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The Gazette of the Incorporated Law Society of Ireland
[DECEMBER, 1937
Attention having been
called
to
the
inadequacy of the remuneration allowed to
Solicitors assigned by
the State
in
the
Central Criminal Court for the defence of
prisoners on capital charges, as a result of
representations
the Attorney-General has
arranged that an
increased
refresher
fee
would be payable where a Solicitor con–
cerned is ordinarily resident in the country
and is called upon to attend personally at
the trial for the defence.
Complaints have been received regarding
delay in furnishing certificates under Section 6
of Finance Act, 1928, and the Revenue Com–
missioners have intimated to the Council
that they will be prepared to receive partic–
ulars of any such complaints, as they are
most anxious that grounds for such should
be removed.
I referred in
my
last half-yearly address to
the question of duty on certain life insurance
policies being claimed both in the Irish Free
State and in England. The British Revenue
authorities
have
now
intimated
their
acceptance of the law as laid down in the
judgment of the High Court of the Irish
Free State in the case of " In re Finance
Act, 1894, and Deane," reported in the Irish
Law Reports, 1936, page 556. This report
is worthy of study.
A new catalogue of the books contained in
the Society's Library has recently been dis–
tributed to the Society's members, and I am
glad to pay tribute to the workmanship in
the city of Dublin which has produced such
a handsome volume.
I have no doubt that
members will find it of much use.
I wish to emphasise the provisions of the
Legal Practitioners (Qualification) Act, 1929,
which applies to every intending apprentice
to a Solicitor who was under the age of 15
years on the first day of October, 1929. No
person to whom the Act applies is capable of
being bound by indentures of apprenticeship
to serve as an apprentice to a Solicitor unless
he has obtained from the Incorporated Law
Society of Ireland a certificate that he has
passed a First Examination in Irish. The
Act does not permit of the acceptance by
this Society of a certificate-of having passed
any other examination in Irish in lieu of the
intending apprentice passing an examination
under the Act. The Act also provides that
no person shall be admitted a Solicitor unless
he has obtained from the Incorporated Law
Society a certificate that he has passed a
Second Examination in Irish within one year
before the expiration of the term of his
apprenticeship or within one year before
being so admitted.
Mr. Malvern V, like having resigned the
position of Special Examiner for the Inter–
mediate and Final Examinations on his
appointment as Solicitor to the Provincial
Bank during the year, the Council appointed
Mr. Joseph Shields, Solicitor,
to
fill
the
vacancy.
Mr. Frank V. Ciordon, who was for thirty
years Special Examiner for the Preliminary
Examinations,
having
also
retired,
the
Council appointed Mr. Kenneth C. Bailey,
F.T.C.D., to fill the vacancy.
Mr.
Ireland, who acted as one of the
Auditors of the Society's accounts for twenty
years past, during the year requested to be
relieved from further service as Auditor, and
the Council has placed on record an expression
of its thanks to him for his valuable services
to the Society.
Mr. Glynn and Mr. Prentice with Mr. E. J.
O'Brien were appointed as Auditors at the
General Meeting held in May. The accounts
for the year ending 1937 have been audited
by them, and I wish on behalf of the Council
to express its thanks and appreciation for the
discharge of this work.
The Council has had under consideration
questions dealing with domestic matters
incidental to the government of the Solicitors'
profession, especially such as relate to dis–
cipline and education, and whilst no final
decision has so far been arrived at, it has
become increasingly evident that it may be
necessary to seek to promote legislation.
As you are probably aware, the English
Law Society has recently obtained an Act
greatly extending the powers and authority
of that Society and the Solicitors' Bill in
Northern Ireland has passed through the
Senate and awaits consideration in the Com–
mons, under which very extensive powers
are being sought relating to the matters to
which I have referred.
I would now propose the adoption of the
report.