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POSITION VACANT
The Council invite applications for the
position of Special Examiner at the Society's
First and Third Law Examinations in the
following subjects, Tort, Contract, Criminal
Law and Practice and Commercial Law.
Particulars of the appointment may be
obtained from the Secretary, Solicitors Build
ings, Four Courts, Dublin 7.
MEETINGS
OF THE COUNCIL
December I3th, 1962: Mr. Overend and later the
President, Mr. Lanigan in the chair and also present
Messrs. Desmond J. Collins, Niall S. Gaffney,
George A. Nolan, John J. Nash, Desmond Moran,
Gerard M. Doyle, Edward Dillon, James R. C.
Green, Charles Hyland, Peter D. M. Prentice,
Timothy J. C. O'Keeffe, Ralph J. Walker, John C.
O'Carroll, Brendan A. McGrath, Augustus Cullen,
William A. Osborne, John Maher, John B. Jermyn,
Robert McD. Taylor, Eunan McCarron, Richard
Knight, Raymond A. French, Peter E. O'Connell,
John Carrigan, James W. O'Donovan, Patrick
Noonan, T. V. O'Connor, Dinnen B. Gilmore,
Reginald J. Nolan, Thomas J. Fitzpatrick, Daniel
J. O'Connor.
The meeting passed in silence a vote of sympathy
with the family of the late Mr. Thomas Bolton
Cooley
formerly librarian to
the Society.
An
obituary notice appears on page 66.
-
The following was among the business transacted :
Lectures on the Common Market
The President read a letter from the Chief Justice
on the subject of a proposed seminar for students
on the law of the Common Market. It was decided
to agree to the suggestion of the Chief Justice that
the Society should share the expenses with
the
Honourable Society of King's Inns.
New Legislation
Companies Bill 1962.
The Council considered the Companies Bill of
1962 and a memorandum prepared by the Secretary.
It was decided to raise with a solicitor member of
the Oireachtas the sections in the Act relating to the
rights of solicitors and the solicitor and client
privilege.
Local Government (Planning and Development)
Bill, 1962
A memorandum on
the Local Government
(Planning and Development) Bill 1962 was also
considered and it was decided to raise objections to
section 9 and section 80 (7). The sections would
appear to infringe the client's right of privilege in
communications with his solicitor as provisions are
contained therein which oblige a solicitor to furnish
certain information to a Planning Authority.
It
was agreed that a solicitor may be required to supply
the name and address of a client.
Proposed vacation in the District Court
The Secretary reported on the replies to a circular
sent by the Society to the secretaries of local bar
associations asking for the views of the bar associ
ations on the proposal that no District Courts
should sit in the month of August (outside the
Dublin Metropolitan Area) provided that special
provision were made for criminal custody cases and
urgent applications.
The majority of the replies
received were in favour of the proposal and it was
agreed that the Department of Justice be so informed
Sale of leasehold interest in registered land
where no leasehold folio had been opened.
Costs
Members acted for the vendors of leasehold
property which was subject to the Registration of
Title Acts. The title commenced with a lease from
a development company to B dated 3oth December
1959 and registered in the Land Registry.
By
sublease dated 5th June 1961B assigned the dwelling-
house the subject matter of the sale to the vendors.
The transaction in question was an assignment by
the vendors of their interest in the property to the
purchaser for the sum of £3,500 subject to the annual
rent of
£11
per annum. There is no separate lease
hold folio in the Registry for the lessee's interest
either under the lease of the 3oth December 1959
or the sublease of 5th June 1961.
The latter is
registered as a burden on the original folio. The
registered full owners of the folio are the develop
ment company and the lease from the company to B
is shown on the folio. Neither in the case of the
/ease or in the case of the sublease is there a note
on the folio to the effect that the lessor's title to grant
the lease has been investigated and found good.
The contract contained a clause to the effect that
the purchaser should conclusively assume that B was
entitled to execute the sublease to the vendor and
that he should not make any objection or requisition
as to or enquire into or investigate the earlier or
intermediate title whether the same appeared by
recital in any document or otherwise. Members
enquired as to the proper scale of costs to be charged
in the matter. The Council, on a report from a
committee, stated that as no leasehold folio had
been opened the interest sold was not registered
property within the meaning of the Land Registry
rules and that the ordinary commission scale fee
applicable to the sale of freehold land applied.