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such advertisement was found to be objectionable,
and a reply to the Society was settled.
The County Registrar has arranged to mark " for
mention " cases appearing in the Circuit Court Lists
which have been settled. As this will be a con
siderable facility in enabling solicitors to estimate
the weight of the lists, all members are recommended
to communicate with the County Registrar when the
case has been settled. A letter from the solicitor for
each party should be supplied.
A letter from the Law Society relating to fees for
defending Road Traffic Act prosecutions was con
sidered, and a reply was sent giving the Council's
views as to what fees would be appropriate.
The next Meeting of the Council was fixed for
Wednesday, 4th February, 1959.
MIDLAND SOLICITORS' ASSOCIATION
THE Annual General Meeting of the Association
was held at Moate on the zoth October, 1958, and
the following Officers were elected :
President,
Mr. William A. Tormey, Athlone; Vice-President,
Mr. S. N. Mahon, Tullamore; Secretary, D. P.
Shaw, Mullingar; Committee, H. Walker and P.
Cooney, Athlone ;
J. B. Farell and J. P. Woods,
Tullamore ; N. Reidy, Birr ; M. Ward, Edenderry ;
P. J. Shaw and K. P. Wallace, Mullingar.
The following new Rules were adopted :
(a) In
all sales of registered land,
the Land
Registry Map and
in sales of non-vested
holdings, the Land Commission Map shall be
furnished by the Vendor's Solicitor at the
Vendor's expense.
(£) The original Land Certificate shall be handed
over by the Vendor at his expense on closing
sales of registered land.
The Annual Dinner-Dance of the Association was
held at Shamrock Lodge Hotel, Athlone, on Dec
ember 13th, and was enjoyed by 95 members and
guests.
COUNTY LOUTH SESSIONAL BAR
ASSOCIATION
AT a Meeting on ist January, the following Officers
were elected for the year 1959 :
President, Mr.
Francis P. Johnston; Vice-President, Mr. A. S.
Coulter; Secretary, Mr. Philip E. McCourt.
CARLOW BAR ASSOCIATION
THE above association has been revived with the
following Officers : President, S. Roche ; Chairman,
H. O'Donnell; Hon. Secretary and Treasurer,
D. M. Early; Committee, P. Cody, A. W. JefFers,
F. J. Lanigan.
RECENT LEGISLATION
THE LAW REFORM (PERSONAL INJURIES) ACT 1958
which has recently become law, has abolished the
doctrine of Common Employment which had
seriously prejudiced up to then actions by employees
against employers for negligence, if that negligence
had been due the carelessness of a fellow employee.
The Employers Liability Act 1880 is repealed, but
legal Proceedings commenced before
the
2 3rd
December, 1958 are not affected.
THE SOCIAL WELFARE
(AMENDMENT) ACT 1958
has the effect of raising the limit of compulsory
contributors under the Social Welfare Act 1952
from a salary of £600 per annum to one of £800
per annum. Accordingly all employees earning less
than £800 per annum are now liable to make weekly
payments under the Social Welfare Act 1952, unless
they belong to one of the exceptions defined in
the Act.
THE HEALTH AND MENTAL TREATMENT ACT 1958
has the effect of supplying the various kinds of
treatments authorised by the Health Acts of 1947
and of 1953, and by the Mental Treatment Act 1945,
to those who have made contributions under the
Social Welfare Act 1952, if their salary is henceforth
£800 per annum, instead of £600 as formerly.
Furthermore, in applying this Act, the means of a
son or daughter of the applicant are to be disregarded
up to a maximum of £100, regardless of their
income.
CLIENT'S AUTHORITY TO PAY. CIR-
CUMSTANCES IN WHICH IT AMOUNTS
TO AN
EQUITABLE ASSIGNMENT.*
Among the letters recently received by the Editor
was one from a firm of solicitors which stated that
they had
suffered
loss because
they •
failed
to
appreciate that an authority given to them by a
client as to the payment to a third party out of
funds- to come into their (the solicitors') hands
operated as an equitable assignment. After receiving
the first authority to pay to the third party (X), the
firm received a further authority from their client
to pay the fund to another person (Y) and were
instructed that the earlier authority was cancelled.
The firm accordingly paid the fund when they
received it to Y, and X claimed that the fund should
have been paid to him as an earlier assignee of the
fund. The firm sought the opinion of counsel who
advised that on the form of the document, the
contention of X was correct and the firm have had
to make the payment to him out of their own
moneys.
The firm have in the past dealt with a number of
*Author Mr. E. R. Dew.
Printed by permissi9n of the
English Law Society.
76