278 / 328
OCTOBER 3isr : The President in the chair, also
present Messrs. Desmond J. Collins, Desmond
Moran, Thomas A. O'Reilly, Peter D. M. Prentice,
James R. C. Green, Dinnen B. Gilmore, Ralph J.
Walker, John C. O'CarroU, Brendan A. McGrath,
R. McD. Taylor, Rory O'Connor, W. A. Osborne,
Daniel J. O'Connor, Eunan McCarron, William A.
Tormey, George G. Overend, Peter E. O'Connell,
John Maher, Thomas J. Fit2patrick, John Carrigan,
Cornelius J. Daly, James W. O'Donovan, John J.
Nash, T. V. O'Connor, Gerard M. Doyle and
Raymond A. French.
The following was among the business transacted :
Lessors
—separate
representation
A, who recently died, was tenant for life of
property and B and C are entitled immediately in
remainder under the settlement. D is also a remainder
man under a title derived through other persons.
The remainder men wish to make leases of the
property. The solicitor for B and C has the title
deeds and can make title on behalf of his client
which is straightforward. D wishes to be separately
represented and his solicitors will deduce his title
and will act for him in connection with the execution
of the leases which will be drawn by the other
solicitor. The Council were asked to arbitrate on
the question as to how the costs should be divided
and paid. The Council stated that if the lessees
require the lessors to deduce title they must pay
therefore under Schedule 2 to the several solicitors
for the lessors. The Council further stated that the
solicitors for B and C were entitled to charge the
commission scale fee on the rent and should pay
thereout to D's solicitors an appropriate fee for the
approval and execution of each lease having regard
to the scale fee payable by the lessee in each case.
Registered land—discharge of equities
Member acted for the vendor on the sale of
registered property under a contract which did not
preclude the purchaser from obtaining sufficient
title to discharge the equity note. Member supplied
such title as was asked for and accepted by the
purchaser's solicitor but he was in some doubt as
to whether the title so furnished would be sufficient
to discharge the equity note and he has no knowledge
as to whether the purchaser's soliritor made an
application for the discharge thereof. He asked the
Council for guidance as to the scale of costs charge
able against his own client the vendor. The Council
stated that that if member supplied such title as was
accepted by the purchaser's solicitor as sufficient to
discharge the equity note member was entitled to
charge the full commission scale fee.
Certificate of discharge from death duties
The Council on an enquiry from a member stated
that the recent ruling that the vendor's solicitor is
entitled to charge, in addition to the commission
scale fee, against his own client, a fee for obtaining
the income tax certificate under Section 6 of the
Finance Act, 1928, would not apply to the certificate
of discharge from death duties. The Council stated
that the considerations applicable to a Section 6
Certificate were different to those applicable to a
certificate on discharge of death duties, and accord
ingly that no fee over and above the commission
scale fee would be chargeable against the vendor
for obtaining the last mentioned certificate.
Medical reports
A member asked for guidance from the Council
as to whether he would incur any professional
liability when acting for a named client by writing
a letter to a medical practitioner stating that he was
instructed by the client whom he named, to request
the practitioner to furnish a medical report. The
Council stated that in their opinion such a letter
would not impose any legal or professional liability.
NOVEMBER ZIST : The President in the chair, also
present Messrs. R. McD. Taylor, D. J. O'Connor,
Augustus Cullen, Peter E. O'Connell, W. A.
Osborne, John Maher, Thomas H. Bacon, Edward J.
Dillon, Brendan A. McGrath, Ralph J. Walker,
D. B. Gilmore, John J. Nash, Peter M. M. Prentice,
James W. O'Donovan, James R. C. Green, R. A.
French, Desmond Moran, Niall S. Gaffney, George
G. Overend, John Carrigan, Desmond J. Collins,
Eunan McCarron, Patrick O'Donnell, Joseph P.
Black and Reginald J. Nolan.
The following was among the business transacted :
Probate Office, personal applications for
grants
The Council considered a report from a deputation
which was received by the Minister for Justice and
decided to make further representation urging that
a value limit should be placed on the amount of the
assets in cases in which the Probate Office provides
facilities for personal applications for grants of
probate in administration.
Alteration of Circuits
The Society received a letter from the Department
of Justice advising the Council of the proposed
transfer of County Sligo from the Northern Circuit
to the Midland Circuit and County Laois from the
Midland Circuit to the South Eastern Circuit as from