The Gazette 1946-49

40

May 1946

No. 1

THE GAZETTE 0 r)f the INCORPORATED LAW SOCIETY OF IRELAND

President : 'ANIHL O'CONNELL.

Vice-Presidents : MATTHEW G. R. LARDNEK. ROGER GREENE.

Secretary: ERIC A. PLUNKETT

FOR CIRCULATION AMONG MEMBERS

[EETING OF THE COUNCIL. . 2)th. The President in the chair: Present: s. A. Cox, J. P. Tyrrell, W. J. Norman, Quirke, C. G. Stapleton, W. S. Hayes, P. R. 1: i II. P. Mayne, G. A. Overend, J. B. Hamill, Bolger, L. E. O'Dea, S. 0 hUadhaigh, J. P. ;an, H. St. J. Blake, P. F. O'Reilly. ement of Chief Justice Sullivan : Council passed the following resolution : " That on the occasion of your Lordship's etirement as Chief Justice, the President and Council of the Incorporated Law Society of celand, on their own behalf and on that of ae entire solicitors' profession, venture with ;spect to convey to your Lordship their deep :gret at your retirement, and at the same time > express their profound appreciation of the )fty qualities which to the satisfaction of all aised you to that dignity and at all times raced your occupancy of your high office

and also to record their deep sense of the courtesy and consideration always extended by you to counsel, solicitor and litigant alike. It is their sincere wish that your Lordship may long be spared to enjoy the leisure so well merited by your great services." The following was among the business trans– acted : Examinations, April, 1946 THE report of the Court of Examiners, was con– sidered and adopted. Solicitors' (Ireland) Act, 1898 THE report of the Court of Examiners on an application from a solicitor's clerk for leave to be bound under indentures of apprenticeship for a period of three years only was considered and the application was granted. Application under Section 16 of the

(c) Full particulars of each holding and parcel should be given in all letters, viz. : Receivable Order Number or Serial Number, Tenant's name, Name of Estate, Record No. (if known), Townland, Area. (d} A Solicitor should always state for whom he acts. 2. Interviews A SOLICITOR or his representative proposing to call to the Land Commission Offices should when– ever possible write or telephone in advance stating the purpose of his call and making an appointment so that the official who interviews him may have had an opportunity of seeing the relevant papers. This does not apply to calls to the Records Branch for inspection of documents, or other such routine calls. 3. Proceedings before Examiners of Title A SOLICITOR who is, through his town agent, con– ducting proceedings before the Examiners of Title should not address inquiries in the matter directly to the Land Commission. The town agent usually has up-to-date information, and even if a reference to the Land Commission is found to be necessary an inquiry from him can more readily be associated with the file and answered. (See Order 46, Rule i of the Land Commission Rules of jth February, 1924.) (a) Applications for (i) Certificates of Redemption Value of Annuities, (2) Receivable Orders for the lodgment of Redemption Moneys, (3) Certificates that the conditions attached to Land Commission consent to subdivision have been complied with, should be addressed to the Secretary, Irish Land Commission, Collection Branch, 24 Upper Merrion Street, Dublin. (See also i (

the

of

18

Section

under

Application

Solicitors' (Ireland) Act, 1898. A MEMORIAL to the Chief Justice

an

from

intending the Society's Preliminary Examination was considered together with a report from the Court of Examiners thereon. It was ordered that his Lordship should be informed that the Council would offer no opposition to the granting of the application. Prizes for term examinations ON a report from the Court of Examiners it was ordered that prizes of £3 3 o, £z 2. o and -£i i o shall be offered for competition among the candi– dates at the term examinations held by the Society's Professor of Real Property and Equity and the Professor of Common Law, to be awarded on the aggregate marks obtained by candidates at the three examinations held by each Professor during each year. LAND COMMISSION PRACTICE. THE following memorandum has been received from the Secretary of the Irish Land Commission and is printed for the convenience of members. The memorandum was drawn up by the Land Commission following representations made by the Council last year on the subject of delays in transacting business in the Land Commission. It is hoped that members by attending to the matters mentioned in the following memorandum will assist the Secretary of the Land Commission in endeavouring to eliminate some of the causes of delay. The Council will take up with the Land Commission any complaints received from members of unreasonable delay in the transaction of business. Solicitors who consider that they have ground for complaint and who wish the Council to make representations to the Land Commission would be advised to see that, for their part, they have followed the suggestions made in the following memorandum, as otherwise the Council may be at a disadvantage in discussing the matter with the Land Commission. 1. Correspondence Generally (.7) Generally, correspondence should be addressed to the Secretary, Irish Land Commission, 24 Upper Merrion Street, Dublin ; but see (4) (a) and 6 (a) below. (&) The Land Commission reference number oc previous correspondence on a subject should be quoted in all letters on that subject. apprentice for exemption from

on Title the

were included in the requisitions

direct to Land Commission or otherwise) of pay- mcnt of instalments, redemption moneys, etc.

position would be clear before completion of the sale.

