53 / 338
mortgages of land,*but is applicable
inter alia
to
mortgages
and other
security
deeds
affecting
Government Stock and railway shares or stock.
The Committee stated that, in their opinion, members
would be entitled to charge the commission scale
fee calculated on the value of the freehold or lease
hold property of the company, apportioned if
necessary, if the following conditions are satisfied :
(i) The title to the property comprised in the sale
must be deduced and investigated pursuant to the
contract for sale and purchase, (ii) There must be a
price on which the commission scale fee can be
calculated, (iii) There must be an assurance of the
property the subject of the contract perused and
completed by
the vendor and completed and
registered by the purchaser.
OCTOBER i6ra : The President in the chair. Also
present: Messrs. Desmond J. Mayne, James J.
O'Connor, G. G. Overend, Desmond J. Collins,
R. McD. Taylor, Ralph J. Walker, Eunan McCarron,
J. R. Quirke, Terence De Vere White, John Maher.
The following was among the business trans
acted :—
Examination Results
THE Council considered a report from the Court of
Examiners. The -esults of the examinations are
printed on page
\
of this issue.
Application Under Section 32
AN application by a solicitor for permission to take
a second apprentice was, in special circumstances
disclosed, granted.
OCTOBER
ZJTH :
The President in the chair. Also
present: Desmond J. Mayne, John Maher, John J.
Nash, Peter E. O'ConneU, R. McD. Taylor, Francis J.
Lanigan, James J. O'Connor, Ralph J. Walker,
Thomas A. O'Reilly, Edward Treacy, William
Dillon-Leetch, George A. Nolan, John R. Halpin,
J. P. Tyrrell, Arthur Cox, Eunan McCarron, W. J.
Comerford, J. R. Quirke, Cornelius J. Daly, C. J.
Downing, Patrick Noonan, Desmond J. Collins,
John J. Sheil, Niall S. Gaffney, G. G. Overend,
Dermot P. Shaw.
The following was among the business trans
acted :—
Professional Negligence Indemnity
It was decided that the Secretary would make
.nquiries as to the insurance companies which are
prepared to undertake professional negligence in
demnity insurance for members of the profession.
Special committee on professional policy
and development
The following motion was passed on the proposal
of Mr. Shaw, seconded by Mr. Lanigan :—
That a special committee of the Council be
set up to examine the question of a public
relations programme for the solicitors' pro
fession and to consider a
long-term policy
programme for the Society, and to make re
commendations to the Council on any activities
which ought to be undertaken by the Society
in the interests of the profession and in order
to maintain and if possible increase the influence
and standing of the profession in the community.
SON OR NEAR RELATIVE, PRACTISING
BEFORE
DISTRICT
JUSTICE
THE Council on a report from a committee stated
that it is undesirable in a country district that a
son or an immediate relative of a District Justice
should practise in the Court of that Justice.
WORKMEN'S COMPENSATION ACTS-
COSTS OF APPLICATIONS FOR RE
DEMPTION
A COMMITTEE of the Council reported drawing
attention to the inadequate scale of costs applicable
to the redemption of a weekly payment under the
Workmen's Compensation Acts.
The
scale
in
question is scale 8, in the 1942 rules as increased by
50 per cent, under the 1954 rules, which is also
applicable to a summons to review or redeem. It
was stated that it is now quite common to have
redemptions in the neighbourhood of £2,000, and
that it is obvious that the scale of costs mentioned
was never intended to apply to such cases and that
a new scale should be provided. This view is sup
ported by remarks under scale 8, as apparently the
scale envisages a summons to redeem by the em
ployer whereas under the 1955 Act such a summons
is brought by the workman.
The matter was raised by representatives of the
Council on the Circuit Court Rules Committee.
The Council wish to draw the attention of members
to the fact that the matter can be dealt with by the
Court under the discretionary power to award an
additional fee not exceeding £25, under order 40,
rule 6 of the Circuit Court Rules, 1950, as amended
by the Circuit Court Rules, 1954 (S.I. No. 212 of
1954). Members are advised in proper cases to make
an application to the Court for additional remunera
tion under this rule.
49