government may be persuaded to undertake the cost of the production of much-needed standard works. A catalogue of the Council's library is in the printer's hands, and will be in circulation within a few months. It has proved a big undertaking, which has been creditably carried out by the Society's Librarian. It is intended that every member of the Society will be sent a gratuitous copy of the catalogue. I would call attention to the Registration of Judgments Act, 1937, which came into operation last month, and which a former President of this Society (Mr. Laverty) was active in having passed, and which contains important provisions enabling judgments of the Circuit Court to be registered in the Central Office in like manner as judgments of the High Court are registered in that office. Section 4 of the Act provides that every judgment of the Circuit Court obtained before or after the commencement of the Act shall be deemed to be a judgment entered up in a Superior Court at Dublin within the meaning and for the purpose of Section 6 of the Judgment Mortgage (Ireland) Act, 1850, as amended, subject as provided by the same section. The Council have under consideration the inadequate salaries offered to Solicitors as whole-time officers under Public Boards- It is highly undesirable that when initial salaries not equal to a respectable living wage are offered, any Solicitor should think of applying for the position. In a recent case the Appointments Commission advertised a combined office of Town Clerk and Solicitor to an Urban District Council where previously a Solicitor held the position as a part-time officer at a substantial salary and, in addition, was paid his taxed costs. In the advertise– ment a much lower salary was offered, and a condition of the acceptance of the position was that the Solicitor would be a whole-time officer. A deputation from the Council has interviewed a representative of the Minister

March, 1934, referred to in the Society's " Gazette." Attention to the directions contained in this circular would expedite the carrying on of the business in that Department. Copies of this circular can be obtained by members in the office of the Secretary of this Society. In the Estate Duty Office it must be recognised that business has considerably increased. References to the Valuation Office necessarily involve delay, as a valua– tion can only be made after the valuer has visited the local area. In future, provisional assessments will be made, and so enable grants to issue more expeditiously. Another important question which has been under consideration relates to the proceeds of policies of insurance effected with British Companies on the lives of persons who died domiciled in Saorstat Eireann. Differences between the British and Saorstat Eireann Finance Departments have imposed very considerable burdens on many people in this country. In order to secure payment of the proceeds of such policies duty has been paid here, and also has been required in England, and the whole question is in a most unsatisfactory position. Negotia– tions have been proceeding between the two Governments, and it is sincerely to be hoped that a settlement will be made which will clear up matters and remove the existing anomalies, and enable refunds of duty wrongly paid to be recovered. The Courts of Justice Act was passed on 28th November last and is in operation, except Part IV and Sections 13 and 64 of the Act. No date has yet been fixed under Section 28 for bringing into operation Part IV, which deals with Circuit Court appeals. There still remains for hearing a large accumulation of appeals from the Circuit Courts, and I have made representa– tions with a view to having these appeals dealt with, and am hopeful that they will be disposed of during next Sittings. I have recently attended a meeting of the Superior Court Rules Committee, and this Committee has decided to proceed in the first instance with drafting of rules governing appeals from the Circuit Court, so that they may be ready when Part IV is brought into operation.