The Gazette 1955-58
servant in the service of the Government. The Supreme Court (Kingsmill Moore J. 0 Dalaigh J. and Martin Maguire J.,—Maguire C. J. dissenting) upheld this contention and reversed the decision of Dixon J., who had affirmed the decisions of the Deciding Officer and of the Appeals Officer under the Social Welfare Act, 1952 that this solicitor was liable to pay contributions under the Social Welfare Act. The main ground, of the Supreme Court decision was that under Section 6 of the Ministers and Secretaries Act, 1924, the powers relating to the public services specified including those of the Chief State Solicitor had been specifically vested in the Attorney General and that under Article 30 of the Constitution of 1937 the Attorney General was the independent law adviser of the Government and could not be a member of the Government. Consequently as the Attorney General was an organ of State independent of the Government the solicitor concerned could not be said to be a civil servant in the service of the Government but a civil servant in the service of the State, furthermore it could not be said that the Taoiseach had control over the office of the Attorney General under the omnibus clause contained in Section i of the Ministers and Secretaries Act, 1924, under which the administrative control of and responsibility for such public services as may not for the time being be comprised in any of the other Departments of State constituted by this Act became vested in the then President of the Executive Council—now the Taoiseach. It will be recalled that as a result of representations made at the special General Meeting of the Society of the 25th November, 1954, an amendment was introduced into the Solicitors' Bill, 1954, deleting the expression " Civil service solicitor" in Section 54 (3) and substituting therefor " solicitor in the full- time service of the State." and this fact is of special significance by reason of the present decision. As the appeal according to the Supreme Court raised an issue of considerable public importance, costs of the appeal and of the High Court proceedings were awarded to the appellant. (McLoughlin v. Minister for Social Welfare). SOLICITORS' GOLFING SOCIETY A very pleasant and successful meeting was held at Baltray on Saturday, 28th July, when a team competition was played against the Bar Golfing Society to be decided on the best six cards from each side, scoring as four-ball against bogey. In the result this Society won with an aggregate of 27 up against 25 up by the Bar Golfing Society. The best card was returned by members of the Society, D. Bell and G. Doyle who had 8 up. Three pairs tied for the second place with scores of 7 up, namely
A. D. Pringle and H. McWilliam (Bar Golfing Society), J. Griffin and D. Murphy (this Society) and G. Hickey and M. T. Neary (this Society). There was a large and representative attendance from each Society and it was felt that the inter- Society competition should not be allowed to lapse. Dinner was held in the Clubhouse. A telegram from the President of the Incorporated Law Society, Mr. D. P. Shaw, as President of this Society, was included in the messages received expressing regret at inability to attend and wishing the meeting every success. It is proposed to hold the meeting for the Presid ent's Prize and associated prizes at Mullingar at a date (to be fixed) between mid-September and the end of the month. Particulars will be circulated to members in due course. OBITUARY. MR. RICHARD O'BRIEN, Solicitor, died on the 24th July, 1956, at his residence Ballykisteen, Tipperary. Mr. O'Brien served his apprenticeship with the late Mr. James F. D'Arcy, Tipperary, was admitted in Trinity Sittings 1936 and practised under the style of Messrs. O'Brien and O'Sullivan, Tipperary. MR. DIARMUID MURTAGH, Solicitor, died on the igth August, 1956, at the Bon Secour Hospital, Dublin. Mr. Murtagh served his apprenticeship with Mr. P. C. Murtagh, Solicitor, Athlone, was admitted in Hilary Sittings 1929, and practised as partner in the firm of Messrs. Fair & Murtagh, Athlone. THE REGISTRY. Register C. Two offices available Kildare Street, Dublin. Rent £104 per annum. Reply to McCann, White & Fitzgerald, Solicitors, 72, St. Stephen's Green, Dublin. THE Laws of England by Halsbury ; preferably on India paper. Please state edition, price, etc. Box Ci48. INFORMATION is sought as to the whereabouts of the Will of THOMAS FLANAGAN, late of Ballymoe, County Galway, Merchant, Deceased, who died on the 25th June, 1956. It is possible that the deceased made a Will, perhaps with a Dublin Solicitor, between the months of October 1954 and January 1955. Anyone having such information is re quested to communicate with HENRY CONCANON & CO., Solicitors, 9, William Street, Galway. REGISTRATION OF TITLE ACTS, 1891 and 1942 ISSUE OF DUPLICATE LAND CERTIFICATE APPLICATIONS have been received from the registered owners mentioned in the Schedule annexed hereto, for the issue of Certificates of Title in substitution for the original Certificates issued in respect of
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