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actually goes into the pocket of the conveyancer
is not so very different in the two countries. It
may be mentioned that the profession in France
is undergoing very similar uninformed criticism to
that directed at solicitors in England in respect
of the expense of employment of a lawyer; but in
France the activities of the National House Owners
Society would be considerably handicapped by
the rule mentioned above whereby only a notary's
document may be registered at the Bureau des
Hypotheques !
The writer would like to take the opportunity
of recording his gratitude to Maitre Jules Thomas,
notary of Nancy, and to his staff for their kindness
to him during his brief period he spent studying
in the office of Maitre Thomas.
H. W. A. THIRLWAY
MARTS BILL
The Secretary of the Law Society issued a state–
ment today on behalf of
the Council drawing
attention
to
the certain provisions
in
the Bill
which the Council regard as dangerous and pos–
sibly unconstitutional. The statement pointed out
that there are certain activities which
require
statutory licences in the public interest. Auction–
eers, publicans, dance hall proprietors for instance
must obtain annual certificates. Solicitors cannot
practise without a certificate from the Law Society.
The control is
imposed in the interests of the
public. The point is that the certificate is issued
by the Court or alternatively there is a right of
appeal to a Court against the refusal or granting
of a licence.
What is sought in the present Bill is to enable
the Minister for Agriculture
to determine the
rights of individual citizens to engage-in business
without any appeal
to
the Courts. This
is a
dangerous power to entrust to any Minister or
Department. It is apparently suggested that there
should be a right of appeal to a lawyer appointed
by the Minister. An appeal from a ministerial
decision to a nameless person appointed by the
Minister is no substitute for a right of appeal to
the Courts where
the
facts will be examined
openly and published
in
the press. Why
is
it
thought necessary to incur additional State ex–
penditure when there are already sufficient jus–
tices and judges who are paid to perform these
functions?
The right of appeal at present envisaged
is
given only to the marts in the event of a refusal.
There is no appeal by a member of the public
against the granting of a licence. The Bill affects
private citizens dealing with
the cattle marts.
There could well be cases of abuses in the conduct
of livestock sales. An owner may have reason to
suspect that his stock was sold at an under value
at a collusive sale. Sales may be conducted such
a way as to cause a nuisance or annoyance to
the public or there may be other abuses or breaches
of the ministerial regulations. Under the Bill the
only remedy of a customer or a member of the
public is to complain to the Minister who may
revoke the licence. If the aggrieved party cannot
prove his case up to the hilt he may be faced
with a ruinous action for defamation because the
privilege of immunity which covers sworn evi–
dence given before a Court of Justice will not
extend to complaints made to the Minister or his
Department. The farmer or a public representative
may be morally certain of the truth of the case,
and it may in fact be true, but only the most
foolhardy would take the risk of ruinous proceed–
ings for defamation in order to redress a grievance.
The cattle marts have a virtual monopoly of
business in the areas in which they are operate.
Rules backed by legal sanctions are essential and
the Minister
is
the proper authority
to make
them. The Courts of the country which must pro–
tect the citizens' rights without fear or favour are
the proper authorities to interpret and enforce
the rules. Press publicity in Court proceedings is
a valuable safeguard against possible abuses in the
operation of the marts and the interests both of
the marts and of their customers would be fully
protected by the impartial decision of a Court.
The Council suggested that the livestock marts
should operate under licences issued annually by
the District Court in the same manner as auction–
eers, publicans, and dance hall licences. Any per–
son with a grievance would have a right to object
to
the renewal of
the
licence with
full
legal
immunity for evidence given on oath in open
Court.
It
is better that grievances should be
investigated in this way than by complaints to the
Department for which there is no immunity and
from which the only appeal is to an anonymous
person appointed by the Minister whose decisions
will be reached after an enquiry which may or
may not be open
to the public. It should be
added that the annual application for an auction–
eer's, publican's, or dance hall proprietor's licence
costs practically nothing beyond
the
revenue
stamp on the licence so that there could be no
objection to the Council's proposal on the ground
of expense.
Swift wrote that a man clad only in his shirt
is no match for an opponent armed from head to
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