The Gazette 1913-14

The Gazette of the Incorporated Law Society of Ireland.

[FEBRUARY, 1914

80

limiting of appointments as Resident Magis- . trates to those who are District Inspectors of the first class and have been District Inspec tors for not less than ten years, and to practising Barristers or Solicitors of seven years' standing. The Bar Council and this Council strongly approve of the objects of the Bill, and will endeavour to influence support in its favour. Legal Appointments. A letter in reply, dated 17th January, was read from the Lord Chancellor's Secretary, intimating that the appointments to the office of Chief Clerk and Assistant Chief Clerk in the Chambers of the Master of the Rolls and of Mr. Justice Barton rest with the Judge of the Court to which the office is attached, and not with the Lord Chancellor. A letter in reply, dated 16th January, was read from Mr. Justice Barton stating there was then no vacancy in any of the offices connected with his Court, but that in the event of any vacancy occurring he would not fail to bear in mind the contents of the Secretary's letter, directing attention to Section 12 of the Chancery (Ireland) Act, 1867, and requesting consideration for the claims of the Solicitors' profession. A vacancy having occurred on the 24th January in the office of Chief Clerk to Mr. Justice Barton, and a letter having been written to the Judge asking him to hear the views of the Society before making an appointment, a letter received in reply, dated 27th January, was read from Mr. Justice Barton stating that he had found it necessary to fill the vacancies which had occurred in his Court since the Secretary's letter of 15th January ; that he had carefully considered the resolution of the Council, and if it had not been for the strong claims of an officer of his Court who had served for twelve years, he would have appointed a Solicitor to be Assistant Chief Clerk. The following resolution was passed : Resolved :— " The Council of the Incorporated Law Society of Ireland observe with regret and dissatisfaction that, notwithstanding the representations made by them in support of the strong claims of the Solicitors' profession for appointment to the offices of Chief Clerk

and Assistant Chief Clerk, the Chancery Judge has appointed to both of those offices persons other than Solicitors. " The Council submit that Solicitors are pre-eminently qualified for the office of Chief Clerk, and the Chancery Act, 1867, expressly recognises this fact, in naming in the first instance that those eligible for the position should be Solicitors of ten years' standing. " The Council draw attention to the few appointments open by statute exclusively to Solicitors and to the almost invariable practice of passing over the claims of Solicitors where a statute permits the appointment of a Solicitor or of some other person to an office of a legal nature. " The Council hope that the appointments recently made, and to which attention is drawn by this resolution, will not be acted upon as precedents in the future, but that when vacancies occur the claims of Solicitors will receive due recognition." Copies* of the foregoing resolution were directed to be sent to the Lord Chancellor and to Mr. Justice Barton. Illegal Conveyancing. A report was submitted stating that in proceedings brought by the Society at Tipperary Quarter Sessions, under 27 Victoria, Cap. 8, against an auctioneer for having practised as a conveyancer for remu neration, a decree for a penalty of £10 was obtained. The facts of this case are more fully reported in this GAZETTE. Certificates. Applications by two Solicitors for renewal of their certificates were considered, and orders were made in both cases. Affidavits. A report was submitted from the Court and Offices Committee upon a letter from an English Solicitor who is a Commissioner for Oaths, in which he suggested that the Society should take steps to obtain the repeal of the rule of the Irish Supreme Court which requires the Commissioner to certify his