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facts submitted the application was a liquidated
demand, and that accordingly the application for the
costs of the letter should not be made.
Police reports
T
he
Council considered correspondence between the
Society and the Attorney General’s Department on
the subject o f the refusal by the Garda authorities to
furnish abstracts of the statements of witnesses
whose names appear on police reports in cases where
criminal proceedings are pending. A note on the
subject is printed below.
Leases and mortgages—Covenants to insure
against fire
T
he
Council considered a report from a committee
on the position which arises from the practice of
lessors of requiring lessees to insure against fire
with a named company, and the similar practice of
mortgagees advancing money on the security o f the
property, of requiring the mortgager to insure with
a company nominated in the mortgage deed. It was
pointed out that in many cases lessees borrow money
for the purpose o f purchasing residential property,
and where different insurance companies are named in
the lease and in the mortgage the lessee may find
himself in the position of having to insure twice
over. The committee reported that it frequently
happens that neither the mortgagee nor the lessor will
agree to any alteration in the covenant. The Com
mittee reported that the attention o f the Minister for
Justice should be drawn to the position, and that he
should be asked to consider whether it would be
advisable to deal with the matter by legislation on
the lines o f Section 56 o f the Landlord & Tenant
Act, 1931. The report of the Committee was adopted
Library acquisitions
O
n
a report from the Library Committee it was
decided to purchase a number o f legal text books
costing approximately £85.
Solicitors’ Indemnity insurance
T
he
following resolution was proposed, seconded
and adopted :—
“ That the Council should consider the
advisability of setting up a defence union for
the purpose of insuring solicitors against claims
for negligence on the lines of the scheme
operated by the Medical Defence Union.”
The matter was referred to a committee for
consideration and report.
Applications under Section 16 and 18
An application by a law clerk for liberty to be bound
for three years only pursuant to Section 16, con
sidered and granted.
An application from an intending apprentice to
the Chief Justice for exemption from the Preliminary
Examination was considered. It was decided not
to oppose the application.
POLICE REPORTS
I
n
the Society’s Gazette for March 1948, the follow
ing notice was published :—
“ Following representations made by the
Council, the Commissioner o f Police has agreed
to permit the names and addresses of witnesses
to traffic accidents in which criminal proceedings
are pending, to be supplied to members o f the
legal profession. Heretofore, this information
has been withheld until the termination of the
criminal proceedings.”
In the Society’s Gazette for April, 1949, following
a communication received from the Department o f
Justice, the following statement was published
“ Notification has been received from the
Department o f Justice that the procedure in
the case of road accidents, whereby an abstract
from the report of the Garda Siochana on the
accident may be supplied to interested parties,
has recently been revised. In future, interested
parties will, on request, be supplied with copies
of written statements made by witnesses,
including members of the Garda. These docu
ments may be made available even where
criminal proceedings are pending, provided
that the Gardai are satisfied that this will not
affect the course o f justice.”
The Council has recently been informed by the
Attorney General’ s Department that the facilities
mentioned in the notice o f April, 1949, are being
withdrawn, and that abstracts o f witnesses state
ments will not be furnished in any case where
criminal proceedings are pending. The letter makes
no reference to the notice from the Commissioner,
Garda Siochana, dated March, 1948, and the
Council understand that the position whereby a
solicitor acting for a party to civil proceedings w<i'”
be supplied with a copy of the police report, contaip-
ing the name and address o f witnesses, will not be
affected. The Council request members to notify the
Society of any case in which the last mentioned
facilities are not provided.
^
EXAMINATIONS, JUNE, 1950 '
T
he
Intermediate Examination
will
be held on
June 1 st and 2nd, 1950. The latest date for receiving
notice of attention to attend the examination will be
May n th .
62