The Gazette 1961 - 64

in criminal matters. The report was adopted and it was decided that information should be sought from the other Law Societies and also that the Society should seek an appointment with the Minister or Parliamentary Secretary of the Department of

authority, the Particulars Delivered stamp impressed were part of the vendor's costs and were consequently the liability of the local authority. Member who acted for the local authority had submitted that as the lands were not compul- sorily acquired under the the Land Clauses Acts his clients were not liable for these costs. Medical Witnesses' Fees A committee reported to the Council on the following facts : Member acted for a minor plaintiff through her father and next friend in a personal injuries action. Damages were assessed at £4,450. The costs were not taxed but were agreed on the basis of one day in Dublin and one day's hearing which finished in time for the evening train to Cork. Member received a bill for £62 ys. 8d. from a medical witness upon whorn a subpoena had been served. The principal items on the bill were a fee of seven guineas per day for three days for attending Court, travelling expenses £6 95. $d., subsistence expenses £7 175. 3d., qualification fee ten guineas, fee paid to locum tenens three guineas per day for three days. The bill gave credit for a sum of fifteen guineas which was received with the subpoena. The doctor stated in a letter to the Society that member had promised verbally to pay the fees due to the locum tenens. Member stated that whereas he did not dispute the amount of the bill he had no recollec tion of having made any verbal promise to pay the fees due to the locum tenens and furthermore, he was in difficulties owing to the fact that the plaintiff was a minor. The Council adopted a report from the committee which stated that in the committee's opinion member was not personally liable for the medical witness's fees unless a personal undertaking, either expressed or implied, had been given. Anything over and above the fee allowed on taxation as between party and party for attending Court (now increased to eight guineas) is a matter between patient and doctor. Election for the Seanad At an adjourned meeting of the Council held on October nth, it was resolved unanimously that Mr. John J. Nash be nominated as the Society's representative on the Cultural and Educational Panel at the forthcoming election under the Seanad Electoral (Panel Members) Act, 1947 and 1954. Examination results The report of the Court of Examiners on the results of the second and third law examinations was adopted and the results declared. The Council also awarded the Overend and Findlater Scholarships. 44 the costs of having

Justice in order to discuss the matter. Resignation from the Council

The President announced that he had received from Mr. Cox his resignation from the Council. Mr. Cox at the same time had offered to donate to the Society the chair of John Mitchell attorney and author of the Jail Journal and a bust of Chief Justice Malone by Nollekens. The Council accepted with regret the resignation of Mr. Cox and with gratitude his donations to the Society. The following resolu tion was proposed by the President and passed unanimously : The Council of The Incorporated Law Society of Ireland having learned of the wish of their colleague, Arthur Cox, to resign from the Council upon his retirement from the profession wish to place on record their appreciation and gratitude for his outstanding services to the Council, the Society and the profession. As an ordinary member of the Council, later as President in the Society's Charter Centenary Year and finally as Father of the Council his advice has been invaluable to his colleagues and in accepting his resignation, which they do with deep regret, they would like to convey to him their very sincere good wishes in his new calling. CO-OPTION OF NEW COUNCIL MEMBER On the proposal of the President seconded by Mr. O'Reilly, it was unanimously resolved that Mr. Daniel J. O'Connor be co-opted from the general body of the Society as an ordinary member of the Council to fill the vacancy caused by the resignation of Mr. Cox until the next election of members of the Council. Week-end meeting 1961 The Secretary stated that he had been in com munication with the Donegal Solicitors' Association and that the association are agreeable to have the Society's week-end meeting for 1963 in Bundoran. Liability for costs of having P.D. stamp impressed The Council on a report from a committee stated as their opinion that in a case of acquisition of property for road widening purposes by a local authority, where the agreement for sale provided that the vendor's costs were payable by the local

Made with