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Court Offices and Costs Committee
James J. O'Connor,
Chairman,
Francis Armstrong,
Augustus Cullen, Charles J. Daly, Niall S. Gaffney,
John Kelly, Brendan A. McGrath, George A.
Nolan, Thomas V. O'Connor, Patrick O'Donnell,
T.D., James W. O'Donovan, Dermot P. Shaw,
John J. Sheil, Edward Treacy, Terence De Vere
White.
Legislation in Dail Eireann
The Secretary reported on behalf of the Parliamen
tary Committee that representations made by the
committee on the Petroleum Bill,
1959 and the
Apprentices Bill, 1959 had been favourably received
by the Minister and that the necessary amendments
had been made at the committee stage.
Solicitors' offices in bank premises
It was reported to the Society that a solicitor
who is the son of a bank manager had established
his office in the . residential portion of the bank of
which his father is manager. It was submitted to the
Society
that
this might
result
in
the unfair
attraction of business
in contravention of the
regulation 5 of the Professional Practice Regulations.
Representations were made to the solicitor con-
x
earned who informed the Society that his reason
for taking the particular office was that there was no
other suitable office accommodation readily available.
The Council took the view that it is undesirable that-
a solicitor should maintain his office in a building
forming part of bank premises and that this may
lead to a breach of the regulations. The solicitor
concerned has since obtained other office accom
modation.
Medical witnesses' fees.
Implied personal
undertaking
On
December i3th a member wrote to a surgeon'
asking him to examine a client who had been injured
in a road accident and to supply a medical report.
He wrote again on December 3oth and on January
9th wrote that an appointment had been made for an
examination on January lyth. The surgeon's report
and account for £5 js., are both dated January lyth.
On February 26th member wrote again to the
surgeon stating that the case had been listed for
hearing on March icth. On March 3rd the surgeon
replied stating that he would attend and naming
his fee 25 guineas. On March 6th member wrote
stating that the hearing had been adjourned but
making no reference to the surgeon's fees and on
March 23rd member wrote again stating that the
case would be taken on April 6th and asking the
surgeon to attend. Again there was no reference
to the fee. On these facts the Council expressed
the opinion that there was an implied personal
undertaking by member to see that the surgeon's
fee is paid.
Registry of Deeds
A committee reported that a deputation had
attended at the Department of Justice to submit
proposals in favour of the introduction of legislation
on the lines of the Registry of Deeds (Amendment)
Northern Ireland Act 1957.
That statute made
provision
inter alia
for the following matters :
(a)
persons who authenticate the seal of a body
corporate are deemed witnesses for registration
purposes,
(b)
swearing of affidavits for registration purposes,
(f)
paper and writing authorised for registration
purposes ; parchment has been abolished,
(d)
uniform registration fee on memorial,
(e)
transcripts of memorials no longer required,
(f)
duplicate negative searches,
(j) remedy for breach of statutory duty by
registry officials, and generally bringing the
conditions of the registry into
line with
modern conditions.
The deputation were informed that the Minister
is in favour of the proposals and hoped subject to
Government approval to introduce legislation when
parliamentary time permits.
Stamp Office Delays
Complaints of delays in the Stamp Office were
referred to the Dublin Solicitors' Bar Association
for report.
Increase in Land Commission Costs.
In May, 1956 a memorandum was submitted by
the Council to the Irish Land Commission in support
of an application for a general increase in the scales
of professional costs.
It was pointed out that the
scales of costs proposed in 1954 and increased by
25 per cent, in 1947 was completely out of accord
with the general level of solicitors' office expenses
and the prevailing cost of living figure. Since then
representatives of the Council have attended a
number of conferences with the officials in support
of the case made in the memorandum. Representa
tions were made to the Judicial Commissioner and
personally
to
the Minister and several further
memoranda were submitted.
As the result of these submissions the Minister
has now made provision under the Land Purchase
Acts Rules, 1960 for a general increase of 50 per cent,
in the professional charges in the schedule of fees
in the appendix to the Provisional Rules dated 5th
January, 1924 as amended, that is to say 50 per cent,
in
the present charges
in respect of business