The Gazette 1952-1955

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May, 1952

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

President A rthur C ox

Vice-Presidents D esmond R . C ounahan ll . d . G erald J . O ’D onnell

Secretary E ric A . P lunkett

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL ijt h M ay , 1952. The President in the Chair. Also present: Messrs. Desmond R. Counahan and Gerald J. O’Donnell, Vice-Presidents, Reginald J. Nolan, John R. Halpin, Derrick M. Martin, James J. O’Connor, John A. Dundon, John J. Nash, John L. Kealy, William J. Norman, Joseph Barrett, Francis J. Gearty, Patrick R. Boyd, John J. Sheil, Henry St. J. Blake, James R. Quirke, Desmond J. Mayne, George G. Overend, John Carrigan, Dermot P. Shaw, Cornelius J. Daly, Louis E . O ’Dea, John Maher, Thomas A . O’Reilly, Patrick F. O ’Reilly. The following was among the business trans­ acted :— Charges for Arbitrations in the Council Chamber O n a report from the Finance Committee it was decided to reduce the charges for arbitration in the Council Chamber. A note o f the revised charges appears in this issue o f the G azette .

Agency between English and Irish Solicitors O n a report from a Committee the Council con­ sidered a letter from the Law Society, London, referring to Rule 3 of the English Solicitors’ Practice Rules, 1936, by which it is provided that an English solicitor “ shall not agree to share with any person not being a solicitor or other duly qualified legal agent practising in the United Kingdom o f Great Britain, Northern Ireland and India, or any other British dominion, colony, or dependency, his profit costs in respect o f any business either contentious or non-contentious.” Enquiries were received by the English Law Society from their members as to whether the sharing o f profit costs with solicitors practising in the Republic o f Ireland is permissible under Rule 3. The English Law Society asked for the observations o f this Society on the matter. On a report from a Committee the Council decided to reply to the English Law Society suggesting that the provisions of Rule 3 o f the English Solicitors’ Practice Rules, 1936, should be amended so as to enable English solicitors and Irish solicitors to allow to each other the usual agency commission as heretofore. 1

GENERAL MEETING OF THE SOCIETY " ' A G eneral Meeting o f the Society was held in the Society’ s Library on Thursday, 15 th May, 1952. The President, Mr. Arthur Cox took the Chair. The following members of the Society signed their names as being present:—R. J. Nolan, D. M. Martin, Joseph Barrett, Henry St. J. Blake, Patrick R. Boyd, John Carrigan, Desmond R. Counahan, Francis J. Gearty, John R. Halpin, John L. Kealy, John Maher^Desmond J. Mayne, John B. McCann, John J . Nash, William J. Norman, James J. O’Connor, L . E . O’Dea, Gerald J. O’Donnell, George G. Overend, James R. Quirke, Detmot P. Shaw, John J. Sheil, Cornelius J. Daly, Joseph P. O’ Connell T. Desmond McLoughlin,-Desmond Moran, A. E. Ashton, Reuben J. Dodd, E . J. Kenny, T. G. Kenny J. P. Smyth, N. A. Peilow, Denzil O’Donnell, Peter Leon, Ernest Proud. The notice convening the meeting was by per­ mission o f the meeting taken as read. The Minutes o f the Ordinary General Meeting held on 42nd November, 1951, were read, confirmed and signed by the Chairman. The Chairman announced that he nominated the following members o f the Society to act as Scrutineers o f the Ballot for the election o f the Council to be held on 20th. November, 19 52 :—John R. McC. Blakeney, Desmond J. Collins, Thomas Jackson, Brendan P. McCormack, Roderick J. Tierney. The Chairman addressing the meeting said “ Ladies-and-Gentlemen, Since-the last meeting o f our Society death has, as always, taken its toll o f our members. The Profession is the poorer by the deaths of the following members of the Society : Rory Fitzgibbon (Killaloe), Patrick O’Flynn (Manorhamilton), George M. Meares (Dublin) a former member o f the Council, Richard^ C. Long (Dublin), Daniel O’Connell (Dundalk), Joseph Kearney (Tullamore), Wm. S- Huggard (Ballina), Wm. J . Baxter (Belfast), John H. Collins (Newry), Francis A . Gloss (Belfast), Thomas A . Colfer, (Waterford), James McGuirk (Drogheda), Richard Connolly (Cashel), James J. Lynch (Kells), Wm. A. Beers (Dublin), Richard C. Keohane (Strabane), John C. Garvey (Westport), Cecil Baillie-Gage (Dublin), Ml. J. Kavanagh (Waterford), Johm G. Oulton (Dublin), P. J. Ruttledge (Dublin), Stephen Derkin (Sligo). O f these, three were ex-Presidents and one was a former Vice-President of the Society. Mr. Daniel O’ Connell had so recently occupied that office that his passing was-a particular sorrow to all those members o f the Council who had worked with him. A ll honoured him as a loyal colleague arid friend. 2

Sale of right to obtain a lease. Costs and Stamp Duty T he Council considered a report from a Committee pn queries submitted as to the costs and stamp duty payable in the following circumstances A agreed to grant a lease of a site to B for a long term at a yearly rent of £ 10 . The agreement was informal. B entered into possession and built a house before the lease was granted. B subsequently agreed to sell his interest to C for £3,500. It was arranged that A should grant the lease direct tQ_ C as B ’s nominee. Member acted for A and B in connection with the proposed lease and acts for B in connection with the sale to C. The considera­ tion in the lease from A to C will be the yearly rent o f £ 10 and the lessee’ s -covenants and con­ ditions. It was stated that the payment of £3,500 from C to B will not be mentioned in the lease. The title of the lessor to make the lease will be deduced direct from A to C. Member asked for the guidance o f the Council as to (a) on what basis the costs of the two transactions should be paid ; (b) who is liable for the costs. The Council -were o f the opinion that (i) On the facts stated the payment o f £3,500 from C to B should he stated in the lease from A to C and is chargeable with stamp duty. (ii) The costs (if any) of the uncompleted lease from A to B are taxable under Schedule 2. Each party is liable for his own costs of this work. (iii) The costs of the completed lease from A to C are taxable on the higher scale, Schedule 1, Part 2, S.R.G.O. 1884 as amended. (iv) Member who acted for both the lessor A and the builder B is entitled against the lessor to the lessor’ s commission scale fee on the rent, and against the builder B to the com­ mission scale fee on the premium. If, however, the lease from A to C does not refer to the premium o f £ 3,500 paid to B no commission scale fee is chargeable on this sum. As member acted for both A and B he is entitled to one set o f charges only (S.R.G.O. 1884, Schedule x, Part 2, Rule 2). (v) Incidence of costs of completed lease A to G B must idemnify A against the costs, and he pays all the costs of granting the lease charged on the fine and the rent, to include showing title. C pays his own solicitor the costs of completing the lease and investigating title.

