74 / 244
The Committee recommended that the Society
should write to the Minister for Lands pointing out
the effect o f Section 15 (1) o f the Act in the cases
mentioned, and that it should be repealed on the
ground that it impedes the housing programme.
The report was adopted.
Search Fees
A
m e m b e r
sought the opinion o f the Council in the
following matter:—In 1945 he purchased the
practice o f a solicitor now deceased. On taking
over the practice he found a large accumulation of
original and other documents. There was neither a
deed book nor schedule o f documents. The solicitor
has been asked to hand over documents to various
clients, and has asked for a search fee o f 3 guineas.
The solicitor submitted that in view o f the onorous
nature o f the work, Opinion 90 does not apply, and
that he is entitled to charge a search fee in any case
where the documents or information required are
not readily accessible. In the opinion o f the Council,
Opinion 90 applies to the facts o f this case. The
solicitor is in no different position than the solicitor
from whom he purchased the practice, and he
is under the same obligation to the vendor’ s clients.
Valuable documents should be handed over on
request without payment o f any search fee.
Section 55 o f the Workmens’ Compensation
Act, 1945
T
he
Council considered a letter from a member
referring to Section 55 o f the Workmens’ Compens
ation Act, 1934, which empowers the County
Registrar to refer agreements to the Court if he is not
satisfied- that the amount is adequate. He suggested
that this power should be restricted to commutation
agreements made under Section 50, and that the
County Registrar should not have power to refer
agreements under Section 51 to the Court where the
workman is professionally represented. He said
that the questioning o f the amount which a solicitor
has advised his client to accept is a reflection on the
workman’s solicitor, and that the profession should
endeavour to have the Act amended.
The Council considered that as the procedure in
regard to the registration o f Workmens Compens
ation agreements is set out in Section 55 o f the
Workmens Compensation Act, 1934. it is unlikely
that the Government would agree to amend the
section on representations from the Society.
Costs under the Small Dwellings (Acquis
ition) Act, 1899
T
he
Secretary read three resolutions submitted by
the association o f solicitors to local authorities.
The matter was referred to a Committee for con
sideration and report.
Messengers’ Joint Labour Committee
T
he
Secretary reported that he had received a copy
o f the draft establishment order o f the Messengers’
Joint Labour Committee which would apply to
messengers in the employment o f solicitors, already
covered by the Law Clerks’ Joint Labour Com
mittee, and that the draft order would be considered
on April 28th. Ordered that the Secretary should
attend the Labour Court on behalf o f the Society
and object to the inclusion o f any employees of
solicitors in the new Establishment Order.
Erne Hydro-Electric Scheme
T
he
Secretary reported that he had been informed
by the Attorneyr-General, Mr. Lavery, S.C., that the
Government and the Government o f Northern
Ireland proposed to introduce legislation in regard
to the Scheme which will contain a section enabling
Northern Ireland solicitors to appear before arbi
trators in Dublin, and solicitors o f the Courts of
Justice to appear before arbitrators in Belfast, and
that the Attorney-General wished to know whether
the Council had any objection to the proposed legis
lation in so far as it would enable a Northern Ireland
solicitor, not duly qualified, to practice in the
Twenty-Six Counties. It was resolved that the
Secretary should inform the Attorney-General that
the Council have no objection to the legislation on a
mutual basis on the understanding that the rights of
solicitors admitted through diis Society to practice
in Northern Ireland, are co-extensive with the rights
o f Northern Ireland solicitors to practice in the
Twenty-Six Counties for the limited purpose o f the
Act.
Application under Section 47
A
n
application under Section 47 was considered
and granted on payment o f the current licence duty.
SPECIAL COUNCIL MEETING
9TH M
ay
, 1950. The President in the Chair. Also
present: Messrs. Thomas A . O ’Reilly, Vice-
President ; Joseph Barrett, James J . O’Connor,
G. A. Overend, Daniel O’Connell, James R. Quirke,
Desmond J . Mayne, John P. Carringan, Arthur Cox.
Examination Results
T
he
Council considered and adopted a report from
the Court o f Examiners on the results o f the Final
Examination held in April. The examination
results are printed below.
2