The Gazette 1961 - 64

ist October, 1963, for a term of 21 years in con sideration of fine of £735 and a weekly rent of -£6 os. od. The Council expressed the opinion in each case that the transaction was substantially a sale and that each party should pay his own costs. Search fee A client of a member purchased a property in 1941 and member retained the documents of title for safekeeping until the death of the client in 1962. The owner died intestate and his widow took out a grant of administration and consulted other solicitors. She gave them in authority to take up the documents of title from the first mentioned solicitor. The Council were asked to decide whether as between the parties the solicitors who hold the documents of title are entitled to a fee for getting them up and satisfying themselves as to the title of the administratrix. The Council decided that members are under an obligation to hand over the documents to the personal representative of the deceased owner free of charge. Lodgment in satisfaction of counter-claim On the suggestion of the Dublin Solicitors' Bar Association the Council decided to make represen tations to the appropriate authorities that rules should be made permitting a lodgment in satisfaction of a counter-claim in an action for negligence. Professional negligence Members acted as solicitors for a bank who were appointed executors of a will and took out a grant of probate. The assets included Government stock issued subject to the condition that the stock could be tendered in satisfaction of death duties. At the material date the market value of the stock was below par. Neither the executors nor the solicitor had adverted to this fact and the beneficiaries held the executors responsible for the amount which could be saved in death duties if the stock had been duly tendered. The bank-executors suggested that the solicitors should bear half of the loss and the matter was submitted to the Council for a decision. The Council expressed the opinion that the solicitors should as a matter of professional practice bear half the loss. Each of the parties had agreed to accept the ruling of the Council. Professional privilege Members were requested by an inspector of taxes to supply the name and address of a client so that the inspector could communicate with the client on the subject of possible liability for tax. The member asked the Council for guidance and the Council expressed the opinion that the information

should not be given without the permission of the client. Solicitors' remuneration The Council considered the draft of the Solicitors' Remuneration General Order, 1964, received by the Society from the statutory body under the Solicitors' Remuneration Act, 1881, and directed that the draft order should be returned to the statutory body with the comments of the Council pursuant to section 3 of the Act. SITTINGS OF THE CIRCUIT COURT. EASTERN CIRCUIT. By direction of His Hon. Judge Deale the sittings of the Circuit Court fixed for Drogheda commencing ijth June and i4th October, 1964, have been transferred to Dundalk. All future sittings after I4th October, 1964 which would ordinarily have been held at Drogheda have been transferred to Dundalk and all business of the Court ordinarily returnable for hearing at Drogheda is returnable at Dundalk until further order.

CHARITABLE

OF

COMMISSIONERS

DONATIONS AND BEQUESTS BOARD MEETINGS (EASTER AND TRINITY TERMS) Tuesday ... ... 14th April, 1964 ... 28th „ ... izth May, ... 26th „ 9th June, ... 23rd „ ... yth July, ... 28th „

CRIMINAL JUSTICE ACT, 1964 The above Act passed by both Houses of the Oireachtas on i8th March, 1964, is a short Act of eleven sections. The Act in following the current trend in social thinking restricts the death penalty to treason and capital murder. The Act contains a number of amendments to previous statutes covering a period from the Piracy Act, 1883, to the Geneva Conventions Act of 1962. It should be noted that the Act does not abolish the death penalty completely but merely restricts same.