The Gazette 1958-61

authority without the patient's consent. The matter was taken up by the society with the Irish Medical Association and correspondence was subsequently received from the local bar association stating that the medical practitioner concerned had given an undertaking that there would be no recurrence of this practice. It was decided to take no further action. Auctioneers' Association A committee reported the result of correspond ence with the Irish Auctioneers' and Estate Agents' Association on the subject of proposals to purchase property and payment of the deposit. The Associa tion agreed that an agreement for the sale or purchase of property should not be drawn or prepared by an auctioneer and that a proposal for a sale or purchase which will be turned into an agreement by signature falls within this category. They sub mitted for the approval of the Council a form of proposal expressly subject to contract. It was decided to inform the Association that the Council have no objection to the preparation of such document by an auctioneer as a preliminary to a proper agreement to be prepared by a solicitor. Solicitor's right of access to prisoner It was reported that a solicitor acting for the accused on a criminal charge had been unable to obtain permission to be present at an examination of the prisoner conducted by a medical practitioner .instructed by the defence in the presence of the prison doctor. Enquiries were made by the Society from the prison authorities and it has been ascer tained that no difficulties will arise in such a case where a solicitor wishes to be present at a medical examination of his client by his own doctor if reasonable notice is given to the prison authorities. The council considered a report from a committee as to the proper charges on a purchase by the administrator of an estate of certain lands from the beneficiaries by way of transfer and release as part of a family settlement. Member had prepared a deed of transfer and release in which all the next of kin, including the administrator who was a beneficiary released and discharged any interest which they might have to the administrator beneficially. Member acts for all the parties and the sale is by private treaty. The general principle is that in order to charge the commission scale fee all the work specified in the general order must be substantially performed. In Keeping v. Gloag (1888-58 L.T. 679) it was held that the commission scale fee is not Family arrangement. Sale to personal repre sentative

chargeable on a transfer of property by trustees to sons of the testators on coming of age, the trustees having been authorised to retain and carry on the business during the intervening period. In the Society's GAZETTE, June, 1957, the Council expressed the opinion on certain facts that the costs should be charged on the old system as ordered by schedule 2. The facts were that a widow who was personal representative of a deceased intestate registered owner put property up for sale and bought it in through an agent in trust for herself, the considera tion being payments to each of the next of kin of an amount found due on an account stated and settled. The council on the report of the committee and on the facts stated that the costs of the present case should be charged on the old system as modified by schedule 2 S.R.G.O., 1884 as amended. June 13th: The President in the chair, also present Messrs. Reginald J. Nolan, Dinnen B. Gilmore, James R. Green, John J. Sheil, Gerald Y. Goldberg, George G. Overend, Ralph J. Walker, Peter E. O'Connell, Robert McD. Taylor, Eunan McCarron, Thomas A. O'Reilly, Brendan A. McGrath, Derrick M. Martin, John Carrigan, John R. Halpin, Arthur Cox, Augustus Cullen, Francis J. Lanigan, John Maher. The following was among the business transacted: Mr. James R. Quirke. Resignation from the Council The Secretary read a letter from Mr. Quirke stating that he wished to resign from the Council. The following resolution was passed : That the Council accept with great regret the resignation of their colleague Mr. James R. Quirke and wish to place on record their deep appreciation of the service rendered by Mr. Quirke to the Society and the profession during his long period as a member of the Council and as a former President. Lease. Duty of lessor's solicitor A member was instructed by a landlord to draw up a letting agreement in the usual terms. The tenant was not separately advised and arranged to call to sign the agreement. Member is aware that the house is on registered land and that the Land Com mission annuity is still payable. In the circumstances any letting made without the consent of the Land Commission may be void. He enquired whether he was entitled to have any dealings with the tenant. If the tenant were separately advised it would be the duty of his solicitor to advise him of the necessity of obtaining the consent of the Land Commission. Member, in effect, was instructed by the landlord to 12