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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.
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