The Gazette 1933-36

JANUARY, 1935]

The Gazette of the Incorporated Law Society of Ireland.

27

UNQUALIFIED PERSON ACTING AS A SOLICITOR. The Incorporated Law Society of Ireland and W. G. Wakely v. Con Keaveny. This was an action brought by the Society; with the sanction of the Attorney-General, for recovery of a penalty of fifty pounds under Section 52 of the Solicitors (Ireland) Act, 1898, and by the Secretary of the Society for the recovery of a penalty of twenty pounds under Section 3 of the Conveyancers Act, 27 Victoria, Cap. 8, in the Circuit Court of County Leitrim. The defendant is a Rate Collector, and resides at Stralongford, Ballinamore, County Leitrim. The action was heard at Carrick-on- Shannon on 6th December.. Mr. Pringle (instructed by Mr. Canning) appeared for the plaintiffs, and Mr. M. McGilligan (instructed by Mr. Black) appeared for the defendant. The particular act in respect of which the proceedings were brought was the prepara– tion by the defendant for remuneration of a deed of transfer of registered land and the registration by him of the completed deed in the Local Registry. In the week previous to the date fixed for the hearing representations were made upon behalf of the defendant to the plaintiffs' Solicitor to the effect that the defendant was prepared to admit the allegations contained in the plaintiffs' claim, and asking that the claims for penalties should not be pressed. After correspondence between the respective Solicitors, the following memorandum, sub– mitted on behalf of the plaintiffs, was agreed to by the defendant through his Solicitor : " The Incorporated Law Society of Ireland " and W. G. Wakely v. Con. Keaveny. "1. The plaintiffs' Counsel having stated " the case and the fact that in addition to " the particular transaction dealt with in " these proceedings, the defendant has " carried out a large number of similar " transactions, the Defendant will in open " Court admit having carried out the said " transactions and having acted as a " Solicitor, contrary to the Statute 61 and 62 " Vict., Cap. 17, and also having acted as a " conveyancer for reward, contrary to the " Statute 27 Vict., Cap. 8 ; and the defendant

admitted in Michaelmas Sittings, 1898, and practised at Belfast up to 1904, when he became a member of the Belfast Stock Exchange. MR. WILLIAM H. GEOGHEGAN, M.B.E., D.L., Solicitor, died on the 29th December, 1934, at his residence, " Glenthorne," The Downs, Wimbledon. Mr. Geoghegan was admitted in Michaelmas Sittings, 1891, and practised at 19 Kildare Street, Dublin, up to 1923, when he retired. FACILITIES FOR PERSONS UNDER ARREST TO CONSULT LEGAL ADVISERS. In reply to a letter from the Secretary of this Society on this subject, the following letter has been received from the Secretary of the Department of Justice : Department of Justice, Upper Merrion Street, Dublin, 12th December, 1934. A Dhuine Uasail, I am. directed by the Minister for Justice to refer to your letter of the 7th instant, requesting, on behalf of the Council of the Incorporated Law Society, that the Minister should give directions so as to secure that persons who are arrested and detained, and who intimate that they desire to consult their legal advisers, should be given reason– able facilities to do so. I am to say, in reply, that so far as the Minister is aware, such reasonable facilities have always been granted as a matter of course. It is possible, however, that some mis– understanding may have arisen in individual cases and particularly as regards persons detained under the provisions of Article 2a of the Constitution. The Minister will take the necessary steps to rectify any such misunderstanding, if it exists, and if any particular instance of the refusal of reason– able facilities is reported to your Council, the Minister will be glad if his attention is drawn to it. Mise, le meas agat, (Signed), S. A. ROCHE, Runai. The Secretary, Incorporated Law Society of Ireland, Four Courts, Dublin, N.W.8.