5. Lodgment of Legal Documents (a) In the case of Deeds sent for noting clear identification of holdings by reference to Receiv– able Order Number, tenant and townland is very helpful to the Land Commission who also require to be informed as to the devolution of title from the person noted in their records as entitled. The name on the Receivable Order is often merely that of the payer or occupier. (b) In the case of marriage settlements where joint tenancies are set up, the date on which the marriage took place should be stated. (f) Change of ownership in the case of vested holdings or parcels is a matter to be notified to the Land Registry, Chancery St., Dublin. Docu– ments in such cases should not be referred to the Land Commission see also 9. 6. Quit Rents and Church Temporalities (tf) Correspondence relating to Quit Rents and to the Church Temporalities Accounts should be addressed to the Secretary, Irish Land Com– mission, Church Temporalities Branch, 24 Upper Merrion St., Dublin. (b) Every application for a Certificate of the Redemption Value of a perpetuity rent or tithe rent charge should indicate the purpose for which the Certificate is required. (

7. Sales of Holdings and Parcels (tf) In the Purchase Agreement for a parcel of land the purchaser agrees not to " sell, alienate, sub-let, subdivide or part with possession " of the parcel before it has been vested in him. Breach of this condition may result in the purchaser being deprived of the parcel. There is no mention of sale " with the consent of the Land Commission " ; yet in a number of cases parcels have been offered for sale " subject to the consent of the Land Com– mission " though such consent has neither been applied for nor obtained and in many cases the sale is completed before the Land Commission become aware of it. When a Solicitor is instructed to apply for consent to sale he should whenever possible state the name of the proposed purchaser and give the Receivable Order No. and other particulars of any lands held by him. (b) Before completing the sale of a holding the Solicitor should ascertain whether the vendor has ever been allotted a parcel (or has another holding) for consolidation with it and, if he has, should consult the Land Commission. (It is not always realised that when a holding with which a parcel is to be consolidated is sold, even if the parcel is not sold, the allottee is liable to have the parcel taken up from him owing to the breach of the terms of the Agreement which provides for consolidation, or that in such cases the sale may be null and void see Section 23 of the Land Act, 1939, and Section 6 of the Land Bill, 1945.) of Originals (a) The Receivable Order No. should be quoted in all applications and requisitions for copies of purchase agreements, maps and other documents. (b) The purpose for which the copies are required should be fully stated. (

(?) Subpccnas the production of original documents in Court should also be lodged in good time. (/) Applications for copies of maps of Registered Holdings should be made, not to the Land Com– mission, but to the Land Registry, Chancery St., Dublin. C§) Applications should not be made for copies of documents where the documents are non-existent. For instance a considerable amount of time is wasted arranging refunds in respect of stamps sent in with requisitions for copies of Purchase Agree– ments for holdings listed under Section 9 of the Land Act, 1931. 9. Revested Holdings and Parcels Much official time is spent in answering letters requesting information about holdings and parcels which have been revested. The information is in most cases readily available from the Land Registry, Chancery St., Dublin, and should be obtained at that office by the Solicitor or his town agent. Recourse should be had to the Land Com-; mission only for information that cannot be obtained at the Land Registry. See also 5 (i). 10. Officials Required to give Evidence Reasonable notice of, say, a week or ten days should be given to the Land Commission of the hearing of Court cases in which an official is required to give evidence. 11. Accuracy of References. Great care should be taken to ensure that the particulars, especially Receivable Order Nos. and Serial Nos. furnished to the Land Commission, are accurately quoted. EXAMINATIONS RESULTS intending apprentices to solicitors held on the loth and nth days of April, the following passed the examination and their names are arranged in order of merit : i. 'William L. Carroll. 2. Patrick U. Murphy. 3. George W. Strong. 4. Daniel M. F. Molloy. 5. Enda Maher. 6. Michael J. Leech. 7. William K. T. Bradshaw. Eight candidates attended: seven passed, one was postponed; one did not attend. The Council has awarded a silver medal to William L. Carroll, and a special certificate to Patrick U. Murphy. for Preliminary Examination AT the Preliminary Examination for

Final Examination AT

the Final Examination to solicitors held on 8th and 9th April, the following passed the examination and their names are arranged in .order of merit : i. John D. Stokes, B.A., T.C.D. 2. Matthew A. Farrell. 3. Patrick J. Bergin, B.A., N.U.I. 4. Seosamh 0 Cuinneagain, B.A., Q.U.B. 5. Bernard J. Carroll. 6. Eoin C. Daly, B.A., N.U.I. 7. James M. Farrelly, B.A., N.U.I. 8. Daniel O. Healy, B.A., N.U.I., and Bernard J. McDermott, equal. 10. John M. Flanagan, B.A., N.U.I. 11. Walter Rhatigan. 12. Henry B. Sexton, B.A., N.U.I. 13. Cormac B. J. O'Hare. 14. William F. M. J. Semple. 15. Leslie Mellon. 16. Moya Dixon. 17. Mary Barry. 18. Benedict J. Daly, B.A., N.U.I. 19. John Butler, Arthur R. J. McDonald, Josephine M. E. O'Keeffe, and Bernard P. D. O'Kelly, B.A., N.U.I., equal. 23. William M. Noyk, B.A., T.C.D. 24. Louis Goldberg, B.A., T.C.D. 25 Fergus B. O'Meara. 26. Harold J. Murphy. Thirty-six candidates attended : twenty-six passed, ten were postponed. The Council has awarded a special certificate to John D. Stokes, B.A., T.C.D. GOLFING SOCIETY. THE Summer Meeting will be held at Portmarnock on 3Oth May and not at the Grange as announced in the April number. The Captain's dinner will be held in the Clubhouse at 7 p.m. The cost will be 6/- per head. Those intending to compete or to be present at the Dinner will please notify the Secretary not later than 27th May. Will those members who intend going down by car and are prepared to give seats to members who will not have cars, please let the Hon. Secretary know in good time, so that he may make the necessary arrangements. All entries, etc., to A. Marshall, 119 Stephen's Green, Dublin. OBITUARY. MR. ALBANY FETHERSTONHAUGH, Solicitor, died at his residence, 57 Pembroke Road, Dublin, on rst March, 1946. Mr. Fetherstonhaugh was admitted in Hilary- Sittings, 1891, and practised as a partner in the firm of Lett & Fetherstonhaugh at 23 Ely Place, Dublin, up to the year 1930. He then practised in his own name at 22 KJIdare Street, Dublin, up to the year 1932 when he retired. for apprentices