Mr. James J. Lynch, o f Kells,' served as President in 1933-34 and retired from the Council some years ago after many years of valuable service on the Council and its Committees. Mr. Basil Thompson, President in 1927-28 had retired from the Council before I joined it, but to me he had always been a kind, good and helpful friend. Mr. Huggard, a former Vice-President, died while still a member o f the Council. His memory will long be treasured by his colleagues. Mr. Ruttledge played a leading part in the momentous years of the establishment of the Irish State. He held office as a Minister of State for a long period and continued till his death to be a Member of the Dail. In these high offices he added lustre to the profession. He was an ex-Auditor of the Debating Society. As a fellow student and friend I personally mourn his loss. May the Eternal Light shine upon them all. I am indeed happy to say that my immediate predecessor, Mr. Roger Greene, who did so much service, is making progress towards recovery from his long illness. I am sure that all will join in wishing him an early restoration to good health. New Library I should like to open what I have to say by referring to what you will all have noticed, and I hope approved. I refer to the conversion of the Hall into the Library o f the Society. The storied wisdom of the ages which now lines our walls adds I think not only to our learning, but also to the dignity o f our surroundings. It is, I think, now a meeting, place worthy o f our Society. Centenary o f Charter Before attempting to deal with the various matters of interest to us which have arisen since the- Annual General Meeting o f last year, I should like to say that the arrangements for the celebration o f the Centenary of the Society are well advanced. As you all know, they will commence with the Reception by the Council on Tuesday evening, 27th May. This will take place in the Central Hall o f the Four Courts and in our own building. I should like to thank the Chief Justice and the Commissioners o f Public Works for their kind permission. In its long story the Four Courts have seen much o f the history o f the country enacted within their walls. I hope, that this happy occasion will be remembered for long as one o f the brightest moments in that lengthy chronicle. It is to be hoped that every solicitor who can possibly manage to do so will come. We shall have the honour and pleasure of entertaining the heads o f other Law

Societies as well as very many o f our good friends from whom we have received so many kindnesses. After the Reception the Solicitors Apprentices Debating Society hold their Dance at the Gresham Hotel. Many of those who attend the Reception will I trust go on to the dance. I should like to congratulate the Debating Society on their decision to join their youth in this celebration o f our age. The following day, Wednesday 28th May, will see the principal events o f the celebration. In the morning there will be a Solemn Votive Mass at the Pro-Cathedral by the gracious permission of the Archbishop, and I am happy to say that His Excellency the Nuncio will also be present. At the same hour there will be a service in St. Patrick’s Cathedral. After this dedication o f the Society, the General Meeting will be held in this Hall at 12 o’clock. All members who can possibly do so should attend. The Chief Justice, the Attorney General, the Govern­ ment and the representatives of the Law Societies have promised to come. This also will, therefore, be an event to remember. Strictly speaking, it might be called the very heart o f the celebration. In the afternoon the President of Ireland has more than graciously and kindly invited us to the garden party he is generously giving at the Phoenix Park. It is a very great gratification to all of us that the head o f our country should honour our Society in such a manner. I f I may venture to say so, this act on his part is merely anotter proof o f the un­ selfishness with which he h a ; always done what has been fitting and gracious. We are indeed honoured by his recognition o f our Society. That evening our celebrations will end with the Dinner, at the Gresham Hotel. It is to be regretted that notwithstanding the great accommodation which the Hotel can offer, the numbers to be seated are such that we have perforce had to limit in a way we would not have wished, the number o f our guests as indeed the number o f our own members. In particular, it is to be regretted, that ladies other than members of the Society, cannot be accom­ modated. I hope, however, that they will understand why this has to be so. The reception, the dance, and the garden party must be our excuse. The preparations for the centenary have meant a good deal of hard work. Most of it has as usual fallen to the lot of Mr. Eric Plunkett, whom we must thank for this as for so much else. But all have done their part. It is invidious to thank individuals where everyone has helped, but I must perhaps single out our two Vice-Presidents and Mr. Quirke for very special thanks. But every man has done more than his best.

Solicitors’ Bill Having thus briefly referred to our celebration o f what was done for us a hundred years ago by an alien government, I am glad to say that once again there is every hope, prospect, and assurance that the long deferred Solicitors Bill for which we have so long agitated, may soon be introduced in the Dail. It has been a long struggle. Many o f our Vice- Presidents had hoped that it might have been introduced in their terms o f office. I am, however, now told that it may come very shortly. At times we have perhaps chafed at the delay, but we do appreciate the kindness which we have throughout received from the present Minister for Justice and from his predecessor, and also from the officials of the departments mainly concerned. We believe that this Bill may yet be our new charter. Perhaps our descendants may celebrate its centenary with the bi-centenary o f our charter. As you all know, some o f the important provisions which we have sought will enable us, as is hoped, to provide a Compensation Fund, to be applied at the discretion of the Council in cases in which the money o f clients may not be accounted for. Such cases are, I am thankful to say, rare but we are anxious to have the necessary power to endeavour to make provision for them. Equally, or still more important, will be the powers given to the Society to require proper accounts to be kept by all solicitors and to segregate their money while it is in our hands. Those o f us whose duty it has been to take part in the disciplinary functions o f the Society know that where financial deficiencies have in the past arisen, the cause has most often been that the solicitor concerned had failed to keep his accounts properly and had so found himself almost unknowingly on the wrong side. It is our sincere trust that the Bill when it comes will fortify us in preventing such things happening in the future. It is surely the duty o f the Government and the Legislature to give us these essential powers. It is no exaggeration to say that the sums which pass through the hands of solicitors are in the aggregate exceedingly large. The losses have been small indeed. I f the intro­ duction of the Bill coincides with our centenary year, it will be a happy augury. Legal education. Text books Allied to the questions linked with the Bill are those o f the legal education available to our pro­ fession. Once again one must refer to the paucity o f law books suitable for either the student or the practitioner. I do not think that it is sufficiently realised by those who govern us, or by the public, how essential these are. Our system o f a combination i 4

