The Gazette 1913-14
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EOUNC By J ftLVVEY<&C9i m«ES'iF.DUBLIN
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THE GAZETTE OF THE $nr0rj)0rate0 Jain S0cieirr 0f
Jlrelanb,
SOLICITORS' BUILDINGS, FOUR COURTS, DUBLIN.
Telephones 26O7 (8 lines).
Law Society. Dublin."
May, 1913.
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Annual Subscription
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Obituary
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Lord Chancellor of Ireland
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Rex (Alien) v. Justices of Co. Cork
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Trinity Sittings Lectures Intermediate Examination
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THE GAZETTE
OF THE bdetg 0f frthnitr,
Jnt0rgarator
Vol. VII, No, 1.]
May, 1913.
T FOR CIRCULATION |_ AMONGST MEMBERS.
Annual Subscription. MEMBERS are reminded that their annual subscription to the Society became due on the 1st day of May, as follows : Town Members and Country Mem– bers of more than three years' standing entitled to vote at election of ordinary members of Council ... ... ... ... fl 0 0 Other Country Members ... ... 0 10
was directed to reply drawing attention to difficulties experienced by members in the working of their telephones, and expressing the hope that the system would be rendered more efficient.
Certificates.
Applications for renewals of their certificates were considered, two of these were granted, but the third was adjourned for further consideration. by three Solicitors
Members who have not been ad– mitted to the profession for three years ... ... ... ...
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Law Clerks. Memorials
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from for modified preliminary examinations were con– sidered, and it was resolved that neither of the applications should be opposed. two Law Clerks Practice before Chief Clerks. It was resolved that a memorandum prepared by the Court and Offices Committee of the Council, showing the differences in the practices before the Chief Clerks of the Master of the Rolls and Mr. Justice Barton, should be published in the Society's GAZETTE, for the guidance of members, and it accord– ingly appears in this number.
Meetings of the Council.
April 16th. Half-Yearly Accounts. CHEQUES
in discharge of the half-yearly accounts passed by the Finance Committee were ordered to be drawn and paid. Telephones. A letter was read from the District Manager of Post Office Telephones in reply to the resolution of the Council drawing attention to the inefficient working of the Dublin tele– phone system. The District Manager stated that generally it would appear that the service now being given compares favourably with the past, and that every effort is being made to improve upon it.. The Secretary
April 30th. Easter and Whitsuntide Holidays.
The General Council of the Bar of Ireland, having been invited to confer with repre– sentatives of the Council of this Society in
The Gazette of the Incorporated Law Society of Ireland.
[MAY, 1913
reference to the suggestion of this Council that the Rules of the Supreme Court (Ireland), 1905, should be amended so that the inconvenience caused by the occurrence of the Easter and.Whitsuntide public holidays during the Court Sittings, might be obviated. A reply was received from the Bar Council nominating Mr. Hanna, K.C.. and Mr. Babington, B.L., to confer on the subject. The Council appointed the President, Mr. Byrne, and Mr. Synnott, to meet the representatives of the Bur Council. County Court and Bankruptcy Laws. The Dublin Chamber of Commerce invited the Council to nominate two of its members to meet two members of the Chamber of Commerce, and two members of the Institute of Chartered Accountants, for the purpose of discussing the best means of bringing about alterations in County Court practice and Bankruptcy Laws embodied in resolutions passed at a meeting of Irish Chambers of Commerce and other commercial bodies, held on 6th February last. On the 26th February the Council nominated Mr. Byrne and Mr. Collins to attend the meeting. On the 18th April the meeting was held, and Mr. Byrne and Mr. Collins now reported to the Council that they had fully laid before the meeting the views of the Council on these two matters, and that the meeting had agreed that the County Courts (Ireland) Bill, as introduced in 1911, should be supported, and that the suggestions relative to the Bank– ruptcy Laws should be further considered before any action is taken thereon. Coroners' Inquests (Railway Fatalities) Bill. This Bill, which has been presented in the House of Commons, is similar in its provisions to the Bill presented last year. Clause 1 (6) provides that " any relative of any person whose death may have been caused by the accident, with respect to which the inquest is being held, and any person appointed by the Committee of any trade society of railway servants or of any friendly society of which the deceased was at the time of the accident a member, shall be at liberty to attend and examine any witness either in person or by his counsel, solicitor, or agent,
subject nevertheless
to the order of
the
Coroner." The Council took steps to oppose the Bill of last year owing to the insertion of this clause, and it was resolved to take a similar course in regard to the Bill of this year. Law Clerks. The petitions of two Law Clerks for leave to be bound under Section 16 of the Solicitors (Ireland) Act, 1898, and report of the Court of Examiners thereon, were considered. One petition was granted, and the other refused-
Council Meetings. MEETINGS of the Council will be held upon the following dates : June 4th and 18th. July 2nd, 16th and 30th.
Committee Meetings. THE following Committee Meetings were held during April : Gazette, 10th. House, Library and Finance, 14th. Costs, 24th. Court of Examiners, 25th.
New Member. THE following joined the Society during April, 1913 : Hastings, John L. R., Magherafelt.
Notaries Public. THE Lord Chancellor has appointed following to be Notaries Public :
the
Andrew C. Leitch, Solicitor, Omagh. Alexander E. Donnelly. Solicitor. Omagh.
MAY
1913]
The Gazette of the Incorporated Law Society of Ireland.
