Previous Page  96 / 736 Next Page
Information
Show Menu
Previous Page 96 / 736 Next Page
Page Background

2 Office Administration

5/-By Post 5/9

3 Building Contracts

3/-By Post 3/9

It has also been arranged not to hold the usual

monthly meeting in March due to the proximity

of the Seminar.

The Wexford Seminar Publications on "Rent

Restrictions Acts" and "The Tax Advantages of

Company Formation"

have proved

extremely

popular and further copies can be had from the

Treasurer.

CORRECTION

The article under the heading of "Costs of Pro

bate—meaning of Value" appearing in the Octo

ber/November, 1967 Gazette requires clarification.

The artificial value sworn for probate

is not

rateable valuation multiplied by 50 as stated in

the article but rateable valuation multiplied by 25.

Rateable valuation multiplied by 50 applies only

to Land Registry business.

NEGOTIATION FEE

In MacGowan v. Murray (1891)

ICh.D. 105,

Bowen, L. J., says at page 116 :— "Negotiation, I

should have thought in the ordinary meaning of

the English language, is that which passes be

tween parties or their agents in the course of or

incident to the making of the contract and if the

negotiation is brought to such a close as leaves the

principal at liberty to say, 'I accept the offer', then

the agent has done all the negotiating an agent

can do, and within the rule he has arranged the

sale, the sale afterwards being effected." He also

referred to other passages from the judgements in

that case in support of his case.

CONDITIONS OF SALE

The Society have caused a new issue of the above

and of the agreement for sale (Private Contract)

to be printed. There is a slight difference in the

1968 edition as opposed to that issued in 1965.

Condition 28 (2) of the Auction form is altered

to provide that if the vendor has suffered no real

loss in the transaction the purchaser will get back

his deposit, but if the vendor suffers heavy loss

the purchaser looses it. This is considered reason

able and protects the vendor's solicitor.

In the case of Condition 26 (2) of the Private

Treaty form, a new clause has been substituted

which in most cases of Private Treaty Sales would

result in the purchaser getting back the greater

part of his deposit.

The alterations are made in the light of the

provisions of Section 45 of the Land Act, 1965.

BUILDING CONTRACTS

The Society have now prepared standard forms

of building contracts which will in the very near

future be available from the Society's office sold in

lots of one dozen. The price is 10/- per dozen

plus postage l/10d. The contract has been drawn

up with the co-operation and approval of the

Dublin

Solicitors

Bar Association

and

the

Southern Law Association and

is

intended

to

cover the erection of an ordinary private dwelling

house.

The Institute of Chartered Accountants in Ireland

(Incorporated by Royal Charter, 14th May, 1888)

To all Members in Practice

NOTES FOR GUIDANCE ON SOLICITORS'

ACCOUNTS REGULATIONS 1967

Joint Statement of the Incorporated Law Society

of Ireland and the Institute of Chartered Accoun

tants in Ireland.

INTRODUCTION

The Incorporated Law Society of Ireland have, in

exercise of the powers conferred on them by the

Solicitors' Act, 1954, made regulations dealing

with Solicitors' accounts which are known as the

Solicitors'

Accounts

Regulations

1967.

So

that the Law Society may satisfy itself that these

regulations are being adhered to by solicitors, it

makes provision under these regulations for the

furnishing, annually, of accountants' reports. In

his report the accountant must state that the

solicitor has complied with the regulations, or, if

he has not, give details of the manner of his non-

compliance. In order that the accountant may dis

charge his duty properly in

this context, it is

necessary that he be familiar with the regulations

and be able to interpret them correctly. The notes

which follow are issued to assist members in in

terpreting points in the regulations which give rise

to difficulty. They should be read in conjunction

with the Solicitors' Accounts Regulations 1967

(S.I No. 44 of 1967) which can be obtained at the

Government Publications Sales Office, G.P.O.

Arcade or through any bookseller. It must be

pointed out that the interpretation given in these

74