o f statute law and decided cases makes absolutely essential the publication and periodic bringing up-to* date o f adequate text books. This need is in the United Kingdom met adequately by the constant production and renewal o f standard works upon which the profession and even the judiciary must rely to assist their labours. In this country the market is so small that any adequate reward for such work can be received by neither author nor publisher. We, who have grown old since the inauguration o f the Irish State, have been able to build on the books which were current in our youth. This is, however, not possible to the younger men or to the student. In the absence o f proper books there is the real danger of the Law becoming an uncharted sea. The Legislature is active with new statutes, the Courts with new interpretations. I f our legal system is to function adequately there must be books o f reference. There are, in fact, almost none. The situation grows worse daily. It can be remedied only by some State financial aid. One does not like to suggest new public expenditure, but this would be both essential and small. In this connection I must refer to the surprising fart that even the bound volumes o f the Irish Statutes come only up to 1947. We are four or five years in arrear. This, at least, should not be so. The Council has made representations to the Department o f Justice on these questions, and they have been sympathetically received. Here also definite action would be most welcome. University Degrees I do not wish to leave this part o f my subject without referring to what is, I think, most regrett­ able, namely the diminishing number o f our appren­ tices who take University degrees. In the decades following the first world war something approaching one-third o f the newly-admitted solicitors were University graduates. To-day the number would hardly reach five per cent. That this is so is no doubt mainly due to the increasing demands on the work which they must do during apprenticeship. The difficulty and expense o f obtaining suitable lodgings and the expense o f living in Dublin are, no doubt, contributing causes. It is however to be very deeply deplored. I understand that in Northern Ireland an apprentice must before signing his Articles, have obtained a University Degree. The struggle to obtain the facilities for University education was one o f the great tasks o f our fathers. It is tragic that what they achieved should now be neglected. In my view an apprentice who had first obtained his University Degree should be entitled to serve a much shorter apprenticeship. This is a

matter to which Our Council must pay attention if and when we are armed by the Bill with the appro­ priate powers. Solicitors’ Remuneration Like every other class in the community, solicitor5 have been affected by the falling value o f money- Relief to us was long delayed. Since our last meeting, however, the Solicitors Remuneration General Order, 1951, has been made under Section 2 o f the Solicitors Remuneration Act, 1881. It has I think been received with real satisfaction. I should pay tribute to the work done by various members o f the Council in obtaining, but especially to that o f Mr. Roger Greene, who was President at the time o f the principal discussions, and who did not spare himself in his efforts, to which indeed success was mainly due. The Council is still active in regard to remunera­ tion. An application for an increase in Land Registry fees is still pending. Stamp Duties For some years our President has at the May meeting made reference to the heavy burden imposed by the new Stamp Duties. Some little relief has been given by the recent Budgets, but the amounts still appear to the Society to be unreasonable and unjust. They amount to a capital tax. The Exchequer might well have been satisfied to retain the long established one per cent, rate, which would itself have provided a rich harvest as values increased. It is easy to understand that taxation must in these times be heavy if the needs o f the country are to be provided, but so heavy an impost on the transfer o f property represents a tax not fairly spread upon all classes o f the community. All o f us have known many cases in which it weighed very oppressively. To the solicitor it is a particularly unpleasant tax, because he is willy nilly the collector. Government departments It has always been the experience o f the solicitors’ profession to receive courtesy and consideration at the hands o f the Civil Servants who staff our public departments. This certainly has always been my lot. That we should have to complain o f delays in the various offices with which we have particularly to deal has been no fault o f those who work in them, ut rather o f the inadequate staffing. The work of these offices has been very greatly increased of recent years. The increased and complicated rates or stamp and death duties have, for example, entailed far more work in the Stamp, Probate and

Land Registry offices than in the past. The Council has perforce had to make representations in Such matters as these. These representations have always been courteously received. Location o f Legal Offices The time has, I think, come when some reorganisa­ tion and re-grouping o f such offices should be considered. Much time is lost to solicitors and their assistants by the scattering o f such offices throughout the city. It is quite illogical. An obvious example is the Registry o f Deeds, situated far from the Land Registry and the Courts where our clerks have to spend much o f their time. The Land Registry building will no doubt soon need extension. It would be a very great reform if the Registry o f Deeds could be moved to stand beside the Land Registry. This might be done by transferring to it the building adjoining the Four Courts devoted to the Public Record Office and perhaps transferring the Record Office to Henrietta Street. It would, indeed, be a sensible reform if all the public offices now spread between Henrietta Street, the Custom House, St. Stephens Green, and so on, could be concentrated. No doubt such a programme might entail a public expenditure not welcome at the moment, but plans should at least be made. Law Reform This Society has often advocated the great necessity for reform and modernisation o f what I might call the bread and butter law, namely the laws which govern the every day affairs o f the community. It is to be regretted that in this respect Ireland has lagged behind other countries. Perhaps we have been too much concerned with what have seemed more urgent things. It is at least welcome to report that a beginning has at last been made with Company Law on which a Commission has now been sitting for some time. The Society is rep­ resented on this Commission and I hope its labours will bear good fruit. I hope that the start so made will be imitated in other branches o f the law which perhaps need modernisation even more. I believe that we have delayed too long in trying to adapt the body o f laws we took over in 1922 to the special needs o f our own community and country. One o f my pleasanter duties as President has been to attend the annual dinners o f several o f our Bar Associations throughout the country. The experience has been an invigorating one. There is nothing that can help our profession better than the growth and strength o f the Bar Associations. I would end these brief remarks by once again 5

