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in criminal matters. The report was adopted and it
was decided that information should be sought from
the other Law Societies and also that the Society
should seek an appointment with the Minister or
Parliamentary Secretary of the Department of
Justice in order to discuss the matter.
Resignation from the Council
The President announced that he had received
from Mr. Cox his resignation from the Council.
Mr. Cox at the same time had offered to donate to
the Society the chair of John Mitchell attorney and
author of the
Jail Journal
and a bust of Chief Justice
Malone by Nollekens. The Council accepted with
regret the resignation of Mr. Cox and with gratitude
his donations to the Society. The following resolu
tion was proposed by the President and passed
unanimously :
The Council of The Incorporated Law Society
of Ireland having learned of the wish of their
colleague, Arthur Cox, to resign from the Council
upon his retirement from the profession wish to
place on record their appreciation and gratitude
for his outstanding services to the Council, the
Society and the profession.
As an ordinary
member of the Council, later as President in the
Society's Charter Centenary Year and finally as
Father of the Council his advice has been invaluable
to his colleagues and in accepting his resignation,
which they do with deep regret, they would like
to convey to him their very sincere good wishes
in his new calling.
CO-OPTION
OF
NEW
COUNCIL
MEMBER
On the proposal of the President seconded by
Mr. O'Reilly, it was unanimously resolved that
Mr. Daniel J. O'Connor be co-opted from the
general body of the Society as an ordinary member
of the Council to fill the vacancy caused by the
resignation of Mr. Cox until the next election of
members of the Council.
Week-end meeting 1961
The Secretary stated that he had been in com
munication with the Donegal Solicitors' Association
and that the association are agreeable to have the
Society's week-end meeting for 1963 in Bundoran.
Liability for costs of having P.D. stamp
impressed
The Council on a report from a committee stated
as their opinion that in a case of acquisition of
property for road widening purposes by a local
authority, where the agreement for sale provided that
the vendor's costs were payable by
the
local
authority,
the costs of having
the Particulars
Delivered stamp impressed were part of the vendor's
costs and were consequently the liability of the local
authority. Member who acted for the local authority
had submitted that as the lands were not compul-
sorily acquired under the the Land Clauses Acts his
clients were not liable for these costs.
Medical Witnesses' Fees
A committee reported to the Council on the
following facts : Member acted for a minor plaintiff
through her father and next friend in a personal
injuries action. Damages were assessed at £4,450.
The costs were not taxed but were agreed on the
basis of one day in Dublin and one day's hearing
which finished in time for the evening train to Cork.
Member received a bill for £62 ys. 8d. from a medical
witness upon whorn a subpoena had been served.
The principal items on the bill were a fee of seven
guineas per day for three days for attending Court,
travelling expenses £6 95.
$d.,
subsistence expenses
£7 175. 3d., qualification fee ten guineas, fee paid
to locum tenens three guineas per day for three
days.
The bill gave credit for a sum of fifteen
guineas which was received with the subpoena. The
doctor stated in a letter to the Society that member
had promised verbally to pay the fees due to the
locum tenens. Member stated that whereas he did
not dispute the amount of the bill he had no recollec
tion of having made any verbal promise to pay the
fees due to the locum tenens and furthermore, he was
in difficulties owing to the fact that the plaintiff was
a minor.
The Council adopted a report from the committee
which stated that in the committee's opinion member
was not personally liable for the medical witness's
fees unless a personal undertaking, either expressed
or implied, had been given. Anything over and
above the fee allowed on taxation as between party
and party for attending Court (now increased to
eight guineas) is a matter between patient and
doctor.
Election for the Seanad
At an adjourned meeting of the Council held on
October nth, it was resolved unanimously that
Mr. John J. Nash be nominated as the Society's
representative on the Cultural and Educational
Panel at the forthcoming election under the Seanad
Electoral (Panel Members) Act, 1947 and 1954.
Examination results
The report of the Court of Examiners on the
results of the second and third law examinations was
adopted and the results declared. The Council also
awarded the Overend and Findlater Scholarships.
44