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The Gazette of the Incorporated Law Society of Ireland.
[NOVEMBER, 1916
(2). Applications under said Sub-section
shall be made by way of Originating Sum
mons ; but in any case where on the hearing
of such Summons the Court is of opinion
that proceedings ought to have been insti
tuted by Writ of Summons, the Court may,
on such terms as it may think just, stay the
proceedings and direct same to be taken by
Writ of Summons.
4 (1). No fees shall be payable or taken on
proceedings commenced by Summons or
Originating Summons, but in all proceedings
by Writ of Summons the schedule of fees in
force for the time being shall apply.
(2). The costs of proceedings under the
Act shall be regulated by the Scale of Costs
in force for the time being for analogous
proceedings in the High Court.
5. These Rules, or any of them, should
subsequent circumstances render it just so
to do, may at any time be rescinded, revoked,
amended or varied.
6. These Rules may be cited as the Law
and
Procedure
(Emergency
Provisions)
(Ireland) Rules, 1916.
Wills of Soldiers and Sailors on Active
Service.
ATTENTION is drawn to the provisions of the
Wills Act, 1837, in relation to the making of
wills of soldiers and sailors on active service.
By the Common Law anyone over the age of
14 years could make a will disposing of his
personal property.
Section 7 of the Wills
Act, 1837, provides that " no will made by
" any person under the age of twenty-one
" years shall be valid" ;
and Section 9 of
the Act provides for signature in presence of
two witnesses, etc.
Section 11 of the same Act
is in the
following terms :—'' Provided always, that
" any
soldier being
in
actual military
" service, or any mariner or seaman being
" at sea, may dispose of his personal estate
" as he might have done before the making
" of this Act."
Accordingly, a soldier in actual military
service, and a mariner or seaman at sea (but
in regard to the latter subject to certain pro
visions contained in the Navy and Marines
(Wills) Acts, 1865 and 1897, and the Merchant
Shipping Act, 1894) can, if of the age of 14
years or upwards, dispose of his personal
estate, either by a will nuncupative or in
writing unsigned and unattested.
Unqualified Person acting as a Solicitor.
Before His HONOUR JUDGE WALKER CRAIG,
Recorder of Belfast.
The Incorporated Law Society of Ireland v.
Knox.
22nd September, 1916.
THIS was an action brought by the Incor
porated Law Society of Ireland under the
52nd Section of the Solicitors (Ireland) Act,
1898, against Andrew Knox, 2 Brunswick
Villas, Henderson Avenue, to recover £50 for
acting as a solicitor when the defendant was
unqualified to do so in a case heard before
justices at Crumlin on the 29th of May, 1916.
The proceedings were brought with
the
sanction of His Majesty's Attorney-General
for Ireland.
Mr. W. Hume (instructed by Mr. W. G.
Maginess) appeared for the plaintiffs, and
Mr. Wm. Beattie (instructed by Mr. George
M'Cracken) appeared for the defendant.
In stating the case, Mr. Humc said the
lowest penalty for the offence, which was
admitted, was
£50.
Mr. Beattie said he had advised
the
defendant that the latter had no answer to
the action. Mr. Knox did act as a solicitor
on the occasion referred to, and there was
nothing for him but to submit to a penalty.
The defendant, who
then entered
the
witness box, said he was Honorary Secretary
of the Belfast Branch of the Anti-Vaccination
Society, and as such appeared under written
authority in vaccination cases. He had never
before appeared in any case under the Public
Health Act. On this occasion he looked upon
the Public Health Act as part of
the
Vaccination Acts. Witness acknowledged
he had acted wrongly, and stated that he
would never repeat the offence.
His Honour said there was nothing left for
him but grant a decree for
£50.
He knew
that the Incorporated Law Society had a
great deal of consideration for human error,
and, without any observations from him, he