The Gazette 1946-49

PROFESSIONAL ITEMS

1. What was his professional position regarding the fee of fifty guineas claimed by Counsel. 2. Whether he would be able to recover from his clients, the fee of 50 guineas claimed by counsel notwithstanding the decision of the County Manager. The opinion of the Council was as follows :— (1) Mr. A. was personally liable to pay counsel such fees as were reasonable and proper in the circumstances. (2) A reasonable and proper fee in this case, having regard to the scale of fees published by the Bar Council on the 2 8th March, 1947, and to the exceptional difficulty and urgency of the case would be a special fee of 30 guineas. (3) If Mr. A. paid to counsel the fee of 50 guineas, claimed by the latter, the greatest amount which Mr. A. would be able to recover from the County Manager was the sum of 30 guineas, agreed to by the latter. Appearance of unqualified persons at Local Government Inquiries The Council considered correspondence from a member of the Society with reference to the appear ance of unqualified persons on behalf of the A.A. and R.I.A.C. who examined and cross-examined witnesses at a Local Government Inquiry. A protest had been made on behalf of the profession which had been noted by the Inspector conducting the Inquiry. It was ordered that the Secretary should write a letter to the Department of Local Government, stating that the Society supported the protest made on behalf of the profession at the Inquiry, and that the right to appear as advocates at such Inquiries should be reserved to counsel and solicitors, but that no objection could be taken to the appearance of unqualified persons at such Inquiries in the capacity of witnesses to give evidence on oath. It was directed that similar letters be written to the A.A. and R.I.A.C. Applications under Sections 16 and 18 ON a report from the Court of Examiners the Council considered one application under Section 1 6, by a law clerk for leave to be bound as an apprentice for a term of three years only, and four applications under Section 18, to the Chief Justice for exemption from the Preliminary Examination. It was decided that the application under Section 16 should be granted, and that in three of the appli cations under Section 18 the Chief Justice be informed that the Society would not oppose the application, and that in the remaining case the application should be opposed.

Circuit Court Costs THE attention of members is drawn to the fact that by the Circuit Court Rules 1948 (S. i, No. 261 of 1948), new scales of costs have been prescribed for all classes of proceedings in the Circuit Court with the exception of Workmens Compensation and proceedings under the Landlord and Tenant Acts. New scales of counsel's fees have also been pre scribed. The Rules may be purchased from the Government Publications Office, 3/4 College Street, Dublin, Price gd. Stamp Duty on leases in consideration of a fine and a rent IT may be of interest to members to note that a test case is being brought to the High Court to ascertain whether the new scale of stamp duties, contained in the Finance (No. 2) Act applies to a lease in con sideration of a fine and a rent. It is not likely that the case will be decided before January next. In the event of a decision being in favour of the tax payer, parties who have paid the higher rate of duty before the date of the decision will not be entitled to recover the extra stamp duty, as the payments will have been made under a mistake of law. Solicitors for lessees may, however, be able to safe guard their clients by paying the duty under protest, and by lodging appeals against the amount of duty in order to keep the position open pending the result of the case stated. Adjudication Office THE attention of solicitors is drawn to the change made in the Adjudication Office in connection with the issuing of queries. In future the copy or abstract presented with the original instrument will be sent to the solicitor with the queries endorsed in red ink, and solicitors should make certain that the copy or abstract is returned with the replies. It is felt that if the queries are answered promptly and fully and the copy or abstract is returned with the replies, a great deal of the present delay in getting duty assessed will be avoided. Estate Duty Office THE attention of members is drawn to the fact that the Estate Duty Office has been moved from Dublin Castle to 21 St. Stephen's Green, N. Authentication of Documents THE fee for the authentication of any document by the Department of External Affairs has been increased from 25. 6d. to 55,