The Gazette 1927-30

APRIL, 1929]

The Gazette of the Incorporated Law Society ol Ireland.

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MR. PATRICK J. BYRNE, Solicitor, died upon the 28th March, 1929, at his residence, 13 Dublin Street, Carlow. Mr. Byrne served his apprenticeship with his brother, the late Mr. William M. Byrne, Tullow ; was admitted in Easter Sittings, 1896, and practised at Carlow. He was a member of the Council of this Society from 1924. MR. BERNARD J. O'FLAHERTY, Solicitor, died upon the 30th March, 1929, at his residence, Mayfield, Enniscorthy. Mr. O'Flaherty served his apprenticeship with his father, the late Mr. Peter J. O'Flaherty, Enniscorthy. He obtained a silver medal at his Final Examination and the Findlater Scholarship, 1887; was admitted in Hilary Sittings, 1887, and practised at Enniscorthy and Wexford. He was a member of the Council of this Society from 1927. APPOINTMENT. MR. THADDEUS O'SULLIVAX, Solicitor, has been appointed an Assistant Justice of the District Court in Saorstat Eireann. Mr. O'Sullivan was admitted a Solicitor in Hilary Sittings, 1923, and practised at Killarney. This Bill is now before the Senate. On the 11 th April, on the motion of the Senator in charge of the measure, the Senate post poned the consideration cf the Bill, and the motion for second reading is fixed for 1st May. The Council request members of the Society to communicate with those Senators with whom they may be acquainted and urge them to oppose the measure. Copies of the pamphlet issued by the Council, giving reasons " Why the Incor porated Law Society of Ireland object to the Legal Practitioners (Qualification) Bill, 1928," can be obtained in the Secretary s Office, 45 Kildare Street, Dublin. THE LEGAL PRACTITIONERS (QUALIFICATION) BILL.

LEGAL DECISION. PROBATE, DIVORCE AND ADMIRALTY DIVISION (ENGLAND). COURT CONTROL OF PROVED WILLS. In re WILLIAM GREER, deceased. (Before the Right Hon. the President.) His Lordship refused this application on behalf of the plaintiff in a probate suit in the Irish Free State for the original will, which had been admitted to probate in England, to be allowed to be produced at the trial in Ireland. Mr. F. L. C. Hodson (for the applicant), said that when the action came on in the Irish Free State the plaintiff sought to put in evidence a photographic facsimile of the will, probate of which was opposed in Ireland. The defendants objected on the ground that it was not best evidence, and the case was adjourned for the present application to be made to the English Court. He now asked that the will might be sent in the custody of an official from the Probate Registry to be produced at the trial in Ireland. Section 11 of the Administration of Justice Act, 1928, provided :— " All original wills and other documents which are under the control of the High Court, either in the principal probate registry or in any district probate registry, shall be deposited and preserved in such places as the President of the Probate Division, with the consent of the Lord Chancellor, may direct, and any wills or other documents so deposited shall, subject to the control of the High Court and the provisions of the probate rules and orders, be open to inspection." That Section replaced Section 170 of the Judicature (Consolidation) Act, 1925, which was to the same effect. Section 172 of the Act of 1925 said :— " There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein on