servant in the service of the Government.
The
Supreme Court (Kingsmill Moore J. 0 Dalaigh J.
and Martin Maguire J.,—Maguire C. J. dissenting)
upheld this contention and reversed the decision
of Dixon J., who had affirmed the decisions of the
Deciding Officer and of the Appeals Officer under
the Social Welfare Act, 1952 that this solicitor was
liable to pay contributions under the Social Welfare
Act.
The main ground, of the Supreme Court
decision was that under Section 6 of the Ministers
and Secretaries Act, 1924, the powers relating to
the public services specified including those of the
Chief State Solicitor had been specifically vested
in the Attorney General and that under Article 30
of the Constitution of 1937 the Attorney General
was the independent law adviser of the Government
and could not be a member of the Government.
Consequently as the Attorney General was an organ
of State independent of the Government the solicitor
concerned could not be said to be a civil servant
in the service of the Government but a civil servant
in the service of the State, furthermore it could not
be said that the Taoiseach had control over the office
of the Attorney General under the omnibus clause
contained in Section i of the Ministers and Secretaries
Act, 1924, under which the administrative control
of and responsibility for such public services as
may not for the time being be comprised in any of the
other Departments of State constituted by this Act
became vested in the then President of the Executive
Council—now the Taoiseach.
It will be recalled that as a result of representations
made at the special General Meeting of the Society
of the 25th November, 1954, an amendment was
introduced into the Solicitors' Bill, 1954, deleting
the expression "
Civil service solicitor"
in Section 54
(3) and substituting therefor "
solicitor in the full-
time service of the State."
and this fact is of special
significance by
reason of the present decision.
As
the appeal according
to
the Supreme Court
raised an issue of considerable public importance,
costs of the appeal and of the High Court proceedings
were awarded to the appellant.
(McLoughlin
v.
Minister for Social Welfare).
SOLICITORS' GOLFING SOCIETY
A very pleasant and successful meeting was held
at Baltray on Saturday, 28th July, when a team
competition was played against the Bar Golfing
Society to be decided on the best six cards from each
side, scoring as four-ball against bogey.
In the
result this Society won with an aggregate of 27 up
against 25 up by the Bar Golfing Society.
The
best card was returned by members of the Society,
D. Bell and G. Doyle who had 8 up. Three pairs
tied for the second place with scores of 7 up, namely
A. D. Pringle and H. McWilliam (Bar Golfing
Society), J. Griffin and D. Murphy (this Society)
and G. Hickey and M. T. Neary (this Society).
There was a large and representative attendance
from each Society and it was felt that the inter-
Society competition should not be allowed to lapse.
Dinner was held in the Clubhouse. A telegram from
the President of the Incorporated Law Society,
Mr. D. P. Shaw, as President of this Society, was
included in the messages received expressing regret
at inability to attend and wishing the meeting every
success.
It is proposed to hold the meeting for the Presid
ent's Prize and associated prizes at Mullingar at a
date (to be fixed) between mid-September and the
end of the month.
Particulars will be circulated
to members in due course.
OBITUARY.
MR. RICHARD O'BRIEN, Solicitor, died on
the
24th July, 1956, at his
residence Ballykisteen,
Tipperary.
Mr. O'Brien served his apprenticeship with the
late Mr. James F. D'Arcy, Tipperary, was admitted
in Trinity Sittings 1936 and practised under the
style of Messrs. O'Brien and O'Sullivan, Tipperary.
MR. DIARMUID MURTAGH, Solicitor, died on the
igth August, 1956, at the Bon Secour Hospital,
Dublin.
Mr. Murtagh served his apprenticeship with
Mr. P. C. Murtagh, Solicitor, Athlone, was admitted
in Hilary Sittings 1929, and practised as partner
in the firm of Messrs. Fair & Murtagh, Athlone.
THE REGISTRY.
Register C.
Two offices available Kildare Street, Dublin.
Rent £104
per annum. Reply to McCann, White & Fitzgerald, Solicitors,
72, St. Stephen's Green, Dublin.
THE Laws of England by Halsbury ;
preferably on India
paper. Please state edition, price, etc. Box Ci48.
INFORMATION is sought as to the whereabouts of the Will
of THOMAS FLANAGAN,
late of Ballymoe, County Galway,
Merchant, Deceased, who died on the 25th June,
1956.
It is possible that the deceased made a Will, perhaps with
a Dublin Solicitor, between the months of October 1954
and January 1955.
Anyone having such information is re
quested
to
communicate with HENRY
CONCANON
& CO., Solicitors, 9, William Street, Galway.
REGISTRATION OF TITLE ACTS,
1891 and 1942
ISSUE OF DUPLICATE LAND
CERTIFICATE
APPLICATIONS have been received from the registered
owners mentioned in the Schedule annexed hereto,
for the issue of Certificates of Title in substitution
for the original Certificates issued in respect of