The Gazette 1961 - 64

OCTOBER 3isr : The President in the chair, also present Messrs. Desmond J. Collins, Desmond Moran, Thomas A. O'Reilly, Peter D. M. Prentice, James R. C. Green, Dinnen B. Gilmore, Ralph J. Walker, John C. O'CarroU, Brendan A. McGrath, R. McD. Taylor, Rory O'Connor, W. A. Osborne, Daniel J. O'Connor, Eunan McCarron, William A. Tormey, George G. Overend, Peter E. O'Connell, John Maher, Thomas J. Fit2patrick, John Carrigan, Cornelius J. Daly, James W. O'Donovan, John J. Nash, T. V. O'Connor, Gerard M. Doyle and Raymond A. French. The following was among the business transacted : Lessors —separate representation A, who recently died, was tenant for life of property and B and C are entitled immediately in remainder under the settlement. D is also a remainder man under a title derived through other persons. The remainder men wish to make leases of the property. The solicitor for B and C has the title deeds and can make title on behalf of his client which is straightforward. D wishes to be separately represented and his solicitors will deduce his title and will act for him in connection with the execution of the leases which will be drawn by the other solicitor. The Council were asked to arbitrate on the question as to how the costs should be divided and paid. The Council stated that if the lessees require the lessors to deduce title they must pay therefore under Schedule 2 to the several solicitors for the lessors. The Council further stated that the solicitors for B and C were entitled to charge the commission scale fee on the rent and should pay thereout to D's solicitors an appropriate fee for the approval and execution of each lease having regard to the scale fee payable by the lessee in each case. Registered land—discharge of equities Member acted for the vendor on the sale of registered property under a contract which did not preclude the purchaser from obtaining sufficient title to discharge the equity note. Member supplied such title as was asked for and accepted by the purchaser's solicitor but he was in some doubt as to whether the title so furnished would be sufficient to discharge the equity note and he has no knowledge as to whether the purchaser's soliritor made an application for the discharge thereof. He asked the Council for guidance as to the scale of costs charge able against his own client the vendor. The Council stated that that if member supplied such title as was accepted by the purchaser's solicitor as sufficient to discharge the equity note member was entitled to charge the full commission scale fee.

Certificate of discharge from death duties The Council on an enquiry from a member stated that the recent ruling that the vendor's solicitor is entitled to charge, in addition to the commission scale fee, against his own client, a fee for obtaining the income tax certificate under Section 6 of the Finance Act, 1928, would not apply to the certificate of discharge from death duties. The Council stated that the considerations applicable to a Section 6 Certificate were different to those applicable to a certificate on discharge of death duties, and accord ingly that no fee over and above the commission scale fee would be chargeable against the vendor for obtaining the last mentioned certificate. Medical reports A member asked for guidance from the Council as to whether he would incur any professional liability when acting for a named client by writing a letter to a medical practitioner stating that he was instructed by the client whom he named, to request the practitioner to furnish a medical report. The Council stated that in their opinion such a letter would not impose any legal or professional liability. NOVEMBER ZIST : The President in the chair, also present Messrs. R. McD. Taylor, D. J. O'Connor, Augustus Cullen, Peter E. O'Connell, W. A. Osborne, John Maher, Thomas H. Bacon, Edward J. Dillon, Brendan A. McGrath, Ralph J. Walker, D. B. Gilmore, John J. Nash, Peter M. M. Prentice, James W. O'Donovan, James R. C. Green, R. A. French, Desmond Moran, Niall S. Gaffney, George G. Overend, John Carrigan, Desmond J. Collins, Eunan McCarron, Patrick O'Donnell, Joseph P. Black and Reginald J. Nolan. The following was among the business transacted : Probate Office, personal applications for grants The Council considered a report from a deputation which was received by the Minister for Justice and decided to make further representation urging that a value limit should be placed on the amount of the assets in cases in which the Probate Office provides facilities for personal applications for grants of probate in administration. Alteration of Circuits The Society received a letter from the Department of Justice advising the Council of the proposed transfer of County Sligo from the Northern Circuit to the Midland Circuit and County Laois from the Midland Circuit to the South Eastern Circuit as from