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Negotiation fee on sale of lands
THE Council considered a query from
-a
member
on the following facts : Registered land, in respect
of which equities had been discharged, was put
up for sale by public auction. The purchaser attended
at the auction, purchased the land for £5,000 and
signed conditions of sale. He subsequently went
to his solicitor who advised him that the conditions
were in one respect unsatisfactory and subsequently
succeeded by negotiation with the vendor's solicitor
in having a paragraph added clarifying the position
as regards the crops growing on the land, which
were included in the sale, and also obtaining an
extension of the time for sending in requisitions
and for closing. The alterations were initialled
by the vendor. The proper costs to be charged
will be half the scale fee in the case of unregistered
land.
QUERY :
Is the purchaser's solicitor entitled to
the fee for negotiating the sale or must the scale
fee be reduced by the negotiation fee?
OPINION OF THE COUNCIL :
The solicitor
is
entitled to charge the negotiation fee.
District Court Rules Committee
MR. PATRICK F. O'REILLY was re-appointed one
of the Society's representatives on this Committee.
Applications under Section 47
THE Council considered applications from nine
solicitors, verified by affidavit in each case, for
liberty to take out their practising certificates for
the current year.
Each application was granted
subject to the payment of the current licence duty.
JANUARY 29111.
The President in the chair :
Also
present: Mr. James R. Quirke, Vice-President;
Messrs.
John B. Hamill, William
J. Norman,
Joseph P. Tyrrell, Patrick F. O'Reilly, Thomas A.
O'Reilly, Henry St. J. Blake, Henry P. Mayne,
William S. Hayes, Arthur Cox, Joseph Barrett,
Roger Greene.
The
following
was
among
the
business
transacted:
Applications under Section 47
THE Council considered applications from three
solicitors, verified by affidavit in each case, for
liberty to take out their practising certificates for
the current year. Each application was granted
subject to the payment of the current licence duty.
As the Council will not meet again until February
26th, a sub-Committee was appointed to deal with
48
applications under Section 47, which may be re
ceived before the date of the next meeting.
SPECIAL GENERAL MEETING OF
THE SOCIETY
A SPECIAL GENERAL MEETING of the Society was
held on THURSDAY, 2gth JANUARY,
1948.
The
President
in
the
chair: Also present: Messrs.
James
R.
Quirke,
Vice-President;
Joseph
Barrett,
H.
St.
J. Blake,
John
J. Bolger,
Arthur Cox, Roger Greene,
J.
B.
Hamill,
Wm. S. Hayes, H. P. Mayne, W. J. Norman, Daniel
O'Connell, P. F. O'Reilly, T. A. O'Reilly, J. P.
Tyrrell, D. Moran, Seosamh O Cuinneaghain,
George T. Eason, C. Gore-Grimes, J. J. Hickey,
J. S. Sealy, C. B. W. Boyle, O. G. Fry.
The Agenda for the meeting was as follows :
1. Appointment of five persons to be members of
the Nominating Committee of the Cultural
and Educational Panel pursuant to Section 22
of the Seanad Electoral (Panel Members) Act,
1947.
2. Proposal of two persons for nomination to the
Cultural and Educational Panel pursuant to
Section 27 of the Seanad Electoral (Panel
Members) Act, 1947.
It was proposed, seconded and unanimously
resolved that the following members of the Society
be appointed to act on the Nomination Committee
for the Cultural and Educational Panel :
Messrs.
Scan O hUadhaigh, John B. Hamill, Arthur Cox,
Henry St. J. Blake, Daniel O'Connell.
It was proposed, seconded and unanimously
resolved that the following members of the Society
be proposed for nomination to the Cultural and
Educational Panel:
Senator Louis E. O'Dea,
Mr. Patrick F. O'Reilly.
SEANAD ELECTIONS
As stated above, Senator Louis E. O'Dea of Eyre
Square, Galway, and Mr. Patrick F. O'Reilly of 8
South Great George's Street, Dublin, both past
Presidents of the Society and now members of the
Council, have been proposed by the Society for
nomination to the Cultural and Educational Panel
at the forthcoming election.
It would be greatly
in the interests of the profession that Senator O'Dea
and Mr. O'Reilly should be elected to the Seanad
and it is hoped that members of the profession
throughout the country will use their influence tc
obtain support for their candidature.