Commissioners to Administer Oaths. THE Lord Chancellor has appointed the following to be Commissioners to administer Oaths : Arthur W. Winder, Solicitor, Cork. John J. Smyth, Solicitor, Drogheda. William T. Hogan, Merchant, Ennis- tymon. Hugh R. Powell, Clerk of Petty Sessions, Dungannon. Peter McAleer, Auctioneer, Dungannon. Obituary. MR. ALBERT MAIBEN CONYERS, 'Solicitor, died on the 2nd April, 1913, at Medicine Hat, Canada. Mr. Conyers served his apprenticeship with Mr. A. Blood-Smyth, Limerick, and was admitted in Hilary Sittings, 1911. MR. ROBERT CROOKSHANK, Solicitor, died on the 6th April, 1913, at his residence, Glenmann's House, Portrush, Co. Antrim. Mr. Crookshank served his apprenticeship with the late Mr. Matthew Anderson, 1 Mount]oy Square, West, Dublin, and was admitted in Easter Term, 1845. He, for some years prior to 1900 (when he retired), practised in partnership with Mr. Hunt, W. Leech, and Mr. John M. Davies, who carry on the business of the firm, at 22 Kildare Street, Dublin, and Coleraine. The Lord Chancellor of Ireland. UPON the 15th April, the first day of Easter Sittings, the Right Hon. Ignatius J. O'Brien, Lord Chancellor, took his seat for the first time in the Court of Appeal. The Attorney-General (Mr. Molony, K.C.) addressing the Lord Chancellor, said as this was the first occasion on which his Lordship sat as Lord Chancellor of Ireland, he might be permitted, on behalf of the Bar, to tender to his Lordship their warmest congratulations on his attainment to the highest judicial office in the country. They of the Bar who had worked side by side with him for many years knew that his Lordship would bring to the duties of his high office great ability, great learning and experience, and they all
rejoiced at the very high honour His Majesty had been pleased to confer upon him. He would ask at the same time to be permitted to express the universal regret of his pro– fessional brethren at the continued illness of his Lordship's predecessor which had caused him to relinquish an office which he filled with such dignity and distinction. They could only hope that, relieved from the cares and anxieties inseparable from that office, they would soon be able to rejoice at his restoration to health. The President of the Incorporated Law Society (Mr. James Henry) said, on behalf of the Solicitor profession, he desired to associate himself with the sympathetic words which had fallen from the Attorney-General in reference to his Lordship's predecessor. As a man, as an advocate, and as a Judge, he had endeared himself to and obtained the confidence of every one with whom he had come in contact. They all deeply deplored the illness that resulted in his retirement from the high office which he held, and they hoped that release from these cares of office would be the means of restoring him fully to health and strength. To his Lordship he tendered, on behalf of his brethren of the Solicitor profession and himself, the most hearty congratulations on his promotion to the highest office that any Irish lawyer could aspire to, and which His Majesty could confer. It would be very unseemly or presumptious of him to refer to his Lordship's qualifica– tions for that high office. But the Solicitors had their own standpoint, and those of them who had watched his Lordship's career and he claimed to be amongst that number knew that he would bring to the discharge of his duties ihat fearlessness, integrity and devotion to duty which were eminently characteristic of his Lordship at the Bar and as Law Officer. There were some branches of jurisdiction with reference to which his Lordship came into close relationship with ! the Solicitor profession ; and knowing as he did his Lordship's ideal of the relations that must exist between the Bench, the Bar, and the Solicitor profession, he felt confident that the Council over which he (Mr. Henry) presided would have the co-operation of his I Lordship on all occasions in promoting that | good-will and fellowship, and particularly i that mutual confidence and respect so
The Gazette of the Incorporated Law Society of Ireland.
[MAY, 1913
was a dear friend of his one who had endeared himself to all the members of the Bar a keen lawyer, and an able advocate. No one more sincerely deplored the circum– stances of his being taken from them than he did; and he heartily joined in the hope expressed by the Attorney-General and the President of the Incorporated Law Society, that in a short time they might see him restored at anv rate to better health. Recent Decisions affecting Solicitors. (Notes of decisions whether in reported or unreported cases, of interest to Solicitors, are invited from members.} CHANCERY DIVISION. (Before Barton, J.) WEIGHT AND ANOTHER v. IRVINE. May 13, 14, 1912.—Costs—Dispute whether any agreement within s. 4 of the Attorneys and Solicitors Act, 1870 Form of order. Motion on notice. This was a proceeding commenced by originating summons to realise a charge of £50 on the lands of the defendant. The plaintiffs, who were Solicitors, had for several years transacted legal business for the defendant. According to the affidavit of the plaintiffs, in the year 1909 the defendant agreed to secure some of the moneys due by her to the plaintiffs by a deed of charge, and on Feb. 22, 1909, she attended in the plaintiffs' office, when Charles T. Kennedy, one of the plaintiffs, handed to her an account for the net sum of £53 8s. 7d., signed by Thomas W. Wright, the other plaintiff, also a bill of costs for £19 18s. 4d., signed by Charles T. Kennedy, which was included in the said account. The.defendant then examined and went through the account and bill of costs with Mr. Kennedy, who agreed to accept a charge for £50 on the defendant's farm in settlement of the account, and thereupon endorsed and initialled the account. The deed of charge was then read over and explained by Mr. Kennedy to the defendant and executed by her. The said deed of charge, dated Feb. 22, 1909, was in the following terms : " I, Marjory Irvine, of the registered owner of the lands entered in folio ... in consideration of moneys advanced for me and professional
