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CALENDAR AND LAW DIRECTORY
1963
Order forms for the calendar were issued with the
December number of the Society's GAZETTE. Any
member requiring the 1963 edition who has not
returned an order form
is
requested to do so
immediately.
DISTRICT COURT (COSTS) RULES 1962
The above rules which came into operation on
the ist January 1963 provide for a revised scale of
solicitors' costs and counsels' fees in the District
Court. A new scale
is provided in respect of
costs in hire-purchase matters where the amount
recovered or in the case of dismiss the amount
sued for exceeds £50.
The present limit of the
District Court jurisdiction under this heading is
£100.
The Rules are now available from the
Government Publications
Sale Office, G.P.O.
Arcade, Dublin i, price 2/- net.
MR. THOMAS B. COOLEY
MR. THOMAS BOLTON COOLEY was born in Calary,
Co. Wicklow, in 1881, and joined the staff of the
Incorporated Law Society in 1908.
Upon the
retirement of the former librarian, Mr. Samuel
Evans, B.L., in 1915, Mr. Cooley succeeded him as
librarian, and he retained this post until his retire
ment at the end of 1950 ;
he died in December,
1962, in the home of his son, Mr. Lewis Cooley, in
Fortfield Road, Terenure, Dublin.
As librarian of the Society, Mr. Cooley endeared
himself to all members by his courtesy, tact and
patience. Due to the destruction of the library in
1922, Mr. Cooley arranged to save many precious
volumes beforehand, and had the tremendous task
of building up a new library afresh ; he managed to
induce many members to donate their reports ;
due to his untiring efforts, in five years, the Society
had acquired by purchase or gift practically all the
missing volumes. He also devoted much of his
spare time to the preparation of the last printed
catalogue of the library published in 1937, a task
which required much painstaking and accurate work.
At the Ordinary General Meeting of the Society
held on the 23rd November, 1950, a resolution
was passed unanimously, to the effect that on the
occasion of his retirement, the Society in General
Meeting recorded their deep appreciation and thanks
for the manner in which he had discharged the
duties of his office for so many years, and for the
courteous and efficient way in which he had always
assisted members using the library ;
in the varied
and intricate tasks of a law librarian, Mr. Cooley
set a high standard which it has been difficult to
emulate; he was dedicated to his work. His wife
had pre-deceased him. To his son, we extend our
deep sympathy.
C.G.D.
DECISIONS OF PROFESSIONAL
INTEREST
Sale of Land: Purchase Money received by solicitor for
the vendor: Whether received by him as vendor's agent.
In a case decided in 1956 by the Supreme Court
(Barclays Bank Ltd.
v.
Breen)
the respondents,
Barclays Bank Ltd., as executors of Lourdes Sinnott
Murphy, deceased, decided in the course of the ad
ministration of the estate, to sell certain lands which
had been owned by the deceased. By letter dated 3rd
April they instructed a solicitor to act on their
behalf " in dealing with any legal formalities in
connection with our proof of title and ultimate
disposal of the property." The solicitor stated in a
letter in reply " I shall be happy to act for you in
putting the title in this matter in order and disposing
of the lands." The solicitor prepared the conditions
of sale and the lands were sold by public auction to
the appellant who paid the deposit and instructed
the solicitor to act for him in the transaction. The
solicitor on the 4th December 1960 wrote a letter
in
the following
terms
to the appellant, " Re
Murphy to you.
I would be glad to receive your
cheque for
£1,060
balance of the purchase money
herein, as I want to send the deed of transfer to
Barclays Bank for execution and it will take some
time to have it stamped and registered. Will you
also please confirm that this holding is to go into
your name.
It has been reported to me that John Whelan of
Ballylusk is trespassing on Garrynew, that he has
levelled the bounds fence on the premises and cut
some trees on the lands purchased by you and taken
them away.
I believe he told the herd man your
mother gave him permission to do this but I thought
you had better know. Yours very truly,"
The appellant paid the balance of the purchase
money to Mr. W. E. Godfrey, solicitor who issued
a receipt for it to him. The solicitor became insolvent
after transferring only a part of the purchase money
to the respondents. They claimed that part of the
purchase money remained unpaid and they claimed
payment of the amount they had not received from
the solicitor, with interest, from the appellant. They
succeeded in the High Court and the grounds of
the decision were that the solicitor in obtaining the
.purchase money never purported to act as agent for
the bank and that he did not receive it as agent
for the bank. On appeal to the Supreme Court it
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