The Gazette 1972

Court Committee Report on Master The sixteenth interim Report of the Committee on Court Procedure relating to the Jurisdiction of ttc Master of the High Court was published recently. The Committee first considered the previous functions of the Master of the High Court. It concluded that the main importance of the Master's office now lies in the judicial sphere and that consiquently he would have little time for exercising any administrative functions. The Com- mittee considered that the Master should be a judicial officer with limited jurisdiction under Article 37 of the Constitution. The Master should by statute be given all the jurisdiction which a High Court judge now excrciscs in all exparle applications and in all motions on notice, except the following: — (a) Matters relating to criminal proceedings: (b) Matters concerting the liberty of the person, inclu- ding attachment; (c) The granting of injunctions; (d) Applications for bail; (e) Applications for the trial of any issue before the trial of an action; Tn order to simplify trial procedure it is recommended that in most actions the plaintiff must, within one month after the pleadings have closed, or are deemed to have been closed, take out a summons to ge known as a "Summons for Directions" returnable to the Master in not less than 14 days in the formed annexed in Appendix D to this report. The object of this is to enable all matters wh : ch can be dealt with interlocutory applications, and have no: already been dealth with, to be dealt with in so far as possible. In the hearing of the summons the master shall order and give such directions as he thinks fit. Upon the hearing the Master of the High Court, if satisfied that his orders and directions have been complied with, shall order that the action shall take its place in the list of cases ready for hearing in the High Court,—and shall sign the summons for directions. Unless an action is for summarv judgment or an action which the Court has ordered to be listed without further pleadings normally no action would henceforth appear in the Court list for trial until the Master has given his directions. It is recommended that the Master should sit for five days a week during the Law Terms and that the person to be appointed as Master should be u practitioner of wide experience in litigation. Furthermore, in order to prevent a person from being adjudicated a bankrupt without any form of judicial intervention, : t shou!:! henceforth be necessary for creditors to bring this adjudication before the Master and the Master should have the power to postpone the adjudication until such further notice as he deems necessary has been given to the debtor. (f) All applications to approve settlements in eases in which damages are claimed on behalf of infants where liabilUy is in issue, and applications under section 63 of the Civil Liability Act. 1961; (g) Probate Motions; (h) Conditional or other orders in Slate Side matters save orders for enlargement or abridgement of time; (i) Interlocutory applications in matrimonial cases; and The Master should also continue to excrcise all juris- diction which is at present vested in him and which may in future be conferred upon him.

OBITUARY

Lorcan Gill —An appreciation The recent sudden death of Lorcan Gill at his residence, Belclare, Wcstport came as a great shock, not only to the members of the Mayo Bar Association, of which he was a former President, but also to his large circle of friends and to the community he served so faithfully during his professional career. Qualifying as a Solicitor in the year 1929, Lorcan soon established himself as one of the leading and most popular members of the profession. His quiet courteous and unassuming manner, more especially to his younger brethren, when in need of guidance, was a revelation to study, for Lorcan far preferred to hide his expertise and brilliance under the proverbial bushel, rather than impress any colleague. All his life he was keenly interested in sport; my happiest recollections are long after he had retired from active rughy to see him taking his place on the local team in a vain effort to stem the opposition. Lorcan was truly a gentleman; his practice always appeared to me to be 'A man's word was his bond', and he certainly lived up to that ideal.

His passing has left a void in his ranks of the Pro- fession that can never be filled. He will be sorely missed by his many friends both at the Bar and in the Solicitor's profession. P.J.D Mr. Edward W. Hcaly, Solicitor, died in June, 1972. Mr. Hcaly was admitted in Easter Term 1942 and practised at Pearse Street, Glonakilty, Go. Cork. Mr. Cornelius M. J. Daly, Solicitor, died unexpectedly while on business in London on 4th July, 1972. Mr. Daly was admitted in Michaelmas Term 1929 and practised under the title Cornelius J. Daly & Co. at 19 South Mall, Cork, and under the title of Messrs. J. J. Ronavne & Co. in Midleton, Co. Cork. Mr. Daly was n incmlier of the Council of this Society from 1952 to 1959 and was Vice-President in 1958-59. Mr. Daly had acted for many years with the President, Mr. O'Donovan, as Joint Honorary Secretary of the General Council of Provincial Solicitors Associations.

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