The Gazette 1958-61

J. Shell, Eunan McCarron, Peter E. O'Connell, Robert McD. Taylor, John Maher, Frank Armstrong, James W. O'Donovan, Terence De Vere White. The following was among the business transacted : The President welcomed Mr. Francis A. Armstrong a new member of the Council. Statutory notice to creditors On a report from a committee it was decided to send a case for the opinion of senior counsel on the question whether the State is bound by the pro visions of Lord St. Leonard's Act 1859 whereby claims not notified in time in reply to a statutory notice to creditors will not thereafter be enforceable against the personal representatives personally. Insurance company administration bond. Duty of solicitor An insurance company issued a fidelity bond to the administrator of the estate of a deceased person on member's assurance that the administration would be carried out through member and that he would see that everything was properly done. The personal representative requested member to transfer all the papers and assets to her and she intimated that she intended to disregard a claim against the estate which member believed would be legally enforce able. Member enquired whether he was under a pro fessional obligation to pay over the money to the administrator having regard to his knowledge or whether he should retain it to see that the insurance company are protected. The proposal for the bond was signed by the applicant and by member but there was no written undertaking or assurance that member would see to the proper application of the assets by his client. The Council on a report from a committee stated (1) The Society cannot advise on any question of member's legal liability. (2) If member gave an assurance to the company that he would see to the due application of the assets without the knowledge and approval of the client he is not entitled as a matter of professional conduct to refuse to hand over the assets to the client on lawful demand. (3) If member gave an assurance to the insurance company with the knowledge and approval of the client the position may be different. It was decided to draw the attention of members to the fact that a solicitor may run a personal risk if he gives an undertaking or promise to an insurance company as to the administration of an estate by his client unless he has received written instructions from the client to give the undertaking and unless he is satisfied that he will be in a position to carry it out.

Mr. M. E. Knight The Council resolved to send a message to Mr. Michael E. Knight, Clones, a former President, congratulating him on his ninetieth birthday and on his seventieth year of practice as a solicitor. DISCIPLINARY COMMITTEE The following members of the Council were appointed as the Disciplinary Committee for the year 1959-60 with the approval of the Chief Justice : John R. Halpin, Chairman, John Carrigan, William J. Comerford, Charles J. Downing, Niall S. Gaffhey, Patrick Noonan, James J. O'Connor, Dermot P. Shaw, Ralph J. Walker, Terence De Vere White. COMMITTEES OF THE COUNCIL The following committees were appointed for the year 1959-60 : Registrar's George G. Overend, Chairman, Desmond J. Collins, Dinnen B. Gilmore, James R. Green, Francis J. Lanigan, John Maher, Eunan McCarron, George A. Nolan, Peter E. O'Connell, Thomas A. O'Reilly, James R. Quirke, John J. Shell, Robert McD. Taylor. Compensation Fund John Maher, Chairman, Desmond J. Collins, Dinnen B. Gilmore, James R. Green, Francis J. Lanigan, Eunan McCarron, George A. Nolan, Peter E. O'Connell, Thomas A. O'Reilly, George G. Overend, James R. Quirke, John J. Sheil, Robert McD. Taylor. Finance, Library and Publications Charles J. Downing, Chairman, John Carrigan, Arthur Cox, Dinnen B. Gilmore, James R. Green, John Kelly, Patrick O'Donnell, T.D., James W. O'Donovan, Thomas A. O'Reilly, Dermot P. Shaw, with the President, Vice-Presidents and immediate past President ex-officio. Court of Examiners Robert McD. Taylor, Chairman, Desmond J. Collins, Derrick M. Martin, James R. Quirke, Terence de Vere White, with the President, Vice- Presidents and immediate past President ex officio. Parliamentary William J. Comerford, Chairman, Arthur Cox, Dinnen B. Gilmore, Patrick Noonan, Thomas V. O'Connor, Patrick O'Donnell, T.D., Dermot P. Shaw, with the President, Vice-Presidents and immediate past President ex officio. Privileges Derrick M. Martin, Chairman, Francis A. Arm strong, John Carrigan, William J. Comerford, Charles J. Downing, Niall S. Gaffney, John Kelly, 57