The Gazette 1918-19

The Gazette of the Incorporated Law Society of Ireland.

[DECEMBER, 1918

so far as he carried it on, was used as a mere disguise in order to give a colourable pro fessional appearance to the course of ordinary money-lending transactions which he com bined with his practice. (Reported (1918) 1 K.B. 205 ; 118 L.T.R., 177.) High Court Sittings, 1919. THE following are the dates of the High Court Sittings during 1919 :— Hilary—commence llth January, ter minate 10th April. Easter—commence 24th April, terminate 28th May. Trinity—commence llth June, terminate 31st July. Michaelmas—commence 25th October, terminate 21st December. THE following are the dates upon which lectures will be delivered to the Junior Class during Hilary Sittings, from 2 to 3 o'clock, p.m. :— January 13, 16, 20, 23, 27, 30. February 3, 6, 10, 13, 17, 20. The following are the dates upon which lectures will be delivered to the Senior Class during Hilary Sittings, from 2 to 3 o'clock, p.m. :— January 14, 17, 21, 24, 28, 31. February 4, 7, 11, 14, 18, 21. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin. Advertisements should be sent to Hely's Ltd., 28 Dame Street, Dublin. Hilary Sittings Lectures, 1919.

McCardie, J., in giving judgment for the defendant, in the course of his judgment, said :—This action raises points of general interest under the Money-lenders Act, 1900. The question at issue is important. The defendant contends that the plaintiff com bined the business of an unregistered money lender with the practice of his profession as a Solicitor, and that the latter vocation has cloaked an illegal trade. .... The Act of 1900 was a severe but beneficial measure. Its object must always be remem bered. On the one hand, a legitimate business must not be checked if the lending of money is reasonably and bona fide incidental to its successful prosecution. On the other hand, the law must not permit an apparently legitimate business to be made the mere cloak and pretext for the unlawful trade of an unregistered money-lender. . . . It is well recognised that a solicitor may properly and frequently does advance money to third persons. But such advances should be so made as to satisfy the Court (a) that the moneys are lent for the primary purpose of maintaining or increasing his professional business and the resultant professional fees, and (b) that the circumstances preclude the inference that his function is that of a money-lender who conceals his trade under the guise of pro fessional legal activity. If the Court comes to the conclusion that the solicitor carries on the actual business of a money-lender as well as the vocation of a solicitor, then his pro fessional calling will not free him from the requirement of registration under the Act of 1900. A man may follow concurrent callings. If- one of such callings be the trade of a money-lender, then the Act must be complied with. . . . After a careful consideration of the whole evidence I am satisfied that at all material times the plaintiff was a money lender, that his business as a money-lender was carried on apart from any bona fide motive or object of professional fees or legal practice, and that his vocation as a solicitor,