The Gazette 1927-30

DECEMBER, 1928}

the Gazette of the Incorporated Law Society M Ireland.

During the year two important decisions were given, which established the fact that the procedure adopted in the Master's Court was not in accordance with the Rules. I refer to the decision in the case of " Roe v. McMullen," mentioned in the Report, and also to the case of " Stokes and Wilkie." As will be seen by the Report, it was held in the former case that certain Orders had been made by the Master in excess of his jurisdiction. Your Council took the matter up at once, and joined in a deputation to the Minister for Justice, as a result of which the Courts of Justice Act, 1928, which has become law, contains a clause dealing with the difficulty that had arisen, and this, I think, should be regarded as satisfactory. The second decision, that in the case of " Stokes and Wilkie," made it clear that the system of marking judgment by default in the High Court was wrong. Representations were made, as a result of which a formal hearing is now held by the Master in each case, and a Bill has been introduced in the Dail to validate the judgments obtained, and to prevent proceedings being taken in regard to them. It is hoped that this Bill will soon become law, and the unsatisfactory position at present existing will be remedied. It will be to the advantage of litigants if the Rules are amended to provide for a more simple procedure for obtaining judgments analogous to the old system. Bodies Corporate Bill. It is a matter of great satisfaction to your Council that the amendment to the Bodies Corporate Bill put forward by them was adopted. Your Council viewed with con siderable apprehension the absence from the Bill, as originally drafted, of any provision fixing a minimum capital for the Bodies entitled to act under the terms of the Bill. The amendment was drafted solely for the protection of the public. Circuit Court Rules. Since I last addressed you the Circuit Court Rules were before the Dail. They were referred to a Joint Committee of both Houses, who have reported, and I think we may regard these Rules as having been finally rejected. Great inconvenience is being caused by the absence of Rules. I am

unable to say the exact position with regard, to these Rules, but I know that the Report of the Committee has not been considered by the Dail. The incoming Council will, I am sure, press for the making of Rules as soon as possible. Bankruptcy and Companies. The Committee to inquire into the Bankruptcy Law and winding-up of com panies has continued its sittings. An interim report dealing with the Bankruptcy Laws alone has been issued, and I think that the recommendations of the Committee are generally approved of. The evidence in connection with the Companies Acts has been taken, and recommendations under this branch of the inquiry will soon be considered. Examiner's Office. At the May meeting I referred to the delays in the Examiner's Office, about which complaints had been made, when I stated that I was satisfied that any delays that occurred were due to insufficiency of staff. It will be noted that the Minister for Justice stated in the Dail, in response to inquiries on the subject, that steps were being taken to appoint additional staff, and I have also received assurances in this direction. I trust that this will enable the work to be expeditiously dealt with. Legal Practitioners (Qualification) Bill. I am sure most of you are familiar with the Bill lately introduced in the Dail to make the knowledge of Irish necessary for any candidate for admission to our profession. The Law Society are entrusted with the duty of seeing that no person is admitted to the profession who is not fully qualified by general education and legal knowledge. At our Preliminary Examination intending apprentices have to satisfy the Society that they have received an education of a high standard. Having passed that test the Society's next duty is to provide adequate legal education, and lectures are given for this purpose by the Society's Professors. Two further examinations have to be passed : the Intermediate, in the theory and practice of law and in book-keeping ; and the Final, in the theory and practice of law. The Bill, which passed the second reading recently in