essential to the administration of justice. He was personally exceedingly pleased to be the medium of communicating to his Lord– ship the congratulations of the Solicitor profession. The Lord Chancellor, rising from his seat, said he felt it difficult to properly express his thanks to the Bar for the manner in which, through the Attorney-General, they had referred to him personally. He only wished that he could live up to the ideal which they held out before him, and also which had been indicated by the President of the Incor– porated Law Society. No one was more conscious than he was of his defects on assuming this high office. He looked back to those who occupied that office within his own recollection and those whose occupancy of it was only a memory, and looking back on that long line he felt the weight of the office which his Majesty had been pleased to confer on him ; and he felt it would be very difficult for him to carry out its duties as he would wish to do. One, however, could only do one's best. He would try to do his best, and in doing that he had not only before him the great careers of those who had gone before, but he had also beside him as members of the Bench over which he had the great honour to preside examples that would always stand before him and help him in striving to do his best. With regard to what the President of the Incorporated Law Society had said, it had always been one of his keenest desires that the great profession of which he was now the head the great profession of the Bar and the Solicitor pro– fession should always act together in every– thing that related to the good of their pro– fession act together in the interests of their clients, and that there should not, and ought not, to be any difference or friction between those two great branches of their profession. Having thanked them, he would now wish to say a very little with reference to the sad cause which had placed him in his high position the retirement of his dear friend, Mr. Redmond Barry. This illness, which had placed his Lordship where he now sat, was one of those things which might overtake any of them, and which made him, in assuming this high office, all the more diffident, and made him feel that he, like his predecessor, did not know what might be before him. He
The Gazette of the Incorporated Law Society of Ireland.
MAY, 1913]
to hear the said Atwell Hayes Alien as Solicitor in certain cases, and " in all such other cases and causes in the future as he the said Atwell Hayes Alien may appear before them, or any of them, as Solicitor for or on behalf of his clients in such cases and causes." On Feb. 10, 1913, Alien, a duly qualified Solicitor, was engaged professionally in a case at Queenstown Petty Sessions. During the hearing of the case Alien made certain remarks to which the Justices objected, and which they asked him to withdraw. He refused to withdraw them. The Justices then declined to hear him further as Solicitor, and requested him to leave the Court : he left the Court. On Feb. 11, 1913, the following letter was addressed to the Justices attending the Queenstown Sessions Court : " Court– house, Queenstown, Feb. 11, 1913. Dear Sir, I have been directed by the Justices sitting at Queenstown Petty Sessions on 10th to request that you will be good enough to attend a meeting of the magistrates of this Petty Sessions District to be held in the Courthouse at 10.30 a.m., on Wednesday, 12th instant, for the purpose of discussing the action of Mr. Alien, Solicitor, in making certain improper observations towards the Bench of Magistrates assembled here on Monday last and the magistrates of the district generally. I am, sir, your obedient servant, F. St. M. Heney, C,P.S." The Justices attended a meeting on Wednesday, Feb. 12, and passed a resolution that they would not allow Mr. Alien to practise as a Solicitor at the Queenstown Petty Sessions until he withdrew the statement he had made. On Feb. 17, 1913, Alien was engaged pro– fessionally at Queenstown Petty Sessions. He claimed the right to address the Court, but the Justices present refused to hear him, and he withdrew from the Court. Palles, L.C.B., in giving judgment, said that for Justices, jn face of 14 & 15 Vict., c. 93, s. 9, to say that they could exclude a Solicitor from the Court generally in futuro was unjustifiable. The form of the mandamus in the conditional order was in too general terms. The Court would grant a mandamus. KENNY, J., concurred. The. material portion of the order made by the Court was as follows: And on Counsel for the prosecutor applying that the conditional
services rendered to me by Thos. W. Wright and Chas. T. Kennedy, do charge in favour of said (plaintiffs) . . : the hereditaments . . . with the principal sum of £50 repay– able on demand, together with interest thereon at the rate of £4 per cent, per ann. ..." The defendant in her affidavit denied that she had ever been furnished with particulars of the costs, or that she had been furnished with a bill of costs on Feb. 22, 1909, and she accordingly moved for an order that the plaintiffs should deliver to her full and detailed particulars of their bills of costs for which the said deed of charge was given, and for an account. The Court made the following order : " It is ordered that it be referred to Chambers to take the following account viz., an account of what sum is due to the plaintiffs for principal and interest on foot of the deed of charge, dated Feb. 22, 1909 (&c.), and it is further ordered that the Chief Clerk in taking said account is to have regard to s. 4 of the Solicitors Act, 1870, and to ascertain if any agreement has been entered into between the plaintiffs and the defendant, and it is further ordered that in case there is any such agree– ment the Chief Clerk be at liberty to refer it to one of the Taxing Masters to determine whether such agreement is fair and reasonable." (Reported I.L.T.R., Vol. 47, p 95). KING'S BENCH DIVISION. (Before Palles, L.C.B., and Kenny, J.) REX (ALLEN) v. JUSTICES OF Co. CORK. April 17, 1913. Justices—Practising Solici tor—Refusal to hear Mandamus Form of writ—U & 15 Vict., c. 93, s. 9. A Solicitor, during the hearing of his case at Petty Sessions, made remarks to which the Justices objected. On his refusal to with– draw the remarks the Justices refused to hear him further. At the next Petty Sessions the Justices refused to allow him to address the Court: Held, mandamus lies to command the Justices to admit and hear a Solicitor engaged in a case before them. Application to make absolute a conditional order of mandamus, dated Feb. 24, 1913, directing the Justices who presided at Queenstown Petty Sessions, on Feb. 17, 1913,
The Gazette of the Incorporated Law Society of Ireland.
