99 / 144
photograph, or film, and Section 2 prescribes that
(a)
any document (other than a document wholly
in print) which is over one hundred years old,
(/;) any painting, and (c) any document so de
clared by the Minister under Section 2
(a)
shall be
the articles to which the Act applies. The Act
makes it unlawful for any person to export an
article to which it applies without obtaining an
export licence therefor. Solicitors will need to
remember that muniments of title over one hun
dred years old are documents within the meaning
of the Act which may not be exported from fiire
either to Northern Ireland or England except
under licence. The Minister is required by Section
4 of the Act to grant an Export Licence on appli
cation, subject to obtaining from the applicant
such facilities as the Minister may consider
necessary for making within a reasonable time
photographic copies of the article. Where the
applicant for an export licence in respect of an
article to which the Act applies affords facilities
for the making of photographic copies of the
article the Minister has the right to publish or
use such copies in any manner which he thinks
proper.
Solicitor and Property of Bankrupt Client.
A solicitor acting for an undischarged bankrupt
may find himself in a dilemma in respect of
property of his bankrupt client coming into his
possession. Is he bound to hold the property for
the assignees in bankruptcy as after required
property irrespective of the wishes of his client,
and to refuse to surrender the property even to
his client, or can he obtain a good discharge for
the property by dealing with it in accordance
with his client's instructions? A careful solicitor
in Ireland will hesitate before dealing with the
property even on his client's instructions without
permission from the assignees, having regard to
Section 237 of the Irish Bankrupt and Insolvent
Act, 1857. The responsibility of English solicitors
has been made lighter by the decision of the High
Court, affirmed by the Court of Appeal, in In re
Samuel—ex purte the Trustee v. Kennan (61
T.L.R.581).
In that case the solicitors for an
undischarged bankrupt had on
their client's
instructions, and on her behalf, accepted delivery
of certain jewellery from her husband's solicitors.
On
their client's
instructions they held the
jewellery for a short time, and then delivered it
to another agent of the bankrupt, whom she
had instructed to sell the jewellery with a view to
the application of the proceeds of sale for the
education of her son. The solicitors delivered the
jewellery to their client's agent as instructed,
being aware of the purpose for which she intended
to apply it. They did not at any stage notify the
trustee
in bankruptcy of these
transactions.
Ultimately the trustee in bankruptcy called upon
the bankrupt's solicitors either to deliver to him
the articles of jewellery, or to pay him their value,
which they declined to do. On proceedings being
instituted by the trustee against the solicitors it
was held that it had not been established that
they had converted the property, and furthermore
that as solicitors for the bankrupt they had dealt
with the property only in a ministerial capacity,
and were not under any duty to withhold from
their client property to which they had no claim
as solicitors, even although the client had ex
pressed an intention of dealing with it in a
manner which would infringe the Bankruptcy
Act, 1914. According to Mr. Justice Evershed,
to hold that a solicitor as an officer of the Court
was under a duty to withhold property from his
client because he knew that she was an undis
charged bankrupt, and would probably deal with
it in a manner contrary to law, would place
solicitors under an impossible burden, which
would be contrary to the interests of justice, and
woiild be an unwarranted interference with the
position subsisting between solicitor and client.
The decision seems to be an admirable one, but
in applying it to Ireland consideration must be
given to the provisions of the Irish Bankrupt and
Insolvent Act, 1857, which seem more far reaching
than the corresponding provisions of the English
statute.
APPOINTMENTS.
New Dublin Sheriff.
THE Government have accepted the resignation
of Mr. Seamus 6 Conchubhair from the office of
County Registrar for Dublin. They have appointed
him to be Sheriff of the County Borough of Dublin
with effect from ]7th September, 1945.
Dublin County Registrar.
Mr. Micheal 6 Cleirigh, T.D.. Solicitor, has been
appointed County Registrar for Dublin.
Mr. 0 Cleirigh was admitted in Michaelmas
Sittings, 1935, and practised at Ballyhaunis.
LAND REGISTRY.
1st August,
1945.
FEE ON TRANSMISSIONS ON THE DEATH OF
A REGISTERED OWNER.
THE Registrar has directed that as from this date
no fees are to be charged on any transmission on
43