The Gazette 1949-1952

with the promotion of the Solicitors Bill, which is now before the Government. It would hardly be an exaggeration to say that in his service to the profession he touched nothing which he did not improve or adorn. His activities in wider spheres were equally notable. In professional practice his authority was unquestioned, and his advice was sought and valued by his professional colleagues as well as by his clients. He was chairman of several public com­ panies as well as o f the Automobile Association, and was a former chairman of the Royal Irish Auto­ mobile Club. He was a keen fisherman and was interested in racing, football, golf and cricket. He was a pioneer of motoring in Ireland, and had his first aeroplane flight when he was 84 years o f age. O f his interests in life he could have said without presumption : “ Homo sum ; humani nihil a me alienum puto.” He had been so long in the profession and had become such an accepted institution, that by an error in the date, his Golden Jubilee on the Council was not celebrated until 1944. In that year the profession commissioned Mr. Leo Whelan, R.H.A., to paint his portrait, and paid him the tribute of deciding that it should be retained by the Society and placed in the Members’ Hall, where it now hangs in his memory. This short notice-merely outlines the main events in the life of the late Mr. Hayes, on the Council and in the profession. After his death the President summoned a special meeting of the Council which is reported in this issue. The President’s address at the meeting paid tribute to him as a personality, and expressed in fitting terms the affection and regard in which he was held by all who knew him. MEETINGS OF THE COUNCIL S eptember 28 th . The President in the Chair. Also present: Mr. Thomas A. O’Reilly, Vice- President ; Messrs. John Carrigan, James R. Quirke, George A. Overend, Daniel O’Connell, William S. Huggard, John R. Halpin, Reginald J. Nolan, James J. O’Connor, Patrick R. Boyd, Gerald J. O’Donnell, John J. Nash, L. E. O’Dea, Henry St. J. Blake, Joseph P. Tyrrell, Arthur Cox. The following was among the business trans­ acted :— Vendor o f Property acting in Person The Council considered correspondence with a local Bar Association in regard to a rule of the

Association which bound members to refuse to act lor the purchaser o f property, at a price exceeding a prescribed amount unless the vendor is also repre­ sented by a Solicitor. In the case in question the purchaser had instructed his solicitor to proceed with the sale and the solicitor, considering that he was bound by the rule of the Bar Association to refuse to act, sought the guidance o f the Council on the matter. After considering the correspond­ ence the Council were o f the opinion that while prima facie there is no illegality in a rule o f this kind binding members o f an association between them­ selves, its application in practice may give rise to difficulties. A client instructing his solicitor is not bound by the rules o f the Bar Association unless they are specially brought to his notice and incorporated in the retainer, and the solicitor may therefore find himself in a conflict between his duty to his client and his obligations under the Bar Association rules. The Council were of the opinion that normally a solicitor acting for a purchaser is not entitled to refuse to accept an abstract o f title furnished by the vendor in person. E.S.B. (Superannuation) Tribunal The Secretary submitted correspondence with the Tribunal relating to the refusal by the Tribunal to hear parties by counsel or solicitor relying on provisions o f Section 10 o f the E .S.B . (Super­ annuation) Act, 1942. The matter was adjourned to await a reply from the Tribunal. Apprentice Acting as Commissioner for Oaths On an inquiry from an apprentice the Council decided that there is no objection to the appoint­ ment o f a solicitor’s apprentice to act as a com­ missioner for oaths during the period o f his inden­ tures. Police Reports Members wrote to the Society inquiring whether the Council have any views on the practice o f the Garda authorities o f requiring payment for copies of statements o f witnesses mentioned in police reports. The Council were o f the opinion that it is to the advantage o f the profession and their clients to agree to a reasonable payment for copies o f state­ ments o f witnesses taken by the police authorities.

The report of the meeting of the Council held on October 26th is held over until the next issue of the Gazette. 28