next issue o f the Society’ s G azette . ’Advertisements Will be published either over the names o f the solicitors concerned or over a box number. If published over the solicitor’s name the exact details of the property need not be given. I f pub­ lished over a box number the property should be specified. The charge for members is 5/- for the first 30 words and id. for each additional word, with double rates for non-members. TI-IE REGISTER , Section B . S olicitor practically, four years experience, at present employed, desires change. Experienced in Court, Probate and general office practice. . Preferably Dublin. Box No. B. 160. S olicitor newly qualified seeks assistantship. Dublin City preferred. Box No. B. 16 1. The Practice previously carried on under the name of Darley, Orpen & McGillycuddy will as from the 26th, May, 1952, be known as Darley & Company. OBITUARY M r . P a tr ick J. R uttledge , Solicitor, died at his residence, “ Ardagh Park,” Newtownpark Avenue. Blackrock, Co. Dublin, on the 8th May, 1952. Mr. Ruttledge served his apprenticeship with Mr- John J. Sheil, Solicitor, 14 Bachelor’s Walk, Dublin, Was admitted in Trinity Sittings, 191-8, and practised at 16 MolesWorth Street, Dublin. M r . S tephen H. D erham , Solicitor, died at his residence, St. Bridget’s Villas, Pearse Street, Sligo-, on the n th May, 1-952. Mr. Derham served his apprenticeship with Mr. William J. O’Reilly, Solicitor, Sligo, was admitted in Trinity Sittings, 1923, and practised at Sli-g0-’ M r . A lexander S. M e r r ic k , Solicitor, died at his residence, Meadow Bank, Whitehouse, Belfast, Co. Antrim, on the 10th May, 1952. . Mr. Merrick: served his .-.apprenticeship with .the late Mr.. Charles H. F.’ Brett, Solicitor,. Belfast, was admitted in Hilary Sittings, 1902, and practised at 7 Wellington Place, Belfast, as senior partner in the firm o f Messrs. A . S. Merrick & Son. He was an Extraordinary Member of the Council from the-year 194340 the date o f his:..death. .. .. ;> Section C . C H A N G E O F N A M E

exhorting those solicitors who are not members already o f the Society to-' join it immediately. It should be -the first act of every Solicitor on his admission to join the Society. : The several topics to which I have so briefly referred constitute merely some of the heads of the work transacted by the Council. Those o f you who read the reports of the meetings- o f the Council in bur Gazette: will have some idea of the field which has to be covered. It would be burdensome for me to attempt to particularise, all now. I f there are any points upon which I have not touched, I hope that they will be raised in the questions which I shall now invite.” Mr. T. Desmond McLoughlin asked whether the Council were considering the long standing question o f the appropriation of part of-the stamp duty on Indentures of Solicitors’ Apprentices for the purpose o f the Kings Inns. The President replied that the question of stamp duty payable on the Indentures of Solicitors’ Apprentices generally was receiving the attention of the Council. Mr. Desmond Moran asked whether the Council had made any represen­ tations on the subject of the fixed Easter vacation introduced in 1942 which, he said, has resulted in the loss of a week for the hearing o f High Court actions in an average year. The President stated that this matter was under consideration by the Council in co-operation with the General Council of the Bar. Mr. John Carrigan moved a vote of. thanks to the President.for. taking the Chair and for his speech at the meeting. The. President briefly replied and as there was no further business the proceedings terminated. . CHARGES FOR THE USE OF THE COUN- CIL CHAMBER FOR ARBITRATIONS. T he Council have decided to reduce the present charge for the use of the Council Chamber for arbitrations, which is five. ■ guineas, for the first day and three guineas for each subsequent day or part thereof. The new charge, which is-now in force, is a flat rate, of £ 2 .. 1 os. for each day or part thereof on which the room is used. The present charges for the use o f ordinary consultation rooms are unchanged. ADVERTISEMENTS IN THE SOCIETY’S REGISTER ■; v T he Council invite members' to use the Society’s G azette for the purpose of advertising property for sale or wanted on behalf o f clients. Such adver­ tisements. when received will be published, in the

PRESENTATION OF ADMISSION CERTIFICATES O n 15 th May, the President presented certificates of enrolment to newly-admitted solicitors. The President addressed them as follows :— “ Ladies and Gentlemen, “ The very great pleasure falls to my lot to-day as President to present to you your Certificates of admission to our profession. To each o f you your Certificate is at once the prize o f long and arduous toil and the key to a new career. To-day should mean as much to each o f you as does the receipt o f his sword by a young officer in our army. It confers on each o f you a new and very great honour, and also a new and very great responsibility. Your Certificate will, I am sure, be to each o f you a lifelong treasured possession. To each and every one o f you I offer to-day on behalf o f the Council and myself, every congratulation and good wish. I trust that each of you will in the years to come look back on to-day as the commencement o f a happy, prosperous and useful career. This is the Centenary o f our Charter. It will be for you to continue and maintain the traditions o f the past.”

Certificates were presented to the follow ing:— D ermot J. A. D ev lin , 4 Bayswater Terrace, Breffni Road, Sandycove. F rancis B. G eary , Limerick. J oseph G r if f in , Newtown, Moate, Co. Westmeath C. A rthur L avery , Carrickbrennan, Monkstown, Co. Dublin. J ames H. M ack ey , 98 Upper George’s Street, Dun Laoghaire. M iss M ary N oone , Claremorris, Co. Mayo. W illa im S. O ’B r ien ; Brackhill, Castlemaine, Co. Kerry. P a tr ick D. O ’C onnor , Ballaghadereen, Co. Ros­ common. M iss U na M ary O ’H igg in s , “ Carrig Breac,” Baily Co. Dublin. M iss E unice D. J. S pendlove , 18 Marine Drive, Sandymount, Dublin. M rs . T eresa B. W helan , Carrick-on-Suir, Co. Tipperary.