MR. MICHAEL

|. BOWERS, Solicitor, , died at the

in. Dublin up to the year 1916. From the year 1916 to 1921 he practised at Enniscorthy and from 1921 to 1923 he practised at Drogheda.

Mater Hospital, Dublin, on loth April, 1946. Mr. Bowers served his apprenticeship with the late Mr. Michael L. Hearn, Dublin, was admitted in Easter Sittings, 1903, and practised at 24 Dame Street, Dublin. ______ MR. HERBERT W. FRANCK, Solicitor, died in Dublin on 2ist April, 1946. Mr. Franck served his apprenticeship with the late Mr. William B. Hardman of Dublin, was admitted in Hilary Sittings, 1908, and practised (i) Entries will be accepted from solicitors for the Registry under the following headings : Sec– tion A. Practices for sale, partnerships and assistantships vacant; Section B. Practices, partnerships and assistantships sought ; Section C. Miscellaneous information required, books, office equipment, etc., wanted or for sale. (2) Each entry accepted will be made in the appropriate section of the register which is open for inspection at the Society's offices during business hours. Each entry accepted will also be published once in the Society's Gazette. If the advertiser wishes the entry and advertisement in the Gazette may be Section A WANTED to take charge of a Branch Office in Provincial Town, industrious qualified Assistant. Only persons who are thoroughly competent and interested in their work need apply. Salary £400 per annum. Box No. A. 105. - Section B SOLICITOR with two and a half years' experience District and Circuit Courts, Probate, Land Registry, etc., desires

MR. ERNEST W. HARRIS, Solicitor, died at his residence, 46 Morehampton Road, Dublin, on 26th April, 1946. Mr. Harris was admitted in Hilary Sittings, 1886, and practised at 2 St. Andrew Street, Dublin, up to the year 1938 when he retired.

THE REGISTRY.

over a box number.

(3) Charges for each entry in

the Register

(including one publication

in

the

Society's Gazette] : members of the Society 3;'- for 30 words or less and id. for each additional word over 30. Other solicitors double the rate for members of the Society. (4) Replies to entries in the Register and advertisements will not be forwarded by the Society unless postage is pre– paid. (5) Replies to advertisements should be marked with the appropriate Box No. and ad- 'dressed to the Society. (6) The use of the Registry by solicitors is subject to general conditions, copies of which may be obtained from the Secretary.

City appointment. Medallist for Irish Debate.

Hxccllcnt

References. Box No. B. 118. Section C

PATRICK O'LEARY, deed. THE practice of the above deceased has been taken over by Mr. Stephen Dcmpsey, Solicitor, and will be continued under the name of Patrick O'Leary & Co., Shamrock Chambers, 59/61 Dame Street, Dublin.

The Solicitors' Benevolent Association

The Association which operates throughout the whole of Ireland, cares for Solicitors, their wives, widows and families who have fallen on hard times. Last year over £1,300 was distributed in relief. Additional subscriptions, donations and bequests are urgently needed to continue.and extend the Association's work. The active co-operation of the Profession in the,Association's good work is asked for and all who are not members are urged to join without delay. Membership Si/bscriptii/n : £\ is. od. (or 10/6 if admitted less than $ years) ayear. [\o IDS. od. life me-''s/ier.rl>'/>.

SECRETARY,

SOLICITORS' BENEVOLENT ASSOCIATION,

12 NASSAU STREET, DUBLIN. ALL Communications connected , with THE GAZETTE should be addressed to the Secretary of the Society; Solicitors' Buildings, Four Courts. Dublin. Telephone: 73092.

5

HOUSE PURCHASE

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ANNUITIES

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ENDOWMENT

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LIFE

LEGAL ADVICE IN LEGAL MATTERS It is a sound axiom that only legal experts are competent to give legal advice and the wise layman always acts on it, and so avoids the pitfalls of the less wise and the less wary. It applies with equal soundness and equal truth in the matter of Life Assurance, and here " New Ireland's" advice is a vital need. Years of experience and first-class knowledge of the subject enable its experts to advise you as to most suitable tables to select and the most advantageous. We will be glad to send you fuller information. TOTAL FUNDS EXCEED £2,000,000 NEW IRELAND ASSURANCE COMPANY LIMITED M. W. O'REILLY. P.C.. F.C.U., Managing Director Head Office: 12 DAWSON STREET, DUBLIN

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DUBLIN 21601/2

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Printed ly CabiU & Co., Ltd., ParJkga/c Printing Worhf.,- Dublin

Vol. 40 No. 2

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

President : DANIEL O'CONNELL.

Vice-Prcsidents : MATTHEW G. R. LARDNER. ROGER GREENE.

