The Gazette 1930-33

[DECEMBER, 1932

The Gazette of the Incorporated Law Society of Ireland.

28

At first sight it would appear that returns from Bankers and Stockbrokers would cover every transaction on the Stock Exchange, but it was pointed out that a considerable volume of dealings in securities is transacted otherwise than through the Dublin and Cork Stock Exchanges, and the Minister said that he thought a substantial proportion of this business passes through the hands of Solicitors via London Stock Brokers. Considerable correspondence ensued with the Ministry, and the Council decided to comply with the Minister's requisitions in the matter and to commend to the Profession compliance by filling up the necessary forms which were settled at interviews which I had with the Ministry early in the present year. The Return asked for from Solicitors in the Irish Free State is the total cash value of all Stock Exchange Securities acquired person– ally or on behalf of clients from persons residing outside the Saorstat by means of Stock Exchange purchases outside Saorstat Eireann, and likewise the cash value of all securities transferred by Saorstat residents, or personally to persons residing outside the Saorstat by means of Stock Exchange sales outside Saorstat Eireann. These forms have recently been issued to Solicitors, and it is recommended that they should be filled tip and returned to the Secretary of the Law Society, who has undertaken to summarise the figures and furnish the aggregate for use to the Ministry. This will not entail any great amount of trouble to members of the Profession, and the Council felt that it was their duty to support the Minister in the compilation of useful and necessary statistics. MEMBERSHIP OF SOCIETY. The membership of the Society to date is 769. This shows a satisfactory increase over last year of 68, while the number of Solicitors practising in the Irish Free State is at the moment 1,248. The increased membership of the Society is gratifying, but still it is hard to reconcile that there are 479 practising Solicitors on the Roll who do not think it worth their while to become members of the Society.

that he had no doubt that the Court Officers Act, 1926, gave judicial power to the County Registrar to give final judgment, and that it was not the function of the Circuit Court Judge to say whether the exercise of judicial power by the County Registrar was ultra vires Article 64 of the Constitution. There is no doubt that a not inconsiderable number of lawyers consider that the exercise of this judicial power by County Registrars is ultra vires the Constitution, and conse– quent!}' the matter cannot be said to rest on quite a satisfactory basis. Another question on the rules of some importance, especially to those Solicitors who do not practise in county towns, is whether the necessary papers to enable judgment to be marked in the County Registrar's Office can be sent to the County Registrar by post or must be presented by a Solicitor or his assistant personally at the office. A number of County Registrars maintain that these papers cannot be sent by post, notwithstanding Rule 18, Order XLI, which provides that any document may be sent by post to the County Registrar. If the contention of these officials is correct it means that Solicitors who do not practise in county towns must appoint agents there to represent them. Circuit Court appeals have been dealt with as expeditiously as circumstances permit. There are at the moment 108 appeals unheard. EQUITY APPEALS The Taxing Masters have intimated as a re– sult of representations to them that in future all proper and necessary affidavits, certi– ficates and orders briefed to counsel on the hearing of Equity appeals will be allowed. RETURNS AS TO EXTERNAL TRADE. The Minister of Finance intimated to the Council towards the end of last year that he was anxious to collect statistics regarding the external trade and commerce of the Saorstat. The Minister explained that the Irish Banks had agreed to keep records and also members of the Stock Exchange. These statistics were required to show the value of securities bought or sold on the Stock Exchange by Saorstat residents to 1 and from persons who resided elsewhere.