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PART V
STAMP DUTIES
A summary of the changes with precedents of
transaction certificates is enclosed as an inset.
PRACTICE NOTE
Affidavits of Discovery injf Land Registry
The Society has been in communication with the
Land Registry on the subject of the proper person
to make an affidavit of discovery for Land Registry
purposes. Members of the Society had questioned
the practice of the Registry in refusing to accept
an affidavit of discovery made by the director of
limited company while accepting an affidavit made
by the secretary of the Company. The Society is
informed by the Registry that the law agent of a
company has the means of knowledge to make an
affidavit of discovery. It is also accepted that the
secretary of the company has the necessary means
of knowledge since he is the company's adminis
trative officer. It is not accepted that a director
has by, virtue of his office, necessarily the requisite
knowledge of the facts to make the averments in
an affidavit of discovery. However an affidavit of
discovery made by the director of the company
has always been accepted in the Registry when it
is averred in the affidavit that the director has the
necessary means of knowledge.
MATRICULATION EXAMINATION
A number of
students at University College
appear to have been misled by a reference in the
N.U.I, matriculation regulations into thinking that
mathematics is not an essential subject at matric
ulation for students intending to apply for regis
tration of indentures of apprenticeship with the
Society. This of course
is
incorrect. English,
Mathematics and Latin are essential subjects at
the Society's preliminary examination and for
Matriculation purposes where exemption is sought
from the Society's preliminary examination on the
basis of the open public Matriculation. Members of
the Society intending to take apprentices should
draw the attention of the students to this fact.
CORRESPONDENCE
From the General Council of the Bar of Ireland,
Law Library, Four Courts, Dublin 7.
Dear Mr. Plunkett,
As a result of resolutions passed at meetings of
the Bar Council on 16th May and 6th June, and at
a General Meeting of the Bar on 16th June, the
following are now Rules of the Bar which you
may wish to communicate to the members of your
Society: —
1. It is a general rule of conduct and etiquette of
the Bar that Senior Counsel ought not to appear
in any Court of Law without a Junior (save
where the existing practice otherwise permits)
but this rule should not in general apply to
proceedings other than proceedings in Courts
of Law.
2. It is not necessary for Junior Counsel to be
briefed with Senior to appear.
i) at Arbitrations;
ii) at Planning Appeals and the like;
iii) before the Land Commission;
iv) before the Comptroller of Industrial Prop
erty; unless Junior Counsel has settled docu
ments for the hearing. Where such documents
have to be settled, they should be settled by
Junior;
v) before the Revenue Appeal Commissioners;
vi) before the Redundancy Payments Appeals
Tribunal.
3. In all cases where Senior Counsel appears with
out a Junior it is improper for him to accept a
fee less than 50 per cent higher than the fee
normally charged by a Junior for that particular
work.
4. Where Counsel accepts a brief he has an
obligation to attend the trial or hearing. Where
more than one Counsel is briefed each must
attend the trial or hearing unless prevented by
unavoidable and unforseen conflict of commit
ments. If any Counsel finds, subsequent
to
accepting a brief, that he is unable to attend,
he must return the brief to his solicitor as soon
as possible.
The foregoing Rules shall prevail in any case in
which they conflict with any previous Rule of the
Bar Council.
Yours Sincerely,
G. D. COYLE
Secretary.
MEDICO-LEGAL SOCIETY OF IRELAND
OFFICERS 1969-70
The following Officers were elected for the Session
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