Secrei.iry: ERIC A. PLUNKETT

FOR CIRCULATION AMONG MEMBERS

MEETING OF THE COUNCIL.

stated that the Minister for Local Government would be asked to sanction the appointment of a solicitor to the Offaly County Council and Tulla- more Urban District Council at a salary of £675 per annum, of which £75 should be paid by the Urban District Council the salary to cover all travelling expenses within the County of Offaly but excluding other expenses and disbursements to be approved by the Local Authority. A deputa– tion was appointed to seek an interview with the Minister and to express the view that the appoint– ment should be made on the basis of taxed costs. Deed of Appointment of New Trustees THE Council considered the report of the Com– mittee on the following query the facts being as follows : The beneficiaries under a trust brought an action against the trustees on the ground inter alia that one of the defendants was negligent in his administration of the trust. The action was settled on certain terms, including a term that the trustees should retire from the trust and appoint five of the plaintiffs as the new trustees. The settle– ment provided that the terms of the consent and

MAY

i6TH. The President in

the chair. Also

present: Mr. Roger Greene, Vice-President; Messrs. W. S. Hayes, G. A. Overend, C. G. Staple- ton, P. R. Boyd, W. J. Norman, P. F. O'Reilly, J. P. Tyrrell, Peter O'Connor, Sean O hUadhaigh, J. Travers Wolfe, J. P. Carrigan, J. J. Smyth. The following was among the business transacted : Certificate under Section 6 of the Finance Act, 1928 THE Council considered a report from a Com– mittee dealing with cases in which Inspectors of Taxes, in connection with applications for certificates of discharge of income tax, require information which does not appear to come within the scope of the section, and it was ordered that the Secretary should write to the Revenue Commissioners on the subject. Appointment of Solicitor to Offaly County Council THE Council considered a report from a Committee on the subject of a Press report in which it was

I have to record their passing and wish to express to their relatives our feelings of sympathy in- their bereavement. The following solicitors have died James McAuliffe, James J. O'Shee, Ambrose Steen, John Minton, John J. Kennedy, David E. Ferguson, G. Douglas Scott, A. M. Healy, George H. Parkes, Christopher O'Connell Fitzsimon, John M. Maxwell, Dermot J. O'Rourke, James C. Parke, Henry Lemass, Patrick M. O'Leary, Harry Bruce Bell, Michael J. Bowers, Albany Fetherstonhaugh, Her– bert W. Franck, Ernest W. Harris, Michael A. Humphries, Robert C. Bannister, Aidan E. R. MacCabe, and Austin Crean. Our relations with the various Government - Departments with whom we have to deal have been very satisfactory. In the interviews and discussions which have taken place between our appointed members and Ministers of State and the Secretaries of public departments it is but proper to record that they have in all cases shown a desire to be help– ful and have met our wishes in most of our submissions. They have always been ready to consider carefully any suggestions or criticisms which we thought it necessary to make. In par– ticular I would like to pay tribute to the manner in which the Registrar of Titles has met us on the various points of difficulty in practice under dis– cussion. Not all our proposals have been accepted, but agreement was reached on many major issues involved. Steps have been taken at the suggestion of the Council to improve the facilities for the sale of Land Registry stamps at the Ormond Quay Post Office during Vacation periods when the Stamp Office in the Four Courts is closed. We have also urged, arising out of the decision in Sheridan's Case, which you will recollect resulted in the discontinuance of charging Land Registry fees in the case of transmissions on death, that any fees paid subsequent to the ist June, 1945, should be refunded to the parties concerned in cash. It was understood that the Department proposed to refund such fees paid after September not in cash but by way of allowing credit to the solicitor concerned against fees payable on future dealings either in respect of the same lands or on different property. It was felt that this method would give rise to very serious inconvenience in the matter of book-keeping, and it was proposed to the Registrar of Titles that any refunds made should be given in cash, and, furthermore, that fees so refunded should be made as from the ist June, 1945, being approximately the date of the institution of the proceedings before the Court in Sheridan's Case No Departmental decision has yet been given on during the past six months : Michael Dorgan, William J. Barry,

trie appointment of the new trustees should be embodied in a deed to be executed by all parties. The power of appointment under the original trust deed was vested in the trustees or their survivor. A difference of opinion arose as to whether the solicitor for the plaintiff beneficiaries or the solicitor for the defendant trustees should prepare the deed embodying the consent, the retirement of the existing trustees and the appointment of the new trustees. The Committee reported that on the facts before them they were of opinion that the solicitors for the retiring trustees were entitled to prepare the deed embodying the appointment of the new trustees, the release to the retiring trustees and the other terms of the consent, they being the solicitors having the custody and control of the documents of title, and referred to Opinion No. 88 of the Council, printed at page 439 of the current Calendar. The Council adopted the report. Applications under Section 47 THE Council considered seven applications from solicitors for permission to take out their practising certificates. Six - applications were granted on payment of the current duty and one application was granted subject to payment of two years' arrears in addition to the current duty. Apprentices' Applications A NUMBER of apprentices' applications were con– sidered and dealt with. HALF-YEARLY GENERAL MEETING A HALF-YEARLY General Meeting of the Society was held on Thursday, May i6th, in the Solicitors' Buildings, Four Courts. The President, Mr. Daniel the meeting was, by permission of the meeting, taken as read. The Secretary read the minutes of the Half-yearly General Meeting held on November z6th, 1945, which were signed by the President. The President nominated the following members of the Society as Scrutineers 'of the Ballot for the Council to be held on November 2ist, 1946: Messrs. J. R. McC. Blakeney, Desmond J. Collins, T. Jackson, Brendan P. McCormack, and Roderick J. Tierney. The President, addressing the meeting, said: " Ladies and Gentlemen, Since, we last met in General Meeting in Novem– ber there have gone from amongst us many members well known to most of us, and it is with regret that O'Connell, in the chair. The notice convening

