The Gazette 1949-1952

The Committee recommended that the Society should write to the Minister for Lands pointing out the effect o f Section 15 (1) o f the Act in the cases mentioned, and that it should be repealed on the ground that it impedes the housing programme. The report was adopted. Search Fees A m e m b e r sought the opinion o f the Council in the following matter:—In 1945 he purchased the practice o f a solicitor now deceased. On taking over the practice he found a large accumulation of original and other documents. There was neither a deed book nor schedule o f documents. The solicitor has been asked to hand over documents to various clients, and has asked for a search fee o f 3 guineas. The solicitor submitted that in view o f the onorous nature o f the work, Opinion 90 does not apply, and that he is entitled to charge a search fee in any case where the documents or information required are not readily accessible. In the opinion o f the Council, Opinion 90 applies to the facts o f this case. The solicitor is in no different position than the solicitor from whom he purchased the practice, and he is under the same obligation to the vendor’ s clients. Valuable documents should be handed over on request without payment o f any search fee. Section 55 o f the Workmens’ Compensation Act, 1945 T he Council considered a letter from a member referring to Section 55 o f the Workmens’ Compens­ ation Act, 1934, which empowers the County Registrar to refer agreements to the Court if he is not satisfied- that the amount is adequate. He suggested that this power should be restricted to commutation agreements made under Section 50, and that the County Registrar should not have power to refer agreements under Section 51 to the Court where the workman is professionally represented. He said that the questioning o f the amount which a solicitor has advised his client to accept is a reflection on the workman’s solicitor, and that the profession should endeavour to have the Act amended. The Council considered that as the procedure in regard to the registration o f Workmens Compens­ ation agreements is set out in Section 55 o f the Workmens Compensation Act, 1934. it is unlikely that the Government would agree to amend the section on representations from the Society. Costs under the Small Dwellings (Acquis­ ition) Act, 1899 T he Secretary read three resolutions submitted by the association o f solicitors to local authorities.

The matter was referred to a Committee for con­ sideration and report. Messengers’ Joint Labour Committee T he Secretary reported that he had received a copy o f the draft establishment order o f the Messengers’ Joint Labour Committee which would apply to messengers in the employment o f solicitors, already covered by the Law Clerks’ Joint Labour Com­ mittee, and that the draft order would be considered on April 28th. Ordered that the Secretary should attend the Labour Court on behalf o f the Society and object to the inclusion o f any employees of solicitors in the new Establishment Order. Erne Hydro-Electric Scheme T he Secretary reported that he had been informed by the Attorneyr-General, Mr. Lavery, S.C., that the Government and the Government o f Northern Ireland proposed to introduce legislation in regard to the Scheme which will contain a section enabling Northern Ireland solicitors to appear before arbi­ trators in Dublin, and solicitors o f the Courts of Justice to appear before arbitrators in Belfast, and that the Attorney-General wished to know whether the Council had any objection to the proposed legis­ lation in so far as it would enable a Northern Ireland solicitor, not duly qualified, to practice in the Twenty-Six Counties. It was resolved that the Secretary should inform the Attorney-General that the Council have no objection to the legislation on a mutual basis on the understanding that the rights of solicitors admitted through diis Society to practice in Northern Ireland, are co-extensive with the rights o f Northern Ireland solicitors to practice in the Twenty-Six Counties for the limited purpose o f the Act. Application under Section 47 A n application under Section 47 was considered and granted on payment o f the current licence duty. SPECIAL COUNCIL MEETING 9TH M ay , 1950. The President in the Chair. Also present: Messrs. Thomas A . O ’Reilly, Vice- President ; Joseph Barrett, James J . O’Connor, G. A. Overend, Daniel O’Connell, James R. Quirke, Desmond J . Mayne, John P. Carringan, Arthur Cox. Examination Results T he Council considered and adopted a report from the Court o f Examiners on the results o f the Final Examination held in April. The examination results are printed below. 2