CENTENARY OF CHARTER The Council contemplate publishing a souvenir record of the Centenary functions with photographs taken on the occasion, summaries of the addresses delivered, the names of those who participated and other suitable matter. The price w ill not exceed the prin­ ting cost. W ill members who would like to have copies kindly notify the Secretary, stating the number of copies required.

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THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

President A rthur C ox

Vice-Presidents D esmond R. C ounahan ll . d . G erald J . O ’D onnell

Secretary E ric A . P lunkett

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL 5TH J une , 1952. The President in the Chair. Also present: Messrs. Desmond R. Counahan, Vice-President, Joseph P. Tyrrell, John Maher, Thomas A. O’Reilly, Sean O hUadhaigh, Patrick R. Boyd, Reginald J. Nolan, James R. Quirke, James J. O’Connor, William J. Norman, John J. Sheil, Ralph J. Walker, John Carrigan, George G. Overend, Joseph Barrett, Dermot P. Shaw, John R. Halpin. The late Mr. Alexander S. Merrick T he Council passed in silence a vote o f sympathy with the relatives o f the late Mr. Alexander S. Merrick, o f 7 Wellington Place, Belfast. Mr. Merrick was admitted in Hilary Sittings, 1902, and from 1943 to the time o f his death was one o f the extraordinary members o f the Council from the Incorporated Law Society o f Northern Ireland. Lecturer in Common Law O n a report from the Court o f Examiners the

Council appointed Mr. Liam D. McGonagle, B.A., as lecturer in Common Law in place o f Mr. J. P. O’Connell, whose term o f office has expired. General Meetings T he Council considered a report from a Com­ mittee which recommended that the present practice of holding ordinary General Aleetings in the months of May and November each year should be dis­ continued and that one meeting should be held yearly in the month o f November. The Council did not adopt the Committee’s report and decided that the present practice o f holding two meetings should be continued. Land Registry Costs T he Council considered a report from a Committee which stated that this matter has already come before the Council in connection with the proposal to apply for an increase in the commission fees on sales o f registered land. The report stated that the necessary submission to the Land Registration Rules Committee had been drafted and approved 9

In answer to a preliminary enquiry before contract as to whether the property had suffered damage, the vendor's solicitor, in good faith, replied, “ I understand not,” and after contract replied to a requisition as to whether the replies to the preliminary enquiries would still be the same, “ Confirmed.” The property had, infact, sustained considerable damage. Can damages be recovered by the purchaser ? No. The English Court o f Appeal held that the answer to the preliminary enquiry did not constitute a warranty (Mahon v. Ainscough, 1952. 1 All E. R. 337 )- A n accused convicted o f a criminal offence successfully appealed against conviction on legal grounds. The Court o f Criminal Appeal quashed the conviction and sentence and ordered that the costs o f the application when taxed and ascertained should bepaid by the State. On what basis should the costs be taxed ? The Taxing Master disallowed certain items in the bill and an application was made to the High Court for a review o f the taxation o f the costs. The Taxing Master in his report pointed out that there are no rules, regulations, or schedules o f fees dealing with costs in criminal matters and referred to the judgement o f the President o f the High Court in the People v. Daly (1951 1 I.R . 1x3) in which the President said that on the taxation o f the costs o f a person to whom legal aid has been assigned the costs ought to be measured rather more strictly than they would be in an ordinary bill where the costs are not being paid out o f public funds. Kings- mill Moore, J., in the present case, held that a distinction must be drawn between cases in which legal aid has been assigned, and cases in which there has been no assignment but the State has been ordered to pay the costs under Section 5 (1) ( b ) o f the Courts o f Justice Act, 1928. The dictum o f the President in Daly’s case did not apply to a case where there has been no assignment and where the prisoner is paying his own costs with a right o f indemnity against the State under an order of the Court. He referred the matter back to the Taxing Master, pointing out that he is not bound by the directions o f the President in Daly’s case, but is entitled to use his discretion in the matter, bearing in mind the seriousness, length and diffi­ culty o f and the issues involved in the case, and to award such costs as the Master should think fair and reasonable, bearing in mind that the State is entitled to expect not less favourable treatment as to costs than would be given to any other party in legal proceedings. (The People v. Moscow, 1951 x.R. 169).

Where a successful party in litigation is awarded costs against his opponent to be taxed as between solicitor and client, as in the case where the costs are to be paid out of a commonfund in which the client and others are interested, upon what principles should the Taxing Master use his discretion ? In Giles v. Randall (1915 i- K . B. 290) Buckley, L .J. said, “ There are three modes o f taxation as between solicitor and client when the costs are to be paid by the unsuccessful to the successful party in an action. The first is the method applicable where a client is taxing his own solicitor’s bill o f * costs, usually called taxation as between solicitor and own client. The second is where the costs are to be paid out o f a common fund in which the client and others are interested. The third is where the costs are payable by one party to another, or out o f a fund in which the party entitled to the costs has no interest. A practice has grown up, which I must say I regret, o f differentiating between taxation o f costs as between solicitor and client and as between solicitor and own client. In the former case the taxation is substantially a party and party taxation on a more generous scale.” In the recent case o f Reed v. Gray (1952, 1 All E.R. 242) it was held that the statement in Giles v. Randall that “ a solicitor and client taxation is substantially a party and party taxation on a more generous basis ” was merely an obiter dictum and was not binding. In Reed v. Gray the defendant was ordered to pay to the plaintiff his costs as between solicitor and client, to be taxed as in the case where the costs are payable by one party to another out o f a fund in which the party entitled to the costs has no interest. In Gibbs v. Gibbs the costs were ordered to be taxed as between solicitor and client, as in the case where the costs are payable out o f a fund in which the parties have a common interest. It was held that the test to be applied by the Taxing Master in Giles v. Randall and in the present case was the same, merely, R.S.C. (England), Order 65, Rule 65 (28), (See corresponding Irish Order R.S.C. (Ireland) 1905, Order 65, "Rule 27 (29)) which disallow costs incurred through over caution, negligence, or mistake. While the in­ demnity against an unsuccessful opponent given by an order for taxation as between solicitor and client is not as wide as an indemnity under an order for taxation as between solicitor and own client, it nevertheless enables the Taxing Master to increase the fees which would be allowed as between party and party and to allow fees which would be disallowed as between party and party subject to the limitation o f R.S.C. (Ir.) Order 65 rule 27 (28). (Gibbs v. Gibbs 1952. 1. T.L.R . 1143). 12