IO

A matter that is closely allied and of scarcely less importance is that of the urgent need of the pro– fession for the publication of legal text books both for students of the law and for practitioners. As everyone is well aware we rely almost exclusively for our standard legal text books on the principal English Law Publishing Firms, and down to the year 1922 and for a few years afterwards the text books published in England were adequate for the needs of Irish lawyers. With the passage of time, however, we arrived at a cross-roads, and English law tended to diverge more and more from, the law of this country. This was to a large extent due to the modernisation of English property, con– veyancing and Company law, while the law of this country has remained unchanged in many aspects for the past twenty-five years. The result has been that the modern English text books which have been published since 1925 deal with statutes which have no application here. So far as common law is concerned there was very little change, but the statute laws in England have been amended and revised to a greater extent. Our students have been compelled to rely upon the pre-i923 editions of standard books such as Williams on Personal Property, Snell on Equity, and Palmer on Company Law. These editions have been very difficult to obtain, and partly, I believe, as a result of the destruction of property in London during the war they have now become almost unprocurable. If our apprentices are to be properly equipped to undertake the practice of the law on being admitted as solicitors they must be provided with the appro– priate legal text books to enable them to acquire the requisite knowledge, and I regret to state the present position is far from satisfactory and is likely to become more so in the future unless some active steps are taken to remedy the position. The Council have not been unmindful of their respon– sibilities in this respect and have pointed out to the Government from time to time the necessity for providing these text books. The war, of course, put a stop to work in this direction, but it is to be hoped that with the return of more normal con– ditions the position will be faced and the necessary funds provided for the publication of up-to-date legal books. Apart from the necessity of our students in their research, practitioners, both solicitors and Counsel, are severely handicapped by having to rely upon old editions of standard text books such as Vanston's Local Government, Wylie's Judicature Acts, O'Connor's Justice of the Peace and the treatises on Company Law. The absence of up-to-date advanced books is bound to retard the administration of justice, and if, as appears likely, the statute law of this country is going to continue on different lines to the laws of II

the subject, but it is hoped that the Council's views will be accepted. We have again had an interview with the Secretary of the Department of Justice in furtherance of our Solicitors Bill. The present position is that the Bill is receiving the attention of the Minister on some points that we were able to express the views of the Council upon. There is reason to hope that the Bill will be considered by the Executive Council in the immediate future. The Secretary to "the Commissioners of Charitable Donations and Bequests was interviewed on the subject of the complaint of members that clients are sometimes written to direct with reference to the publication of the Statutory Notice and without reference to the solicitor on record. It was sug– gested to the Secretary that writing direct to the personal representatives should be discontinued as it causes embarrassment to solicitors, and that in lieu thereof in cases where the notice has not been published a letter should be written' to the solicitor pointing out the statutory obligation to do so. In many cases there is some good reason for the delay, and in such cases we thought the Commis– sioners might reasonably agree to deal with the solicitor direct. As a result of our conversation an agreement was arrived at that provided the solicitor notifies the Commissioners and lodges the Probate or Letters of Administration as soon as possible after it has been extracted the personal representa– tives will not be communicated with unless the solicitor has first been notified of the omission to publish the Notice. A note to that effect and fully explanatory has been published in the GAZETTE. Solicitors are asked to facilitate the Commissioners by publishing the Statutory Notice as soon as possible unless publication has been waived by the Commissioners and in any event to lodge the Probate or Letters of Administration for noting without delay. In any case in which for one reason or another it is not possible to obtain the Grant of Probate or Letters of Administration within the statutory period of four months the solicitor should write to the Commissioners informing them that he is acting and that in due course the Grant will be obtained and lodged for noting, and that in any event the notices will be published or application made for exemption from publication as soon as possible. The subject of Law Reform is of very great importance. It is also a topic on which very much could be said, and I do not propose to dwell on it here as it has been commented on by more than one of my predecessors in office at Half-yearly General Meetings. Pending the setting up of a Law Reform Committee no progress can be made in remedying the existing defects.

