10 / 300
the passing of certain specified sums of money. Of
course there would have to be a full perusal and in-
vestigation of title and of other work contemplated
by the schedule. The schedule mentions that the trans-
action must be "completed". It is clear from the
authority of
re/Baker,
1912 2, Chancery 405 that an
equitable deposit is completed merely by the handing
over of title documents.
(4) In cases where the equitable deposit is in return
for an advance of sums uncertain in the future, it is
quite clear that schedule 2 charges must be the basis
of the bill of costs. The authority for this is
Barton's
case (1899), Irish Reports, page 515. The basic reason-
l n
g here seems to be that it would be unfair to the solici-
tor to curtail his charges to amounts actually passing
either at the time of the transaction or immediately
following thereto. Likewise itwould be unfair to the
Parties for the solicitor to charge on the maximum
figure allowed should it transpire that no money subse-
quently passes hands. In short the entire transaction
would be too uncertain for anything other than Sche-
dule 2 charges to operate.
District Justices acting in criminal and civil side of
motor accident cases
Members wrote to the Society stating that with the
advent of the new jurisdiction in the District Court on
fhe civil side there arises a problem which is becoming
increasingly common. Certain District Justices who
nave already heard cases on the Criminal side such as
Prosecutions for dangerous driving are later presented
with the civil claim and are expected to adjudicate
thereon. Members felt that it was not correct for a
District Justice to hear a civil claim having disposed
the Criminal hearing. The Council felt that the
practice of District Justices to hear both criminal
Prosecutions and civil claims arising out of the same
circumstances was undesirable.
Society's conditions of sale
In view of the Auctioneers' and House Agents Act
1973 which provides that auctioneers' fees cannot be
passed on to the purchaser, the Society's conditions of
sale were considered by the Council and it was decided
that the same should be altered only by the deletion of
reference to auction fees.
Society's requisitions on title
The Council decided to publish a letter received from
Patrick Noonan, Solicitor, Athboy, concerning the
^ociety's requisitions on title and to invite comment
Irom practitioners concerning the Society's standard
re
quisitions. (See page 41.)
Delay
in the Valuation Office
. Members wrote complaining of delay in the Valua-
tion Office. The Council decided that member's letter
should be published in the correspondence section of
he Gazette and the comments of practitioners sought,
l^ee page 42.)
Consideration of the Twelfth Interim Report of the
Committee on Court Practice and Procedure
Short details of this report was published in the
iNoyember issue of the Society's Gazette page 225. The
ociety has asked Bar Associations for their comments,
his matter is to be considered by the Council a ttheir
ebruary meeting and Secretaries of Bar Associations or
an
V other practitioners who wish to make a submission
the Society concerning this report should write
^me d i a t e ly to the Director General of the Society.
The President and Vice-Presidents
Mr. Peter D. M. Prentice,
Senior Partner of the firm
of Messrs. Matheson, Ormsby and Prentice, 20 Upper
Merrion Street, Dublin 2, was elected President on
13 December 1973 and will hold office until December
1974.
Mr. William Anthony Osborne
of the firm of Messrs.
Brown & McCann, Naas, Co. Kildare, was elected
Senior Vice-President for the same period.
Mr. Bruce St. John Blake, B.A., LL.B.,
who practises
at 93 Lower Baggot Street, Dublin 2, was elected
Junior Vice-President for the same period.