The Gazette 1949-1952

Twenty-five candidates entered : nineteen passed ; five failed; one did not attend. Second Examination in Irish Stanley A. E. Belford, Denis J. Bergin, William E . T. Bradshaw, Mary P. Gallagher, Joseph J. Grace, Mary B. P. Hickey, James McE. Kerr, Thelma King, Michael D. Lambe, William S. O’Brien, Edward O’Carroll, Ronald H. C. O’Doherty, Michael K . O’Driscoll, John C. Reedy, John N. Ross, Richard Ryan, John Patrick Sheehy, Philip Sheil, Daniel G. Shields, Brendan J. Wallace, James P. Woods. Twenty-eight candidates entered: Twenty-one passed ; six failed ; one did not attend. . The remaining candidates are postponed. CALENDAR I t is hoped that the Calendar will be received from the printers by the end of March. Members who have already ordered and paid for the Calendar for delivery by post will receive it as soon as possible. A limited number of copies will be available after satisfying orders already received, and solicitors wishing to obtain copies should order same without delay. OBITUARY M r . C harles B. W. B oyle , Solicitor, died at a private nursing home on the 16th February, 1950. Mr. Boyle served his apprenticeship with Mr. John Blood-Smith, 29 Lower Gardiner Street, Dublin, was admitted in Hilary Sittings, 19 11, and practised at 68 Middle Abbey Street. i M r . S ydney M atthews , Solicitor, died at a private nursing home on the 2nd March, 1930. Mr. Matthews served his apprenticeship with Mr. James C. Taylor, 44 Royal Avenue, Belfast, was admitted in Hilary Sittings, 19 15, and practised at 1 and 2 College Street under the style of Messrs. Hoey & Denning up to his retirement in December last. M r . J ames K earns , Solicitor, died at his residence, Portumna, Co. Galway, on the 2nd March, 1950. Mr. Kearns served his apprenticeship with the 58

work themselves or employ solicitors, with the result that costs in many cases would be incurred, which the debtors would have to pay. The Court were not concerned either with the policy or the result o f the Act, but only with whether the section prohibited what the respondent did. The only change which was effected in the material section by the Act o f 1941 was to cast the onus of proving that he did not act for or in expectation o f any fee, gain, or reward on the respondent. No point as to onus arose in the present case. In the opinion of the Court it was clear that the respondent must be held to have prepared the county court documents in expectation of reward because if judgment was recovered and money paid there­ under, he would receive remuneration in the shape o f commission on the sum recovered. True, he received no fee, nor did he expect to receive one, but that he expected to gain thereby and obtain a reward seemed to be beyond question. Mr. Hogg argued that there must be some contractual right to receive a fee or other remunera­ tion and that unless there was some such contractual right no offence was committed. The short answer was that the section provided that the act must not be done for in expectation of any fee, gain, or reward, and the word “ expectation ” clearly indicated that there need be no legal right to recover but a mere expectation or hope that some reward would be forthcoming as a result of the action taken. The Court were o f opinion that the offences were proved and the case must go back to the justices with an intimation that convictions must be recorded in all the cases. (66 T .L.R . 276) EXAMINATION RESULTS A t examinations held on the 3rd and 4th days of February under the Legal Practitioners’ (Qualification) Act, 1929, the following passed the examinations :— First Examination in Irish Ignatius F. Branigan, Mary Catherine Brennan, Ann M. A. Burke, Gerald Bernard Coulter, Esmond Davies, Edward Joseph Dillon, Charles W. R. Fay, Patrick C. Kelly, Sean Kelly, Daniel Joseph MacMahon, John Laurence Moore, Gerard Hugh Murphy, Mary Margaret Murray, Donal Brendan O’Connell, John Michael O’Connor, Patrick Joseph O’Connor, Aidan O’Donnell, John A. O’Gorman, Elizabeth Wright.