CENTENARY OF SOCIETY’S CHARTER T h e celebrations on the occasion o f the Centenary o f the Charter o f Incorporation o f the Society were held on 27th and 28th May, 1952. On the evening o f Tuesday, May 27th, the President o f the Society and Mrs. Cox received a distinguished gathering o f about 1,100 members and guests o f the Society at a reception in the Round Hall o f the Four Courts and in the Society’s Library. The Round Hall, passageways and the vestibule of the Bar Library were kindly placed at the disposal o f the Society by the Commissioners o f Public Works. The Round Hall and the Society’s Library were decorated with flowers and a programme o f music was given throughout the evening by Mr. Jack Cheatle’s orchestra. Among the guests who accepted invitations to the reception were An Taoiseach, Mr. Eamonn de Valera; the Most Rev. Dr. McQuaid, D.D., Archbishop o f Dublin and Primate o f Ireland; the Most Rev. Dr. Dunne, Bishop o f N ara; the Right Rev. Mgr. Benelli, Secretary o f the Apostolic Nunciature; the Very Rev. W. C. de Pauley, Dean ot St. Patrick’s Cathedral; Dr. James Ryan, Minister for Social Welfare; Mr. Sean Moylan, Minister for Education ; Professor Liam O Buachalla, Chairman, Seanad Eireann; the Right Hon. Andrew Clarkin’ Lord Mayor ot Dublin; Mr. J . A. Costello, S.C.’ Mr. Sean McBride, S .C .; Mr. James Dillon, T .D .; Dr. Michael Tierney, President, University College’ Dublin; Dr. A . J . McConnell, Provost, Trinity College, Dublin; the Right Rev. Mgr. Kissane, President o f Maynooth College; Dr. J. J. McElli- gott, Secretary, Department of Finance; Mr. T. J. •Coyne, Secretary, Department o f Justice; Mr Philip O’Donoghue, S .C .; Mr. H. J. Catchpole’ President, Incorporated Law Society of Northern Ireland ; Messrs. G. E. Warren and F. H. Mullan, Vice-Presidents, Incorporated Law Society o f Nor- tnern Ireland; Mr. R. B. Mayne, Secretary, Incor­ porated Law Society o f Northern Ireland ; Mr. G. A. Collins, President, Law Society, London; Mr. T. G. Lund, Secretary, I.aw Society, London ; Mr. J S. Muirhead, President, Law Society of Scotland; Mr. R. B. Laurie, Secretary, Law Society o f Scotland; the Hon. Conor A. Maguire, •Chief Justice; the Hon. Mr. Justice Davitt, the Hon. Mr. Justice Murnaghan, the Hon. Mr. Justice Lavery, the Hon. Mr. Justice Martin Maguire, the Hon Mr. Justice Haugh, the Hon. Mr. Justice Kingsmill Moore, the Hon. Mr. Justice Dixon, the Hon. Mr. Justice Budd, the Hon. Mr. Justice . yine> the Hon. Mr. Justice Shannon, the Attorney-General, Mr. Carroll O’Daly, S.C.

The reception was also largely attended by the Circuit Judges, District Justices, the heads o f other professions, County Registrars, permanent heads of the Civil Service and members o f the Diplomatic Corps. In addition to the President and Council o f the Society the reception was attended by about 350 members and their wives and lady guests. We were also privileged to have with us the wives of the Society’s guests. After the reception many o f the members and guests of the Society attended a dance held in the Gresham Hotel by the Auditor and Committee of the Solicitors’ Apprentices’ Debating Society, in honour o f the occasion. On the morning o f Wednesday, May 28th, Mass o f the Holy Ghost was solemnised in the Pro- Cathedral, Marlboro’ Street, in the presence o f the Most Rev. John McQuaid, D.D., Archbishop of Dublin and Primate o f Ireland. The celebrant of the Mass was the Rev. F. J. Kenny, C.C., Pro- Cathedral. The clergy present w ere: Right Rev. Mgr. Kissane, President, Maynooth College; Very Rev. R. McNevin, D.D., Administrator, Pro- Cathedral; Rev. M. P. O’Connell, D.D., Arch­ bishop’s House; Very Rev. Father Cormac, O.F.M. Guardian, Merchants’ Quay. The Taoiseach, Mr. Eamonn de Valera and the Lord Mayor o f Dublin, Senator Andrew S. Clarkin, occupied special prie- dieus, and the attendance included the Minister for Agriculture, Mr. Walsh ; the Ceann Comhairle, and the Chairman o f Seanad Eireann ; members o f the Judiciary, representatives o f the Universities and o f the Bar, and members o f the Society. A Church ot Ireland Service was held on Wed­ nesday, May 28th, at St. Patrick’s Cathedral. Lessons were read by Rev. R. G. Livingstone, Methodist Centenary Church and the Rev. T. A. B. Smyth, B.A., Christ Church, Rathgar. The sermon was preached by Very Rev. Dr. R. Wyse Jackson, Dean o f Cashel. The attendance included the Hon. Mr. Justice Kingsmill Moore, the Hon. Mr. Justice Budd; the Minister for Posts and Telegraphs, Mr. Erskine Childers ; and the following representa­ tives o f other Law Societies—Mr. H. J . Catchpole President, Mr. G. E. Warren and Mr. F. H.’ Mullan, Vice-Presidents, and Mr. R. B. Mayne, Secretary, Incorporated Law Society o f Northern Ireland ; Mr. Geoffrey Collins, President, and Mr. T. G. Lund, Secretary, Law Society, London; Mr. J. S. Muirhead, President, and Mr. R. B* Laurie, Secretary, Law Society o f Scotland ■ ' the* Provost, Trinity College, Dublin; Mr. Wm. Carson S,C. Chairman General Council o f the Bar ot Ireland and members o f the Society. A Special General Meeting o f the Society was held in the Library, Solicitors’ Buildings, Four