[MAY, 1913
order herein be
in
the form
following,
directed to the said Justices commanding them to admit and hear the said Atwell Hayes Alien, and to allow him to conduct and to make full answer on behalf of all parties by and against whom any complaint or informa- tion may be made and on whose behalf the said Atwell Hayes Alien may be retained as at Queenstown Petty Sessions Court. And it is further ordered that the costs herein do stand over until the termina- tion of the mandamus proceedings, (Reported I.L.T.R. XLVIL, 109.) Solicitor
that is to say : " That a writ of mandamus do issue directed to the said Justices com- manding them to admit and hear the said Atwell Hayes Alien and to allow him to conduct and to make full answer on behalf of all parties by and against whom any complaint or information may be made and on whose behalf the said Atwell Hayes Alien may be retained as Solicitor at Queenstown , cause shown to be disallowed, and it is i ordered that a writ of mandamus do issue Petty Sessions Court." It is ordered the \
Practice before the Chief Clerks of the Master of the Rolls and Mr. Justice Barton.
The following Memorandum, shewing the differences in the practices before the Chief Clerks of the Master of the Rolls and Mr. Justice Barton, which has been prepared by the Court and Offices Committee of the Council, will probably be found useful by Members. MASTER OF THE ROLLS' COURT. MR. JUSTICE BARTON'S COURT. Separate Credit Applications. 1. Application is made to the Court (on Applications are made to the Chief Clerk Monday). ( any day except Tuesday, upon which day the Chief Clerk is in Court). Application for Discovery. 2. Application is made to the Court (on Application is made to the Chief Clerk (any Monday). day except Tuesday, upon which day the Chief Clerk is in Court). Chief Clerk's Certificate. 3. Compared by the Chief Clerk himself on Compared, in the first instance, with the signing it. . Senior Clerk, and subsequently signed by \he Chief Clerk. Issuing Summonses. 4. A copy of the Summons is lodged by the Except in cases of no service of Summons Solicitor in Chambers in addition to the two and Originating Summons the copy filed in copies filed in the Notice Office. the Notice Office is forwarded by the officials to the Chief Clerk. Memorandum for the Judge. 5. The Solicitor uses his own discretion as The Chief Clerk has to settle the memo- to the documents to be lodged in Court. randum and give directions as to lodgment of documents.
MAY, 1913.] The Gazette of the Incorporated Law Society of Ireland.
MASTER OF THE ROLLS' COURT.
MR. JUSTICE BARTON'S COURT.
Draft Certificates.
6. (a) The parties to be served with notice of the application to settle the Chief Clerk's certificate are left to the Solicitor's discretion. (b) In lodging documents for the prepara– tion of the draft certificate the documents are lodged by the Solicitor with the Junior Clerk, and the Solicitor only makes out a list of the debts.
(a) The Assistant Chief Clerk gives direc– tions as to the parties to be served with notice. (b) The Solicitor, in addition to the docu– ments, has to prepare various lists, such as debts, balances, general papers lodged, etc.
Accounts.
7. (a) Accounts will be received up to the day the case appears in the list.
(a) If a document has to be lodged after the day named for lodgment the Solicitor must apply to the Chief Clerk, and it is usual to obtain the consent of the other side, or else to issue a summons for liberty to lodge the additional document. (b) The duty is impressed on the accounts prior to their lodgment in Chambers. (c) A four-day order to compel the lodging of account is made by the Chief Clerk. Decree. The Chief Clerk directs the person to be served with notice on the hearing of the summons for directions. The draft scheme is settled by the Chief Clerk at Chambers, and placed in the Judge's list for approval by him. After having been approved of by him or altered, the scheme is referred back to Chambers. When it has been settled by the Chief Clerk it is certified by him, and a summons before the Judge is issued to confirm the certificate. Allocation Schedules are settled in' public by issuing a summons to all parties before the Chief Clerk to settle the Schedule, and when the Schedule is settled it is adjourned by him into the Judge's list. Affidavits as to costs are verified, filed and produced to the Chief Clerk before the case is heard by the Judge. Allocation Schedules are verified. Sale of Stock for Allocation order made by Chief Clerk. The Solicitor gets the draft document from the Senior Clerk, and does his own scrivenry.
(b) On lodging accounts no duty is paid on the lodgment, and it is not paid until after– wards, viz., on the Chief Clerk's certificate. (c) A four-day order to compel the lodging of account is made by the Judge. Notice of 8. The list of persons to be served is left to the discretion of the Solicitor.
Charity Scheme.
9. The scheme is prepared as a matter of ordinary business, drafted by the Solicitor and settled by Counsel, and then submitted as a complete document to the Judge in Court.
Certificates.
10. In cases of certificates, all the scrivenry is done in the Chamber.
Allocation Schedules.
11. Allocation Schedules are taken by the Chief Clerk in his private room, and the Solicitor having carriage is the only person present, except in rare cases. When this is completed the Solicitor issues a summons to allocate before the Judge. Affidavits as to costs are made after the allocation order and lodged with the Accountant-General. Allocation Schedules are not verified. Sale of Stock for Allocation order made by Judge on exparte application of Solicitor.
