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totalitarian system of life than that of a democracy.
We sincerely hope that the Minister will have
second thoughts before pressing the proposal.
The provision of Section 48 entitling a Court
to direct the payment of costs is a re-enactment
of various general provisions of law but it seems
unreasonable
that a corresponsing right
in a
proper case
should not be given
to District
Justices and Judges where the Court feels that
the circumstances are such as to entitle a person
who has been charged and acquitted to payment
of his costs.
The provision proposed by Section 44, whereby
the prosecution may apply for leave to re-open a
case
if it can "mend its hand" by
tendering
further evidence is a reprehensible one. It places
a premium on an incompetent prosecution armed
with all the advantages which the State with
its vast resources, research opportunities, investi
gation potential and the choice of experienced
Counsel proposes as opposed to the industry and
alertness of the Defence. It may well mean that
no purpose will in future be served by Defence
Solicitor and Counsel probing and analysing the
factual and technical weaknesses and deficiencies
of a prosecution including ommissions from the
depositions in the Court below and From their
right to rely thereon. There are aspects of this
Bill, and this is one, which cause us to feel that
in many respects it is retrograde in effect and
purpose. A Section such as this is designed deli
berately
to bring about conviction and other
Sections are, also, designed with this object in
view whether in the Court of Trial or on Appeal
to the Supreme Court.
ADMINISTRATIVE RESEARCH BUREAU
Many members have been circularized by the
Administrative Research Bureau of the University
of Dublin with a view to having their names in
cluded in a Register of Undertakings which the
A.R.B. were preparing. The Council considered
the question as to whether or not it would be
professional for Solicitors to include their names
in this register.
In the view of the Council it would not be
unprofessional for Solicitors
to
furnish
to
the
A.R.B. the following information :
the name of
the firm,
the name of
the partners holding
practising certificates,
the business
address or
addresses of
the firm, any Degrees which the
partners hold. The Council considered that it
would be objectionable for members to furnish
to the register the number of employees and also
any
information under
the
title
"Nature of
Business" or "Products or Services" which would
indicate that the firm specialise in a particular
branch of work, or are specially qualified to under
take specified work.
SOCIETY OF YOUNG SOLICITORS
The Society have arranged a lecture by Professor
L. A. Sheridan of Queen's University, Belfast, on
"Reform of the Law of Real Property" which
will be given in the Shelbourne Hotel, Dublin,
on Thursday April 17th at 8.00 p.m.
Professor Sheridan is a member of a small com
mittee set up
in 1967 by the Government of
Northern Ireland to consider this topic and it is
to be hoped that his lecture make spark interest
among members of the legal profession here in
this subject.
The lecture will be open to the public.
ESTATE DUTY OFFICE—ARREARS OF
WORK
The Society has been in correspondence with the
Assistant Secretary Revenue Commissioners
in
charge of the Estate Duty Office on the subject
of delays in getting Estate duty assessments lead
ing to grants of probate. Examples where cited
of three cases which are considered to be typical
of the present position in the office.
In one case the deceased died on 10th June
1968 and the schedule of assets was brought in
on 3rd September. In another the deceased died
on 20th June 1968 and the schedule of assets
was brought in on 14th October. In the third
case the deceased died on 23rd August 1968 and
the schedule of assets was brought in on 4th
November. Queries were raised—in the two earlier
case upwards of two sets of requisitions—all of
which were dealt with as speedily as possible but
the assessments had not been issued by January
24th. In the case of the death which occurred on
20th June 1968 the main assets consisted of policies
of life insurance the proceeds of which had been
lying idle for upwards of six months causing great
loss and inconvenience to the estate. The Society
pointed out
in
the correspondence with
the
Estate Duty Office that a serious situation is build
ing up as delays seem to be getting longer and
longer and it was suggested for the consideration
of the Revenue Commissioners that the English
practice should be adopted of making a pro
visional assessment immediately on receipt of the
schedule of assets on the property then returned
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