petrol. Applications will from individual solicitors. The applications should state the name and address of the applicant, number and horse-power of car and give particulars of the work for which the use of the car is required, such as attending the Circuit and District Courts, and the extent of such travelling. The supplemental allowance will be the equivalent of one basic ration. If a solicitor's application is granted, it will remain permanently in force and there will be no necessity for any further application. It is understood that applications will be dealt with within the course of a few days from receipt thereof. Applications should be addressed to the Secretary, Department of Industry and Commerce (Petrol Section), Ballsbridge, Dublin. POLICE REPORTS THE Society has received a letter from the Chief State Solicitor stating that a modification has been made by the Minister for Justice in the Gardai Regulations governing the furnishing of reports relative to traffic accidents. As members are aware, the existing practice is that only a precis, containing particulars of the date of the accident, the persons and/or vehicles involved and the names and addresses of the witnesses will be furnished. The Minister has now decided that the full statements of witnesses will be made available to solicitors for private litigants for the hearing of cases involving State vehicles where the legal advisers of the Minister for Finance deem it expedient to utilise such statements in the defence of pro– ceedings. Enquiries as to whether the Minister's legal advisers propose to use such statements in any case, should be addressed to the Chief State Solicitor, Dublin Castle. COMMISSIONERS FOR OATHS FOR FOREIGN COUNTRIES ANY solicitor who is entitled to act as a Commis– sioner of Deeds or Commissioner to administer Oaths for any foreign country, British Dominion or Colonie is requested to forward particulars of his commission to the Secretary, and if the com– mission is terminable to state when it will expire. The list formerly published in the Calendar included the names of persons whose commissions had not in fact been renewed, and it is desired to bring the list up to date for the 1947 Calendar. SOLICITORS' GOLFING SOCIETY THE summer meeting of the Society was held at Portmarnock on Thursday, the 3oth May, when there was an entry of 57 members a record, number for any outing since the War. be considered

England it is essential that the work of publishing these text books should be undertaken in Ireland. A subject of this importance is worthy of special attention by the appropriate Government Depart– ments, and I wculd suggest that a special Committee should be set up, composed of representatives of the Departments of Justice and Finance, the Bar Council, this Society and the Attorney General to study the question and make practical recommendations which would serve as a definite basis for action to be taken in the matter. The question of finance would be involved, and a Committee of this kind would be in a position to offer very valuable and practical advice to the Government. New Rules for the High Court have been engaging the attention of the appointed Committee for some time, and the drafting of new Rules for the District Court has, we understand, been put in hands. With the end of the war in Europe it was hoped that some relaxation might be made in the restric– tion of petrol to enable country practitioners, at least, to make the necessary journeys for District Court and other work, but to the present the Council has been unable to secure relief for its members. ' A vote of thanks to the President for his address and for his conduct of the meeting was carried with acclamation on the motion of Mr. Hayes, seconded by Mr. Overend. The President replied and the proceedings terminated." PROCEEDINGS AGAINST SOLICITORS BY order of the Chief Justice, dated 8th March' 1946, made on a report from the Statutory Com– mittee, it was ordered that the name of James D. Doyle, who formerly practised at Monaghan, should be struck off the Roll of Solicitors on the ground of professional misconduct. By order of the Chief Justice, dated 8th March, 1946, made on a report from the Statutory Com– mittee, it was ordered that the name of John B. Lavelle, who formerly practised at Ballaghadereen, should be struck off the Roll of Solicitors on the ground of professional misconduct. of May z8th contained an unofficial announcement that applications for sup– plemental allowances of petrol will be received and considered from persons whose business neces– sitates the use of a car and who are not at present receiving supplementary allowances. The Society has ascertained from the Department of Industry and Commerce that solicitors whose professional business necessitates the use of a car will be con– sidered as entitled to a supplementary allowance of PETROL SUPPLIES THE daily press

There was a tie between T. F. McKeever and J. P. Kennedy (Carrickmacross) for the Society's Cup and the Captain's Prize, each having 72 strokes. The latter won by half a stroke on the second nine, but Frank McKeever, with his score of 72, won the Patrick's Plate and the Prize for the Runner-up. The best gross went to J. McCarroll of. Wicklow with a score of 83. The Veterans' Cup was won by W. J. O'Reilly with a score of 87. In the afternoon a Fourball Competition was played, which was won by P. R. Boyd and J. D. Rooney with one up. The dinner in the Clubhouse was presided over by the Captain, J. J. Hickey, who referred to the large number of country members present, and expressed the hope that country Solicitors would support the Society to the full now that the petrol restrictions were easier. He welcomed especially two very old members of the Society who had not been with us for some years, viz., Michael Dwyer (County Registrar for Wicklow) and E. W. Mooney. Those taking part in the musical pro– gramme were R. J. Tierney, P. J. Kennedy and J. P. Kennedy, with Des. McLoughlin at the piano. The venue for the Autumn Meeting of the Society is receiving the attention of the Committee. The President of the Incorporated Law Society has very kindly suggested that the outing should be held at Greenore, and that if the members wished, a pleasant week-end could be arranged at the hotel there. Will all Solicitors interested in the Society who are not already members please communicate with the Hon. Sec., A. Marshall, 119 Stephen's Green, Dublin, who will give them full information. OBITUARY MR. MICHAEL A. HUMPHREYS, Solicitor, died in the Richmond Hospital, Dublin, on jth May, 1946. Mr. Humphreys served his apprenticeship with Mr. T. P. Robinson, Dublin, was admitted in Hilary Sittings, 1939, and practised as a partner in the firm of Messrs. O'Hanlon & Robinson at 3 Lr. O'Connell Street, Dublin. MR. ROBERT C. BANNISTER, Solicitor, died suddenly in Dublin on 7th May, 1946. Mr. Bannister served his apprenticeship with the late Joseph Alien, Lisburn, was admitted in Trinity Sittings, 1907, and practised in Lisburn. MR. AIDEN E. R. MACCABE, Solicitor, died at his residence, " Swellan," Cavan, on nth May, 1946. Mr. MacCabe served his apprenticeship with the late Frederick E. Kennedy, Cavan, was admitted Hilary Sittings, 1917, and practised in Cavan.

