The Gazette 1949-1952

AN

TAISCE—THE

NATIONAL

£75 fixed as security by the Master was adequate. It appears from the judgment that before the Judicature Act, the Court o f Chancery followed an arbitrary practice o f fixing £ 12 0 in every case where security for costs was ordered. This sum was clearly intended to be a real security to the defendant for the costs which he would properly incur in a successful defence of the action, having regard to the value o f money and other relevant circumstances at that time. On the hearing of the appeal in the present case the defendant filed an affidavit in which it was suggested that the Master o f the High Court had adopted the practice o f fixing the amount o f security for costs at a figure within the limits of £50 and £ 150 . It was contended that t these limits were inappropriate to the fixing o f a real security in the present case. Mr. Justice Dixon, in giving judgment said that in his opinion the amount to be paid by way o f security should be sufficient as to constitute what it purports to be— a security for the costs o f the defendant if successful— and not merely an earnest o f good faith, or even security for part of these costs. However, against this view it might be said that a defendant is not entitled under an Order for security for costs to be indemnified against his full costs. While agreeing with this view in the sense that the practice is not ■■to give him an unlimited indemnity, his Lordship said he could find no support for the view that the amount to be fixed should be less than a fair and reasonable computation for the costs to which he would reasonably be put in defending the action. His Lordship accordingly discharged the Order of the Master and referred the matter back to him to determine the security on the evidence now sub­ mitted, including certain evidence which was not before the Master on the original hearing. T he Council have had under consideration the question whether it is in accordance with professional practice and etiquette for a solicitor to employ as a clerk a person holding an auctioneer’s licence. It has been stated that there are a few cases in which clerks have taken out such licences. The Council disapprove o f this practice as it may lead attraction of business by unfair means to the office of the solicitor who employs a licensed auctioneer as his clerk. The Council wish to bring this matter to the notice of the profession through the Gazette, so as to leave no doubt as to the proper professional practice in the matter. EMPLOYMENT BY SOLICITORS OF AUCTIONEERS

TRUST FOR IRELAND T he attention o f Solicitors is drawn to An Taisce— the National Trust. A n T aisce was incorporated in June, 1948. Its aims are similar to those o f kindred organisations—to conserve for the Nation stretches o f natural scenery of mountains and valley, field and riverside and forest, and to preserve for future generations monuments of the past and buildings of distinction. It hopes to do for Ireland work similar to that accomplished in the United Kingdom by the National Trust. Membership is o f four kinds : (a) Ordinary subscribing members who subscribe at least 10 /- annually. ( b ) Life members (one payment of £20). (/) Donor members who have made presentations o f property, etc. (d) Local corresponding members, who shall without pecuniary contribution undertake to further tbe objects o f the Trust in any parish or place. During the coming year a network o f local corresponding members will be established over the whole country. It is hoped that, in this way, the Council of the Trust will receive early intimation o f new projects in any area in relation to which action should be taken, and representations can be made to Government Departments or Public Authorities under whose aegis the spoliations o f the countryside, or the destruction o f historic or beautiful structures, has been proposed. By thus endeavouring to exercise direct persuasion on public bodies it may achieve some o f its objectives indirectly, before it has progressed so far as to acquire the ownership of buildings or places. It will also be an important function o f A n T aisce to co-operate with advisory bodies set up under the National Monuments Act, 1930, which gave extended powers to the Commissioners o f Public Works. This Act established a National Monuments Advi­ sory Council in regard to local Archaeological or historic structures. A n T aisce hopes that it may receive help in achieving its objects from the Members of the Incorporated Law Society. Solicitors could help its work in many ways. Opportunities may arise in the making o f wills ; in the winding up o f estates ; in advising as to housing schemes ; in sales to the Irish Land Commission, etc. Support from the Members of the Incorporated Law Society would not only aid A n T aisce finan­ cially, but generally strengthen its influence. Communications should be addressed to the Secretary at 16 Dawson Street, Dublin. 11