171 / 338
J. Shell, Eunan McCarron, Peter E. O'Connell,
Robert McD. Taylor, John Maher, Frank Armstrong,
James W. O'Donovan, Terence De Vere White.
The following was among the business transacted :
The
President welcomed Mr.
Francis A.
Armstrong a new member of the Council.
Statutory notice to creditors
On a report from a committee it was decided to
send a case for the opinion of senior counsel on the
question whether the State is bound by the pro
visions of Lord St. Leonard's Act 1859 whereby
claims not notified in time in reply to a statutory
notice to creditors will not thereafter be enforceable
against the personal representatives personally.
Insurance
company administration bond.
Duty of solicitor
An insurance company issued a fidelity bond to the
administrator of the estate of a deceased person on
member's assurance that the administration would
be carried out through member and that he would
see that everything was properly done. The personal
representative requested member to transfer all the
papers and assets to her and she intimated that she
intended to disregard a claim against the estate
which member believed would be legally enforce
able. Member enquired whether he was under a pro
fessional obligation to pay over the money to the
administrator having regard to his knowledge or
whether he should retain it to see that the insurance
company are protected. The proposal for the bond
was signed by the applicant and by member but
there was no written undertaking or assurance that
member would see to the proper application of the
assets by his client. The Council on a report from a
committee stated
(1) The Society cannot advise on any question of
member's legal liability.
(2) If member gave an assurance to the company
that he would see to the due application of the
assets without the knowledge and approval of
the client he is not entitled as a matter of
professional conduct to refuse to hand over
the assets to the client on lawful demand.
(3) If member gave an assurance to the insurance
company with the knowledge and approval of
the client the position may be different.
It was decided to draw the attention of members
to the fact that a solicitor may run a personal risk
if he gives an undertaking or promise to an insurance
company as to the administration of an estate by his
client unless he has received written instructions
from the client to give the undertaking and unless
he is satisfied that he will be in a position to carry
it out.
Mr. M. E. Knight
The Council resolved to send a message to Mr.
Michael E. Knight, Clones, a former President,
congratulating him on his ninetieth birthday and
on his seventieth year of practice as a solicitor.
DISCIPLINARY COMMITTEE
The following members of the Council were
appointed as the Disciplinary Committee for the
year 1959-60 with the approval of the Chief Justice :
John R. Halpin,
Chairman,
John Carrigan, William
J. Comerford, Charles J. Downing, Niall S. Gaffhey,
Patrick Noonan, James J. O'Connor, Dermot P.
Shaw, Ralph J. Walker, Terence De Vere White.
COMMITTEES OF THE COUNCIL
The following committees were appointed for the
year 1959-60 :
Registrar's
George G. Overend,
Chairman,
Desmond J.
Collins, Dinnen B. Gilmore, James R. Green,
Francis J. Lanigan, John Maher, Eunan McCarron,
George A. Nolan, Peter E. O'Connell, Thomas A.
O'Reilly, James R. Quirke, John J. Shell, Robert
McD. Taylor.
Compensation Fund
John Maher,
Chairman,
Desmond J. Collins,
Dinnen B. Gilmore, James R. Green, Francis J.
Lanigan, Eunan McCarron, George A. Nolan, Peter
E. O'Connell, Thomas A. O'Reilly, George
G.
Overend, James R. Quirke, John J. Sheil, Robert
McD. Taylor.
Finance, Library and Publications
Charles J. Downing,
Chairman,
John Carrigan,
Arthur Cox, Dinnen B. Gilmore, James R. Green,
John Kelly, Patrick O'Donnell, T.D., James W.
O'Donovan, Thomas A. O'Reilly, Dermot P.
Shaw, with
the President, Vice-Presidents and
immediate past President ex-officio.
Court of Examiners
Robert McD. Taylor,
Chairman,
Desmond J.
Collins, Derrick M. Martin, James R. Quirke,
Terence de Vere White, with the President, Vice-
Presidents and immediate past President ex officio.
Parliamentary
William J. Comerford,
Chairman,
Arthur Cox,
Dinnen B. Gilmore, Patrick Noonan, Thomas V.
O'Connor, Patrick O'Donnell, T.D., Dermot P.
Shaw, with
the President, Vice-Presidents and
immediate past President ex officio.
Privileges
Derrick M. Martin,
Chairman,
Francis A. Arm
strong, John Carrigan, William J. Comerford,
Charles J. Downing, Niall S. Gaffney, John Kelly,
57