Courts, at 12 o’clock on Wednesday, May 28th. The meeting was addressed by the Chief Justice; the Attorney General; Mr. G. A . Collins, President, Law Society, London; Mr. J. S. Muirhead, Presi­ dent, Law Society o f Scotland ; Mr. H. J. Catchpole, President, Incorporated Law Society o f Northern Ireland; Mr. C. J . Daly, President, Southern Law Association. Mr. Catchpole presented to the Society, on behalf o f the Incorporated Law Society o f Northern Ireland, a silver casket embossed with the Society’s arms and bearing an inscription in commemoration o f the occasion. The President o f the Society, Mr. Cox, returned thanks to the speakers and to Mr. Catchpole for his Society’s gift. On the afternoon o f Wednesday, May 28th, the President of Ireland and Mrs. O’Kelly entertained the members of the Society and their guests at a Garden Party at Aras an Uachtarain, Phoenix Park. In addition to about 370 members o f the Society and their ladies, the guests included members o f the Government, Church dignatories, the Judiciary, the Diplomatic Corps and other professions. The guests were received by the President o f Ireland and Mrs. O’Kelly and also by the President and Mrs. Cox and Miss Una O’Higgins. Music was played by the No. x Army Band. The concluding function was the Charter Cen­ tenary Dinner at the Gresham Hotel, Dublin, on the evening o f Wednesday, May 28th. The Presi­ dent presided and the Dinner was attended by 335 members and guests. The distinguished guests included the Chief Justice; Senator Andrew S. Clarkin, Lord Mayor of Dublin; Dr. James Ryan, Minister for Social Welfare; Mr. Sean Moylan, Minister for Education; the Hon. Mr. Justice Davitt, President o f the High Court; Mr. H. J. Catchpole, President, Incorporated Law Society of Northern Ireland; Mr. G. A. Collins, President, Law Society, London; Mr. J. S. Muirhead, Presi­ dent, Law Society o f Scotland; the Hon. Mr. Justice Shannon; Mr. J . A . Costello, S.C., T .D .; Mr. Sean MacBride, S.C., T .D .; Rig it Rev. Dr. Kissane, President, Maynooth College ; Dr. Michael Tierney, President, University College, Dublin; Dr. A. J. McConnell, President, Trinity College, Dublin ; the Attorney-General, Mr. Carroll O’Daly, S .C .; the Hon. Mr. Justice Murnaghan ; the Hon. Mr. Justice Lavery; the Hon. Mr. Justice Kingsmill Moore ; the Hon. Mr. Justice Shannon; the Hon. Mr. Justice D ixon ; the Hon. Mr. Justice Martin Maguire; the Hon. Mr. Justice Haugh; the Hon. Mr. Justice Budd ; Mr. T. G. Lund, Secretary, Law Society, London; Messrs. F. H. Mullan and G. E. Warren, Vice-Presidents, Incorporated Law Society o f Northern Ireland : Mr. R. B. Mayne, Printed bj Cahill & Co ., L td .,

Secretary, Incorporated Law Society o f Northern Ireland; Senator Liam O Buachalla, Chairman, Seanad Eireann; Mr. T. J. Coyne, Secretary, Department o f Justice; Mr. Philip O’Donoghue, S .C .; Mr. James Dillon, T .D .; District Justice Mangan ; Mr. Patrick McGilligan, S.C., T .D .; Mr. R. B. Laurie, Secretary, Law Society o f Scotland; Master O ’Leary, S .C .; Master O’Hanlon. The formal toasts were “ Ireland ” ; “ The Society,” proposed by Dr. Tierney, President, University College, Dublin, with a reply from the President; “ Our Guests,” proposed by Dr. Counahan, with replies from the President o f the High Court, Mr. G. A. Collins, President, Law Society, L o n d o n M r . J. S. Muirhead, President, Law Society o f Scotland and Mr. H. J. Catchpole, President, Incorporated Law Society of Northern Ireland; “ Our Next Centenary,” proposed by Mr. J. J. Horgan, Cork. The proceedings concluded with the health o f the Secretary, proposed by the President and honoured by the members and guests, Auld Lang Sjne and the National Anthem. A souvenir record o f the Centenary celebrations, with a selection o f photographs, the names o f those present and the speeches is being prepared, and will be sent to members who notify the Secre­ tary that they would like to have copies. The price has not yet been fixed, but it will not exceed the cost o f printing. THE REGISTRY REGISTER A _Young Solicitor required. Experience not essential. Apply giving full details to Whitney, Moore & Keller, 46 Kildare Street, Dublin. Dublin Solicitor leaving offices anxious to contact another Solicitor to take over practice and offices. Urgent Box A139. REGISTER C Safe : Large fireproof 3 ft. 2 ins. by 2 ft. 2 ins. Two interior locking drawers, also Remington Noiseless Brief carriage Typewriter for sale. Box C. 133. T h e practice previously carried on in the name o f Patrick J. Ruttledge, will, as from the 23rd day of May, 1932, be known as Patrick J. Ruttledge & Co. OBITUARY M r . L ouis A. M eenan , Solicitor, died on the 8th April, 1952. Mr. Meenan served his apprenticeship with the late Mr. Frank Kerr, Solicitor, 17 Chichester Street, Belfast, was admitted in Trinity Sittings, 1902, and practised at 2 5 Chichester Street, Belfast. M r . J ames T elford , Solicitor, died on the 27th April, 1952. Mr. Telford served his apprenticeship with the late Mr. William G. McSpadden, Solicitor, Rath- friland, Co. Down, was admitted in Hilary Sittings, IQ13, and practised at Newry, Co. Down. Parkgate Printing Works , Dublin.

