The Gazette 1958-61

contract by way of gaming or wagering is void. An enquiry was received from a member as to whether he is precluded by this ruling from in stituting proceedings for a client against the promoters of a pool run for charity. The circum stances were that two tickets had been printed with the same number, which was drawn, and the promoters offered one half of the prize to each holder. The committee in their report pointed out that under the Gaming and Lotteries Act, 1956, section 36 (i) every contract by way of gaming or wagering is void. The section names all gaming or wagering and not merely unlawful gaming, etc., so as to prevent recourse to the Courts to enforce such contracts. There appears to be no statutory provision with regard to lotteries. It was not clear to the committee (i) whether the present transaction was a lottery or (2) that a lottery falls within the pro visions as to gaming contracts in sub-section (i) of section 36 notwithstanding the obiter dictum of Goddard C. J. in Smith v. Wyles (1958 3. A.E.R. 281) that a lottery is gaming. It was not clear to the committee that the ruling of the Council of February, 1958, applied and they recommended that member should be entitled to test the legal question in the Courts. The report of the committee was adopted. COSTS OF MORTGAGES UNDER THE SMALL DWELLINGS (ACQUISITION) ACTS The following scale of costs was adopted by the Society in general meeting on I2th May, 1955 in the case of loans by local authorities under the Small Dwellings (Acquisition) Acts to occupiers or intending occupiers to secure advances for the purpose of the purchase or erection of houses : (a) in all cases a commission scale of 2% on he amount of the loan whether or not the title has been registered under the Registration of Titles Act, 1891 and whether or not the equity note has been discharged, provided that (£) if there is a common root of title the fee shall be 2 % of the amount of the loan on the first mortgage and i|% on the amount of the loan on each subsequent mortgage on the same title. The Council wish to point out that these charges are intended to be inclusive and that no correspon dence or other fees should be charged. LABOURERS' ACTS COSTS The Council wish to draw attention to the advice given in the Society's GAZETTE in July, 1957 that solicitors acting in connection with the acquisition 79

citizen has had independent legal advice or has been advised to obtain such advice and has refused to do so. 3. The amount specified in any power of attorney to cover the costs or commission of the foreign agent and the Irish solicitor should be reason able having regard to the responsibility and •work undertaken, the amount of the property concerned and other circumstances. Sharing of commission, with foreign lawyer A committee reported on a query received from a member on the practice of American attorneys of charging a percentage fee on the value of an estate and allowing the Irish solicitor one third of the commission on an agency basis. He asks (i) whether the Irish solicitor should disclose to his own client the ratio in which the percentage charged for work done in America is divided between the American attorney and the Irish solicitor. (2) Whether having received from the American attorney part of the fees for work done in America the Irish solicitor is entitled to charge him in addition ordinary fees for work done by him in Ireland. He pointed out that the fees received by an Irish solicitor from the American agent might in some cases exceed the taxed costs for the work done in Ireland. In their report which was approved by the Council the committee stated that provided that principles laid down above in regard to the execution of powers of attorney and independent advice have been observed the Council are of the opinion that (i) the Irish solicitor need not disclose to his own client the ratio in which the percentage charge for work done in America is divided between the American attorney and the Irish solicitor but the client is entitled to know the actual costs deducted by the American attorney. (2) In American cases the commission received usually covers all the work done in Ireland and if additional charges are made against the client the amount received from the U.S. attorney should be disclosed. Counsel's receipted backsheets The Council approved a report from a committee stating that on the termination of a solicitor's retainer a client is entitled to receive from the solicitor counsel's receipted backsheets for fees paid. Gaming and Lotteries Act, 1956 In the Society's GAZETTE of February, 1958, the Council adopted a ruling of the Bar Council that it is improper to settle or institute proceedings for a gaming debt having regard to section 36 of the Gaming and Lotteries Act, 1956, whereby every