The Gazette 1971
CORRESPONDENCE Housing Act 1966—Section 90 and Section 92 To each Housing Authority Dear Sir
amending that Act, at the Land Registry or to or with a local registering authority.
It has been brought to the attention of the Council of this Society that orders under Section 90 (3) of the Housing Act 1966 are being prepared by employees of Local Authorities who are not solicitors. Further the requirement that such order be registered in the Land Registry imposed on the Housing Authority by Section 92 is in some instances being discharged by employees of the Housing Authority who are not solicitors. The Council have asked me to set out for your information the following provisions of Section 58 of the Solicitors Act 1954: 58(1) This section applies to the following acts : (a) The drawing or preparing of a document relating to real or personal estate or any legal proceedings. (b) The procuring or attempting to procure the execution by an Irish citizen of a document relating to : (i) real or personal estate, or movable or immovable property, situate or being outside the State and the United Kingdom, or (ii) Any legal proceedings, actual or in contemplation of which the subject- matter is any such estate or property. (c) the making of an application, or the lodging of a document for registration, under the Registration of Title Act, 1891, or any Act
(2) An unqualified person who does a act to which this section applies shall, subject to subsection (3) of this section and without prejudice to any other liability or disability to which he may be subject, be guilty of an offence under this section and he liable on summary conviction therefore to a fine not exceeding one hundred pounds. I have also been asked to point out that the provision in sub-section (3) (c) of the Act exempting an act done by any public officer in the course of duty has been construed by the Courts and that it is well established that an employee of a Local Authority is not a public officer for the purposes of this Section. In the view of the Council the preparation of an order under Section 90 of the Housing Act 1966 by an employee of a Housing Authority is a contravention of Section 58(1) (a) and the lodging of the order for registration as required by Section 92 of the Housing Act 1966 is a contravention of Section 58(1) (c). Yours faithfully, Joseph Finnegan, Assistant Secretary 25th November 1971. space of nearly a quarter of a century he acted as solicitor for several of the great leading bodies, and enormous sums passed through his hands for investment. He was the legal adviser of very many companies. In this capacity he carried through a greater number of large investment transactions than probably have fallen to the lot of any member of the profession in Ireland. His operations were conducted in the most quiet and unostentatious manner. He preferred to let his acts speak for themselves, he was of a retiring nature, and took no part in politics. In his own parti- cular circle he evinced great geniality of disposition. He was a most amusing guest, and an excellent host, full of quiet humour, keen observation, and general enjoyment of life. He was, in all respects, a good man It is not too much to say that his death caused a void almost impossible to fill.— Irish Times, July 1871.
One hundred years ago TYPICAL OBITUARY OF THE TIME RICHARD ATKINSON, ESQ.
It is with great regret that we have to record the death of Mr. Richard Atkinson, of Dawson Street and Gort- more, one of the most eminent solicitors of this city, which took place on Monday night. He was suddenly seized on Saturday morning, and after remaining more or less unconscious up to one o'clock on Monday, finally succumbed from pressure on the brain. He was a man of great breath of view, sound discretion, great observa- tion, a very able lawyer, and, above all, of a high and unswerving integrity, which impressed itself on all with whom he had dealings. Few men have been so implicitly trusted, and few have ever possessed the secret of so completely inspiring unlimited confidence. For the
192
Made with FlippingBook