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Vol. 51
No. 5
November,
1957
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
Prttidnt
NULL S. GAFFNBT
Vitt-Pruidtntt
DESMOND J. COLLINS
CHARLES J. DOWNING
Setrttarj
EMC A. PLUNKETT
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL
SEPTEMBER igra : The President in the Chair. Also
present: Desmond J. Mayne, Francis X. Bruke,
Peter E. O'Connell, George G. Overend, James J.
O'Connor, Francis J. Lanigan, Thomas A. O'Reilly,
Ralph J. Walker, John J. Shell, John R. Halpin,
Patrick R. Boyd, John Carrigan, Desmond J. ColUns,
Dermot P. Shaw, Arthur Cox, Derrick M. Martin,
John J. Nash, W. J.
The following was among the business transacted.
Application under Section 16.
AN application was received from a solicitor asking
for permission to employ in connection with his
practice a former solicitor who was struck off the
roll for professional misconduct by an Order of the
Chief Justice made on a report from the former
Statutory Committee. Council having considered a
report from a Committee and the correspondence
and relevant circumstances decided to refuse the
application.
Privilege. Inquiries from Inspectors of Taxes.
A MEMBER wrote asking for the opinion of the
Council on the question whether a solicitor for the
executor of the estate of a deceased testator he is
entitled to supply to the Inspector of Taxes infor
mation concerning payments to the beneficiaries. On
a report from the Committee the Council decided
to inform member as follows :—
1. If member is not acting for the beneficiaries
no question of privilege arises as far as they
are concerned.
2. He is entitled to supply the particulars if the
personal representative so instructs him.
3. Neither the solicitor nor the personal repre
sentative is under any legal obligation to
furnish the information to the Inspector of
Taxes, but it may be necessary to furnish infor
mation as to the income of the estate in order
to obtain a certificate of clearance.
Public body. Documents taken up on re
turnable receipt.
MEMBERS wrote to the Society on the subject of the
refusal of a public body to lend title deeds on re
turnable receipt held by the public body as mort
gagees under the Small Dwellings Acts and which
were required by members as solicitors for the
mortgagor who intended to sell the property. The
Council ascertained that the practice of the public
47