The Gazette of the Incorporated Law Society of Ireland.
[MAY, 1913
10
MR. JUSTICE BARTON'S COURT.
MASTER OF THE ROLLS' COURT.
Sales.
The Solicitor issues a summons to proceed with the sale before the Chief Clerk. He goes through the conditions of sale as far as the particulars of the sale and general condition are concerned, and if he be satisfied he sends the title and conditions to the Court Counsel. The case is then adjourned from time to time until the title is passed by the Court Counsel, and the case is placed in the Saturday list. The Chief Clerk directs the advertisements, rentals, etc., signs the posters, fixes Auctioneer's fees, and also the valuer's they must be different persons and fixes the reserve price.
12. On the judgment or order for sale the Solicitor prepares the abstract of title, which need not be verified, nor need the documents be lodged in Court unless the title deeds are in the possession of a third party, when a summons may be issued to compel their lodgment in Court subject to lien. The abstract is sent to the Court Con– veyancing Counsel with copies of the deeds, a case for advice, draft particulars of the property, and a copy of the ordinary con– ditions of sale (General Orders, Appendix Form 16). The Solicitor drafts the particulars and conditions of sale (three copies of each), one for printer, one for Chambers, and one for verification, with an affidavit of value. The last is sent to a valuer selected by the Solicitor, who afterwards acts as Auctioneer. The valuer encloses his valuation in an envelope, verified by affidavit, and after this various documents are lodged in Court, and a summons is issued to settle the particulars and conditions of sale, moved before the Judge by a Solicitor. The Judge fixes the reserved price and the Auctioneer's fee. The Solicitor arranges the date of sale, etc., with the Auctioneer, and fills up the particulars and conditions of sale accordingly, and then has the particulars and conditions of sale printed without directions, and the Auctioneer's certificate of the result of the sale, the bidding paper and the particulars and conditions of sale referred to in it, and the documents signed by the purchaser are handed in to the Chief Clerk. Queries are discharged before the Chief Clerk, and the Solicitor bespeaks a lodgment schedule. In case of no sale the Chief Clerk does not
In case of no sale the Chief Clerk makes up a certificate accordingly. The Chief Clerk can direct tenders, and can also accept a bid if all the parties consent.
make up a certificate.
Chief Clerk's General Certificate.
13. The Chief Clerk's certificate states the residue of the fund in the body of the certifi- cate, and does not insert any statement as to
Full particulars as to the residue are given in the body of the Chief Clerk's certificate,
and in the schedule to it.
the residue in the Schedule.
Ntxt-of-Kin.
14. Inquiries are made before the Chief Clerk based on an affidavit and exhibits.
A verified pedigree has to be lodged and filed, when the matter is considered by the Chief Clerk.
11
The Gazette of the Incorporated Law Society of Ireland.
MAY, 1913.1
Intermediate Examination. THE July Intermediate Examination will be held on Tuesday, 1st July. Notices from apprentices intending to present themselves for the examination should be lodged on or before Tuesday. 17th June.
New Solicitors. ADMISSIONS DURING APRIL, 1913.
Seized Appi-rnticrshit' to John F. Small, Newry. John Moloney, Midleton Alfred E. Goodbody. Dublin.
McQuaid, Philip John Moloney, Gerald Jeremiah Watson, Samuel Herbert
ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin.
Trinity Sittings Lectures. LECTURES will be delivered to the Senior Class upon the subjects of Real Property, Equity, and Conveyancing, by Professor Mayne, on the following dates in Trinity Sittings, 1913 : June 3, 6, 10, 13, 17, 18 (Wednesday), 20, 24, 27. Lectures will be delivered to the Junior Class upon Common Law, by Professor Sharpe on the following dates in Trinity Sittings, 1913 : June 2, 5, 9. 12, 16, 19, 23, 25 (Wednesday), 26, 30.
' THE GAZETTE will accept advertisements for sale and purchase of property, loans, securities offered, and money for investments on mort– gages, partnerships, clerkships, and generally such advertisements as would be of service to the members of the Society and theProfession. Communications as to advertisements should be addressed to Messrs. Hely's Ltd., 28 Dame Street, Dublin.
Dublin: Printed by HELY'S LIMITED, at the Acme Works, Dame Court Dublin
THE GAZETTE
OF THE
frelanb,
0f
SOLICITORS' BUILDINGS, FOUR COURTS, DUBLIN.
Telephones 26O7 (2 lineal.
Law Society. Dublin."
June, 1913.
CONTENTS.
PAGE
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Half-Yearly Meeting Meetings of the Council
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Council Meetings
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Committee Meetings...
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New Members
Commissioner to administer Oaths
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Obituary
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Irish Land (Finance) Rules
Recent Decisions affecting Solicitors Mitchell and Taggart v. Ballymoney Rural District Council ...
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Solicitors seeking Call to the Bar County Courts (Ireland) Bill ...
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New Solicitors Summer Assizes
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THE GAZETTE
OF THE fncarprrateir fafo S0rietj of
Vol. VII, No, 2.]
June, 1913.
•
FOR CIRCULATION AMONGST MEMBERS.
