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Vol.
No. 2
JUNE,
1959
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
President
JOHN R. HALPIN,
Vice-Presidents
JOHN J. NASH
CORNELIUS J. DALT
Secretary
ERIC A. PLUNKETT
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL
JUNE nth.—The President in the Chair. Also present
Messrs. O'Reilly, Walker, Nolan, Kelly, Maher,
Gilmore, McCarron, Tyrrell, O'Connell, George A.
Nolan, Cox, O'Connor, Green, White, Dillon-
Leetch, Noonan, Lanigan, Collins, O'Donnell,
Shaw, Gaffney, Carrigan, Nash, Overend and
Quirke.
The following was among the business transacted.
Service of processes
The Council considered a report from a committee
on difficulties experienced by country practitioners
caused by the absence of proper facilities for service
of processes. The committee stated that this was
due to the fact that the salaries and remuneration
offered are insufficient to attract suitable persons.
It was decided to make representations to
the
Department of Justice that
(a)
provision should be
made for amalgamation of areas and for payment
of a double salary where one civil bill officer is
appointed for two adjoining areas,
(b)
If it is im
possible to secure the services of suitable persons,
rules should be made to enable documents to be
served by registered post without special order of
the court in all civil cases except a summons for
committal under the Enforcement of Court Orders
Act.
Counsel's fees
in proceedings under
the
Landlord and Tenant Acts
In a report from a committee it was pointed out
that
the principle which
is generally followed
throughout the Circuit Court Rules, appears to be
that the solicitor's costs and counsel's fees of a
successful plaintiff or applicant should be computed
in accordance with the amount recovered, not the
amount claimed, while the costs and counsel's fees of
a successful defendant or respondent should be cal
culated on the basis of the amount claimed. This is
borne out by the third schedule to the Circuit Court
Rules 1954 part I (costs in actions in contract and
tort) part XI, section
(a),
(Landlord and Tenant
Acts) and part XIV items (i) (ii) (iii) (counsel's fees
in actions in contracts and tort). There appears to
have been a drafting error in dealing with counsel's
fees in applications for compensation under the
Landlord and Tenant Acts where the fees are related