The Gazette 1974

the passing of certain specified sums of money. Of course there would have to be a full perusal and in- vestigation of title and of other work contemplated by the schedule. The schedule mentions that the trans- action must be "completed". It is clear from the authority of re/Baker, 1912 2, Chancery 405 that an equitable deposit is completed merely by the handing over of title documents. (4) In cases where the equitable deposit is in return for an advance of sums uncertain in the future, it is quite clear that schedule 2 charges must be the basis of the bill of costs. The authority for this is Barton's case (1899), Irish Reports, page 515. The basic reason- l n g here seems to be that it would be unfair to the solici- tor to curtail his charges to amounts actually passing either at the time of the transaction or immediately following thereto. Likewise itwould be unfair to the Parties for the solicitor to charge on the maximum figure allowed should it transpire that no money subse- quently passes hands. In short the entire transaction would be too uncertain for anything other than Sche- dule 2 charges to operate. District Justices acting in criminal and civil side of motor accident cases Members wrote to the Society stating that with the advent of the new jurisdiction in the District Court on fhe civil side there arises a problem which is becoming increasingly common. Certain District Justices who nave already heard cases on the Criminal side such as Prosecutions for dangerous driving are later presented with the civil claim and are expected to adjudicate thereon. Members felt that it was not correct for a District Justice to hear a civil claim having disposed the Criminal hearing. The Council felt that the practice of District Justices to hear both criminal Prosecutions and civil claims arising out of the same circumstances was undesirable. Society's conditions of sale In view of the Auctioneers' and House Agents Act 1973 which provides that auctioneers' fees cannot be passed on to the purchaser, the Society's conditions of sale were considered by the Council and it was decided that the same should be altered only by the deletion of reference to auction fees. Society's requisitions on title The Council decided to publish a letter received from Patrick Noonan, Solicitor, Athboy, concerning the ^ociety's requisitions on title and to invite comment Irom practitioners concerning the Society's standard re quisitions. (See page 41.) Delay in the Valuation Office . Members wrote complaining of delay in the Valua- tion Office. The Council decided that member's letter should be published in the correspondence section of he Gazette and the comments of practitioners sought, l^ee page 42.) Consideration of the Twelfth Interim Report of the Committee on Court Practice and Procedure Short details of this report was published in the iNoyember issue of the Society's Gazette page 225. The ociety has asked Bar Associations for their comments, his matter is to be considered by the Council a ttheir ebruary meeting and Secretaries of Bar Associations or an V other practitioners who wish to make a submission the Society concerning this report should write ^me d i a t e ly to the Director General of the Society.

The President and Vice-Presidents

Mr. Peter D. M. Prentice, Senior Partner of the firm of Messrs. Matheson, Ormsby and Prentice, 20 Upper Merrion Street, Dublin 2, was elected President on 13 December 1973 and will hold office until December 1974.

Mr. William Anthony Osborne of the firm of Messrs. Brown & McCann, Naas, Co. Kildare, was elected Senior Vice-President for the same period.

Mr. Bruce St. John Blake, B.A., LL.B., who practises at 93 Lower Baggot Street, Dublin 2, was elected Junior Vice-President for the same period.