The Gazette 1952-1955

Vol. 48 No. 7

January, 1955

THE GAZETTE o f the INCORPORATED LAW SOCIETY OF IRELAND

President T homas A. O ’R eilly

Vice-Presidents D esmond J. M ayne J ohn J. S h eil

Secretary E ric A. P lunkett

FOR CIRCULATION AMONG MEMBERS

IMPORTANT. T h e latest date for taking out practising certificates in time will be 5th February, 1955. Attention is drawn to the provisions of Part V of the Solicitors Act, 1954, with regard to the issuing of practising certificates, and to sections 54 to 57 with regard to the qualifications for acting as solicitor and the consequences of practising without a certificate. The form o f declaration which must be made in order to obtain a practising certificate may be taken up by Dublin solicitors, or by country solicitors by their town agents, on application to the Society’s office. Neither the declaration nor the certificate when issued can be sent by post. MEETINGS OF THE COUNCIL. D ecember 9TH : Mr. Barrett and afterwards Mr> Thomas A. O’Reilly in the Chair. Also present: Messrs. John J. Nash, and John R. Halpin, Vice- Presidents ; Arthur Cox, William J. Norman, James J. O’Connor, Patrick R. Boyd, Desmond J. Mayne, John Maher, Peter E. O’Connell, Henry St. J. Blake, John Carrigan, George G. Overend, Desmond J. Collins, John J. Sheil, Terence de V. White,

Charles J. Downing, Ralph J. Walker, Joseph P. Tyrrell, Patrick F. O’Reilly. The following was among the business transacted : Arbitration Bill, 1954. T h e Secretary reported that representations had been made to the Department of Justice suggesting that section 29 (1) of the Bill should be amended so as to give an arbitrator jurisdiction to award costs as between solicitor and own client, i.e., on the basis o f a full indemnity, in proper cases, but that the Department had replied stating that the Minister could not agree to this suggestion. Expenses o f Solicitor-witness. A member acted for the settlor in a deed of settle­ ment some years ago. The settlor subsequently became a bankrupt and member received a subpoena duces tecum to give evidence before the bankruptcy judge in Dublin, in proceedings on behalf of the official assignee to set aside the deed. Member claimed expenses as an expert witness and raised the matter before the bankruptcy judge. The judge ruled that he was not an expert witness and that the only allowances payable were first class railway