LAW PRACTITIONERS

Dominion, Volume 29, Issue 72, 18 December 1935, Page 8

LAW PRACTITIONERS

Disciplinary Committee Set Up By Society

PERSONNEL ANNOUNCED A. disciplinary committee, as provided for under the recent Law Practitioners’ Amendment Act, was. appointed by the council of the New Zealand Law Society in Wellington last week. It was decided that the committee should consist of seven members, and after a ballot the following were declared elected: —Messrs. 11. F. O’Leary, K.C.; G. G. G. Watson and C. 11. Weston, K.C. (Wellington), F. B. Adams (Otago), A. T. Donnelly (Canterbury), A. 11. Johnstone. K.C. (Auckland), and IT. B. Lusk (Hawke’s Bay). The president, Mr. O’Leary, reported that he had congratulated the new Attorney-General on behalf of the society, ami that he had expressed to Mr. Mason the satisfaction of the profession at the office being once again held by a practising member. These congratulations wore heartily endorsed by the mooting.

A report was received from a subcommittee which had interviewed the Commissioner of Stamp Duties in connection witli tlie present anomalous position concornimr I ho ad valorem duty charged on transfers of mortgages and on the transfer of mortgaged property when tlie mortgagee was compelled to take possession. The matter is still under consideration, and it is hoped that some benefit will result from the representations made.

Tn answer to a letter from the society. drawing attention to tlie necessity of safeguards ns to file irrantina and exercise of judicial and onasi-iu-dicial powers by ministers of the

Crown, and referring him to a report drawn up in England by the Donoughrnore Committee, the former Prime Minister (Kt. Hou. G. W. Forbes), replied, thanking the society for its offer to assist tlie law officers of the Crown in giving effect to the terms of tlie report, ami in preserving what the society had very properly referred to as "those constitutional landmarks ami safeguards which mean so much to English speaking peoples.” Tlie Attorney-General, in reply to a resolution forwarded by the council to tlie effect that where a reduction in the final balance of a deceased estate should be occasioned owing the compulsory writing-down of the value of a mortgage under the provisions of the Rural Mortgagors’ Final Adjustment Act, a claim for a refund of estate and succession duty might be brought at any time within twelve mouths from tlie date when the amount of such reduction was ascertained, uothwithstanding anything to the contrary in section 74 of the Death Duties Act, 1021, sent a lengthy reply in which he stated that lie thought tlie present position was satisfactory. A committee was appointed to interview the Minister of Justice concerning tlie appointment of magistrates, and to make suggestions with a view to raising their status and salaries.

Various anomalies in the Life Insurance Act, 100 S, particularly in connection witli sections Go, GG and 77 were discussed. it was agreed that the Act was badly in need of a general overhaul, a fact to which the judges had drawn attention on a number of occasions, and a committee was set up to interview the Attorney-General, and to draw liis attention to tlie various matters needing revision. It was decided to renew, representations made previously that the second schedule of tlie War Regulations Continuance Act. 1920, should be repealed. Tlie Wellington society suggested that tlie £G fee on tlie tiling of a creditor's petition in bankruptcy was excessive, and it was agreed that tlie Government should bo approached witli a view to having the filing fee. both on debtor's and creditor's petitions, substantially- reduced.