The Gazette 1916-17

36

The Gazette of the Incorporated Law Society of Ireland.

[NOVEMBER, 1916

(2). Applications under said Sub-section shall be made by way of Originating Sum mons ; but in any case where on the hearing of such Summons the Court is of opinion that proceedings ought to have been insti tuted by Writ of Summons, the Court may, on such terms as it may think just, stay the proceedings and direct same to be taken by Writ of Summons. 4 (1). No fees shall be payable or taken on proceedings commenced by Summons or Originating Summons, but in all proceedings by Writ of Summons the schedule of fees in force for the time being shall apply. (2). The costs of proceedings under the Act shall be regulated by the Scale of Costs in force for the time being for analogous proceedings in the High Court. 5. These Rules, or any of them, should subsequent circumstances render it just so to do, may at any time be rescinded, revoked, amended or varied. 6. These Rules may be cited as the Law and Procedure (Emergency Provisions) (Ireland) Rules, 1916. Wills of Soldiers and Sailors on Active Service. ATTENTION is drawn to the provisions of the Wills Act, 1837, in relation to the making of wills of soldiers and sailors on active service. By the Common Law anyone over the age of 14 years could make a will disposing of his personal property. Section 7 of the Wills Act, 1837, provides that " no will made by " any person under the age of twenty-one " years shall be valid" ; and Section 9 of the Act provides for signature in presence of two witnesses, etc. Section 11 of the same Act is in the following terms :—'' Provided always, that " any soldier being in actual military " service, or any mariner or seaman being " at sea, may dispose of his personal estate " as he might have done before the making " of this Act." Accordingly, a soldier in actual military service, and a mariner or seaman at sea (but in regard to the latter subject to certain pro visions contained in the Navy and Marines

(Wills) Acts, 1865 and 1897, and the Merchant Shipping Act, 1894) can, if of the age of 14 years or upwards, dispose of his personal estate, either by a will nuncupative or in writing unsigned and unattested. Unqualified Person acting as a Solicitor. Before His HONOUR JUDGE WALKER CRAIG, Recorder of Belfast. The Incorporated Law Society of Ireland v. Knox. 22nd September, 1916. THIS was an action brought by the Incor porated Law Society of Ireland under the 52nd Section of the Solicitors (Ireland) Act, 1898, against Andrew Knox, 2 Brunswick Villas, Henderson Avenue, to recover £50 for acting as a solicitor when the defendant was unqualified to do so in a case heard before justices at Crumlin on the 29th of May, 1916. The proceedings were brought with the sanction of His Majesty's Attorney-General for Ireland. Mr. W. Hume (instructed by Mr. W. G. Maginess) appeared for the plaintiffs, and Mr. Wm. Beattie (instructed by Mr. George M'Cracken) appeared for the defendant. In stating the case, Mr. Humc said the lowest penalty for the offence, which was admitted, was £50. Mr. Beattie said he had advised the defendant that the latter had no answer to the action. Mr. Knox did act as a solicitor on the occasion referred to, and there was nothing for him but to submit to a penalty. The defendant, who then entered the witness box, said he was Honorary Secretary of the Belfast Branch of the Anti-Vaccination Society, and as such appeared under written authority in vaccination cases. He had never before appeared in any case under the Public Health Act. On this occasion he looked upon the Public Health Act as part of the Vaccination Acts. Witness acknowledged he had acted wrongly, and stated that he would never repeat the offence. His Honour said there was nothing left for him but grant a decree for £50. He knew that the Incorporated Law Society had a great deal of consideration for human error, and, without any observations from him, he