The Gazette 1955-58

the Circuit Judge but that the Society should take no action. The report was adopted. Search or correspondence fee. A SOLICITOR acting for the widow and personal representative of a deceased testator wrote to another solicitor on her instructions asking him to hand over any deeds and documents in the latter's possession belonging to the deceased. The only document in the last mentioned solicitor's possess ion was an original grant of probate of the Will of deceased's father. The Council were asked for their opinion as to whether (a) the document is a valuable document within the meaning of Opinion 90 and QJ) whether the solicitor holding the docu ment is entitled to a search or correspondence fee on the ground that the requisitioning solicitor had not stated his client's title thereto. The Council, on a report from a Committee stated that (a) the document is a valuable document within the meaning of Opinion 90 (£) that the solicitor holding it is not entitled to charge a search or correspondence fee. Family arrangement for sale and purchase. Costs. THE widow and personal representative of a deceased intestate registered owner of land put a holding up for sale and bought it in through an agent who purchased in trust for £3,100. The widow was unable to find the necessary money to finance the purchase re-sold part of the holding for £350 and retained the balance. The assurance to the purchaser was by a release from the next of kin setting out the title, the consideration being payments to each of them of £500 being the amount due on an account stated and settled. The solicitor acting for the purchaser enquired whether he should charge the commission scale fee on £3,100 the amount mentioned in the conditions of sale. On a report from a Committee the Council stated that the costs should be charged by items. Settlement without prejudice. Subsequent insolvency of party. MEMBER acted for a limited company which was a defendant in proceedings for a liquidated sum but was wrongly named in the civil bill. An offer of settlement made without prejudice was sub sequently accepted by letter from the plaintiff's solicitor also marked without prejudice. Before acceptance of the offer member on the directors'

instructions a meeting of creditors and brought a petition for voluntary liquidation of the Company. The defendant's solicitor had previously received the sum of £3 5 from one of the directors for the purpose of the settlement and he enquired whether in the view of the Council he should pay this sum to the plaintiff's solicitor in settlement of the claim or to the liquidator of the Company. On a report from a Committee the Council stated that (i) if the sum of £3 5 was paid out of the Company's moneys it now belongs to the liquidator (2) if it was paid by the director out of his own moneys member must deal with it in accordance with the client's directions (3) on the facts stated there was no personal undertaking by the defendant's solicitor to the plaintiff's solicitor. Vacancy on the Council. MR. C. J. GORE GRIMES Dublin was co-optecl from the supplemental list to fill the vacancy caused by the death of the late Mr. Henry St. J. Blake. MR. H. ST. J. BLAKE DECEASED. THE Council deeply regret to record the death of Mr. Henry St. John Blake of Galway on ijth May, 1957. The late Mr. Blake was admitted in Michael mas Sittings 1923 and practised at Galway. He was elected to the Council on 26th day of November 1933, served as Vice-President in the year 1937-38 and as President in 1946-47. At their meeting on May 30th the Council passed a vote of sympathy with his widow and family. Reception for Members of American Bar Association. FORMS of application for cards for the reception on August ist were issued with the June Gazette. Members who wish to attend the reception with their wives or guests are asked to make early application to facilitate the Society in issuing invitation cards. DUBLIN SOLICITORS BAR ASSOCIATION A MEETING of the Council of the Association was neld on Wednesday, the 5th of June, 1957. The form of contract for sale by private treaty prepared under the auspices of the Association has been found very useful and popular. The Council accordingly have acceded to requests that it may be purchased by all Solicitors interested, and not only by members of the Association. A subcommittee of Messrs. Vanston, Gibne}> Wolfe and R. Walker has been appointed to make summoned