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Formation of limited companies by Chartered
Accountants
THE Committee of the Council reported that a case
has been sent to Senior Council for advice on the
question whether the preparation of the memoran
dum and articles of an association is contrary to
the provisions of the Solicitors Act 1954.
Enforcement of Court Orders
THE Council considered and approved a report
from a Committee dealing with
the effect of
the Sheriff's Fees Order 1958. The effect of the
order as stated in the explanatory note, printed at
the foot thereof, is to provide for firstly, an increase
in the mileage fee chargeable by Sheriffs and County
Registrars in the execution of court orders. The
increase is from 6d. to is. 6d. per mile one way and
the application of this fee
is being extended to
cover ejectment and recovery of specific property
in cases where no mileage has hitherto been charged.
Secondly the fee for a letter or notice required by
law to be issued by a Sheriff or County Registrar
before executing an execution order is being in
creased from is. to 43. Finally, the law in relation
to a Sheriff's or County Registrar's right to poundage
is, for the purpose of clarification, set out in pro
visions which are merely declaratory of the existing
law. Members of the Committee stated that the
mileage fee is now apparently payable in advance
by the solicitor for the plaintiff.
In some districts
in the past the fee has not been payable in advance
and apparently was not charged if a return of nulla
bona was made.
The Committee recommended
that the Society should take advantage of the
occasion of the making of this order to raise the
following points with the Department of Justice :—
(i) A large number of executions levied through
out the country result in a return of nulla
bona. In the majority of cases execution is
levied only for the purpose of proceedings
under the Enforcement of Court Orders
Acts. The law should be amended to provide
that an application for an examination order
may be made, and the order obtained, without
the prior execution of the decree on an
affidavit by the execution creditor or his
solicitor or other satisfactory evidence thaf
execution is likely to result in a return ot
nulla bona.
Having regard to the heavy
expenses now attendant on levying execution
the present procedure is wasteful.
(ii) In a number of counties the local authorities
have not provided pounds and the execution
of decrees have become impossible for this
reason.
(iii) The practice of centralising court messengers
who usually reside near the County Registrar
has made the collection of small debts almost
impossible in some cases owing
to
the
distance to be travelled for the purpose of
executing decrees. The former practice of
having a number of court messengers at
different points in the county should be
restored.
(iv) There should be a strict observance of the
requirement thit the Under-Sheriff or County
Registrar should make a return within a
reasonable time.
(v) The position with regard to mileage when
the court messenger mikes one journey for
the purpose of executing a number of
decrees should be clarified.
(vi) In some cases the new Sheriff's Fees Order
has not yet been printed on the bicks of the
decree forms and it was stated thit for this
reason decrees have not been executed.
DISCIPLINARY JURISDICTION
Decision of the Supreme Court
THE decision of the Supreme Court i.i the appeal
taken by two solicitors against the orders of the
Disciplinary Committee is probably the most far-
reaching decision on the interpretation of the Con
stitution since the foundation of Saorstat Eireann
in 1922. It appears to affect not only the jurisdiction
of the Disciplinary Committee but by necessary
implication a number of professional bodies and
government
institutions exercising quasi-judicial
powers. Applications under the Solicitors Act 1954
had been made to
the Disciplinary Committee
against both appellants and after an inquiry under
section 16 of the Act the Committee made orders
directing that their names should be struck off the
roll of solicitors. The solicitors appealed against
these orders on the ground amongst others that the
sections of the Statute under which the Committee
purported to Act are repugnant to the Constitution
in so far as they purport to authorise the Disciplinary
Committee, which consists of persons who are not
judges under the Constitution, to exercise judicial
power.
Article 34. i. of the Constitution is as follows :
" Justice shall be administered in Courts established
by law by judges appointed in the manner provided
by this Constitution, and, save in such special and
limited cases as may be prescribed by law, shall be
administered in public."
Article 37
is as follows:
" Nothing in this
Constitution shall operate to invalidate trie exercise
of limited functions and powers of a judicial nature,
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