The Gazette 1940-44

Emergency Powers (No. 285) Order, 1943 Treatment of service of Solicitors'1 Apprentices in Defence Forces as service under indentures of apprenticeship. THE Government, in exercise of the powers conferred on them by the Emergency Powers Acts, 1939 to 1942, and of every and any other power them in this behalf enabling, hereby order as follows :— 1. This Order may be cited as the Emergency Powers (No. 285) Order, 1943. 2. (1) In this Order :— the expression " the Act " means the Solicitors' (Ireland) Act, 1898 ; the expression "the emergency period" means the period which commenced on the date of the passing of the Emer gency Powers Act, 1939 (No. 28 of 1939), and ends on the expiration of the said Act; the expression " the Defence Forces " means the force and the reserve force established under Part I and Part III respectively of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923). (2) This Order shall be construed as one (1) Where any person who has been or shall be during the emergency period engaged in ser vice in the Defence Forces, has entered or shall enter into indentures of apprenticeship with a practising solicitor, the Council of the Incorpora ted Law Society may, in their absolute discretion, by order declare that, subject to the fulfilment by that person of such conditions (if any) as the said Council think fit and specify in the order, such period (not exceeding the period of that person's service in the Defence Forces during the emer gency period) as the said Council think fit and specify in the order, shall, for the purposes of the Act, be reckonable as actual service under the said indentures of apprenticeship. (2) Where the Council of the Incorporated Law Society make an Order under paragraph (1) of this Article in relation to any person, the following provisions shall, subject to the fulfil ment by that person of the conditions (if any) specified in the order, apply, that is to say :— 22 with the Act. 3.

Registration of District Court Decrees as Judgments THE Council considered the report of a Committee with reference to the case of English r. Murphy (75.I.L.T.R.128) and the Secretary was directed to write to the Department of Justice drawing attention to the fact that there is no machinery to enable funds in Court to be attached in order to satisfy a decree of the District Court and suggesting that the Department should consider the advisability of dealing with the matter by legislation. Neutrality (War Damage to Property) Act, 1941 THE Council considered the report of a Committee pointing out that no provision is made by this Act for the payment of the Vendor's costs of showing title to property acquired by district planning authorities in pursuance of their powers under Section 20 of the Act and the Secretary was directed to write to the Department of Local Government with reference to the matter. FORCES THE following is the text of an Emergency Powers Order which has, at the request of the Council, been made by the Government to deal with the position of apprentices who have been or may be engaged in service in the Defence Forces while under Indentures of Apprecticeship. The Council, while willing to facilitate the admission as Solici tors of apprentices who have served in the Defence Forces during the Emergency or who may so serve in the future, is concerned to see that the standard of education and legal training of apprentices is maintained at a proper level. The powers of the Council under the Order are purely discretionary and each application will be dealt with on its own merits. The Council has power to grant applications under the Order either unconditionally or subject to conditions. Applicants for exemption under the Order will be required to furnish evidence that the require ments of service under their indentures have been strictly complied with during such periods as they may have been released from military service. There is no exemption from lectures or examinations on the ground of military service. Further information on this matter may be obtained from the Secretary. APPRENTICES IN THE DEFENCE