The Gazette 1955-58

FINANCE ACT, 1955. ' THE attention of members is drawn to Section 17 of the Finance Act, 1955, which relates to credit sales agreements under tne Hire-Purchase Act, 1946. Such agreements if made under hand are liable to 6d. stamp duty under Section 22 of the Stamp Act, 1891. If under seal, such agreements are liable to a stamp duty of io/- as being a Deed of any kind whatsoever, nat described in the Schedule under the Stamp Act, 1891. LITERATURE. Action by Administrator in Q.B.D. (L.T., i and 8 July, I955)- Accelerating Trusts in Remainder (" Re Cochrane's Settlement") (L.T., 4 March, 1955). American Anti-Trust Laws (Turner) (M.L.E.., May, 1955). Ancient Lights (I.L.T., 6 July, 195 5). Alternative Accommodation : Security of Tenure : "Scrace v. Windust " (S.J., 14 May, 1955). Assents in favour of oneself: " Harvell v. Foster" (The Solicitor, July, 1955). Assignment of part of debt Assignor's rights : "Walter v. Murphy" (S.J., 30 April, 1955). Attempt to stop up London Highway (S.J., 9 April, Bail Refused Likelihood of Further Offences ("People v. McCann " Haugh J.) (I.L.T., 4june, 1955.) Bankruptcy in Private International Law Pt. II (Blom Cooper) (International & Compar. L.Q., April, 1955). Bar General Council : Annual Statement (S.J., 25 June, 1955). " Beyond reasonable doubt." " R. v. Blackburn," and " R. v. Murtagh " (L.T., 24 June, 1955). Bonn and Paris Agreements (L.T., 18 February, J 955)- Boundaries : " Hopgood v. Brown " (C.A.) (L.T., i April, 1955). Burden of Proof under Road Traffic Act : " John v. Humphrey " (The Solicitor, July, 195 5). Chancery Masters Extended Jurisdiction (S.J., 9 April, 1955). Charitable Trusts Public Element (L.T., 2 July, Colonial Courts and the Doctrine of Judicial Precedent (Elias) (M.L.R., July, 1955). Company Law : " Holdsworth v. Caddies " and " Welch v. Bank of England " (S.J., 14 May, 195 5). Conditional and absolute discharge Powers of magistrates (S.J., 9 July, 1955). ... RECENT LEGAL

THE DUTY OF A LAWYER. You, the members of an ancient and noble profession, have a mission in the world to-day. You have an immense social dignity, with all the' time-honoured rights of your craft, but remember that these rights are based on your duties of social service. Law has been admirably defined in terms of justice as: Ars boni et aequi. You are the wardens of the law and of social justice, hence the indis– pensable social service you must render is to see that the citizen gets that good and just thing. By your very calling you are the trusted friends of natural equity, hence enemies of inequity. You are not the legislature, true, but as lovers of the law, as men expert in your craft, do not fail to inform the common conscience and the legislature, whether any proposed legisktion is or is not against natural justice or equity. Degradation must surely over– whelm a people whose jurists are so careless about natural equity, that nothing is beyond the powers of the legislature, provided legal formalities are observed. So much, then, must the bonum et aequum be the aim of the legal profession that for no consideration must either the judge sell his judgment or the advocate sell his advocacy to what does hurt to an individual or the community. If the advocate knows with certainty that a cause is untrue in itself and hurtful either to an individual or the community, his counsel and pleading for that cause would be a direct cooperation with evil. Moreover, as he cannot knowingly defend such an unjust cause even with facts that are true, so neither can he defend even a just cause with allegations that are untrue. No advocate can lie even to defend justice or truth. Yet it is still the tradition of the legal profession that these real services shall be recompensed not by any measure of wealth which the man of law may demand, but by such reward simply as will enable him to live the honoured life of advocate or judge. " Honour," says Adam Smith, " is a great part of the reward of all honourable employments." To sum up, I believe the Legal profession may help to save the State by a new affirmation of its old ideals, and by a strict adhesion to those two principles which are among its noblest traditions : First, Social Status based on Social Service; and, second, Reward based on Social Status. Rev. Vincent McNabb, O.P. (Quoted in the sermon delivered at the opening of the Legal year in St. Patrick's Cathedral, Melbourne, Australia, and reprinted in Scottish 'Law Gazette, March 1953. See also Irish Law Times, 1941, p. 242.)