198 / 324
were opposed to the provisions of the bill although
they pointed out that express powers of investment
in settlements wider than the statutory range would
not be affected. The Council approved of the report
and directed that it should be sent to the Department
of Justice.
Garnishee Order against Solicitor. Privilege.
A MEMBER acted for the vendors on the sale of
property and lodged the proceeds in a certain bank
on the clients' instructions.
Some days later an
order of garnishee was served on member following
a
judgment obtained by another party against
his clients (the vendors). Member did not act for
the vendors as defendants in these proceedings.
In his affidavit in reply to the garnishee application
he stated that he had no funds in hands at the date
of the order.
The Garnishor proposed to cross
examine him on his affidavit to ascertain the bank
and the name of the account to which the monies
were paid and member claimed privilege.
He
asked the Council for advice and financial aid.
The Council adopted the report of a Committee
who stated that member must claim privilege.
If
the judge disallowed the privilege member might
if advised ask the judge to make a formal order
which would be appealable to the Supreme Court.
He would however as a matter of professional
conduct be entitled to act on the judge's ruling
without appealing.
If the Judge ruled against
the privilege and the client wished to appeal the
Committee were of the opinion that the client
should indemnify member against the costs thereof
but that the Society should not contribute.
REPORT OF THE REGISTRAR'S
COMMITTEE.
For the year 1956
i. The Committee is constituted under Council
Bye-Law 4
(b).
Under Bye-Law 6 (£) the quorum
for a meeting of the Committee is three. Pursuant
to Section 73 of the Solicitors Act, 1954 the following
functions of the Society are delegated
to
the
Committee:
(a)
The functions of the Society under Sections
28 (3) 29 (5), 3i, 33, 34, 35, 48, 49 and 5i of
the Solicitors Act 1954 and under regulations
made pursuant to Section 40
(a)
and 40 (5)
(b)
of
the said Act. These regulations are contained in
the Solicitors Act 1954 (Practising Certificates
and Restrictions on Solicitors) Regulations
1955 (S.I. No.
do
of 1955).
(H)
The
consideration of complaints
against
solicitors other than applications to the Dis
ciplinary Committee by persons (other than
the Society) under Section 14 of the Act.
(f)
The institution of proceedings on behalf of
the Society before the Disciplinary Committee.
The Committee's functions under item
(a)
includes
all questions connected with registration of inden
tures of apprenticeship and the issuing of practising
certificates. The Committee consider that all matters
connected with apprentices, including registration
of indentures, would be more conveniently referred
to the Court of Examiners, except questions which
may involve the consideration of complaints against
solicitors.
They therefore recommend that the
functions of the Society under Section 28 (3) and
29
(5) mentioned in item
(a)
above should be
transferred from the Registrar's Committee to the
Court of Examiners.
2. The Committee considered applications for
practising certificates by solicitors in circumstances
in which the Council have a discretion to refuse to
issue a certificate under Section 49 (i) of the Act.
All the applications received from solicitors were
granted.
3. The statutory
list of practising solicitors
under Section 5 3 of the Act was published and cir
culated to the Taxing Masters, County Registrars,
District Court Clerks and to the Bar Associations
and a circular was issued to all interested persons
advising them that solicitors whose names do not
appear on the statutory list are not entitled to practise
as solicitors.
4. The Committee disposed of fifty two complaints
affecting solicitors' conduct.
In twenty four of
these cases they decided to take no action.
In
fourteen cases they imposed terms on the solicitors
concerned and decided to take no further action.
In twelve cases they directed institution of pro
ceedings before the Disciplinary Committee.
In
two cases notices were issued vesting a discretion
in the Society over the issue of practising certi
ficates, in the absence of any or a satisfactory
explanation from the solicitors concerned, under
Section 49 (i)
(g)
of the Solicitors' Act 1954.
In one case the Committee considered an applica
tion by a former solicitor to the Disciplinary Com
mittee for re-admission and directed the Registrar
to oppose the application.
5. In three cases the Committee considered allega
tions that solicitors had practised without certi-
9°