The Gazette 1952-1955

in the Federation o f Malaya, was instructed to act for certain shareholders in a company incorporated in Malaya who, being dissatisfied with the conduct o f an annual general meeting o f the company, desired to call an extraordinary general meeting o f the company with a view to removing the directors and secretaries and replacing them by their own nominees. For that purpose a requisition was prepared, consisting of three documents in identical terms, which were signed by 24, 29 and 37 share­ holders respectively, totalling 90, and handed to the appellant. It appeared that pursuant to section 115 o f the Malayan Companies Ordinance, 1940, the requisition should have stated the names of the dissatisfied shareholders’ nominees for appoint­ ment as directors and secretaries, and a new requisition was prepared, again in three sheets in identical terms, to effect that amendment. The appellant cut off the signatures from the original requisition and attached them by pasting them on to the sheets o f the new amended requisition and signed his name across the joint o f each of the three composite documents. At the date o f the later purported requisition certain o f the alleged 90 signatories were in fact, and contrary to the appellant’s belief, no longer members o f the company. The Disciplinary Committee appointed under section 27 of the Advocates and Solicitors Ordinance, 1947, were o f opinion that the appellant had been guilty o f grossly improper conduct within the meaning o f section 26 (2) ( b ) of the Ordinance, but that he did not act with intention to deceive. That finding was accepted by the Supreme Court, who suspended the appellant from practising for a period o f six months. The advocate appealed to the Privy Council. Held by the Judicial Committee o f the Privy Council dismissing the appeal, that for an advocate and solicitor knowingly and deliberately to submit a false document intending it to be acted upon was grossly improper conduct as being, in the words o f Lord Esher in In re Cooke (1889) 5 T. L. R. 407, dishonourable both to himself and to his profession. The submission o f such a document with such intention in itself involved an element of deceit. There could not be read into Lord Esher’s words in re Cooke a statement that a finding that intention to deceive was always an essential element in grossly improper conduct. Per Lord Cohen.—Their Lordships, however, agree with Pretheroe, C .J., that for an advocate and solicitor knowingly and deliberately to submit a false document intending it to be acted upon, is dishonourable both to himself and to his profession. This in itself involves an element o f deceit. For the reasons they have stated their Lordships

Law—i.e., it must not be contrary to public policy or to Irish law. The party seeking to enforce a foreign award must produce :— (a) The original award or a duly authenticated copy thereof. (b) Evidence proving that the award is final and that conditions (i) to (5) snpra have been fulfilled. An award is not “ final ” if any proceedings for the purpose of contesting the validity o f the award are pending in the country in which it was made. The comprehensive nature o f the new legislation will have been amply demonstrated. LAND REGISTRY, CENTRAL OFFICE. D E LA Y S IN G E TT ING UP COPY FOLIOS. Following representations made by the Society to the Registrar of Titles it has been learned that staff re-arrangements have been made with a view to avoiding delays in tracing original folios await­ ing indexing in the index branch. In future when a solicitor or his representative bespeaks a copy of a folio or requires an existing copy folio to be written up on completion of a dealing and lodges the appropriate fee (now a standard fee o f 6/- for a new folio, or 3/6d. in the case o f a “ write-up ” ) together with an adhesive Revenue stamp o f 1/ - (which may be a 1 /- postage stamp) the copy folio will be available to be taken up within 3 to 5 days depending on the general work of the Registry. SOLICITORS’ GOLFING SOCIETY. T he Summer Meeting will be held at Baltray on Saturday June 4th when the prize of the Captain (Mr. Desmond J . Collins) will be played for. The St. Patrick’s Plate and Veterans’ Cup (over 50 years) will also be played for as well as the usual runner-up and other prizes. The Club Dinner will be held in the Clubhouse at 7 o’clock and all members (whether competing or not) are cordially invited. It is expected that there will be a large turn out for the day and members are requested to notify the honorary-Secretary (Mr. L. K . Branigan, Four Courts) as soon as possible of their intention of being present. DECISIONS OF PROFESSIONAL INTEREST. Professional misconduct—Submitting a fa lse document intending it to be acted upon. The appellant, an advocate and solicitor practising

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