64 / 244
work themselves or employ solicitors, with the
result that costs in many cases would be incurred,
which the debtors would have to pay.
The Court were not concerned either with the
policy or the result o f the Act, but only with whether
the section prohibited what the respondent did.
The only change which was effected in the material
section by the Act o f 1941 was to cast the onus of
proving that he did not act for or in expectation
o f any fee, gain, or reward on the respondent. No
point as to onus arose in the present case.
In the opinion of the Court it was clear that the
respondent must be held to have prepared the county
court documents in expectation of reward because
if judgment was recovered and money paid there
under, he would receive remuneration in the shape
o f commission on the sum recovered. True, he
received no fee, nor did he expect to receive one,
but that he expected to gain thereby and obtain a
reward seemed to be beyond question.
Mr. Hogg argued that there must be some
contractual right to receive a fee or other remunera
tion and that unless there was some such contractual
right no offence was committed. The short answer
was that the section provided that the act must
not be done for in expectation of any fee, gain, or
reward, and the word “ expectation ” clearly
indicated that there need be no legal right to recover
but a mere expectation or hope that some reward
would be forthcoming as a result of the action taken.
The Court were o f opinion that the offences were
proved and the case must go back to the justices
with an intimation that convictions must be recorded
in all the cases.
(66
T .L.R .
276)
EXAMINATION RESULTS
A
t
examinations held on the 3rd and 4th days
of February under the Legal Practitioners’
(Qualification) Act, 1929, the following passed the
examinations :—
First Examination in Irish
Ignatius F. Branigan, Mary Catherine Brennan,
Ann M. A. Burke, Gerald Bernard Coulter, Esmond
Davies, Edward Joseph Dillon, Charles W. R. Fay,
Patrick C. Kelly, Sean Kelly, Daniel Joseph
MacMahon, John Laurence Moore, Gerard Hugh
Murphy, Mary Margaret Murray, Donal Brendan
O’Connell, John Michael O’Connor, Patrick Joseph
O’Connor, Aidan O’Donnell, John A. O’Gorman,
Elizabeth Wright.
Twenty-five candidates entered : nineteen passed ;
five failed; one did not attend.
Second Examination in Irish
Stanley A. E. Belford, Denis J. Bergin, William
E . T. Bradshaw, Mary P. Gallagher, Joseph J.
Grace, Mary B. P. Hickey, James McE. Kerr,
Thelma King, Michael D. Lambe, William S.
O’Brien, Edward O’Carroll, Ronald H. C.
O’Doherty, Michael K . O’Driscoll, John C. Reedy,
John N. Ross, Richard Ryan, John Patrick Sheehy,
Philip Sheil, Daniel G. Shields, Brendan J. Wallace,
James P. Woods.
Twenty-eight candidates entered: Twenty-one
passed ; six failed ; one did not attend. .
The remaining candidates are postponed.
CALENDAR
I
t
is hoped that the Calendar will be received from
the printers by the end of March. Members who
have already ordered and paid for the Calendar
for delivery by post will receive it as soon as possible.
A limited number of copies will be available after
satisfying orders already received, and solicitors
wishing to obtain copies should order same without
delay.
OBITUARY
M
r
. C
harles
B. W.
B
oyle
,
Solicitor, died at a
private nursing home on the 16th February, 1950.
Mr. Boyle served his apprenticeship with Mr.
John Blood-Smith, 29 Lower Gardiner Street,
Dublin, was admitted in Hilary Sittings, 19 11,
and practised at 68 Middle Abbey Street.
i
M
r
.
S
ydney
M
atthews
,
Solicitor, died at a private
nursing home on the 2nd March, 1930.
Mr. Matthews served his apprenticeship with
Mr. James C. Taylor, 44 Royal Avenue, Belfast,
was admitted in Hilary Sittings, 19 15, and practised
at 1 and 2 College Street under the style of Messrs.
Hoey & Denning up to his retirement in December
last.
M
r
. J
ames
K
earns
,
Solicitor, died at his residence,
Portumna, Co. Galway, on the 2nd March, 1950.
Mr. Kearns served his apprenticeship with the
58