The Gazette 1949-1952

£75 fixed as security by the Master was adequate.

It appears from the judgment that before the

Judicature Act, the Court o f Chancery followed

an arbitrary practice o f fixing £ 12 0 in every case

where security for costs was ordered. This sum

was clearly intended to be a real security to the

defendant for the costs which he would properly

incur in a successful defence of the action, having

regard to the value o f money and other relevant

circumstances at that time. On the hearing of the

appeal in the present case the defendant filed an

affidavit in which it was suggested that the Master

o f the High Court had adopted the practice o f fixing

the amount o f security for costs at a figure within

the limits of £50 and £ 150 . It was contended that

these limits were inappropriate to the fixing o f a

real security in the present case. Mr. Justice Dixon,

in giving judgment said that in his opinion the

amount to be paid by way o f security should be

sufficient as to constitute what it purports to be—

a security for the costs o f the defendant if successful—

and not merely an earnest o f good faith, or even

security for part of these costs. However, against

this view it might be said that a defendant is not

entitled under an Order for security for costs to

be indemnified against his full costs. While agreeing

with this view in the sense that the practice is not

■■to give him an unlimited indemnity, his Lordship

said he could find no support for the view that the

amount to be fixed should be less than a fair and

reasonable computation for the costs to which he

would reasonably be put in defending the action.

His Lordship accordingly discharged the Order of

the Master and referred the matter back to him to

determine the security on the evidence now sub

mitted, including certain evidence which was not

before the Master on the original hearing.

EMPLOYMENT BY SOLICITORS

OF AUCTIONEERS

Council have had under consideration the

question whether it is in accordance with professional

practice and etiquette for a solicitor to employ as

a clerk a person holding an auctioneer’s licence.

It has been stated that there are a few cases in which

clerks have taken out such licences. The Council

disapprove o f this practice as it may lead

attraction of business by unfair means to the office

of the solicitor who employs a licensed auctioneer

as his clerk. The Council wish to bring this matter

to the notice of the profession through the Gazette,

so as to leave no doubt as to the proper professional

practice in the matter.

TAISCE—THE

NATIONAL

TRUST FOR IRELAND

attention o f Solicitors is drawn to An Taisce—

the National Trust.

aisce

was incorporated

in June, 1948. Its aims are similar to those o f

kindred organisations—to conserve for the Nation

stretches o f natural scenery of mountains and

valley, field and riverside and forest, and to preserve

for future generations monuments of the past

and buildings of distinction.

It hopes to do for

Ireland work similar to that accomplished in the

United Kingdom by the National Trust.

Membership is o f four kinds :

(a)

Ordinary subscribing members who subscribe

at least 10 /- annually.

(

) Life members (one payment of £20).

(/)

Donor members who have made presentations

o f property, etc.

(d)

Local corresponding members, who shall

without pecuniary contribution undertake to

further tbe objects o f the Trust in any parish

or place.

During the coming year a network o f local

corresponding members will be established over

the whole country. It is hoped that, in this way,

the Council of the Trust will receive early intimation

o f new projects in any area in relation to which

action should be taken, and representations can be

made to Government Departments or Public

Authorities under whose aegis the spoliations o f

the countryside, or the destruction o f historic or

beautiful structures, has been proposed. By thus

endeavouring to exercise direct persuasion on public

bodies it may achieve some o f its objectives

indirectly, before it has progressed so far as to

acquire the ownership of buildings or places. It

will also be an important function o f A

aisce

to co-operate with advisory bodies set up under the

National Monuments Act, 1930, which gave extended

powers to the Commissioners o f Public Works.

This Act established a National Monuments Advi

sory Council in regard to local Archaeological or

historic structures.

aisce

hopes that it may receive help in

achieving its objects from the Members of the

Incorporated Law Society. Solicitors could help

its work in many ways. Opportunities may arise

in the making o f wills ; in the winding up o f estates ;

in advising as to housing schemes ; in sales to the

Irish Land Commission, etc.

Support from the Members of the Incorporated

Law Society would not only aid A

aisce

finan

cially, but generally strengthen its influence.

Communications should be addressed to the

Secretary at 16 Dawson Street, Dublin.