Half-Yearly Meeting. THE' Half-yearly General. Meeting of the Society was held in the Hall of the Society, Solicitors' Buildings, Four Courts, on Friday, 16th May. The chair was occupied by the President (Mr. James Henry), and the following members were present : C. G. Gamble (Vice-President), Gerald Byrne, R. A. Macnamara, C. A. Stanuell, George Collins, A. E. Bradley, H. J. Synnott, C. St. G. Orpen, W. V. Seddall, James Moore, R. Blair White. James Murphy, A. H. S. Orpen, W. H. Fry, P. K. White, H. D. Draper, Patrick Rooney, H. C. Neilson (jun.), W. J. Ryan, Elliott M'Neill, James Braciy, E. Condell, J. G. Liclwell, Ouintin W. Kennedy. J. J. McDonald, R. A. O'Brien, John Read, Wm. Read, G. E. G. White, W. H. Sutton, M. C. O'Halloran, Sydney Bell, C. T. B. White, James Davis, G. A. G. Byrne, W. Grove White, R. T. Holmes, C. G. P. Wilson, W. J. Byrne, John Minton, Edwin Lloyd. THE PRESIDENT, addressing the meet– ing, said : We meet under the shadow of a great calamity. Mr. Justice Wright has passed from our midst with startling sudden– ness. On Wednesday he was engaged in the performance of his judicial duties ; to-day we mourn the loss of an able, fearless, and upright Judge. Throughout his career at the Bar he had that best testimony to his ability the appreciation, esteem, and respect of the members of the Solicitors' profession. He was held in eqtially high esteem ever since he obtained his well-merited promotion to the Bench. To those of us who came into closer contact with him, he was consistently a kind and genial friend. We deplore his loss, and
desire to express our heartfelt sympathy with his widow and children in their sudden bereavement. The Secretary (Mr. W. G. Wakely) read the minutes of the Half-yearly General Meeting held upon 26th November, 1912, which were confirmed. On the motion of Mr. Gerald Byrne, seconded by Mr. George Collins, it was resolved that Mr. F. Gifford, Mr. W. W. Carruthers, and Mr. D. B. Dunne be appointed Auditors of the Society's Accounts for the year ending 30th April last. The President nominated the following members of the Society to act as Scrutineers of ballot for Council, to be held on 21st November next: Mr. J. J. Cartan, Mr. E. N. Edwards, Mr. W. Geoghegan, Mr. J. G. Perry, and Mr. P. K. White. THE PRESIDENT stated he desired to refer to some of the more important of the matters which had engaged the attention of the Council since the Half-yearly Meeting of November last, and first he would refer to the question of the reform of County Court procedure which, he said, had been before the Council for the past 16 or 17 years. It was considered last year not only at the half- yearly meetings, but also at a special meeting in January, and a resolution was passed call– ing for a Commission of Inquiry into the state of the law and procedure in the County Courts. That resolution was sent to the Chief Secretary, but nothing resulted until some time late in February, when three members of the Society, Messrs. P. J. Brady, Lardner and O'Shee, had an interview with the Chief Secretary. They subsequently received from
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many people, that was the vacations and sittings at Easter and Whitsuntide. As the matter was so much talked about outside, he thought it should be known that it had not been left to outsiders to deal with. It had had the serious and continuous consideration of the Council. Last year they made repre– sentations on the subject, but those repre– sentations did not result in any change or alteration being made in the rules of the Court by reason of the difficulties which arose as to circuit. However, they had at present negotiations pending which he hoped would result successfully this year. They had framed a rule for the consideration of the rule-making authority, which he hoped would minimise, if it did not altogether get rid of, the difficulties which were made in spite of their representations last year. In conclusion, the President .said he found the room in the Society's premises provided by the Council for the President to be of very great advantage, and he thought the existence of such a room would bring before the public and the members of the profession the fact that the President of the Society was there for the benefit of the Society, and for the benefit of every member who wanted to consult with him (hear, hear). MR. JAMES BRADY said it appeared to him that the whole matter of County Court procedure, in which he had taken an interest for many years, was now a dead letter. Could they make no further progress with reference to it ? he meant was all the time, attention, trouble and anxiety on behalf of the Society and in the interests of the public now gone by the board; and had the Government made up their minds to cast the Bill to the winds, and say no more about it ? If that was the determination of the Government, he thought some strong step ought to be taken with regard to the matter. Personally he was sorry that a Com– mission of Inquiry had not been held, as it would have made it perfectly plain that there was no answer to the demand for reform. MR. ROONEY called attention to a rule which had grown up in the Chancery Division, by which all advertisements relating to incumbrancers and creditors were published exclusively in the General Advertiser. He had nothing to say against that paper, but he thought the principle was wrong, and that
the Chief Secretary a very important admis– sion : " That the difficulties in the existing procedure have been long recognised by the j mercantile community, the practitioners in the County Courts, and the County Court Judges." In addition, they received the following appreciation : " That the difficulties were dealt with very fully in the two Bills introduced by the Society in 1910 and 1911." The proposal at that time made by the Chief Secretary was to ask the Lord Chancellor to send the Bills to the County Court Judges so that the latter might make suggestions, amendments or alterations. The Council subsequently asked the Chief Secretary to arrange that the Council should see the sug– gestions of the County Court Judges, so that observations might be made upon them. There was again a very considerable delay. The request made by the Society was treated as reasonable, but up to the May meeting last year no report was received from the Judges, and it was not till between that and the November meeting they got the sug– gestions of the County Court Judges, who reported to the Chancellor. In a great many instances they were able to agree with the Judges, and since November the Council had done everything in its power to push on this measure of reform as a Government measure, but as late as the 13th March, when the Chief Secretary was asked in the House as to the state of matters, he was obliged to say he was not yet in a position to make any state– ment. Those were the bald facts of the case. It was not for him to apportion either praise or blame ; he left the facts with them, and it was for the public and the profession outside to assist the Council in every way in their power. As to the Under Sheriffs' Bill, they had been reproached with having thrown it over, but since the January meeting they had been able to show the Under Sheriffs that the reproach was undeserved. They had assisted the Under Sheriffs before, and they had continued to assist them, while at a Council meeting in J anuary they passed a very special resolution in favour of the measure, so as to assist them in a conference they intended to have with the Chamber of Commerce in Dublin. Another matter of very great importance to the public, and also to the profession, was the question which was at present agitating the minds of a great
