The Gazette 1967/71

actually goes into the pocket of the conveyancer is not so very different in the two countries. It may be mentioned that the profession in France is undergoing very similar uninformed criticism to that directed at solicitors in England in respect of the expense of employment of a lawyer; but in France the activities of the National House Owners Society would be considerably handicapped by the rule mentioned above whereby only a notary's document may be registered at the Bureau des Hypotheques ! The writer would like to take the opportunity of recording his gratitude to Maitre Jules Thomas, notary of Nancy, and to his staff for their kindness to him during his brief period he spent studying in the office of Maitre Thomas. H. W. A. THIRLWAY MARTS BILL The Secretary of the Law Society issued a state– ment today on behalf of the Council drawing attention to the certain provisions in the Bill which the Council regard as dangerous and pos– sibly unconstitutional. The statement pointed out that there are certain activities which require statutory licences in the public interest. Auction– eers, publicans, dance hall proprietors for instance must obtain annual certificates. Solicitors cannot practise without a certificate from the Law Society. The control is imposed in the interests of the public. The point is that the certificate is issued by the Court or alternatively there is a right of appeal to a Court against the refusal or granting of a licence. What is sought in the present Bill is to enable the Minister for Agriculture to determine the rights of individual citizens to engage-in business without any appeal to the Courts. This is a dangerous power to entrust to any Minister or Department. It is apparently suggested that there should be a right of appeal to a lawyer appointed by the Minister. An appeal from a ministerial decision to a nameless person appointed by the Minister is no substitute for a right of appeal to the Courts where the facts will be examined openly and published in the press. Why is it thought necessary to incur additional State ex– penditure when there are already sufficient jus– tices and judges who are paid to perform these functions? The right of appeal at present envisaged is given only to the marts in the event of a refusal. There is no appeal by a member of the public against the granting of a licence. The Bill affects

private citizens dealing with the cattle marts. There could well be cases of abuses in the conduct of livestock sales. An owner may have reason to suspect that his stock was sold at an under value at a collusive sale. Sales may be conducted such a way as to cause a nuisance or annoyance to the public or there may be other abuses or breaches of the ministerial regulations. Under the Bill the only remedy of a customer or a member of the public is to complain to the Minister who may revoke the licence. If the aggrieved party cannot prove his case up to the hilt he may be faced with a ruinous action for defamation because the privilege of immunity which covers sworn evi– dence given before a Court of Justice will not extend to complaints made to the Minister or his Department. The farmer or a public representative may be morally certain of the truth of the case, and it may in fact be true, but only the most foolhardy would take the risk of ruinous proceed– ings for defamation in order to redress a grievance. The cattle marts have a virtual monopoly of business in the areas in which they are operate. Rules backed by legal sanctions are essential and the Minister is the proper authority to make them. The Courts of the country which must pro– tect the citizens' rights without fear or favour are the proper authorities to interpret and enforce the rules. Press publicity in Court proceedings is a valuable safeguard against possible abuses in the operation of the marts and the interests both of the marts and of their customers would be fully protected by the impartial decision of a Court. The Council suggested that the livestock marts should operate under licences issued annually by the District Court in the same manner as auction– eers, publicans, and dance hall licences. Any per– son with a grievance would have a right to object to the renewal of the licence with full legal immunity for evidence given on oath in open Court. It is better that grievances should be investigated in this way than by complaints to the Department for which there is no immunity and from which the only appeal is to an anonymous person appointed by the Minister whose decisions will be reached after an enquiry which may or may not be open to the public. It should be added that the annual application for an auction– eer's, publican's, or dance hall proprietor's licence costs practically nothing beyond the revenue stamp on the licence so that there could be no objection to the Council's proposal on the ground of expense. Swift wrote that a man clad only in his shirt is no match for an opponent armed from head to 32