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THE GAZETTE
OF THE
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rtlanir.
Vol. X, No. 10.]
April, 1917.
r FOR CIRCULATION
L AMONGST MEMBERS.
Meetings of the Council.
March 14th.
Military Courts of Inquiry.
A member of the Society had informed the
Council that a collision occurred between a
motor car, the property of his client, and a
military motor waggon, and that the client
having got an intimation from the military
authorities requesting him to attend at an
inquiry, went to the inquiry accompanied by
his Solicitor, but on arrival the military
authorities refused to allow the Solicitor to
be present at the inquiry.
At the request of the Council the President
had an interview with the General Officer
Commanding-in-.Chief, at which the President
requested that Solicitors should be granted
permission
to attend military courts of
inquiry held to investigate cases of damage
to persons or property and out of which legal
proceedings might subsequently ensue. The
General Officer Commanding-in-chief pro
mise:! that the matter would receive con
sideration.
A letter was read stating that the request
of the President had been submitted to the
Army Council, and that the Army Council
were of opinion that the proposal appeared
to them to be inconsistent with the character
and purpose of Courts of Inquiry as con
templated by the Manual of Military Law
and
the King's Regulations,
and
that,
therefore, it could not be entertained.
On page 638 of the Manual of Military Law,
1914 (reprinted, 1916), the following note
appears :—'' A court of inquiry has no power
" to compel
the attendance of
civilian
" witnesses."
Section 1 of the Army (Courts of Inquiry)
Act, 1916 (which Act is to continue in force
until the termination of the present war and
no longer), provides that " the rules as to the
" procedure of courts of inquiry under Sub-
" section (5) of Section 70 of the Army Act
'' may, in cases where the Secretary of State
" certifies that the evidence of persons who
" are not subject to military law will be
" necessary, make provision for compelling
'' such persons to attend as witnesses, to give
'' evidence, and to produce documents before
" the court
.
.
.
."
House of Lords Appeals.
A letter was read in reply from the Taxing
Officer of Judicial Costs in the House of
Lords, acknowledging receipt of the amend
ments suggested by the Costs Committee of
the Council in the draft forms of Bills of
Costs (as between party and party) applicable
to judicial taxations in the House of Lords
in appeals from Ireland, which draft had been
received from the Taxing Officer. The letter
stated that the Taxing Officer agreed with
almost all of the amendments suggested.
Preliminary Examination.
Memorials, under Section 18, from two Law
Clerks for modified Preliminary Examinations
were considered, and it was resolved to
consent to the granting of a modified examin-
tion under the Judges' minute of 12th May,
1892, in both cases.