MR. AUSTIN J. C. CREAN, Solicitor, died at his residence, Windsor Villa, Ballyhaunis, Co. Mayo, on i zth May, 1946. Mr. Crean served his apprenticeship with the late Thomas J. MacGrath, Dublin, was admitted in Hilary Sittings, 1910, and practised in Ballyhaunis. He was appointed Sheriff for County Mayo in 1922. JOHN GIRVIN, Solicitor, died at 133 Templeogue Road, Dublin, on 25th May, 1946. Mr. Girvin was admitted in Hilary Sittings, 1880, and practised in Kilorglin up to the year 1916. He subsequently practised at Keady, Co. Armagh. He retired from practice some years ago. MR. EDWARD J. MALLINS, Solicitor, died at his residence, 9 Rosmeen Gardens, Sandycove, Co. Dublin, on 29th May, 1946. Mr. Mallins served his apprenticeship with the late John Ruckley, Dublin, and the late Arthur E. Vincent, Dublin, was admitted in Trinity Sittings, 1898, and practised at 23 Kildare Street, Dublin, as a member of the firm of Murphy and Mallins up to the year 1936. Subsequently, he practised in his own name at 2 Upper Ely Place, Dublin. Mr. Mallins was a member of the Council of the Incorporated Law Society from the year 1930 to 1941. He was a Vice-President for the year 1935-36. LEGAL APPOINTMENT MR. EDWARD RYAN, Solicitor, formerly of the firm of Messrs. Moran & Ryan, Lr. Ormond Quay, Dublin, has been appointed a District Justice. THE REGISTRY (i) Entries will be accepted from solicitors for the Registry under the following headings: Sec– tion A. Practices for sale, partnerships and assistantships vacant; Section B. Practices, partnerships and assistantships sought; Section C. Miscellaneous information required, books, office equipment, etc., wanted or for sale. (2) Each entry accepted will be made in the appropriate section of the register which is open for inspection at the Society's offices during business hours. Each entry accepted will also be published once in the Society's Gazette. If the advertiser wishes, the entry and advertisement in the Gazette may be over a box number. (3) Charges for each entry in the Register (including one publication in the Society's Gazette): members of the Society 3/- for 30 words or less and id. for each additional word over 30. Other solicitors double the rate MR. WILLIAM

SECTION C RODERICK B. MCCONNELL, Solicitor, lately of 101 Grafton Street, has recently acquired the practice of the late Michael J. Bowers, Solicitor, and will practise henceforth at 24 Dame Street, Dublin, under the title McConncll & Bowers, Solicitors.

for members of the Society. (4) Replies to entries in the Register and advertisements will not be forwarded by the Society unless postage is pre– paid. (5) Replies to advertisements should be marked with the appropriate Box No. and addressed to the Society. (6) The use of the Registry by solicitors is subject to general conditions, copies of which may be obtained from the Secretary. SECTION B SOLICITOR qualified 1942 ; Managing Assistant for previous seven years ; energetic and efficient, having practised in City and- now in country, requires partnership in progressive City practice. Wide experience in all branches including Court work, cost drawing, accountancy and income tax. Many business connections in Dublin. Capital £1,000. Box 8.119.

WANTED Irish Law Times Reports from 1935 Price to Box No. 109.

FOR SALE, residue of Judge's Library, perfect condition. Irish Reports, 1928-42. Lindleys Companies, latest edition. Stiibbs Irish Digest, 1867-93, etc. Box no.

The Solicitors' Benevolent Association

The Association which operates throughout the whole of Ireland, cares for Solicitors, their wives, widows and families who have fallen on hard times. Last year over £1,300 was distributed in relief. Additional subscriptions, donations and bequests are urgently needed to continue and extend the Association's work. The active co-operation of the Profession in the Association's good work is asked for and all who are not members are urged to join without delay. Membership Subscription : £i is. od. (or 10/6 if admitted less than ^years') a.year. £10 IDS. od. life fneffibership. Address: THE SECRETARY, SOLICITORS' BENEVOLENT ASSOCIATION, 12 NASSAU STREET, DUBLIN.

Secretary

the

should be addressed to

connected with THE GAZETTE

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of the Society, Solicitors' Buildings, Four Courts, Dublin. Telephone :

LIFE

. ENDOWMENT . AN-NUITIES .

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LEGAL ADVICE IN LEGAL MATTERS It is a sound axiom that only legal experts are competent to give legal advice and the wise layman always acts on it, and so avoids the pitfalls of the less wise and the less wary. It applies with equal soundness and equal truth in the matter of Life Assurance, and here " New Ireland's" advice is a vital need. first-class knowledge of the subject enable its. experts to advise you as to most suitable tables to select and the most advantageous. We will be glad to send you fuller information. TOTAL FUNDS EXCEED £2,000,000 NEW IRELAND ASSURANCE COMPANY LIMITED Years of experience and

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Head Office: 12 DAVVSON STREET, DUBLIN

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IRISH NATIONAL INSURANCE COMPANY, LIMITED

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BONDS SEALED DAILY

HEAD OFFICE : II DAWSON STREET, DUBLIN

Telephone Nos.

Telegraphic Address " URRADAS, DUBLIN"

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(7 Lines)

mm SIOPS « MCCABE

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Vol. 40 No. 3

July 1946

THE GAZETTE of. the INCORPORATED LAW SOCIETY OF IRELAND

President : DANIEL O'CONNELL.

