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The Gazette of the Incorporated Law Society of Ireland.
[DECEMBER, 1918
McCardie, J., in giving judgment for the
defendant, in the course of his judgment,
said :—This action raises points of general
interest under the Money-lenders Act, 1900.
The question at issue is important.
The
defendant contends that the plaintiff com
bined the business of an unregistered money
lender with the practice of his profession as
a Solicitor, and that the latter vocation has
cloaked an illegal trade. ....
The Act of 1900 was a severe but beneficial
measure.
Its object must always be remem
bered.
On
the one hand, a
legitimate
business must not be checked if the lending
of money
is
reasonably and
bona
fide
incidental to its successful prosecution. On
the other hand, the law must not permit an
apparently legitimate business to be made
the mere cloak and pretext for the unlawful
trade of an unregistered money-lender.
.
.
.
It is well recognised that a solicitor may
properly
and
frequently
does
advance
money to third persons. But such advances
should be
so made
as
to
satisfy the
Court
(a)
that the moneys are lent for
the primary purpose of maintaining or
increasing his professional business and
the resultant professional fees, and
(b)
that
the circumstances preclude the inference that
his function is that of a money-lender who
conceals his trade under the guise of pro
fessional legal activity.
If the Court comes
to the conclusion that the solicitor carries on
the actual business of a money-lender as well
as the vocation of a solicitor, then his pro
fessional calling will not free him from the
requirement of registration under the Act of
1900. A man may follow concurrent callings.
If- one of such callings be the trade of a
money-lender, then the Act must be complied
with. .
.
. After a careful consideration of the
whole evidence I am satisfied that at all
material times the plaintiff was a money
lender, that his business as a money-lender
was carried on apart from any
bona fide
motive or object of professional fees or legal
practice, and that his vocation as a solicitor,
so far as he carried it on, was used as a mere
disguise in order to give a colourable pro
fessional appearance to the course of ordinary
money-lending transactions which he com
bined with his practice.
(Reported (1918) 1 K.B. 205 ;
118 L.T.R.,
177.)
High Court Sittings, 1919.
THE following are the dates of the High Court
Sittings during 1919 :—
Hilary—commence
llth January,
ter
minate 10th April.
Easter—commence 24th April, terminate
28th May.
Trinity—commence llth June, terminate
31st July.
Michaelmas—commence
25th October,
terminate 21st December.
Hilary Sittings Lectures, 1919.
THE
following are the dates upon which
lectures will be delivered to the Junior Class
during Hilary Sittings, from 2 to 3 o'clock,
p.m. :— January 13, 16, 20, 23, 27, 30.
February 3, 6, 10, 13, 17, 20.
The following are the dates upon which
lectures will be delivered to the Senior Class
during Hilary Sittings, from 2 to 3 o'clock,
p.m. :— January 14, 17, 21, 24, 28, 31.
February 4, 7, 11, 14, 18, 21.
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society,
Solicitors' Buildings, Four Courts, Dublin.
Advertisements should be sent to Hely's
Ltd., 28 Dame Street, Dublin.