The Gazette 1946-49

solicitor as an approval fee, he must either pay it to the vendor or allow him credit for it against his costs of sale. The approval fee where it is stipulated for is an indemnity by the purchaser to the vendor against part of his costs and belongs to the vendor. DEATH DUTIES WE observe that the professional author of the ninth edition of the standard work of Hanson's Death Duties, recently published by Messrs. Sweet & Max– well at £3 ios. od., is Mr. Jackson Wolfe, LL.D., who was previously a solicitor in Ireland and is now in practice in England at the Chancery Bar. The work has been completely re-written and is modelled on annotations of each of the relevant sections of the Finance Acts. Mr. Jackson Wolfe is a brother of Mr. J. Travers Wolfe, Solicitor, a former President of the Incorporated Law Society. OBITUARY MR. JAMES W. LANE, Solicitor, died at his residence, i Warwick Terrace, Leeson Park, Dublin, on 8th February, 1947. Mr. Lane served his apprenticeship to Mr. Patrick J. Masterson, Dublin, was admitted in Hilary Sittings, 1926, and practised at n St. Stephen's Green, Dublin, as senior partner in the firm of James W. Lane & Co. MR. JOHN BRISTOW, Solicitor, died at Greenview, Dunmanway, Co. Antrim, on 8th February, 1947. Mr. Bristow was admitted a Solicitor in Trinity Sittings, 1888, and practised as a member of the firm of L'Estrange & Brett, at 9 Chichester Street, Belfast. MR. EUGENE F. COLLINS, Solicitor, died at his residence, Linden, Leinster Road, West, Dublin, on 27th February, 1947. Mr. Collins served his apprenticeship to the late Jeremiah C. Blake, Cork, was admitted a Solicitor in Easter Sittings, 1892, and practised as senior partner in the firm of E. F. Collins & Son, at 19 Eustace Street, Dublin. He was a member of the Council of the Society from 1929 to 1944, and was Vice-President for the year 1934-35. MR. CHARLES J. SPAIN, Solicitor, died at Roscrea, on ist March, 1947. Mr. Spain was admitted in Trinity Sittings, 1890, and practised at Roscrea. MR. JOHN WRAY, Solicitor, died at his residence, The Mall, Rameltdn, Co. Donegal, on ist March, 1947. Mr. Wray served his apprenticeship with the late Mr. John Mackey, Ramelton, was admitted in Trinity Sittings, 1902, and practised at Ramelton. 64 ,

difficulty in having contracts signed. In one case, which was mentioned by a member of the Council, an objection by the purchaser's solicitor to such a clause in the draft contract on a private sale led to the termination of the negotiations for the sale of the property which was sold the next day to another party. The Council are of opinion that the practice of making the purchaser liable for an approval fee in conditions of sale or contracts for sale either by public auction or private treaty is to the advantage neither of the public nor of the profession. They have therefore passed the following resolution : " That in the opinion of the Council no solicitor should include in any conditions of sale or contract for sale prepared by him any condition or clause providing for the payment by the purchaser to the vendor or his solicitor of a fee for the approval of the draft conveyance, assignment or transfer, and that the profession throughout the country be requested to give effect to this resolution." In so far as the members of the public are concerned there is no logical reason why the purchaser should be obliged to pay any part of the vendor's costs of sale which include the cost of approving of the draft deed. The provision imposing such a liability on the purchaser is unfair, and it is difficult to justify it to a purchaser should he question it. The dropping of the custom will not impose any injustice on vendors or interfere with their rights. The right to exact the payment in addition to the purchase money depends entirely on contract, and the practice of imposing such a liability on the purchaser by contract seems to be an arbitrary one, although it has become general in sales by auction. In considering the position as it affects solicitors, regard must be had to the provisions of the General Order of 16th April, 1884, made under the Solicitors Remuneration Act, 1881. By the operation of the Land Registration Rules, 1937, the General Order applies with modifications to sales and purchases of registered land as well as to land not coming within the provisions of the Registration of Title Acts. By part I of Schedule I to the General Order the scale fee is expressed to be the proper remunera– tion " for all charges including .... perusing and completing conveyance." The vendors' solicitor's work of perusing and approving the draft conveyance is included in the remuneration prescribed by the scale, and if the solicitor for the vendor or the purchaser as the case may be, elects to charge the scale fee there is judicial authority that he may not charge anything more than the scale fee. If therefore the vendor's solicitor receives from the purchaser or his solicitor any sum pre– scribed by the contract or conditions of sale as payable by the purchaser to the vendor or his