Vol. 4 6 Nos. 3 and 4

July and August, 1952

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

President A rthur C ox

Vice-Presidents D esmond R . C ounahan l l . d . G erald J . O’D onnell

Secretary E ric A . P lunkett

FOR CIRCULATION AMONG MEMBERS

The Council regret the unavoidable delay, due to the recent strike in the printing trade, in publishing the Ju ly and August numbers o f the G azette , now . issued together. MEETINGS OF THE COUNCIL J uly 3RD, 1952. The President in the Chair. Also present: Messrs. Desmond R. Counahan and Gerald J. O’Donnell, Vice-Presidents; Desmond Mayne, William J. Norman, Thomas A . O’Reilly, Joseph Barrett, Dermot P. Shaw, Joseph P. Tyrrell Maurice M. Power, Christopher Callan, Sean 6 hUadhaigh, James R. Quirke, Reginald J . Nolan, Derrick M. Martin, Ralph J . Walker, Patrick R. Boyd, John R. Halpin, James J. O ’Connor, John J. Sheil, John B. McCann, Niall S. Gaffney, Francis J. Lanigan, John L. Kealy, Louis E . O’Dea, John F. Foley, John Maher, Senator O ’Reilly, John Carrigan, Henry J. Catchpole, George G. Overend, John J. Nash, Corneilus J. Daly. The following was among the business trans­ acted :—

Solicitors’ Bill T he Council considered a report from the deputa­ tion which was received by the Secretary and officials o f the Department o f Justice since the last meeting o f the Council. The report stated that the deputation had discussed with the officials the proposals o f the Department o f Finance on the subject o f the stamp duties paid by solicitors and apprentices and the general provisions o f the Bill, and that it was hoped that a further conference’ would take place at an early date. Examination Results T he Council considered and adopted a report from the Court o f Examiners on the results o f the Inter­ mediate Examination held on the 19th and 20th days o f May, 1952. 24'TH J uly , 1952. The President in the Chair. Also present: Desmond R. Counahan and Gerald J. O’Donnell, Vice-Presidents; Messrs. Louis E. O’Dea, Niall S. Gaffney, Christopher Callan, John F. Foley, John Maher, Francis J. Gearty, Ralph J.

Council considers that the companies should accept the principle that where there is an established relationship o f solicitor and client, and where the client so requests, a company should retain the solicitor o f the insured for such business unless the company considers that there are special circumstances necessitating the employment of another solicitor.” Irish and English solicitors. Agency com­ mission T he Council considered correspondence between ffip Society and the Law Society, London, on the subject of the effect o f the English Solicitors’ Pro­ fessional Practice Rules, 1933, on the allowance of agency commission to Irish solicitors. Members o f the English Law Society had enquired whether the allowance of such commission is prohibited by the statutory regulations. Following correspondence between the two Societies it has been agreed that each Council approves o f the mutual allowance of the usual agency commission between Irish and English solicitors. Small Dwellings (Acquisition) Acts and costs M embers enquired whether any reduction should be made in the costs payable by a purchaser- mortgagor in a case in which a plot o f ground was purchased for £90 and a loan of £1,500 was obtained from the Local Authority under the Small Dwellings (Acquisition) Acts for the erection o f a dwelling- house. The opinion of the Council was that the scale fee should be charged in respect o f the mortgage and that the solicitor acting for the purchaser- mortgagor would be entitled to charge a nominal fee in respect o f the purchase. In a case in which a solicitor acts for a purchaser-mortgagor, the con­ sideration for the purchase being equal to or greater than the amount o f the advance on mortgage, the Council’s opinion is that the solicitor acting for the purchaser-mortgagor should charge the scale fee on the purchase and would be entitled to charge a reduced fee in respect of the mortgage. Estate Duty Office and valuation for death duties T he Council considered correspondence between a member and the Estate Duty Office from which it appears that the value o f leasehold property returned in the Inland Revenue affidavit was referred by the Estate Duty Office to the Valuation Office for a report. The Controller o f Death Duties subsequently wrote to the solicitor for the executors stating that a report had been received from the Valuation Office in respect o f the leasehold property included in Form 77 and returned therein at £500, and that

Walker, John R. Halpin, Derrick M. Martin, Dermot P. Shaw, Joseph Barrett, John B. McCann, James J. O’Connor, Patrick R. Boyd, John J. Nash, George G. Overend, John L. Kealy, Francis J. Lanigan, William J. Norman, Joseph Morrissey, T. A. Buckley, Henry St. J. Blake, Joseph P. Lynch, Thomas A. O’Reilly, John J. Sheil, Senator O’Reilly, John Carrigan. The following was among the business trans­ acted :— Incidence o f costs as between vendor and purchaser M embers had written to the Society stating that clients had been required to sign conditions o f sale o f property by public auction containing a clause that the purchaser should pay the costs o f the vendor’s solicitor and all costs and expenses o f and incidental to the sale. It was decided to draw the attention of the solicitors concerned to the opinion of the Council expressed in the Society’ s G azette for May, 1951, which is reprinted in the current issue. Conditions o f Sale. Clause that vendor’s solicitor will prepare conveyance T he attention of the Council was drawn to a clause in conditions of sale which provided that the con­ veyance would be prepared by the vendor’s solicitors. The Council expressed the opinion that it is, prima facie, unprofessional for a solicitor acting for a vendor to introduce into the conditions o f sale a clause that the conveyance to the property will be prepared by the vendor’s solicitor. The long standing custom of the profession is that the con­ veyance should be prepared by the purchaser’s solicitor who is responsible for protecting the purchaser’s interests. There may be special cir­ cumstances which would justify the insertion of a clause to the contrary effect in the conditions o f sale, but they are unusual. The inference to be drawn from such a clause is that the vendor’s solicitor is willing to act for the purchaser. In a case in which the purchaser is separately represented the effect of such a stipulation is that the purchaser’s solicitor will not be entitled to charge the com­ mission scale fee. Insurance Companies and retainer o f solicitors in negligence cases T he Council passed the following resolution:— “ While acknowledging the right o f an insurance company to retain any solicitor or firm o f its choice to transact legal business arising on claims against its insured, the