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Court Committee Report on Master
The sixteenth interim Report of the Committee on
Court Procedure relating to the Jurisdiction of ttc
Master of the High Court was published recently. The
Committee first considered the previous functions of the
Master of the High Court. It concluded that the main
importance of the Master's office now lies in the judicial
sphere and that consiquently he would have little time
for exercising any administrative functions. The Com-
mittee considered that the Master should be a judicial
officer with limited jurisdiction under Article 37 of the
Constitution. The Master should by statute be given all
the jurisdiction which a High Court judge now excrciscs
in all
exparle
applications and in all motions on notice,
except the following: —
(a) Matters relating to criminal proceedings:
(b) Matters concerting the liberty of the person, inclu-
ding attachment;
(c) The granting of injunctions;
(d) Applications for bail;
(e) Applications for the trial of any issue before the
trial of an action;
(f) All applications to approve settlements in eases in
which damages are claimed on behalf of infants
where liabilUy is in issue, and applications under
section 63 of the Civil Liability Act. 1961;
(g) Probate Motions;
(h) Conditional or other orders in Slate Side matters
save orders for enlargement or abridgement of time;
(i) Interlocutory applications in matrimonial cases;
and
The Master should also continue to excrcise all juris-
diction which is at present vested in him and which may
in future be conferred upon him.
Tn order to simplify trial procedure it is recommended
that in most actions the plaintiff must, within one
month after the pleadings have closed, or are deemed
to have been closed, take out a summons to ge known
as a "Summons for Directions" returnable to the
Master in not less than 14 days in the formed annexed in
Appendix D to this report.
The object of this is to enable all matters wh
:
ch can
be dealt with interlocutory applications, and have no:
already been dealth with, to be dealt with in so far as
possible. In the hearing of the summons the master shall
order and give such directions as he thinks fit. Upon the
hearing the Master of the High Court, if satisfied that
his orders and directions have been complied with, shall
order that the action shall take its place in the list of
cases ready for hearing in the High Court,—and shall
sign the summons for directions. Unless an action is for
summarv judgment or an action which the Court has
ordered to be listed without further pleadings normally
no action would henceforth appear in the Court list for
trial until the Master has given his directions. It is
recommended that the Master should sit for five days a
week during the Law Terms and that the person
to be appointed as Master should be u practitioner of
wide experience in litigation. Furthermore, in order to
prevent a person from being adjudicated a bankrupt
without any form of judicial intervention,
:
t shou!:!
henceforth be necessary for creditors to bring this
adjudication before the Master and the Master should
have the power to postpone the adjudication until such
further notice as he deems necessary has been given to
the debtor.
OBITUARY
Lorcan Gill —An appreciation
The recent sudden death of Lorcan Gill at his
residence, Belclare, Wcstport came as a great shock, not
only to the members of the Mayo Bar Association, of
which he was a former President, but also to his
large circle of friends and to the community he served
so faithfully during his professional career.
Qualifying as a Solicitor in the year 1929, Lorcan
soon established himself as one of the leading and most
popular members of the profession. His quiet courteous
and unassuming manner, more especially to his younger
brethren, when in need of guidance, was a revelation
to study, for Lorcan far preferred to hide his expertise
and brilliance under the proverbial bushel, rather than
impress any colleague.
All his life he was keenly interested in sport; my
happiest recollections are long after he had retired
from active rughy to see him taking his place on the
local team in a vain effort to stem the opposition.
Lorcan was truly a gentleman; his practice always
appeared to me to be 'A man's word was his bond',
and he certainly lived up to that ideal.
His passing has left a void in his ranks of the Pro-
fession that can never be filled. He will be sorely missed
by his many friends both at the Bar and in the
Solicitor's profession.
P.J.D
Mr. Edward W. Hcaly, Solicitor, died in June, 1972.
Mr. Hcaly was admitted in Easter Term 1942 and
practised at Pearse Street, Glonakilty, Go. Cork.
Mr. Cornelius M. J. Daly, Solicitor, died unexpectedly
while on business in London on 4th July, 1972. Mr.
Daly was admitted in Michaelmas Term 1929 and
practised under the title Cornelius J. Daly & Co. at
19 South Mall, Cork, and under the title of Messrs.
J. J. Ronavne & Co. in Midleton, Co. Cork. Mr. Daly
was n incmlier of the Council of this Society from 1952
to 1959 and was Vice-President in 1958-59. Mr. Daly
had acted for many years with the President, Mr.
O'Donovan, as Joint Honorary Secretary of the General
Council of Provincial Solicitors Associations.
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