Vice-Presidents : MATTHEW G. R. LARDNER. ROGER GREENE.

Secretary : ERIC A. PLUNKETT

FOR CIRCULATION AMONG MEMBERS

MEETING OF THE COUNCIL

Applications under Section 47

FOUR applications from solicitors under Section 47 to obtain their Registrar's certificates were considered and granted. Apprentices' Applications A NUMBER of applications from apprentices were considered and dealt with. A number of matters were considered and referred to Committees of the Council for consideration and reports. PROFESSOR OF EQUITY, REAL PROPERTY AND CONVEYANCING THE Council invite applications from solicitors for the position of Professor of Equity, Real Pro– perty and Conveyancing. Copies of the terms and conditions of appointment may be obtained from the Secretary. Applications for the position should reach the Secretary, marked " Professorship," not later than i3th July, 1946. 15

JUNE 6TH. Also present: Messrs. H. St. J. Blake, J. J. Smyth, S. O hUadhaigh, A. Cox, W. S. Hayes, J. J. Bolger, J. R. Quirke, J. J. Lynch, J. P. Tyrrell, H. O'Don- nell, G. A. Overend, H. P. Mayne, J. J. Dunne, P. F. O'Reilly, C. G. Stapleton. The following was among the business transacted : The President in the chair. THE Council considered a report from a Committee on a letter from the American Bar Association enclosing draft of a constitution of a proposed International Bar Association and asking for the views of the Council thereon. It was ordered that the Secretary should in the first instance ascertain the views of the Department of External Affairs on certain aspects of the draft constitution and report back to the Council. International Bar Association i

THE HON. TIMOTHY SULLIVAN THE following letter has been received from the Hon. Timothy Sullivan in reply to the resolution of the Council on the occasion of his retirement from the office of Chief Justice: Shamrock Hill, Stillorgan Road, Dublin, dth May, 1946. Dear Mr. Secretary, I must ask you to excuse my delay in acknowledg– ing the receipt of the resolution adopted by the Council of the Incorporated Law Society of Ireland on my retirement. Will you convey to the Council my deep apprecia– tion of the far too generous terms in which they refer to my work as Chief Justice. The kindly relations which always existed between us were due in large measure to the assistance unfailingly given to me by the Council and by the solicitors whom they represent, and I am glad to avail myself of this opportunity to express my. gratitude to both. I thank the Council for their good wishes, and I thank you, Mr. Secretary, for so kindly associating yourself with the resolution. Yours sincerely, TIMOTHY SULLIVAN. LEGAL TEXT BOOKS THE Council have recently considered the difficul– ties experienced by solicitors' apprentices in studying for the Intermediate and Final Examinations of the Society owing to the present scarcity of legal text books. On account of the changes effected by English legislation in subjects such as Real Pro– perty, Conveyancing and Company Law since the setting up of the Irish Free State, the modern editions of English text books on these subjects are not appropriate to this country. Students, consequently, must rely upon the older editions. These editions have been gradually going out of print and are now becoming very difficult to procure, and the Secretary frequently receives letters from apprentices asking where they can obtain copies of the books on the courses. Some years ago the Government was approached by the Council and requested to subsidise the publication of legal text– books, but no step has been taken in this direction. Even if it were now decided to undertake the publication of legal text books in this country a considerable interval of time would elapse before any law books could appear on the market, and

in the interval the difficulties in the way of appren– tices preparing for the Society's examinations would continue to be very great. The Council feel that the responsibility lies upon them to take all possible steps to remedy the situation, and they have therefore decided to purchase as many copies of the appropriate editions of the text books as are available with the object of lending them to appren– tices preparing for the examinations. It has been decided to circularise the profession individually as there may be a number of solicitors who will be prepared to sell law books to the Society for the purpose of the scheme, and the Council hope that the response from the profession will enable them to overcome in part, at least, the present difficulties. DECISIONS OF INTEREST TO THE PROFESSION THERE is a number of recently reported cases either affecting the solicitors' profession or dealing with matters which, although not affecting solicitors personally, fall within the peculiar province of a solicitor's practice. The first of these cases Barratt v. Gough, Thomas & ors. was referred to in the number of the GAZETTE for November last and is now noted as it has been brought to the English Court of Appeal from the Chancery Division (6z T.L.R. 40). The plaintiff in the proceedings was a mortgagor seeking redemption of his mortgage and the defendants were the executors of the deceased mortgagee. The first defendant was also a solicitor who on the occasion of the mortgage had acted for both mortgagor and mortgagee. At the date of the redemption proceedings he was a creditor of the mortgagor for the costs of the mortgage and for certain advances, all of which had become statute-barred. The defendants in the redemption proceedings did not dispute the plain– tiff's right to redeem the mortgage. The sole question raised in the proceedings was whether or not the first-named defendant was entitled to a lien on the title deeds which he had retained all along for the amount due to him by the plaintiff mortgagor . on foot of the costs and moneys advanced. It was decided by the parties that the most convenient method of having this matter determined was to raise it in the redemption proceedings, and accord– ingly the solicitor defendant applied to the Court for an order declaring that he was entitled to a retaining lien on the title deeds. His application was refused by'the High Court. The Court held that once the solicitor became an executor of the deceased mortgagee he ceased to hold the title deeds as solicitor and thereafter held l6