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it was not fair to the public, the Press, or their profession that advertisements should be compulsorily put in the General Advertiser (hear, hear). MR. P. K. WHITE said he was no admirer of the General Advertiser, but he thought the explanation of the selection of that paper for the insertion of these advertise– ments was to be found in the fact that the General Advertiser kept an index record of all the publications which took place in it, which was of great importance for persons in search of incumbrancers and creditors (hear, hear). THE PRESIDENT, replying to Mr. Brady's remarks about County Court reform, said he did not think the matter was at all hopeless. Although a Commission might probably have called more attention to the matter, it could not have resulted in anything stronger than the admissions made by the Chief Secretary (hear, hear). Their repre– sentative (Mr. Byrne) had recently attended a conference at the Chamber of Commerce, and he had satisfied the representatives of the Chamber of Commerce that the Society's observations and suggestions should be upheld, and the representatives of the Chamber further said that the Society's view as to the form in which the Bill should be presented to the House of Commons, and passed, was the correct one (hear, hear). The Government were very slow, but they were not doing nothing in this matter, and it was not a dead letter, as suggested by Mr. Brady. The matter must go on. As to the matter of practice referred to by Mr. Rooney with regard to advertisements, if Mr. Rooney thought it necessary to press the matter after Mr. White's explanation, and if he sent in a statement of his grievance to the Council, they would consider it to the best of their ability, and do what they possibly could in the interests of the pro– fession (hear, hear). On the motion of Mr. Macnamara a vote of thanks was passed to the President for his statement.
elapsed between the lodgment of a requisition for a negative search and the date upon which it was ready. A letter was also read from the Registrar of Deeds (to whom the firm had written) upon the subject. It was resolved to request the Registrar to confer with the President and Vice-Presidents on the subject of searches generally. Workmen's Compensation Act. A member of the Council suggested the desirability of the making of a new rule providing for the taxation of costs incurred by the respondent, where a notice of appeal has been served but not entered for hearing. The matter was referred to the County Courts Committee. Dublin Civil Bill Appeals. In compliance with a request from the Dublin County Court Bar Association, it was resolved to request the Judges of the King's Bench Division to arrange for the disposal, after circuit and before the end of July, of such Civil Bill appeals as may be ready for hearing. Certificates. Applications by two Solicitors for renewals of their Certificates were considered, one of these was granted, the other was adjourned for a supplemental affidavit from the applicant. Law Clerks. A memorial from a Law Clerk for a modified preliminary examination was con– sidered, and it was resolved that it should not be opposed. Society's Premises. Upon the recommendation of the House Committee it was resolved that an additional entrance to the gallery of the large Hall should be effected by means of a door leading into the gallery from the landing outside the Lecture Theatre at the top of the main staircase. This doorway will render the j Smoking-room more accessible to members.
Meeting of the Council.
May \Uh.
Searches. A LETTER was read from a firm of Solicitors complaining of the length of time which
The Gazette of the Incorporated Law Society of Ireland,
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Jrish Land (Finance) Rules, 1912.
Council Meetings. MEETINGS of the Council will be held upon the following dates : July 2nd, 16th, and 30th.
ISSUE OF GUARANTEED 2| PER CENT. STOCK. UNDER Rule 9 (1) of these rules it is provided that no issue of 2f per cent. Stock is to be made between the date when the books are closed for the preparation of the dividend and the following dividend day. The effect of this provision has been that no 2|- per cent. Stock has been issued during either the months of June or December, with the result that allocations of purchase moneys, which otherwise would have taken place in July, have been postponed over the Long Vacation. The Council have drawn the attention of the Treasury to the loss and inconvenience entailed upon vendors owing to this pro– vision, and have requested that the rule should be amended so that the books should not be closed until within fifteen days of the next dividend day, as in the case of three per cent. Stock. In compliance with the request of the Council the Treasury have issued the following rule, to which the attention of members is drawn, as it reduces to fifteen days each half-year, the period during which Guaranteed 2f per cent. Stock will not be issued : IRISH LAND RULES. RULE Dated 27th May, 1913, made by the Treasury under the Irish Land Act, 1903 (3 Edw. 7, c. 37) and the Irish Land Act, 1909 (9 Edw. 7, c. 42). The Lords Commissioners of His Majesty's Treasury hereby certify, under Section 2 of the Rules Publication Act, 1893, that on account of urgency the following Rule should come into immediate operation, and, in pursuance of the powers conferred by Section 41 and other sections of the Irish Land Act, 1909, and of every other power enabling them in this behalf, hereby, without prejudice to any further exercise of the said powers, make the following Rule to come into operation forthwith as a provisional Rule : The period for which the issue of stock is prohibited under the first paragraph of Rule 9 of the Irish Land (Finance) Rules, 1912, shall
Committee Meetings.
