The Gazette 1964/67

The Judicial Commissioner gave a like dir ection on 25th February 1966 in respect of the Ministerial authorisation dated 8th February, 1966 referred to above. COMMISSIONERS FOR OATHS PROHIBITED FROM ACTING WHERE INTERESTED Section 1 (3) of the Commissioners for Oaths Act (52 Vie. 10) provided that a Commissioner for Oaths shall not exercise any of the powers of a Commissioner in any proceeding in which he is solicitor to any of the parties to the proceeding, or clerk to such solicitor, or in which he is inter ested. A Commission to administer oaths remain in force only while the solicitor holds a practising certificate, see 102.L.T. (1896), pp. 65, 188. A Commissioner for Oaths is forbidden to take affidavits by his client in any proceedings in which he or his firm are acting, and this pro hibition extends to the client's local solicitor al though such local solicitor is not the solicitor on record in the proceedings, Duke of Northumber land v Todd 7 Ch. D.777; Parkinson v Crawshay, W.N. (1894) 85. It is not considered proper for a Commissioner for Oaths to take any affidavit or declaration in connection with any matter in which the solicitor or his firm is or are acting for the person making the Affidavit of declaration. A Bill of Sale under the Bills of Sale Act sworn before a solicitor acting for the grantor grantee has been held to be void, Baker v Am brose (1896), 2 B 372; 65 M. J. 2 V 589. This matter has been brought to the attention of members of the Society as apparently some soli citors or firms of solicitors consider that it is quite in order to complete memorials for registr ation in the Registry of Deeds on behalf of their clients or the clients of their firm. The matter has come to the attention of the Registrar of Titles. REGISTRY OF DEEDS MEMORIALS The Dublin Solicitors' Bar Association wrote to the Society drawing attention to the difficulty in obtaining memorials for the registration of deeds. It was pointed out that memorial parchment is becoming unobtainable and is expensive. The Society wrote to the Department of Justice draw ing attention to the position. On August 16th the Department replied stating that enquiries made from the trade have elicated

that while there is some delay in the importation of parchment there does not appear to be any danger of supplies drying up, as envisaged by the Dublin Solicitors' Bar Association. The Depart ment mentioned that under Section 6 of Anne Ch. 11 a memorial is required to be put in writing in vellum or parchment and, from enquiries men tioned, there would appear to be no shortage of vellum which, incidentally, is cheaper than parch ment. The Department is at present working on the preparation of a .comprehensive Registry of Deeds Bill to consolidate and reform the existing law in which it is proposed, inter alia, to provide for the presentation of memorials on paper. COMMISSIONERS OF CHARITABLE DONATIONS AND BEQUESTS BOARD MEETINGS Michaelmas Term — 1966 Tuesday — 4th October, 1966 — 18th October, 1966 „ — 1st November, 1966 „ — 15th November, 1966 — 29th November, 1966. — 13th December, 1966 LORD GARDINER DEFENDS LEGAL FEES The professions, and lawyers in particular, were stoutly defended yesterday by the Lord Chancellor, Lord Gardiner, against "brash and ill-informed criticisms" that they are addicted to restrictive practices. Addressing Cambridge University Labour Club, he pointed out that the Bar had recently chosen to abolish their circuit special fees and the "two- thirds rule" by which junior counsel could charge two-thirds as much as the fee marked on their leader's brief. The abolition of these practices, Lord Gardiner said, would substantially reduce the fees earned by barristers. "Show me any other example in modern times of a body of men voluntarily reducing their earnings for the same amount of work in what they believe to be the interests of the public." As for solicitors, the fees they could charge for actions ; in the county court were restricted to those in force 11 years ago.