220 / 324
the Circuit Judge but that the Society should take
no action.
The report was adopted.
Search or correspondence fee.
A SOLICITOR acting for the widow and personal
representative of a deceased
testator wrote
to
another solicitor on her instructions asking him to
hand over any deeds and documents in the latter's
possession belonging to the deceased.
The only
document in the last mentioned solicitor's possess
ion was an original grant of probate of the Will
of deceased's father. The Council were asked for
their opinion as to whether
(a)
the document is a
valuable document within the meaning of Opinion
90 and
QJ)
whether the solicitor holding the docu
ment is entitled to a search or correspondence fee
on the ground that the requisitioning solicitor had
not stated his client's title thereto.
The Council,
on a report from a Committee stated that
(a)
the
document is a valuable document within the meaning
of Opinion 90 (£) that the solicitor holding it is
not entitled to charge a search or correspondence
fee.
Family arrangement for sale and purchase.
Costs.
THE widow and personal representative of a deceased
intestate registered owner of land put a holding up
for sale and bought it in through an agent who
purchased in trust for £3,100.
The widow was
unable to find the necessary money to finance the
purchase re-sold part of the holding for £350
and retained the balance.
The assurance to the purchaser was by a release
from the next of kin setting out the
title,
the
consideration being payments to each of them of
£500 being the amount due on an account stated
and settled. The solicitor acting for the purchaser
enquired whether he should charge the commission
scale fee on £3,100 the amount mentioned in the
conditions of sale. On a report from a Committee
the Council stated that the costs should be charged
by items.
Settlement without prejudice.
Subsequent
insolvency of party.
MEMBER acted for a limited company which was a
defendant in proceedings for a
liquidated sum
but was wrongly named in the civil bill. An offer
of settlement made without prejudice was sub
sequently accepted by letter from the plaintiff's
solicitor also marked without prejudice.
Before
acceptance of the offer member on the directors'
instructions
summoned
a meeting of creditors
and brought a petition for voluntary liquidation
of the Company.
The defendant's solicitor had
previously received the sum of £3 5
from one of
the directors for the purpose of the settlement
and he enquired whether in the view of the Council
he should pay this sum to the plaintiff's solicitor
in settlement of the claim or to the liquidator of
the Company. On a report from a Committee the
Council stated that (i) if the sum of £3 5 was paid
out of the Company's moneys it now belongs to
the liquidator (2) if it was paid by the director out
of his own moneys member must deal with it in
accordance with the client's directions (3) on the
facts stated there was no personal undertaking by
the defendant's solicitor to the plaintiff's solicitor.
Vacancy on the Council.
MR. C. J. GORE GRIMES Dublin was co-optecl from
the supplemental list to fill the vacancy caused by
the death of the late Mr. Henry St. J. Blake.
MR. H. ST. J. BLAKE DECEASED.
THE Council deeply regret to record the death of
Mr. Henry St. John Blake of Galway on ijth May,
1957. The late Mr. Blake was admitted in Michael
mas Sittings 1923 and practised at Galway. He was
elected to the Council on 26th day of November
1933, served as Vice-President in the year 1937-38
and as President in 1946-47. At their meeting on
May 30th the Council passed a vote of sympathy
with his widow and family.
Reception
for Members of American
Bar
Association.
FORMS of application for cards for the reception on
August ist were issued with
the June
Gazette.
Members who wish to attend the reception with their
wives or guests are asked to make early application
to facilitate the Society in issuing invitation cards.
DUBLIN
SOLICITORS BAR
ASSOCIATION
A MEETING of the Council of the Association was
neld on Wednesday, the 5th of June, 1957.
The form of contract for sale by private treaty
prepared under the auspices of the Association has
been found very useful and popular. The Council
accordingly have acceded to requests that it may be
purchased by all Solicitors interested, and not
only by members of the Association.
A subcommittee of Messrs. Vanston, Gibne}>
Wolfe and R. Walker has been appointed to make