The Gazette 1940-44

several well-known solicitors, including a member of the Council of The Law Society, to give evidence as to the existence of such a custom or practice. The Commissioners found that there was a usual practice or custom of solicitors to the effect claimed, and that the debts in question had been incurred in accordance therewith, and were therefore admissable. Limitation of Actions. SECTION 3 of the Fatal Accidents Act, 1846, provides that any action under the Act in respect of the death of a deceased person must be brought within twelve calendar months from such death. This and various other statutory limitations of time for instituting certain classes of proceedings must be constantly before the minds of those responsible for advising intending litigants. In a recent case under the Fatal Accidents Act, 1846, the plaintiff's solicitor wrote to the defendant's insurers to know whether liability was admitted. In a subsequent interview with the solicitors the representative of the insurers admitted verbally that they had not a good defence, and that negotiations should proceed on that basis, but that a writ would have to be issued in any event, whether agreement as to the amount of damages was reached or not, as the amount would have to be approved and apportioned by the Court. The solicitors for the plaintiff (who was administratrix of the estate of the deceased) subsequently issued a writ before the grant of administration had issued. At a later date they extracted the grant, withdrew the first writ, and issued another, but in the meantime the statutory period had expired. The defendant's insurers raised the defence that the action was statute barred. The English Court of Appeal held that the defendant and his insurers had agreed not to plead S.3 of the Statute as much as if that undertaking had been put into words, and that the attitude of the in surers in instructing their solicitor to plead the section was both misconceived in law and repre hensible. (Lubovsky v. Snelling 60 T.L.R. 52). The words in the somewhat similar provision in the Public Authorities Protection Act, 1893, are that the action " shall not lie or be instituted " unless commenced within six months after specified events. It has been held that negotia tions for a' settlement do not prevent this statute from running. In view of the difference in the phraseology of the two sections, and the fact that it is the duty of public authorities to avail

of this statute, it may be that an implied waiver of the statute would require to be supported by stronger evidence than in the case of the Fatal Accidents Act, 1846. Neutrality (War Damage to Property) Act, 1941. THE DUBLIN City Manager has decided to make ex-gratia payments to owners of property acquired under the above Act in respect of their costs of making title for the Dublin Corporation, not withstanding that the Act contains no express provision for the payment of such costs. In a circular letter to owners of property already acquired, or in course of acquisition, the Law Agent to the Corporation states that costs should be drawn on the basis of Sch. I of the General Order dated 16th April, 1884, made under the Solicitors' Remuneration Act, 1881. Where the Corporation has already paid or agreed to pay costs of negotiation the scale items dealing with negotiations should be excluded from the bill. The City Manager has also decided, as an act of grace, to consider claims for compensation re ceived after the time specified in S. 20 (2) of the Act. Junior Administrative Appointments. THE Civil Service Appointments Commissioners, at the request of the Council, have agreed to accept 60 per cent, in the Solicitors' Final Exam ination as the equivalent of an Honours University Degree as a qualification for the above appoint ments in the Civil Service. OBITUARY. MB. JOSEPH M. COLLINS, Solicitor, died on the 12th December, 1943, at his residence, Menlo, Ballinacurra. Mr. Collins served his apprenticeship with Mr. Patrick G. Collins, Limerick, was admitted in Michaelmas Sittings, 1937, and practised in Limerick. MR. MICHAEL J. MACNAMARA, Solicitor, died on 21st December, 1943, at his residence, Green Park, Ennis. Mr. Macnamara served his apprenticeship to the late Michael Macnamara, Ennis, was admitted in Hilary Sittings, 1900, and practised in Ennis. 45