The Gazette 1944-46

photograph, or film, and Section 2 prescribes that (a) any document (other than a document wholly in print) which is over one hundred years old, (/;) any painting, and (c) any document so de clared by the Minister under Section 2 (a) shall be the articles to which the Act applies. The Act makes it unlawful for any person to export an article to which it applies without obtaining an export licence therefor. Solicitors will need to remember that muniments of title over one hun dred years old are documents within the meaning of the Act which may not be exported from fiire either to Northern Ireland or England except under licence. The Minister is required by Section 4 of the Act to grant an Export Licence on appli cation, subject to obtaining from the applicant such facilities as the Minister may consider necessary for making within a reasonable time photographic copies of the article. Where the applicant for an export licence in respect of an article to which the Act applies affords facilities for the making of photographic copies of the article the Minister has the right to publish or use such copies in any manner which he thinks proper. Solicitor and Property of Bankrupt Client. A solicitor acting for an undischarged bankrupt may find himself in a dilemma in respect of property of his bankrupt client coming into his possession. Is he bound to hold the property for the assignees in bankruptcy as after required property irrespective of the wishes of his client, and to refuse to surrender the property even to his client, or can he obtain a good discharge for the property by dealing with it in accordance with his client's instructions? A careful solicitor in Ireland will hesitate before dealing with the property even on his client's instructions without permission from the assignees, having regard to Section 237 of the Irish Bankrupt and Insolvent Act, 1857. The responsibility of English solicitors has been made lighter by the decision of the High Court, affirmed by the Court of Appeal, in In re Samuel—ex purte the Trustee v. Kennan (61 T.L.R.581). In that case the solicitors for an undischarged bankrupt had on their client's instructions, and on her behalf, accepted delivery of certain jewellery from her husband's solicitors. On their client's instructions they held the jewellery for a short time, and then delivered it to another agent of the bankrupt, whom she had instructed to sell the jewellery with a view to the application of the proceeds of sale for the education of her son. The solicitors delivered the jewellery to their client's agent as instructed,

being aware of the purpose for which she intended to apply it. They did not at any stage notify the trustee in bankruptcy of these transactions. Ultimately the trustee in bankruptcy called upon the bankrupt's solicitors either to deliver to him the articles of jewellery, or to pay him their value, which they declined to do. On proceedings being instituted by the trustee against the solicitors it was held that it had not been established that they had converted the property, and furthermore that as solicitors for the bankrupt they had dealt with the property only in a ministerial capacity, and were not under any duty to withhold from their client property to which they had no claim as solicitors, even although the client had ex pressed an intention of dealing with it in a manner which would infringe the Bankruptcy Act, 1914. According to Mr. Justice Evershed, to hold that a solicitor as an officer of the Court was under a duty to withhold property from his client because he knew that she was an undis charged bankrupt, and would probably deal with it in a manner contrary to law, would place solicitors under an impossible burden, which would be contrary to the interests of justice, and woiild be an unwarranted interference with the position subsisting between solicitor and client. The decision seems to be an admirable one, but in applying it to Ireland consideration must be given to the provisions of the Irish Bankrupt and Insolvent Act, 1857, which seem more far reaching than the corresponding provisions of the English statute. APPOINTMENTS. New Dublin Sheriff. THE Government have accepted the resignation of Mr. Seamus 6 Conchubhair from the office of County Registrar for Dublin. They have appointed him to be Sheriff of the County Borough of Dublin with effect from ]7th September, 1945. Dublin County Registrar. Mr. Micheal 6 Cleirigh, T.D.. Solicitor, has been appointed County Registrar for Dublin. Mr. 0 Cleirigh was admitted in Michaelmas Sittings, 1935, and practised at Ballyhaunis. LAND REGISTRY. 1st August, 1945. FEE ON TRANSMISSIONS ON THE DEATH OF A REGISTERED OWNER. THE Registrar has directed that as from this date no fees are to be charged on any transmission on

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