The Gazette 1961 - 64

claim against the other party but that she probably had a right of action against her deceased husband's personal representatives who would be entitled to indemnity under the policy of insurance. The widow then abandoned her claim against the other party and on her instructions member wrote to the insurance company claiming damages on her behalf. When the correspondence had reached a certain stage the company wrote to member objecting to bis continuing to act in the matter on the ground that he had been furnished with confidential information. Member stated that he could have obtained the information elsewhere. He enquired whether under the circumstances he should act or whether he should resign his retainer. The Council on a report from a committee stated that in their opinion member should not act in the present proceedings without the consent of the insurance company. Courts (Establishment and Constitution) Bill 1959 Courts (Supplemental Provisions) Bill 1959 The Council considered a report from the Parlia– mentary Committee in which it was stated inter alia that an amendment had been put down for the Committee Stage of the Courts (Supplemental Provisions) Bill 1959 providing that solicitors of ten years practice should be eligible for appointment as Circuit judges. It was pointed out in the report that a solicitor has a right of audience in the Circuit Court and that it is inconsistent and contrary to the interests of the profession that solicitors should not be eligible for appointment to the Bench. It was decided to issue a circular to all Bar Associations asking them to obtain support for the amendment. It was also pointed out in the report that, with a few exceptions, no legal qualifications appear to be necessary for appointment to the office of Registrar and other senior offices in the High Court estab– lishment. It was directed that representations should be made to the Department of Justice that the qualification of barrister or solicitor should be necessary for such appointments, without prejudice to the position of present office holders. Proceedings against unqualified person The Council directed, subject to counsel's advice, that proceedings should be instituted against a chartered accountant for an alleged contravention of section 58 of the Solicitors Act 1954 by drawing or preparing the memorandum and articles of association of a limited company. AUCTIONEERS AND HOUSE AGENTS ACT 1947 A case has been brought to the notice of the

Society in which a member on behalf of a client who suffered loss through the default of an auctioneer, instituted proceedings against the insurance company, named in the bond, on foot of a judgment in the High Court against the auctioneer, to obtain payment of the amount of the judgment against the insurance company. The plaintiff was met with the defence that the auctioneer did not hold a licence at the time when he received the money due to the plaintiff, and that as he was not a licensed auctioneer at the material time the insurance company was not obliged to meet the claim under the terms of the bond. Member has been advised by counsel that the defence put forward by the insurance company may succeed. The information is published as being of interest to members who may be instructed by clients to proceed for recovery of claims against insurance companies. It would be advisable in such cases before instituting pro– ceedings to ascertain that an auctioneer's licence was in force on the material date. MAYO SOLICITORS* BAR ASSOCIATION The Annual General Meeting of the Association was held in the Bar Room, Castlebar, on the z8th April last. Election of officers for i^6i-'6z resulted as follows : President, William Dillon-Leetch ; Vice- President, John MacHale ; Hon. Treasurer, Miss Bea M. Hynes; Hon. Secretary, John F. Garavan; Council, Edward Fitzgerald (Ex-Officid), Edward A. Corr, Thomas V. O'Connor, Patrick J. McEllin and Oliver P. Morahan. To welcome Mr. District Justice Hugh C. McGahan to the District the members had a dinner at Healy's Anglers' Hotel, Pontoon, on May ijth and in addition to the chief guest, the President of the Incorporated Law Society, Mr. Ralph J. Walker, and the Secretary, Mr. Eric A. Plunkett, attended. Other guests were: District Justice Kennedy and District Justice Loftus, along with the President of the Sligo Bar Association, Mr. Francis Armstrong, Mr. M. DeL. Staunton, President of the Roscommon Bar Association and Mr. T. J. C. O'Keeffe, Secretary, Roscommon Bar Association. Mr. Bernard Daly, County Registrar for County Mayo, was also a guest. COUNTY ROSCOMMON BAR ASSOCIATION President, M. De L. Staunton; Chairman, John Kelly ; Vice-Chairman, James T. Claffey ; Hon. Treasurer, J. J. Sheerin; Hon. Secretary, T. J. C. O'Keeffe. Committee: M. D. Carlos, A. McCormack, G. Horan, J. F. Neilan.