The Gazette 1958-61

kindly placed their specialised knowledge at the service of some of our Committees, I shall do my best to be worthy of that honour. To my two Vice- presidents, Mr. Walker and Mr. O'Connell, and to our immediate past President, -Mr. Halpin, may I publicly say—" Thank you, for so generously ex tending to me your help and advice at all times ". The absorbing interest in our profession of our worthy Secretary, Mr. Plunkett, is so well known to you all, that I need scarcely refer to it. Suffice it is to say that no President could hope to discharge the burdens and responsibilities of office without Mr. Plunkett's kindly guidance which is always so generously given. In accordance with Bye-Law 28 the President appointed the following members to be the scrutineers of the ballot for the election of the Council for the year 1960-61 : Messrs. James R. McC Blakeney, Thomas Jackson, Brendan P. McCormack, Alexander J. McDonald and Roderick J. Tierney. Messrs. T. D. McLoughlin, Denzil O'Donnell, Victor Crawford, Eunan McCarron and J. W. O'Donovan addressed the meeting on matters arising on the President's statement. Messrs. McCarron and O'Donovan particularly stressed the necessity of obtaining new subscriptions for the Solicitors' Benevolent Association. Mr. Victor Crawford proposed a vote of thanks to the President for his services to the Society since his election. Mr. Arthur Cox seconded the motion which was carried with acclamation. The proceedings then terminated. The Council have on a number of occasions published statements in the Society's Gazette dis approving of stipulations in contracts for sale which are unduly restrictive as to title. They wish to draw the attention of members to the following practices which they think are objectionable as making it unduly difficult for a purchaser's solicitor to discharge his duty to his client, (i) The practice of some solicitors acting for vendors of furnishing an engrossment in duplicate of the contract for sale and refusing to permit any alteration by a solicitor for the purchaser. There is no objection to the vendor's solicitor furnishing the engrossment instead of a draft, but in this event the solicitor for the pur chaser should, if he thinks it necessary in the interests of his client, be entitled to treat the engrossment as a draft and to amend the draft as may appear neces sary. (2) A provision in an agreement for a lease CONVEYANCING PRACTICE RESTRICTIVE TERMS

where there is substantial fine that the lessee will not object or make requisitions to or in respect of the lessor's title and that no copies of title deeds will be supplied except on payment of scrivenery fees. In the opinion of the Council the commission scale fee on the fine included in a lease should include the work of the vendor's solicitor in deducing title and the imposition of costs on the purchaser- lessee is unduly onerous and contrary to the best interests of the profession. (3) Provisions in agree ments for sale that the purchaser will admit the vendor's title. This, as a general practice, is obviously objectionable. The Council regard the practices mentioned above as lowering the standard of the profession and in creasing unnecessarily the difficulties of solicitors acting for purchasers and lessees. Furthermore such practices provide an argument for those who attack the commission scale fees in conveyancing matters. The Council have on numerous occasions dis approved of the practice of including stipulations in agreements for sale of property that the purchaser will pay the vendor's costs. PAYMENT OF DEPOSIT TO VENDOR'S SOLICITOR. QUESTION OF NEGLIGENCE A committee of the Council recently made a report referring to the practice whereby the purchaser's solicitor returns the executed contract to the vendor's solicitor with a cheque for the deposit made payable to the vendor's solicitor. The vendor's solicitor's authority to give a receipt for the deposit does not arise until the vendor has signed the contract and if the vendor failed to sign the contract and his solicitor subsequently failed to account for the deposit the purchaser might be the loser and his solic itor might have to answer a claim for negligence. The Council decided to bring this matter to the notice of members and to recommend that contracts for the sale of property should be engrossed in duplicate and that a copy executed by the vendor should be exchanged for a copy duly executed by the purchaser, the latter being accompanied by a cheque for the deposit in favour of the vendor's solicitor where appropriate according to the terms of the contract. DISHONOURED CHEQUE. DUTY OF COLLECTING BANK A cheque is properly presented for payment within the meaning of Section 45 of the Bills of Exchange Act 1882 when it is handed over in the Central Clearing Office in the Bank of Ireland by a repre sentative of the collecting bank to a representative of the paying bank.