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The following was among the business transacted :
Standard contract and conditions of sale
It was decided to send a case to counsel together
with the standard forms used by
the Dublin
Solicitors' Bar Association with instructions
to
settle draft standard contracts and conditions of sale
for use by members of the Society.
Registered land voluntary transfer costs
On a report from the committee the Council
expressed the opinion that the costs of a voluntary
transfer in the second schedule, part I, of the Land
Registration (Solicitors' Costs) Rules, 1962, include
the remuneration for adjudication of stamp duty
and stamping the transfer.
Commission scale fee for administration work
On a report from a committee the Council stated
that the gross assets for the purpose of calculating
the commission scale fee include a holding (whether
large or small) which may incidentally be sold in the
course of the administrationwhere the commission the
scale fee under the Solicitors' Remuneration General
Orders is also chargeable in respect of the sale. The
question whether the commission scale fee is the
proper basis of charge for the administration work
or whether the work should be paid under schedule
II, S.R.G.O. 1960 is a matter for the solicitor having
regard to all the circumstances including the amount
of work carried out in the administration. The com
mission charge is intended for use in normal cases
where it would be approximate to the charges drawn
under schedule II.
Privilege—Section 103, Income Tax Act, 1918
The committee reported on an enquiry from
a member who had received a letter from the
Inspector of Taxes requiring particulars of all bank
accounts with names of persons who were entitled
to the interest on the accounts.
The committee
referred to the decided case, Commissioner of Inland
Revenue
v.
West Walker (1954 New Zealand Law
Reports 191) and advised member to rely on this
decision. A precis of the case is printed in this issue.
Patents Bill, 1963
The Parliamentary Committee
reported
on
representations made to the Minister for Industry
and Commerce on the subject of certain sections in
the Bill which as introduced would enable unqualified
persons to prepare deeds of assignment of patents
and which would also confer a right of audience in
the High Court on persons other than barristers
instructed by solicitors as the result of the represen
tations made, the sections were substantially modified
to meet the views of the Society.
Superior Courts Rules Committee
Mr. Ralph J. Walker was re-appointed as a member
of the Superior Court Rules Committee.
MARCH i ZTH :
The President in the chair. Also
present:
Thomas
J. Fitzpatrick, Thomas A.
O'Reilly, Desmond Moran, Peter D. M. Prentice,
Ralph J. Walker, Niall S. Gaffney, James R. C.
Green, Dinnen B. Gilmore, Joseph P. Black,
Robert McD. Taylor, Thomas H. Bacon, Peter E.
O'Connell, Gerald J. Moloney, William A. Osborne,
Augustus Cullen, Patrick O'Donnell, John C.
O'Carroll, Daniel
J. O'Connor, Thomas V.
O'Connor,
John
J. Nash, Eunan McCarron,
Francis
J. Lanigan, George A. Nolan, John
Carrigan, John Maher, Gerard M. Doyle, Richard
Knight.
Land Registration Rules Committee
Mr. Francis J. Lanigan was re-appointed as a
member of the committee.
Circuit Court Rules Committee
Mr. Eunan McCarron was re-appointed as a
member of the committee.
Compensation Fund
Claims amounting to £2,821 os. od. were admitted
for payment.
Law Clerks Joint Labour Committee
Mr. D. J. O'Connor reported that the committee
decided to make an order for an increase of 12%
on the statutory minimum wage rates in solicitors'
offices following the ninth round wage increase.
Solicitors' remuneration
The Secretary reported that an application had
been made to the Superior Courts Rules Committee
and the statutory body under the Solicitors' Remuner
ation Act, 1881, for an increase of 12% on solicitors'
profit remuneration and applications were also
being made to the Circuit and District Court Rules
Committees, the Land Registration Rules Committee
and the committee which regulates costs in Land
Commission proceedings.
The application is in
respect of all charges other than the commission
scale fees in conveyancing matters.
COUNTY AND CITY OF LIMERICK
SESSIONAL BAR ASSOCIATION
At the annual general meeting of the above
association held on 28th October, 1963, the following
officers were elected.
President:
Niall S. Gaffney;
Hon. Treasurer:
Thomas E. O'Donnell;
Hon. Secretary:
James I.
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