73 / 142
DECEMBER, 1928}
the Gazette of the Incorporated Law Society M Ireland.
During the year two important decisions
were given, which established the fact that
the procedure adopted in the Master's Court
was not in accordance with the Rules. I refer
to the decision in the case of " Roe v.
McMullen," mentioned in the Report, and
also to the case of " Stokes and Wilkie."
As will be seen by the Report, it was held
in the former case that certain Orders had
been made by the Master in excess of his
jurisdiction. Your Council took the matter
up at once, and joined in a deputation to
the Minister for Justice, as a result of which
the Courts of Justice Act, 1928, which has
become law, contains a clause dealing with
the difficulty that had arisen, and this,
I think, should be regarded as satisfactory.
The second decision, that in the case of
" Stokes and Wilkie," made it clear that the
system of marking judgment by default in
the High Court was wrong. Representations
were made, as a result of which a formal
hearing is now held by the Master in each
case, and a Bill has been introduced in the
Dail to validate the judgments obtained, and
to prevent proceedings being taken in regard
to them.
It is hoped that this Bill will soon
become law, and the unsatisfactory position
at present existing will be remedied.
It will
be to the advantage of litigants if the Rules
are amended to provide for a more simple
procedure for obtaining judgments analogous
to the old system.
Bodies Corporate Bill.
It is a matter of great satisfaction to your
Council that the amendment to the Bodies
Corporate Bill put forward by them was
adopted. Your Council viewed with con
siderable apprehension the absence from the
Bill, as originally drafted, of any provision
fixing a minimum capital for the Bodies
entitled to act under the terms of the Bill.
The amendment was drafted solely for the
protection of the public.
Circuit Court Rules.
Since I last addressed you the Circuit
Court Rules were before the Dail. They
were referred to a Joint Committee of both
Houses, who have reported, and I think we
may regard these Rules as having been
finally
rejected.
Great
inconvenience
is
being caused by the absence of Rules.
I am
unable to say the exact position with regard,
to these Rules, but I know that the Report
of the Committee has not been considered by
the Dail. The incoming Council will, I am
sure, press for the making of Rules as soon
as possible.
Bankruptcy and Companies.
The Committee
to
inquire
into
the
Bankruptcy Law and winding-up of com
panies has continued its sittings. An interim
report dealing with the Bankruptcy Laws
alone has been issued, and I think that the
recommendations of
the Committee are
generally approved of.
The evidence
in
connection with the Companies Acts has been
taken, and recommendations under
this
branch of the inquiry will soon be considered.
Examiner's Office.
At the May meeting I referred to the
delays in the Examiner's Office, about which
complaints had been made, when I stated
that I was satisfied that any delays that
occurred were due to insufficiency of staff.
It will be noted that the Minister for Justice
stated in the Dail, in response to inquiries
on the subject, that steps were being taken
to appoint additional staff, and I have also
received assurances in this direction.
I trust
that
this will
enable
the work
to be
expeditiously dealt with.
Legal Practitioners (Qualification) Bill.
I am sure most of you are familiar with
the Bill lately introduced in the Dail to make
the knowledge of Irish necessary for any
candidate for admission to our profession.
The Law Society are entrusted with the duty
of seeing that no person is admitted to the
profession who
is not fully qualified by
general education and legal knowledge. At
our
Preliminary Examination
intending
apprentices have to satisfy the Society that
they have received an education of a high
standard.
Having passed that test
the
Society's next duty is to provide adequate
legal education, and lectures are given for
this purpose by the Society's Professors.
Two further examinations have to be passed :
the Intermediate, in the theory and practice
of law and in book-keeping ;
and the Final,
in the theory and practice of law. The Bill,
which passed the second reading recently in