The Gazette 1946-49

Open

to trustees;

(2) such amendments of the

law relating to trustees generally, as may be con–

sidered of immediate importance.

The Council

appointed a

special Committee

to consider

the

matter and to report back to the Council.

Solicitors' Bill

THE President reported that a deputation from the

Council attended at the Department of Justice in

July last and were received by the Minister. The

matter discussed at

the

interview was

letter

received from the Department of Justice which

stated that the Government had decided to intro–

duce the Bill as a Government measure at the

earliest convenient date subject to further discussions

between the Minister for Justice and the Council

inter alia

upon a proposal that the Bill should contain

provision for the setting up of a fund to guarantee

or compensate clients against losses incurred through

defalcations by solicitors.

It was suggested that

the Bill should contain provisions under which the

Society should take out a policy of insurance which

would cover

losses

suffered as

the

result of

defalcations by any practising

solicitor.

The

President stated that the deputation had expressed

the Minister

the strongly-held view of the

Council that any such provision in the Bill is unneces–

sary having regard to the very adequate safeguards

already inserted therein obliging solicitors to keep

separate banking accounts for clients' money and

money held by solicitors as trustees.

It was urged

upon the Minister that the Bill in its present form

should be introduced and that if experience shows

that the safeguards already proposed to be adopted

are insufficient the matter of a guarantee or com–

pensation

fund

could

reconsidered.

The

deputation had also pointed out to the Minister

the large amount exacted from solicitors in annual

licence duty and suggested that if any fund were

to be set up it would be only fair that the Govern–

ment should appropriate the whole or some part

of the annual licence duty towards financing it.

The Minister in reply had stated that the matter

had been considered by the Government and that

the letter already written to the Society expressed

the Government's considered view. He undertook

however,

to bring the matter again before the

Government for their further consideration.

Appointment of Solicitor Dun Laoghaire

Borough Council

THE Secretary reported that an advertisement had

appeared

the morning newspapers

inviting

applications for the position of solicitor to the Dun

Laoghaire Borough Council. The position is to be

part-time and non-pensionable, with a salary of

£600 per annum ;

the

solicitor

appointed

maintain an office in the Borough of Dun Laoghaire

at a place to be approved by the local authority,

and to provide for all office expenditure, typing

etc., as well as travelling and subsistence expenses

at the local courts.

The Secretary reported that

following the publication of the advertisement he

had written a letter to the Secretary of the Depart–

ment of Local Government referring to the inter–

view in July last between the Assistant Secretary

and a deputation from the Council, when it was

understood that the Department agreed in principle

that in cases where solicitors were employed by

local

authorities

the conditions

that

they

should themselves provide staffs and office accom–

modation for the purpose of the work, they should

be remunerated on the basis of taxed costs and

not by way of salary. He had pointed out that the

proposed terms of appointment of law agent to

the Dun Laoghaire Borough Council was apparently

at variance with the unofficial assurance given to the

Council on that occasion. The Secretary reported

that he had not received a reply to that letter.

It was ordered that the Council approved of the

letter written by the Secretary to the Department

and that a further letter should be written stating

that

it represented

the considered view of the

Council and asking for a reply.

Application under Section 16

THE Council considered a report from the Court of

Examiners on an application under Section 16 by a

Law Clerk asking for permission to be bound as an

apprentice for a period of three years. The Council

being of opinion that the applicant did not come

within the terms of Section 16 refused the applica–

tion.

Uncompleted

transaction Query

Costs

THE Council considered a report from a Committee

on a statement of facts submitted between a County

Manager and a member of the Society, who acted

as solicitor for a

local authority, the facts being

as follows : An Urban District Council built twenty-

four houses and let them to occupying tenants at

an average rent of I5/- weekly, plus rates.

In 1938

at the request of the tenants and with the sanction

of the Local Government Department a scheme was

arranged to enable the tenants to purchase their

houses. Each tenant was to be granted a lease for

999 years at I3/- per week, plus rates until 1972

and thereafter at £2 per annum.

It was part of the scheme that each tenant should

pay all the costs of his lease which were fixed at an

agreed sum of

£16

in each case. The solicitor for