316 / 328
ist October, 1963, for a term of 21 years in con
sideration of fine of £735 and a weekly rent of
-£6
os. od. The Council expressed the opinion in
each case that the transaction was substantially a sale
and that each party should pay his own costs.
Search
fee
A client of a member purchased a property in
1941 and member retained the documents of title
for safekeeping until the death of the client in 1962.
The owner died intestate and his widow took out
a grant of administration and consulted other
solicitors. She gave them in authority to take up
the documents of title from the first mentioned
solicitor. The Council were asked to decide whether
as between the parties the solicitors who hold the
documents of title are entitled to a fee for getting
them up and satisfying themselves as to the title
of the administratrix.
The Council decided that
members are under an obligation to hand over the
documents to the personal representative of the
deceased owner free of charge.
Lodgment in satisfaction of counter-claim
On the suggestion of the Dublin Solicitors' Bar
Association the Council decided to make represen
tations to the appropriate authorities that rules
should be made permitting a lodgment in satisfaction
of a counter-claim in an action for negligence.
Professional negligence
Members acted as solicitors for a bank who were
appointed executors of a will and took out a grant
of probate. The assets included Government stock
issued subject to the condition that the stock could
be tendered in satisfaction of death duties. At the
material date the market value of the stock was below
par. Neither the executors nor the solicitor had
adverted to this fact and the beneficiaries held the
executors responsible for the amount which could
be saved in death duties if the stock had been duly
tendered. The bank-executors suggested that the
solicitors should bear half of the loss and the matter
was submitted to the Council for a decision. The
Council expressed the opinion that the solicitors
should as a matter of professional practice bear
half the loss. Each of the parties had agreed to
accept the ruling of the Council.
Professional privilege
Members were requested by an inspector of taxes
to supply the name and address of a client so that
the inspector could communicate with the client
on the subject of possible liability for tax. The
member asked the Council for guidance and the
Council expressed the opinion that the information
should not be given without the permission of the
client.
Solicitors' remuneration
The Council considered the draft of the Solicitors'
Remuneration General Order, 1964, received by the
Society from the statutory body under the Solicitors'
Remuneration Act, 1881, and directed that the draft
order should be returned to the statutory body with
the comments of the Council pursuant to section 3
of the Act.
SITTINGS OF THE CIRCUIT COURT.
EASTERN CIRCUIT.
By direction of His Hon. Judge Deale the sittings
of the Circuit Court fixed for Drogheda commencing
ijth June and
i4th October, 1964, have been
transferred to Dundalk. All future sittings after
I4th October, 1964 which would ordinarily have
been held at Drogheda have been transferred to
Dundalk and all business of the Court ordinarily
returnable for hearing at Drogheda is returnable
at Dundalk until further order.
COMMISSIONERS
OF
CHARITABLE
DONATIONS AND BEQUESTS
BOARD MEETINGS
(EASTER AND TRINITY TERMS)
Tuesday
...
...
14th April, 1964
...
28th
„
...
izth May,
...
26th
„
9th June,
...
23rd
„
...
yth July,
...
28th
„
CRIMINAL JUSTICE ACT, 1964
The above Act passed by both Houses of the
Oireachtas on i8th March, 1964, is a short Act of
eleven sections. The Act in following the current
trend in social thinking restricts the death penalty
to treason and capital murder. The Act contains
a number of amendments
to previous statutes
covering a period from the Piracy Act, 1883, to the
Geneva Conventions Act of 1962.
It should be
noted that the Act does not abolish the death
penalty completely but merely restricts same.