The Gazette 1949-1952

was prepared by a solicitor, and that, permission

having been sought from the Governor, it was

immediately granted. The Council decided to

make no further representations in the matter as

they were satisfied that it is not unreasonable that

permission should be sought from the Department

to r the signing o f such petitions, and that, provided

that the permission is in the normal case granted,

no injustice is likely to be caused. If, however,

there were a general complaint of difficulty in the

submission o f petitions prepared by solicitors on

behalf of prisoners it would be necessary to make

further representations.

Mortgagor—inspection o f title deeds

mortgagor

informed the mortgagees’ Dublin

office that he intended to redeem the mortgage.

The Dublin office obtained the title deeds from

London and the mortgagor was duly informed

«nd was asked for the name of his solicitor. The

mortgagees’ Dublin office subsequently wrote to

their solicitor that the borrower would not redeem

«nd asked him to return the deeds to London.

The Dublin office asked their solicitor to name his

fee which would be collected from the borrower.

He named a sum o f

£ 1

n s . 6d. and the deeds

were returned to London, without having been

inspected by the borrower or any person on his

behalf. The Council were asked to say whether

the borrower was liable for the costs or any part

thereof. In the opinion of the Council the borrower,

having requisitioned the documents, was liable for

the costs under Section 16 (i) Conveyancing Act

1 881, although he did not attend to inspect them.

As a matter of practice the Council were o f opinion

that a fee should not be charged against the borrower

where documents are produced by solicitors acting

for a bank, insurance company, building society,

or other company carrying on the business of

advancing money on mortgage.

Estate Duty on Stock Exchange securities

h e

Council considered a motion proposing that

the Society should seek amendment o f the law

relating to the assessment o f estate duty and the

issue o f grants o f representation such as will enable

stock exchange and other wasting assets, standing

in the name o f a deceased person, to be sold without

delay after the owner’s death, either by means of

an immediate limited grant secured by a revenue

bond or the vesting o f such assets and the proceeds

thereof in a public trustee for this purpose, in advance

o f the assessment of such duty and o f the issue of

the general grant o f representation. After a dis

cussion in which disapproval was expressed o f the

proposal to have property vested in a public trustee

it was decided that the President and Secretary

should seek an interview with the Head o f the

Estate Duty Office for the purpose o f discussing

the question.

Circuit Court Rules Committee

. J

oseph

y r r e l l

was re-appointed as one

o f the Society’s representatives on the Committee

for a further term o f five years.

Special Examiner, Preliminary Examination

. J

ohn

J .

O ’M

e a r a

M.A.,

D.Ph.

, Professor of

Latin, University College, Dublin, was appointed

Special Examiner in place of the late Dr. K . C.

Bailey, F.T.C.D.

ERRATUM

Southern Law Association

the January issue of the Society’s

a z e t t e

was stated that Mr. Timothy A. Buckley had been

elected President o f the Association for the year

1951-52.

This statement was an error.

Mr.

Cornelius J. Daly is President for 1951-52 and the

extraordinary members on the Council o f the

Society are—Messrs. Timothy A . Buckley, Cornelius

J . Daly, John F. Foley, Edmund Hayes, Joseph

Morrissey.

FORMATION OF LIMITED COM-

PANIES—FUNCTIONS OF SOLICI

TOR AND ACCOUNTANT

o llow ing

representations made by the Council of

this Society to the Society o f Incorporated Accoun

tants in Ireland the following statement has been

published in the issue o f

Accountancy

for January,

1952.

“

Irish Branch

The Council o f the Society o f Incorporated

Accountants in Ireland has been in correspon

dence with the Incorporated Law Society of

Ireland with reference to the preparation of

memoranda and articles o f association for

companies. The Council is advised that a

member o f the Society of Incorporated Accoun

tants in Ireland who prepared a memorandum

o f association and articles o f association would

not, by so doing, be infringing the law, but

the Council is nevertheless of opinion that a

member should not draft or settle the documents

in final form, any suggestions he makes being