The Gazette 1958-61

granted only to a limited extent, if the Society are of opinion that the claimant has by his conduct actively assisted in the commission of misconduct by the solicitor. Misconduct includes such matters as can vassing, unfair attraction of business and holding oneself out as being willing to undertake professional business at less than the professional charges. Part IV (Sections 25 to 33) deals with miscel laneous matters. The former statutory jurisdiction of the Chief Justice in regard to solicitors is now vested in the President of the High Court. In addition to the grounds set out in Section 49 of the Solicitors' Act 1954, for refusing to issue practising certificates, the Registrar may also refuse to do so if the solicitor has failed to comply with an order of the High Court or with regulations made under Sections 66 or 71 of the Solicitors' Act 1954. Under Section 31 every solicitor to whom the provisions of the Solicitors' Accounts Regulations apply, shall once in each practice year, deliver to the Registrar an accountant's certificate duly signed by him, showing that, in compliance with the regula tions, the accountant has examined the books, accounts and documents of the solicitor or his firm for a specified "accounting period, and that he is or is not satisfied that the solicitor has complied with the Solicitors' Accounts Regulations, and, if not satisfied, the specific matters upon which he is not satisfied. The Society shall, with the concurrence of the President of the High Court, make Accountants' Certificate Regulations setting out these matters in detail. The Solicitor shall not be entitled to obtain a practising certificate until he has complied with these regulations. Section 31 is to come into opera tion on such day as the Minister for Justice, by order made on the request of the Society, appoints. Section 32 abolishes the rule in Clayton's Case, in the case of a solicitor who becomes a bankrupt or dies insolvent. The result is that all proved claims on the client bank account will be paid pro rata: The Council may appoint three additional extra ordinary members from the Council of the Dublin Solicitors' Bar Association. DUBLIN SOLICITORS' BAR ASSOCIATION A Meeting of the Council was held on Wednesday, 3ist August, 1960. The President reported on enquiries he had made with the Dublin Corporation, directed towards expediting the sealing of documents ; and also on the progress in the preparation of the Association's form of Auction Particulars and Conditions of Sale. The Honorary Secretary reported on proposals for the revision of the Association's rules. The fixing of the next meeting was left to the Council, to be elected in October.

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 1960 Distribution of estates of deceased pensioners By Section 19 of the Act the personal representa tive of a person dying after the commencement of the Act, who was at any time in receipt of a pension, shall, before distributing the assets of the deceased, inform the Minister for Social Welfare by notice in writing not less than three months before the dis tribution commences, of his intention to distribute the assets. A personal representative who neglects to give notice and who distributes the assets without payment of any monies due to the Minister, may be held personally liable to repay to the Minister, the amount of any valid claim by the latter against the estate of the deceased. The Act came into operation on ist August, 1960. The Society has been in communication with the Department of Social Welfare (Departmental ref: A.C. 2146/6) on the subject of possible delays in obtaining clearance from the Department which might result in delaying distribution of assets. By letter dated September 26th, from the Department, it is stated that in the normal course a personal representative will obtain a certificate from the Department stating the amount due, or, alternatively stating that there was no claim against the estate well within the statutory period and will then be in a position to distribute the estate without incurring any risk under Section 19 (2) after payment of the amount (if any) due to the Minister. BOOK REVIEW PRACTICE AND PROCEDURE IN THE DISTRICT COURT IN PROCEEDINGS OTHER THAN CIVIL PROCEED ING, by James F. Crotty, LL.B. 8vo., pp. xxxv, 373. Cork University Press, 1960, £3 Anyone who publishes a textbook on Irish law deserves high praise, because the limited market for Irish law books will hardly warrant the effort and expenditure in writing it. District Justice Crotty deserves superlative praise for he has placed his un rivalled knowledge of District Court practice in summary and criminal trials at the practitioner's disposal. The work is most comprehensive, and there is no Act, statutory instrument, District Court rule, or judicial decision bearing on the details of District Court procedure which has been overlooked. The chapters contain numerous sub-headings in heavy type by which the practitioner is led easily to the reference he wishes to look up. There is also a complete index of 23 pages, as well as a table of statutes, and an index to cases. Mr. Justice 0 Dalaigh in his Foreword, has said that the book takes its place worthily beside the first volume of O'Connor's "The Irish Justice of the Peace" and District 53