277 / 364
The Judicial Commissioner gave a like dir
ection on 25th February 1966 in respect of the
Ministerial
authorisation dated 8th February,
1966 referred to above.
COMMISSIONERS FOR OATHS
PROHIBITED FROM ACTING WHERE
INTERESTED
Section
1
(3) of the Commissioners for Oaths
Act (52 Vie. 10) provided that a Commissioner
for Oaths shall not exercise any of the powers of a
Commissioner in any proceeding in which he is
solicitor to any of the parties to the proceeding,
or clerk to such solicitor, or in which he is inter
ested.
A Commission
to
administer oaths
remain
in force only while the solicitor holds a practising
certificate, see 102.L.T. (1896), pp. 65, 188.
A Commissioner for Oaths is forbidden to take
affidavits by his client in any proceedings
in
which he or his firm are acting, and this pro
hibition extends to the client's local solicitor al
though such local solicitor is not the solicitor on
record in the proceedings, Duke of Northumber
land v Todd 7 Ch. D.777; Parkinson v Crawshay,
W.N. (1894) 85. It is not considered proper for
a Commissioner for Oaths to take any affidavit
or declaration in connection with any matter in
which the solicitor or his firm is or are acting
for the person making the Affidavit of declaration.
A Bill of Sale under the Bills of Sale Act sworn
before
a
solicitor
acting
for
the
grantor
grantee has been held to be void, Baker v Am
brose (1896), 2 B 372; 65 M. J. 2 V 589. This
matter has been brought
to
the attention of
members of the Society as apparently some soli
citors or firms of solicitors consider that it
is
quite in order to complete memorials for registr
ation
in
the Registry of Deeds on behalf of
their clients or the clients of their firm. The
matter has come to the attention of the Registrar
of Titles.
REGISTRY OF DEEDS MEMORIALS
The Dublin Solicitors' Bar Association wrote
to the Society drawing attention to the difficulty
in obtaining memorials for the registration of
deeds.
It was pointed out that memorial parchment
is becoming unobtainable and is expensive. The
Society wrote to the Department of Justice draw
ing attention to the position.
On August 16th the Department replied stating
that enquiries made from the trade have elicated
that while there is some delay in the importation
of parchment there does not appear to be any
danger of supplies drying up, as envisaged by the
Dublin Solicitors' Bar Association. The Depart
ment mentioned that under Section 6 of Anne
Ch. 11 a memorial is required to be put in writing
in vellum or parchment and, from enquiries men
tioned, there would appear to be no shortage of
vellum which, incidentally, is cheaper than parch
ment.
The Department is at present working on the
preparation of a .comprehensive Registry of Deeds
Bill to consolidate and reform the existing law in
which it is proposed,
inter alia,
to provide for the
presentation of memorials on paper.
COMMISSIONERS OF CHARITABLE
DONATIONS AND BEQUESTS
BOARD MEETINGS
Michaelmas Term — 1966
Tuesday —
4th October, 1966
—
18th October, 1966
„
—
1st November, 1966
„
—
15th November, 1966
—
29th November, 1966.
—
13th December, 1966
LORD GARDINER DEFENDS LEGAL
FEES
The professions, and lawyers in particular, were
stoutly defended yesterday by the Lord Chancellor,
Lord Gardiner, against "brash and ill-informed
criticisms" that they are addicted to restrictive
practices.
Addressing Cambridge University Labour Club,
he pointed out that the Bar had recently chosen
to abolish their circuit special fees and the "two-
thirds rule" by which junior counsel could charge
two-thirds as much as the fee marked on their
leader's brief.
The abolition of these practices, Lord Gardiner
said, would substantially reduce the fees earned by
barristers. "Show me any other example in modern
times of a body of men voluntarily reducing their
earnings for the same amount of work in what they
believe to be the interests of the public."
As for solicitors, the fees they could charge for
actions
; in
the county court were restricted
to
those in force 11 years ago.