136 / 244
financial position. S. wishes to know whether he
may act for AB and his son in proving their claims
against the estate o f CD in the bankruptcy. The
Council were o f the opinion that as CD has no
privilege against complete disclosure of his alfairs
in the Bankruptcy Court S. may act for AB and his
son in proving their claims.
Appeal from the District Court. Issue o f
execution order
M
embers
o f the Society acted for the plaintiff in
civil proceedings for damages for assault and
battery in the District Court and obtained a decree
for
£10
damages with £3 u s . 6d. costs and expenses.
On appeal by the defendant the decree o f the
District Court was affirmed with
£16
16s. yd.
costs and witnesses’ expenses. The County Registrar
refused to issue a warrant for the total amount of
the decree as affirmed, amounting to £30 8s. id.,
on the ground that this is the duty o f the District
Justice and referred to the Circuit Court Rules
1950, Order 43, Rule 7, and the District Court
Rules, 1948, Rules 197 and 198. The decree was
sent to the District Court clerk who issued a warrant
for the amount with District Court costs and
expenses only totalling £ 13 n s . 6d. This amount
had been collected from the defendant and the costs
o f the affirmation of the decree are still outstanding
They asked for the opinion o f the Council as to the
legal position. The Council expressed the opinion
that having regard to Section 23 o f the Courts
o f Justice (District Court) Act, 1946, it was the
duty o f the District Justice to issue an execution
order for the whole amount o f the decree with
costs and expenses as allowed by the Circuit Court.
COMPANY LAW REFORM
COMMITTEE
T
he
Attorney General has set up the following
Committee to consider and make recommendations
on the subject o f company law reform :—Chairman,
Mr. H. Vaughan Wilson, S.C. Members : Messrs.
Robert Leonard, K .C .; Henry J. Moloney, S.C.,
representing the General Council of the Bar of
Ireland; Messrs. Arthur Cox and George A.
Overend, representing the Incorporated Law Society
of Ireland; Messrs. Herbert E . A . Addy and
Gabriel Brock, representing the Institute o f Char
tered Accountants in Ireland; Messrs. Mervyn
Bell and W. L. White, representing the Society o f
Incorporated Accountants in Ireland.
Secretary,
Mr. John Kenny, B.L.
64
APPLICATION FOR AN OLD AGE
PENSION. DELAY IN THE STAMP
OFFICE, ADJUDICATION BRANCH
AND LAND REGISTRY
T
he
following facts, which, members w ill agree,
disclose considerable hardship, were recently sub
mitted to the Council. Solicitors were consulted
by an old lady on the subject of an old age pension
at the rate o f 17s. 6d. per week to which' she became
entitled by virtue o f a marriage settlement dated
23rd November, 1948, made in view o f the intended
marriage o f her son which was solemnised on the
following day.
The settlement was lodged for
stamping on 26th November, 1948, and after
repeated reminders the stamp duty was assessed,
the deed being stamped on 19th April, 1949. It
was lodged in the Land Registry on 22nd April,
1949, and registration was effected on 31st August
o f the same year. The interval between the execution
o f the settlement and the registration o f the dealing
during which the deed was in the custody o f the
two Government departments was approximately
ten months. Shortly after 24th November, 1948,
an application was made to the Local Pensions
Committee claiming the old age-pension with effect
from the date o f the settlement, but the claim was
rejected on the ground that no evidence o f the
settlement could be produced. No appeal was taken
against this decision. As soon as registration had
been completed a certified copy o f the folio was
lodged with the Pensions Officer with a claim for
arrears o f old age pension back to 26th November,
1948, to which the registration was referable. The
Local Pensions Committee on 31st December,
1949, awarded the applicant a pension from 23 rd
September, 1949, and refused the claim for arrears.
The applicant did not appeal against this decision
within the prescribed time o f seven days. The
papers were referred to the Council with the request
that they should approach the Minister to have the
decision o f the Pensions Committee re-opened
having regard to the extreme hardship o f the case
and the lengthy delay which had occurred in the
two Government departments concerned.
The
Minister stated that he had no power to re-open
the matter, and that the decision o f the Pensions
Committee became final in the absence o f an appeal.
He also said that it could not be assumed that the
Central Pensions authority would have disallowed
the original claim if an appeal had been lodged
within the prescribed time although evidence of
the settlement could not then be produced. The
applicant in this case was the unfortunate victim of