The Gazette 1955-58

tion, but on the facts it is clear that consolidation was impracticable. The truth of the matter is that this order, which is not an uncommon order to make, is eminently one of convenience in that it enables all the evidence to be called at once before the court; but it does not, under the rules as at present constituted, enable the judge at the trial of the proceedings listed and tried together to make what I may call a global order in regard to costs. For my part, I confess that, in cases where consolidation is not possible, it is not only convenient that this order should be made, but it may be that, in the interests of justice, the court should have power to deal with all the costs of the proceedings tried together. However, under the rules, I am quite satisfied that that cannot be done at present. For those reasons I would dismiss this appeal. Pearce, L.J.—I agree. (John Fairfax & Sons Pty., Ltd. v. E. C. De Witt & Co. (Australia) Proprietary, Ltd.—(1957) 3 All E.R. 410.) .' 1 SOLICITORS AND AUCTIONEERS The Council have been in correspondence with the Irish Auctioneers and Estate Agents'Association on the subject of the respective fields of professional activity of solicitors and auctioneers. In a recent issue of the Gazette members were informed that proceedings had been instituted by the Society, against a house agent who had drawn up an agree ment for the letting of a furnished flat, his remunera tion consisting of the usual commission on the making of the letting. As the house agent refused to give an undertaking to discontinue this practice proceedings were instituted against him by the Society and were subsequently withdrawn on his giving the desired undertaking and indemnifying the Society against the costs of the proceedings. The Council wrote the Irish Auctioneers and Estate Agents' Association to notify them of the proceed ings and asking them to advise their members thereof, which the Association agreed to do. The Association have drawn the Council's attention to their view that solicitors should not undertake work which the Council of the Association consider to • be the proper responsibility of the auctioneers and estate agents. They referred particularly to the practice of solicitors advertising properties for sale and letting by private treaty and also undertaking work normally dealt with by estate agents. The Council have replied stating that they would be unable to find themselves in agreement with the Association if it were suggested that solicitors should not undertake land agency and rent collection work

which has always been part of the normal practice of solicitors, although they cannot claim an exclusive right in it any more than auctioneers, accountants, or members of the public. With regard to the question of advertisements by solicitors offering property for sale or letting, the Council of the Society are in agreement with the Association that in the interest of the respective bodies and their members, solicitors should not hold themselves out as undertaking such work. It has, however, been pointed out to the Association that there is no legal prohibition which would prevent solicitors or any other persons from advertising property for sale or letting on the instructions of clients, and that cises do occur in which clients may direct solicitors to perform this work. The Council have stated that members of the Society if so instructed by clients could not legitimately refuse to accept instructions having regard to the particu lar relations which exist between solicitors and their clients. Subject thereto, the Council wish to recom mend to members of the Society that solicitors should not undertake the work of advertising pro perty for sale or letting without direct instructions from clients. The Association have already at the Society's request sent out a circular drawing the attention of their members to the fact that it is illegal for an unqualified person to draw up a con tract for sale, lease or other document relating to real or personal estate directly or indirectly in expectation of fee or reward. INDEX TO STATUTORY INSTRUMENTS published since August, 1957 (Home Consumption) Suspending Orders— 201/1957, 233/1957, 251/1957, 8/1958, 43/I95 8- 61/1958. Bacon—Rates of Subsidy payable to Bacon Curers on Bacon exported from 22nd April, 1957 to 8th August, 1957— 180/1957. Bovine Tuberculosis (General Provisions)—219/1957. Bovine Tuberculosis—Co. Sligo declared a Clearance Area— 217/1957. Dead Turkeys for Export to 3ist January, 1958, need not have been killed on Licensed Poultry Premises—210/1957. Emergency Powers (No. 95) Order 1941, relating to Dairies, revoked—211/1957. Fertilisers, Feeding Stuffs and Mineral Mixtures Act 1955 to come into force on ist January, 1958—265/1957. Fertilisers, Feeding Stuffs and Mineral Mixtures Regulations —264/1957. Feeding Stuffs—Defined Articles not in this category— 197/1957. Home Grown Wheat—National Percentage for Cereal Year 1958-9 fixed at 75% of the Milling Quotas—226/1957. Levy on Home-Market Sales of Bacon suspended in specified months—233/1957, 751/1957, 8/1958, 43/1958. 84 AGRICULTURE, LANDS AND FISHERIES SUBJECT MATTER AND REFERENCE NUMBERS Bacon Levy