The Gazette 1946-49

I have to record their passing and wish to express to their relatives our feelings of sympathy in- their bereavement. The following solicitors have died James McAuliffe, James J. O'Shee, Ambrose Steen, John Minton, John J. Kennedy, David E. Ferguson, G. Douglas Scott, A. M. Healy, George H. Parkes, Christopher O'Connell Fitzsimon, John M. Maxwell, Dermot J. O'Rourke, James C. Parke, Henry Lemass, Patrick M. O'Leary, Harry Bruce Bell, Michael J. Bowers, Albany Fetherstonhaugh, Her– bert W. Franck, Ernest W. Harris, Michael A. Humphries, Robert C. Bannister, Aidan E. R. MacCabe, and Austin Crean. Our relations with the various Government - Departments with whom we have to deal have been very satisfactory. In the interviews and discussions which have taken place between our appointed members and Ministers of State and the Secretaries of public departments it is but proper to record that they have in all cases shown a desire to be help– ful and have met our wishes in most of our submissions. They have always been ready to consider carefully any suggestions or criticisms which we thought it necessary to make. In par– ticular I would like to pay tribute to the manner in which the Registrar of Titles has met us on the various points of difficulty in practice under dis– cussion. Not all our proposals have been accepted, but agreement was reached on many major issues involved. Steps have been taken at the suggestion of the Council to improve the facilities for the sale of Land Registry stamps at the Ormond Quay Post Office during Vacation periods when the Stamp Office in the Four Courts is closed. We have also urged, arising out of the decision in Sheridan's Case, which you will recollect resulted in the discontinuance of charging Land Registry fees in the case of transmissions on death, that any fees paid subsequent to the ist June, 1945, should be refunded to the parties concerned in cash. It was understood that the Department proposed to refund such fees paid after September not in cash but by way of allowing credit to the solicitor concerned against fees payable on future dealings either in respect of the same lands or on different property. It was felt that this method would give rise to very serious inconvenience in the matter of book-keeping, and it was proposed to the Registrar of Titles that any refunds made should be given in cash, and, furthermore, that fees so refunded should be made as from the ist June, 1945, being approximately the date of the institution of the proceedings before the Court in Sheridan's Case No Departmental decision has yet been given on during the past six months : Michael Dorgan, William J. Barry,

trie appointment of the new trustees should be embodied in a deed to be executed by all parties. The power of appointment under the original trust deed was vested in the trustees or their survivor. A difference of opinion arose as to whether the solicitor for the plaintiff beneficiaries or the solicitor for the defendant trustees should prepare the deed embodying the consent, the retirement of the existing trustees and the appointment of the new trustees. The Committee reported that on the facts before them they were of opinion that the solicitors for the retiring trustees were entitled to prepare the deed embodying the appointment of the new trustees, the release to the retiring trustees and the other terms of the consent, they being the solicitors having the custody and control of the documents of title, and referred to Opinion No. 88 of the Council, printed at page 439 of the current Calendar. The Council adopted the report. Applications under Section 47 THE Council considered seven applications from solicitors for permission to take out their practising certificates. Six - applications were granted on payment of the current duty and one application was granted subject to payment of two years' arrears in addition to the current duty. Apprentices' Applications A NUMBER of apprentices' applications were con– sidered and dealt with. HALF-YEARLY GENERAL MEETING A HALF-YEARLY General Meeting of the Society was held on Thursday, May i6th, in the Solicitors' Buildings, Four Courts. The President, Mr. Daniel the meeting was, by permission of the meeting, taken as read. The Secretary read the minutes of the Half-yearly General Meeting held on November z6th, 1945, which were signed by the President. The President nominated the following members of the Society as Scrutineers 'of the Ballot for the Council to be held on November 2ist, 1946: Messrs. J. R. McC. Blakeney, Desmond J. Collins, T. Jackson, Brendan P. McCormack, and Roderick J. Tierney. The President, addressing the meeting, said: " Ladies and Gentlemen, Since, we last met in General Meeting in Novem– ber there have gone from amongst us many members well known to most of us, and it is with regret that O'Connell, in the chair. The notice convening

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