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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,