THE
following Committee Meetings were
held during May :
Privileges, 7th. House, Library, and Finance, 8th. Gazette, 9th. County Courts, 29th.
New Members.
THE
following
joined
the Society during
May, 1913 :- -
Cowan, John, Newry. Crotty, Martin J., Kilkenny. Howley, Hubert P., Sligo. Ryan, William G.,
1 Lower Ormond
Quay, Dublin. White, Charles T. B., 13 Upper Ormond Quay, Dublin.
Commissioner to Administer Oaths. THE Lord Chancellor has appointed the following to be a Commissioner to administer Oaths : Thomas J. Blackall, Clerk of Petty Sessions, Kilrush. Obituary. MR. JAMES F. M. O'SULLIVAN, Solicitor, died on the 17th May, 1913, at his residence, Carrickbeg House, Carrick-on-Suir. Mr. O'Sullivan. who served his apprentice– ship with the late Mr. Isaac Thornton, Waterford, was admitted in Hilary Sittings, 1883, and practised at Carrick-on-Suir. MR. ROBERT G. HAMILL, Solicitor, died on the 19th May, 1913, at his residence, 15 North Great George's Street, Dublin. Mr. Hamill, who served his apprenticeship with the late Mr. Alexander O'Rorke, Belfast, was admitted in Hilary Term, 1875, and practised, formerly at Ballymena, and latterly at 7 Chancery Place, Dublin.
the Gazette of the Incorporated Law Society of Ireland.
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be the same for two and three-quarters per cent, stock as for three per cent, stock, and the proviso to that paragraph shall accord– ingly be amended so as to read as follows : Provided that no issue of stock shall be made within fifteen days of the next succeed– ing dividend day. (Signed), Recent Decisions affecting Solicitors. (Noles of decisions, whether in reported or unreported cases, of -interest to Solicitors, are invited from Members.) COUNTY COURT. (Before His Honor Judge Orr, K.C.) MlTCHELL AND TAGGART V. BALLYMONEY RURAL DISTRICT COUNCIL. April 18, 1913. Labourers (Ireland) Acts and Orders—Costs of furnishing title. THIS was a Civil Bill proceeding to recover two guineas costs for furnishing title to land taken for the purposes of the Labourers Acts. Mr. Thomas Taggart, Solicitor, appeared for the Plaintiffs ; Mr. J. B. Hamilton, Solicitor (of Messrs. Greer and Hamilton), appeared for defendants ; and Mr. W. E. Wiley (instructed by Messrs. T. T. Mecredy and Son), appeared for the Local Government Board. In delivering judgment His Honor said : This is an action brought to recover the sum of two guineas for the cost of making title to a plot of ground, part of the plaintiff, Mitchell's, farm, taken by the defendants for the purpose of erecting thereon a labourer's cottage, under the Labourers (Ireland) Acts, 1883-1906. The case was heard at the last Ballymoney Hilary Sessions, when Mr. Wiley appeared and, by leave of the Court and with the consent of the parties to the suit, argued the case on behalf of the Local Government Board, and as the point in dispute is of frequent occurrence, and some important principles of law are involved, I adjourned the case to these present Sessions for judg– ment, in order that I might carefully examine and consider the various sections, orders and authorities which were cited. JOHN W. GULLAND. WEDGWOOD BENN.
As to the facts of the case, there is no dispute. It appears that the Council, requiring the plot in question for the purposes of the " Ballymoney Labourers Scheme H," served the necessary notices upon the plaintiff Mitchell, and the price was fixed, I presume by arbitration, at £56 10s. Od. for the value of Mr. Mitchell's interest in the land, and £3 10s. Od. for consequential damage; and then Messrs. Greer and Hamilton, Solicitors for the Council, applied to Dr. Taggart, Solicitor, for Mr. Mitchell for a statement of his title by a letter dated 1st March, 1911, to which I shall hereafter more particularly refer. An abstract of title was duly furnished, by which it appeared that John Mitchell, father of Edmund Mitchell, the plaintiff and now tenant in occupation, was absolutely entitled to the farm in 1870 ; that by deed dated 3rd October, 1898, John Mitchell assigned his farm to his son, Edmund Mitchell, the plaintiff, and his daughter, Elizabeth Mitchell, as tenants in common; that Elizabeth Mitchell was dead, having pre– viously made her Will, which had not been proved, whereby she bequeathed her un– divided share to her brother, the plaintiff, for his life, and after his death to her nephew, Edward Mitchell, absolutely. Edmund Mitchell, the plaintiff and vendor, was there– fore absolutely entitled to one undivided moiety only, the other undivided moiety being in settlement. Certain requisitions on title were furnished and were complied with, and then a receipt for the purchase money and interest was signed by Edmund Mitchell and Edward Mitchell, which had the effect, under the provisions of the Labourers Acts, of vesting the land in the Council for all the estate and interest of Edmund Mitchell and Edward Mitchell. Dr. Taggart then sent in his Bill of Costs of making out title, amounting to two guineas in my opinion a most moderate one which the Council declined to pay, on the ground that, by .the Rules of the Local Government Board, the sum of 10/6 only was payable for deducing title in a case like the present, where the vendor, being a tenant from year to year in occupation, had had a fair rent fixed ; and accordingly this action was brought. By Sec. 31 of the Labourers (Ireland) Act, 1906, the Local Government Board are empowered to make
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