The Gazette 1955-58

Vol. 51 No. 5

November, 1957

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND Prttidnt NULL S. GAFFNBT Vitt-Pruidtntt Setrttarj EMC A. PLUNKETT

DESMOND J. COLLINS CHARLES J. DOWNING

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL SEPTEMBER igra : The President in the Chair. Also present: Desmond J. Mayne, Francis X. Bruke, Peter E. O'Connell, George G. Overend, James J. O'Connor, Francis J. Lanigan, Thomas A. O'Reilly, Ralph J. Walker, John J. Shell, John R. Halpin, Patrick R. Boyd, John Carrigan, Desmond J. ColUns, Dermot P. Shaw, Arthur Cox, Derrick M. Martin, John J. Nash, W. J. The following was among the business transacted. Application under Section 16. AN application was received from a solicitor asking for permission to employ in connection with his practice a former solicitor who was struck off the roll for professional misconduct by an Order of the Chief Justice made on a report from the former Statutory Committee. Council having considered a report from a Committee and the correspondence and relevant circumstances decided to refuse the application. Privilege. Inquiries from Inspectors of Taxes. A MEMBER wrote asking for the opinion of the Council on the question whether a solicitor for the

executor of the estate of a deceased testator he is entitled to supply to the Inspector of Taxes infor mation concerning payments to the beneficiaries. On a report from the Committee the Council decided to inform member as follows :— 1. If member is not acting for the beneficiaries no question of privilege arises as far as they are concerned. 2. He is entitled to supply the particulars if the personal representative so instructs him. 3. Neither the solicitor nor the personal repre sentative is under any legal obligation to furnish the information to the Inspector of Taxes, but it may be necessary to furnish infor mation as to the income of the estate in order to obtain a certificate of clearance. Public body. Documents taken up on re turnable receipt. MEMBERS wrote to the Society on the subject of the refusal of a public body to lend title deeds on re turnable receipt held by the public body as mort gagees under the Small Dwellings Acts and which were required by members as solicitors for the mortgagor who intended to sell the property. The Council ascertained that the practice of the public 47