The Gazette 1949-1952

with the promotion of the Solicitors Bill, which is

now before the Government. It would hardly be

an exaggeration to say that in his service to the

profession he touched nothing which he did not

improve or adorn.

His activities in wider spheres were equally

notable. In professional practice his authority was

unquestioned, and his advice was sought and valued

by his professional colleagues as well as by his

clients. He was chairman of several public com

panies as well as o f the Automobile Association,

and was a former chairman of the Royal Irish Auto

mobile Club. He was a keen fisherman and was

interested in racing, football, golf and cricket. He

was a pioneer of motoring in Ireland, and had his

first aeroplane flight when he was 84 years o f age.

O f his interests in life he could have said without

presumption : “ Homo sum ; humani nihil a me

alienum puto.”

He had been so long in the profession and had

become such an accepted institution, that by an

error in the date, his Golden Jubilee on the Council

was not celebrated until 1944. In that year the

profession commissioned Mr. Leo Whelan, R.H.A.,

to paint his portrait, and paid him the tribute of

deciding that it should be retained by the Society

and placed in the Members’ Hall, where it now hangs

in his memory.

This short notice-merely outlines the main events

in the life of the late Mr. Hayes, on the Council and

in the profession. After his death the President

summoned a special meeting of the Council which

is reported in this issue. The President’s address

at the meeting paid tribute to him as a personality,

and expressed in fitting terms the affection and

regard in which he was held by all who knew him.

MEETINGS OF THE COUNCIL

eptember

The President in the Chair.

Also present: Mr. Thomas A. O’Reilly, Vice-

President ; Messrs. John Carrigan, James R. Quirke,

George A. Overend, Daniel O’Connell, William S.

Huggard, John R. Halpin, Reginald J. Nolan, James

J. O’Connor, Patrick R. Boyd, Gerald J. O’Donnell,

John J. Nash, L. E. O’Dea, Henry St. J. Blake,

Joseph P. Tyrrell, Arthur Cox.

The following was among the business trans

acted :—

Vendor o f Property acting in Person

The Council considered correspondence with a

local Bar Association in regard to a rule of the

Association which bound members to refuse to act

lor the purchaser o f property, at a price exceeding a

prescribed amount unless the vendor is also repre

sented by a Solicitor. In the case in question the

purchaser had instructed his solicitor to proceed

with the sale and the solicitor, considering that he

was bound by the rule of the Bar Association to

refuse to act, sought the guidance o f the Council

on the matter. After considering the correspond

ence the Council were o f the opinion that while

prima facie there is no illegality in a rule o f this kind

binding members o f an association between them

selves, its application in practice may give rise to

difficulties. A client instructing his solicitor is not

bound by the rules o f the Bar Association unless they

are specially brought to his notice and incorporated

in the retainer, and the solicitor may therefore

find himself in a conflict between his duty to his

client and his obligations under the Bar Association

rules. The Council were of the opinion that normally

a solicitor acting for a purchaser is not entitled to

refuse to accept an abstract o f title furnished by the

vendor in person.

E.S.B. (Superannuation) Tribunal

The Secretary submitted correspondence with

the Tribunal relating to the refusal by the Tribunal

to hear parties by counsel or solicitor relying on

provisions o f Section 10 o f the E .S.B . (Super

annuation) Act, 1942. The matter was adjourned

to await a reply from the Tribunal.

Apprentice Acting as Commissioner for

Oaths

On an inquiry from an apprentice the Council

decided that there is no objection to the appoint

ment o f a solicitor’s apprentice to act as a com

missioner for oaths during the period o f his inden

tures.

Police Reports

Members wrote to the Society inquiring whether

the Council have any views on the practice o f the

Garda authorities o f requiring payment for copies

of statements o f witnesses mentioned in police

reports. The Council were o f the opinion that it is

to the advantage o f the profession and their clients

to agree to a reasonable payment for copies o f state

ments o f witnesses taken by the police authorities.

The report of the meeting of the Council held

on October 26th is held over until the next issue

of the Gazette.