Previous Page  164 / 266 Next Page
Information
Show Menu
Previous Page 164 / 266 Next Page
Page Background

and (

b

) provided that in case o f doubt as to the title

a local authority might deal with the person regis­

tered under the Registration of Title Acts as

absolute owner. A circular was sent by the Society

to the solicitors who act for local authorities and to

the bar association. Having considered the replies

to the Society’s circular, the Committee, whose report

was adopted, recommended that a letter should be

written to the Minister for Local Government

stating that the Society opposes the Bill and that by

seeking to abolish the investigation o f title it would

open the door to fraud.

Solicitor’s Office used for Clients’ Business.

A

member

who was a director o f a hire purchase

company inquired whether his name might be printed

on the company’s notepaper. He was informed that

there would be no objection provided that he was

not described thereon as a solicitor. He also inquired

whether there would be any objection to the business

of the hire purchase company being conducted from

his office and whether he might act as Secretary to

the company. In the Committee’s report, which

was adopted, it was stated that there was no objection

to members acting as Secretary o f the company and

to the use o f his office as the registered office of

the company, provided that the business office of

o f the company is situated elsewhere.

Press Notice o f Telephone Number.

T

he

Council on the report of the Committee

expressed the opinion that a solicitor whose name

and office number had been accidently omitted from

the Directory by the Department of Posts & Tele­

graphs might publish in the press notice of his name,

address and telephone number on the same condi­

tions and manner as notices of change of telephone

number i.e., one notice in each Irish daily or weekly

newspaper circulating in the locality, not having the

form or appearance of an advertisement.

Circuit and District Court costs under the

New Jurisdiction.

M

embers

asked for the opinion o f the Council as

to the costs chargeable in cases falling within the

extended jurisdiction pending the making o f new

scales of costs. The Council expressed the opinion

that pending the making of new rules, there is no

scale of party and party costs for cases falling within

the extended jurisdiction. Members were advised

by circular that the absence o f tiew scales of District

Court costs would be sufficient reason for continuing

to institute proceedings in the Circuit Court until

new District Court rules are made. The increased

jurisdiction o f the Circuit Court (except in probate

actions) appears to be covered by the existing scales

of costs until altered. It is understood that new

rules have been made by the District Court Rules

Committee and submitted to the Minister for his

concurrence.

iit h

M

a r c h

: T

he

President in the chair. Also

present: Messrs. John R. Halpin, Vice-President,

Arthur Cox, William J. Norman, Ralph J. Walker,

Patrick R. Boyd, Henry St. J. Blake, John Carrigan,

Thomas A. O’Reilly, Louis E . O’Dea, John J.

Sheil, George G. Overend, Derrick M. Martin,

Cornelius J. Daly, Charles J. Downing, John

Maher, Peter E . O’Connell, Francis J. Gearty,

James J. O’Connor, James R. Quirke, Sean

O hUadhaigh, Patrick F. O’Reilly, Niall S.

Gaffney, Joseph P. Tyrrell, Dermot P. Shaw.

The following was among the business transacted :

The meeting passed a vote o f condolence with the

widow o f the late Mr. Gerald O’Donnell, a member

and former Vice-President of the Council.

Department o f External Affairs and Foreign

Estates.

A

C

ommittee

o f the Council reported that repre­

sentatives of the Society discussed with the Depart­

ment o f External Affairs on the form o f the circular

in use whereby potential claimants to estates situate

abroad are notified by the Department o f their

interest. It had come to the Society’s notice that

in some cases, possible claimants had been

approached by the Gardai who had notified them

of their interest and o f the fact that the Department

were willing to act for them. It was submitted

to the Department that the Gardai should not be

used for this purpose, and that the Department, by

allowing the Gardai to make these communications

were entering into competition with the solicitors’

profession. Following the conference, the Depart­

ment submitted a revised draft o f the letter issued

to claimants which the'Committee considered satis­

factory.

The Department stated that the only

practicable means o f ascertaining the names of the

beneficiaries was through the local Gardai, but

that they were not committed to this expedient and

that if the Society could suggest any better alterna­

tive, it could be considered. In the report o f the

Committee, which was adopted, it was stated that

the amended draft letter submitted by the Depart­

ment was satisfactory and should be adopted for

use both by the Irish consuls abroad and by the

Department in Dublin when writing to beneficiaries.

If it is necessary to avail of the services of the Gardai

in contacting beneficiaries, the Gardai should be

instructed merely to take their names and addresses

without making any communication to them and to

forward the information to the Department. The