Page:Irish Law Times - Volume 1.pdf/31

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1867.] AND SOLICITORS' JOURNAL. 3

rendered the rules regarding these examinations inoperative; but this intention was defeated by the exertions of the Law Society; and such clerks were, by that Act, expressly required to be examined in pursuance of the Benchers' rules. Subsequently the law clerks presented a memorial to the Benchers, seeking to have these rules relaxed in their case; but the Benchers wisely and properly made no concession in their favour, nor did they in any instance, that we are aware of, dispense with the preliminary examination. We earnestly hope that the judges who themselves, as Benchers, were the first to sanction these rules, and to whom is now reserved a discretionary power of controlling the action of the Incorporated Law Society, will adhere to these principles on which they have hitherto acted , and will warmly support the efforts of the Council to raise the intellectual and social status of the profession, and thus secure its true efficiency and influence.

SOLICITORS' BENEVOLENT ASSOCIATION.

We publish elsewhere the Report which has just been adopted at the Annual Meeting of this Association; it deserves the attention of our readers The Association has been in existence some three or four years, and appears to have been enabled, even in that short time, to afford considerable relief. It is, however, to be regretted that the funds at the disposal of the Committee have been insufficient to admit of their granting aid in very many instances where the circumstances were such as to call for it; but which, in the exercise of their trust - administering a very limited fund - they were forced to refuse. We trust this will not be so in future; and we are happy to have the opportunity afforded us in this, our first number, of making known to such of the profession as may have been in ignorance of it, that such a society is in operation. It can scarcely need anything we could say to recommend it; and we refer those who feel an interest in its object to the Report itself.

CURRENT TOPICS.

At the inaugural dinner at the Mansion house on New Year's Day, the Right Hon. William L . Joynt, Lord Mayor, signalized the occasion by giving as a toast “The Attorneys and Solicitors of Ireland.” We take the report of his remarks from Saunders:-

“He was sure it was not too much to ask them to drink the health of the honoured profession to which he belonged . Possibly, as they were unaccustomed to the toast, they were a little surprised at his audacity in proposing it. Any success that he himself had had in life he owed to that profession . Fifteen years ago he began in its humblest walks; and by patience, perseverance, and honourable attention to his duties, he had found himself able to realize the best and proudest hope that any man could have in this life, as far as worldly prosperity went — the proud privilege of being independent. He was very glad to see many distinguished gentlemen belonging to his profession in the room. He could not ask them all to respond ; but he would join with the toast the name of one of them , Mr. Durdin, an alderman of the city , a gentleman of considerable attainments, of very high personal character, and, probably, whose proudest boast was that he did not share a single political principle in common with himself. He was all the prouder to see him there that night; and he called on them to drink prosperity to him, and to the solicitors, who on a late occasion had obtained a charter for themselves,and had escaped from the protecting care of a body who thought much more of themselves than they did of the solicitors."

It is, we understand, the intention of Sir Colman O’Loghlin, M.P., to re-introduce into Parliament at the earliest opportunity , a Bill for the abolition of arrest for debt on final process. By this measure the person of the debtor will be altogether freed from attack, but it is probable that his property, income, &c., will at the same time be rendered more assailable. We cannot but think, however, that the laws which should regulate the important relations between debtor and creditor ought not to be dealt with crudely, or by piecemeal, or, we may add, by private legislation. It is a matter requiring comprehensive treatment, and deserving the attention of the Government.

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In the address of Mr. Vance, M.P. for the borough of Armagh, when returning thanks to the electors, the following observations occur with reference to the law of Bankruptcy in Ireland:

“There are some other measures likely to engage the attention of Parliament in the next session, and one is upon the subject of bankruptcy. It is not generally known that we have different systems in the Three Kingdoms as regards bankruptcy. Besides which, there is a different law of debtor and creditor in each country (hear, hear.) It would be very desirable to assimilate them, and it is because I feel the necessity of such a measure that, as a mercantile man, I was particularly anxious to be placed in Parliament this session. In any measure that passes I trust the most tender consideration will be given to men who by sheer misfortune have been driven into the court. At the same time, I should be willing to see a severe punishment enacted for those who should be proved to have fradulently dissipated the property of their creditors. It is also extremely desirable that the assets should be promptly and inexpensively divided. At present they are generally frittered away in law courts and proceedings in which the creditors have no interest. I trust (with due regard, of course, to vested interests) that the creditors will be first consulted in any arrangement of the sort that may be made."

ENGLAND

LAW SOCIETIES AND LEGAL REFORMS.

At a meeting of deputations from the undermentioned law societies in England, held at the Westminster Palace Hotel, 11th Jan., 1867 ; present from Liver