153 / 244
case the Council found that the solicitor had not
been guilty o f any impropriety as he had merely
acted in accordance with his legal obligations.
Incidence o f costs as between vendor and
purchaser
T
he
attention of the Council was drawn to a local
practice limited to a small areawhereby the conditions
of sale usually include a stipulation that the purchaser
will pay the whole o f the vendor’s solicitor’s costs.
It was decided in accordance with the previous
ruling o f the Council that this practice is contrary
to the interests o f the public and o f the profession,
and the Secretary was directed to write a letter to
each solicitor in the district drawing his attention
to the opinion of the Council and asking that it
should be followed.
M
ay
4
th
.
A special meeting of the Council
was held.
The President in the Chair. Also
present: Messrs. Sean O hUadhaigh, Thomas
A. O’Reilly, Dermot P. Shaw, John J . Nash,
John R. Halpin, Desmond Mayne, John J. Sheil,
Patrick R. Boyd, William J. Norman, John Carrigan,
Patrick F. O’Reilly, James R. Quirke, Joseph
Barrett.
Final Examination
T
he
Report of the Court o f Examiners was
considered and adopted.
Organisation o f the work o f the Council
P
roposals
circulated by
the
President were
considered and approved subject to certain
amendments.
M
ay
17TH.
In the absence o f the President, Mr.
Gaffney, Vice-President, took the Chair.
Also
present: Messrs. Francis J . Gearty, Vice-President,
John J . Sheil, Patrick R. Boyd, Desmond R.
Counahan, William J. Norman, Patrick F. O’Reilly,
Henry St. J. Blake, Arthur Cox, Gerald J. O’Donnell,
Reginald J. Nolan, George A. Overend, Louis
E. O’Dea, John R. Halpin, James R. Quirke,
Joseph P. •Tyrrell, Maurice M. Power, Thomas A.
O’Reilly, Sean O' hUadhaigh, T. A. Buckley,
John Carrigan, John J. Nash, James J. O’Connor.
Housing (Amendment) Act,. 1950 . Costs
o f obtaining certificate under Section 6
T
he
Council, on a report from a Committee,
decided to advise members that where a solicitor
applies to the Department of Local Government
for the certificate under Section 6 of the Housing
(Amendment) Act, 1950, for the purpose o f having
the lease stamped with
ad valorem
duty of 1 per
3
cent, on any fine payable thereunder, the services
rendered by the solicitor are not covered by. the
scale fee under the Solicitors’ Remuneration,
General Orders 1884 to 1947 or under the Land
Registration Rules 1934, as amended. The solicitor
for the purchaser is, in the opinion o f the Council,
entitled to make an additional charge and the Council
consider that a fee of £3 3s. is reasonable in respect
o f applications for the certificate in the normal
case.
Arbitration Bill, 1951
T
he
Council considered a report from a Committee
on a draft bill prepared by the Attorney General’s
department. It was decided to make representations
with regard to certain provisions therein concerning
solicitors’ costs and to inform the Attorney General
that subject to these points the Council consider
the Bill a beneficial measure.
Northern Ireland or English solicitors acting
for purchasers
M
embers
enquired whether the Council would
approve o f their dealing with a Northern Ireland
solicitor who is not entitled to practise in the
Twenty-Six Counties, acting for a vendor of property
in Dublin. The Council decided to inform the
members concerned that in accordance with previous
decisions there is no legal objection to a Northern
Ireland or an English solicitor’s acting for the vendor
or purchaser o f property in the Twenty-Six Counties
provided that all acts done by the solicitor are
performed outside the Twenty-Six Counties and
that members of this Society should recognise
their right so to act. The further question was
raised as to whether the usual receipt for the purchase
money in a deed executed by the vendor and
produced by a Northern Ireland or English solicitor
would be a good discharge for the purchase money
paid to that solicitor by the purchaser o f property
in the Twenty-Six Counties. The Council decided
to inform members that in their view the answer
is doubtful, and that members would be advised
to seek counsel’ s opinion thereon for the protection
o f their clients.
ORDINARY GENERAL MEETING
OF THE SOCIETY
M
ay
1 7TH.
. In the absence o f the President,
Mr. Niall S. Gaffney, Vice-President, took the
Chair.
The following members o f the Society
signed their names as being present:—Messrs.
Francis J. Gearty, Vice-President, Henry St. J.
Blake, Patrick R. Boyd, John Carrigan, Desmond
R. Counahan, Arthur Cox, John R. Halpin, John