The Gazette 1949-1952

APPLICATION FOR AN OLD AGE PENSION. DELAY IN THE STAMP OFFICE, ADJUDICATION BRANCH AND LAND REGISTRY T he following facts, which, members w ill agree, disclose considerable hardship, were recently sub­ mitted to the Council. Solicitors were consulted by an old lady on the subject of an old age pension at the rate o f 17s. 6d. per week to which' she became entitled by virtue o f a marriage settlement dated 23rd November, 1948, made in view o f the intended marriage o f her son which was solemnised on the following day. The settlement was lodged for stamping on 26th November, 1948, and after repeated reminders the stamp duty was assessed, the deed being stamped on 19th April, 1949. It was lodged in the Land Registry on 22nd April, 1949, and registration was effected on 31st August o f the same year. The interval between the execution o f the settlement and the registration o f the dealing during which the deed was in the custody o f the two Government departments was approximately ten months. Shortly after 24th November, 1948, an application was made to the Local Pensions Committee claiming the old age-pension with effect from the date o f the settlement, but the claim was rejected on the ground that no evidence o f the settlement could be produced. No appeal was taken against this decision. As soon as registration had been completed a certified copy o f the folio was lodged with the Pensions Officer with a claim for arrears o f old age pension back to 26th November, 1948, to which the registration was referable. The Local Pensions Committee on 31st December, 1949, awarded the applicant a pension from 23 rd September, 1949, and refused the claim for arrears. The applicant did not appeal against this decision within the prescribed time o f seven days. The papers were referred to the Council with the request that they should approach the Minister to have the decision o f the Pensions Committee re-opened having regard to the extreme hardship o f the case and the lengthy delay which had occurred in the two Government departments concerned. The Minister stated that he had no power to re-open the matter, and that the decision o f the Pensions Committee became final in the absence o f an appeal. He also said that it could not be assumed that the Central Pensions authority would have disallowed the original claim if an appeal had been lodged within the prescribed time although evidence of the settlement could not then be produced. The applicant in this case was the unfortunate victim of

financial position. S. wishes to know whether he may act for AB and his son in proving their claims against the estate o f CD in the bankruptcy. The Council were o f the opinion that as CD has no privilege against complete disclosure of his alfairs in the Bankruptcy Court S. may act for AB and his son in proving their claims. Appeal from the District Court. Issue o f execution order M embers o f the Society acted for the plaintiff in civil proceedings for damages for assault and battery in the District Court and obtained a decree for £10 damages with £3 u s . 6d. costs and expenses. On appeal by the defendant the decree o f the District Court was affirmed with £16 16s. yd. costs and witnesses’ expenses. The County Registrar refused to issue a warrant for the total amount of the decree as affirmed, amounting to £30 8s. id., on the ground that this is the duty o f the District Justice and referred to the Circuit Court Rules 1950, Order 43, Rule 7, and the District Court Rules, 1948, Rules 197 and 198. The decree was sent to the District Court clerk who issued a warrant for the amount with District Court costs and expenses only totalling £ 13 n s . 6d. This amount had been collected from the defendant and the costs o f the affirmation of the decree are still outstanding They asked for the opinion o f the Council as to the legal position. The Council expressed the opinion that having regard to Section 23 o f the Courts o f Justice (District Court) Act, 1946, it was the duty o f the District Justice to issue an execution order for the whole amount o f the decree with costs and expenses as allowed by the Circuit Court. T he Attorney General has set up the following Committee to consider and make recommendations on the subject o f company law reform :—Chairman, Mr. H. Vaughan Wilson, S.C. Members : Messrs. Robert Leonard, K .C .; Henry J. Moloney, S.C., representing the General Council of the Bar of Ireland; Messrs. Arthur Cox and George A. Overend, representing the Incorporated Law Society of Ireland; Messrs. Herbert E . A . Addy and Gabriel Brock, representing the Institute o f Char­ tered Accountants in Ireland; Messrs. Mervyn Bell and W. L. White, representing the Society o f Incorporated Accountants in Ireland. Secretary, Mr. John Kenny, B.L. 64 COMPANY LAW REFORM COMMITTEE