The Gazette 1936-40

The Gazette of the Incorporated Law Society of Ireland

[DECEMBER, 1937

Attention having been the inadequacy of the remuneration allowed to Solicitors assigned by the State in the Central Criminal Court for the defence of prisoners on capital charges, as a result of representations the Attorney-General has arranged that an increased refresher fee would be payable where a Solicitor con– cerned is ordinarily resident in the country and is called upon to attend personally at the trial for the defence. Complaints have been received regarding delay in furnishing certificates under Section 6 of Finance Act, 1928, and the Revenue Com– missioners have intimated to the Council that they will be prepared to receive partic– ulars of any such complaints, as they are most anxious that grounds for such should be removed. I referred in my last half-yearly address to the question of duty on certain life insurance policies being claimed both in the Irish Free State and in England. The British Revenue authorities have now intimated their acceptance of the law as laid down in the judgment of the High Court of the Irish Free State in the case of " In re Finance Act, 1894, and Deane," reported in the Irish Law Reports, 1936, page 556. This report is worthy of study. A new catalogue of the books contained in the Society's Library has recently been dis– tributed to the Society's members, and I am glad to pay tribute to the workmanship in the city of Dublin which has produced such a handsome volume. I have no doubt that members will find it of much use. I wish to emphasise the provisions of the Legal Practitioners (Qualification) Act, 1929, which applies to every intending apprentice to a Solicitor who was under the age of 15 years on the first day of October, 1929. No person to whom the Act applies is capable of being bound by indentures of apprenticeship to serve as an apprentice to a Solicitor unless he has obtained from the Incorporated Law Society of Ireland a certificate that he has passed a First Examination in Irish. The Act does not permit of the acceptance by this Society of a certificate-of having passed any other examination in Irish in lieu of the intending apprentice passing an examination under the Act. The Act also provides that called to

no person shall be admitted a Solicitor unless he has obtained from the Incorporated Law Society a certificate that he has passed a Second Examination in Irish within one year before the expiration of the term of his apprenticeship or within one year before being so admitted. Mr. Malvern V, like having resigned the position of Special Examiner for the Inter– mediate and Final Examinations on his appointment as Solicitor to the Provincial Bank during the year, the Council appointed Mr. Joseph Shields, Solicitor, to fill the vacancy. Mr. Frank V. Ciordon, who was for thirty years Special Examiner for the Preliminary Examinations, having also retired, the Council appointed Mr. Kenneth C. Bailey, F.T.C.D., to fill the vacancy. Mr. Ireland, who acted as one of the Auditors of the Society's accounts for twenty years past, during the year requested to be relieved from further service as Auditor, and the Council has placed on record an expression of its thanks to him for his valuable services to the Society. Mr. Glynn and Mr. Prentice with Mr. E. J. O'Brien were appointed as Auditors at the General Meeting held in May. The accounts for the year ending 1937 have been audited by them, and I wish on behalf of the Council to express its thanks and appreciation for the discharge of this work. The Council has had under consideration questions dealing with domestic matters incidental to the government of the Solicitors' profession, especially such as relate to dis– cipline and education, and whilst no final decision has so far been arrived at, it has become increasingly evident that it may be necessary to seek to promote legislation. As you are probably aware, the English Law Society has recently obtained an Act greatly extending the powers and authority of that Society and the Solicitors' Bill in Northern Ireland has passed through the Senate and awaits consideration in the Com– mons, under which very extensive powers are being sought relating to the matters to which I have referred. I would now propose the adoption of the report.