775 / 822
1. What was his professional position regarding
the fee of fifty guineas claimed by Counsel.
2. Whether he would be able to recover from his
clients, the fee of 50 guineas claimed by counsel
notwithstanding the decision of the County Manager.
The opinion of the Council was as follows :—
(1) Mr. A. was personally liable to pay counsel
such fees as were reasonable and proper in the
circumstances.
(2) A reasonable and proper fee in this case,
having regard to the scale of fees published
by the Bar Council on the 2 8th March, 1947,
and to the exceptional difficulty and urgency
of the case would be a special fee of 30 guineas.
(3) If Mr. A. paid to counsel the fee of 50 guineas,
claimed by the latter, the greatest amount
which Mr. A. would be able to recover from
the County Manager was
the sum of 30
guineas, agreed to by the latter.
Appearance of unqualified persons at Local
Government Inquiries
The Council considered correspondence from a
member of the Society with reference to the appear
ance of unqualified persons on behalf of the A.A.
and R.I.A.C. who examined and cross-examined
witnesses at a Local Government Inquiry. A
protest had been made on behalf of the profession
which had been noted by the Inspector conducting
the Inquiry.
It was ordered that the Secretary
should write a letter to the Department of Local
Government, stating that the Society supported
the protest made on behalf of the profession
at the Inquiry, and that the right to appear as
advocates at such Inquiries should be reserved to
counsel and solicitors, but that no objection could
be taken to the appearance of unqualified persons
at such Inquiries in the capacity of witnesses to give
evidence on oath.
It was directed that similar
letters be written to the A.A. and R.I.A.C.
Applications under Sections 16 and 18
ON a report from the Court of Examiners the
Council considered one application under Section
1
6,
by a law clerk for leave to be bound as an
apprentice for a term of three years only, and four
applications under Section 18, to the Chief Justice
for exemption from the Preliminary Examination.
It was decided that the application under Section 16
should be granted, and that in three of the appli
cations under Section 18
the Chief Justice be
informed that the Society would not oppose the
application, and that in
the remaining case the
application should be opposed.
PROFESSIONAL ITEMS
Circuit Court Costs
THE attention of members is drawn to the fact that
by the Circuit Court Rules 1948 (S. i, No. 261 of
1948), new scales of costs have been prescribed for
all classes of proceedings in the Circuit Court with
the exception of Workmens Compensation and
proceedings under the Landlord and Tenant Acts.
New scales of counsel's fees have also been pre
scribed. The Rules may be purchased from the
Government Publications Office, 3/4 College Street,
Dublin, Price gd.
Stamp Duty on leases in consideration of a
fine and a rent
IT may be of interest to members to note that a test
case is being brought to the High Court to ascertain
whether the new scale of stamp duties, contained
in the Finance (No. 2) Act applies to a lease in con
sideration of a fine and a rent.
It is not likely that
the case will be decided before January next.
In
the event of a decision being in favour of the tax
payer, parties who have paid the higher rate of duty
before the date of the decision will not be entitled
to recover the extra stamp duty, as the payments
will have been made under a mistake of law.
Solicitors for lessees may, however, be able to safe
guard their clients by paying the duty under protest,
and by lodging appeals against the amount of duty
in order to keep the position open pending the
result of the case stated.
Adjudication Office
THE attention of solicitors is drawn to the change
made in
the Adjudication Office
in connection
with the issuing of queries.
In future the copy
or abstract presented with the original instrument
will be sent to the solicitor with the queries endorsed
in red ink, and solicitors should make certain that
the copy or abstract is returned with the replies.
It is felt that if the queries are answered promptly
and fully and the copy or abstract is returned with
the replies, a great deal of the present delay in
getting duty assessed will be avoided.
Estate Duty Office
THE attention of members is drawn to the fact
that the Estate Duty Office has been moved from
Dublin Castle to 21 St. Stephen's Green, N.
Authentication of Documents
THE fee for the authentication of any document
by the Department of External Affairs has been
increased from 25. 6d. to 55,