8 / 328
claim against the other party but that she probably
had a right of action against her deceased husband's
personal representatives who would be entitled to
indemnity under the policy of insurance. The widow
then abandoned her claim against the other party
and on her instructions member wrote to the
insurance company claiming damages on her behalf.
When the correspondence had reached a certain stage
the company wrote to member objecting to bis
continuing to act in the matter on the ground that
he had been furnished with confidential information.
Member stated that he could have obtained the
information elsewhere. He enquired whether under
the circumstances he should act or whether he should
resign his retainer. The Council on a report from
a committee stated that in their opinion member
should not act in the present proceedings without
the consent of the insurance company.
Courts (Establishment and Constitution) Bill
1959
Courts (Supplemental Provisions) Bill 1959
The Council considered a report from the Parlia–
mentary Committee in which it was stated
inter alia
that an amendment had been put down for the
Committee Stage of
the Courts
(Supplemental
Provisions) Bill 1959 providing that solicitors of
ten years practice should be eligible for appointment
as Circuit judges. It was pointed out in the report
that a solicitor has a right of audience in the Circuit
Court and that it is inconsistent and contrary to the
interests of the profession that solicitors should not
be eligible for appointment to the Bench.
It was
decided to issue a circular to all Bar Associations
asking them to obtain support for the amendment.
It was also pointed out in the report that, with a
few exceptions, no legal qualifications appear to be
necessary for appointment to the office of Registrar
and other senior offices in the High Court estab–
lishment. It was directed that representations should
be made to the Department of Justice that the
qualification of barrister or solicitor should be
necessary for such appointments, without prejudice
to the position of present office holders.
Proceedings against unqualified person
The Council directed, subject to counsel's advice,
that proceedings should be instituted against a
chartered accountant for an alleged contravention
of section 58 of the Solicitors Act 1954 by drawing
or preparing the memorandum and articles of
association of a limited company.
AUCTIONEERS AND HOUSE AGENTS
ACT 1947
A case has been brought to the notice of the
Society in which a member on behalf of a client
who suffered
loss
through
the default of an
auctioneer,
instituted proceedings
against
the
insurance company, named in the bond, on foot of a
judgment in the High Court against the auctioneer,
to obtain payment of the amount of the judgment
against the insurance company. The plaintiff was
met with the defence that the auctioneer did not
hold a licence at the time when he received the
money due to the plaintiff, and that as he was not a
licensed auctioneer at the material time the insurance
company was not obliged to meet the claim under
the terms of the bond. Member has been advised
by counsel that the defence put forward by the
insurance company may succeed. The information
is published as being of interest to members who may
be instructed by clients to proceed for recovery
of claims against insurance companies.
It would
be advisable in such cases before instituting pro–
ceedings to ascertain that an auctioneer's licence
was in force on the material date.
MAYO SOLICITORS* BAR ASSOCIATION
The Annual General Meeting of the Association
was held in the Bar Room, Castlebar, on the z8th
April last. Election of officers for
i^6i-'6z
resulted
as follows :
President,
William Dillon-Leetch ;
Vice-
President,
John MacHale ;
Hon. Treasurer,
Miss Bea
M. Hynes;
Hon. Secretary,
John F. Garavan;
Council,
Edward Fitzgerald
(Ex-Officid),
Edward A.
Corr, Thomas V. O'Connor, Patrick J. McEllin
and Oliver P. Morahan.
To welcome Mr. District Justice Hugh C.
McGahan to the District the members had a dinner
at Healy's Anglers' Hotel, Pontoon, on May ijth
and in addition to the chief guest, the President of
the Incorporated Law Society, Mr. Ralph J. Walker,
and the Secretary, Mr. Eric A. Plunkett, attended.
Other guests were: District Justice Kennedy and
District Justice Loftus, along with the President of
the Sligo Bar Association, Mr. Francis Armstrong,
Mr. M. DeL. Staunton, President of the Roscommon
Bar Association and Mr. T. J. C. O'Keeffe, Secretary,
Roscommon Bar Association. Mr. Bernard Daly,
County Registrar for County Mayo, was also a
guest.
COUNTY ROSCOMMON BAR
ASSOCIATION
President,
M. De L. Staunton;
Chairman,
John
Kelly ;
Vice-Chairman,
James T. Claffey ;
Hon.
Treasurer,
J. J. Sheerin;
Hon. Secretary,
T. J. C.
O'Keeffe.
Committee:
M. D. Carlos, A. McCormack,
G. Horan, J. F. Neilan.