265 / 338
granted only to a limited extent, if the Society are of
opinion that the claimant has by his conduct actively
assisted in the commission of misconduct by the
solicitor. Misconduct includes such matters as can
vassing, unfair attraction of business and holding
oneself out as being willing to undertake professional
business at less than the professional charges.
Part IV (Sections 25 to 33) deals with miscel
laneous matters. The former statutory jurisdiction
of the Chief Justice in regard to solicitors is now
vested in the President of the High Court.
In
addition to the grounds set out in Section 49 of the
Solicitors' Act 1954, for refusing to issue practising
certificates, the Registrar may also refuse to do so if
the solicitor has failed to comply with an order of
the High Court or with regulations made under
Sections 66 or 71 of the Solicitors' Act 1954.
Under Section 31 every solicitor to whom the
provisions of the Solicitors' Accounts Regulations
apply, shall once in each practice year, deliver to the
Registrar an accountant's certificate duly signed by
him, showing that, in compliance with the regula
tions, the accountant has examined
the books,
accounts and documents of the solicitor or his firm
for a specified "accounting period, and that he is or
is not satisfied that the solicitor has complied with
the Solicitors' Accounts Regulations, and, if not
satisfied, the specific matters upon which he is not
satisfied. The Society shall, with the concurrence of
the President of the High Court, make Accountants'
Certificate Regulations setting out these matters in
detail. The Solicitor shall not be entitled to obtain
a practising certificate until he has complied with
these regulations. Section 31 is to come into opera
tion on such day as the Minister for Justice, by
order made on the request of the Society, appoints.
Section 32 abolishes the rule in Clayton's Case, in
the case of a solicitor who becomes a bankrupt or
dies insolvent. The result is that all proved claims
on the client bank account will be paid
pro rata:
The Council may appoint three additional extra
ordinary members from the Council of the Dublin
Solicitors' Bar Association.
DUBLIN SOLICITORS' BAR
ASSOCIATION
A Meeting of the Council was held on Wednesday,
3ist August, 1960.
The President reported on enquiries he had made
with the Dublin Corporation, directed towards
expediting the sealing of documents ; and also on
the progress in the preparation of the Association's
form of Auction Particulars and Conditions of Sale.
The Honorary Secretary reported on proposals for
the revision of the Association's rules.
The fixing of the next meeting was left to the
Council, to be elected in October.
SOCIAL WELFARE (MISCELLANEOUS
PROVISIONS) ACT 1960
Distribution of estates of deceased pensioners
By Section 19 of the Act the personal representa
tive of a person dying after the commencement of
the Act, who was at any time in receipt of a pension,
shall, before distributing the assets of the deceased,
inform the Minister for Social Welfare by notice in
writing not less than three months before the dis
tribution commences, of his intention to distribute
the assets. A personal representative who neglects
to give notice and who distributes the assets without
payment of any monies due to the Minister, may be
held personally liable to repay to the Minister, the
amount of any valid claim by the latter against the
estate of the deceased.
The Act came into operation on ist August, 1960.
The Society has been in communication with the
Department of Social Welfare (Departmental ref:
A.C. 2146/6) on the subject of possible delays in
obtaining clearance from the Department which
might result in delaying distribution of assets. By
letter dated September 26th, from the Department,
it is stated that in the normal course a personal
representative will obtain a certificate from the
Department stating the amount due, or, alternatively
stating that there was no claim against the estate
well within the statutory period and will then be in
a position to distribute the estate without incurring
any risk under Section 19 (2) after payment of
the amount (if any) due to the Minister.
BOOK REVIEW
PRACTICE AND PROCEDURE IN THE DISTRICT COURT
IN PROCEEDINGS OTHER THAN CIVIL PROCEED
ING,
by
James F. Crotty, LL.B.
8vo., pp. xxxv, 373.
Cork University Press,
1960, £3
Anyone who publishes a textbook on Irish law
deserves high praise, because the limited market for
Irish law books will hardly warrant the effort and
expenditure in writing it. District Justice Crotty
deserves superlative praise for he has placed his un
rivalled knowledge of District Court practice in
summary and criminal trials at the practitioner's
disposal. The work is most comprehensive, and
there is no Act, statutory instrument, District Court
rule, or judicial decision bearing on the details of
District Court procedure which has been overlooked.
The chapters contain numerous sub-headings in heavy
type by which the practitioner is led easily to the
reference he wishes to look up. There is also a
complete index of 23 pages, as well as a table of
statutes, and an index to cases. Mr. Justice 0 Dalaigh
in his Foreword, has said that the book takes its
place worthily beside the first volume of O'Connor's
"The Irish Justice of the Peace" and District
53