673 / 822
difficulty in having contracts signed.
In one case,
which was mentioned by a member of the Council,
an objection by the purchaser's solicitor to such a
clause in the draft contract on a private sale led to
the termination of the negotiations for the sale of
the property which was sold the next day to another
party.
The Council are of opinion that the practice of
making the purchaser liable for an approval fee in
conditions of sale or contracts for sale either by
public auction or private treaty is to the advantage
neither of the public nor of the profession. They
have therefore passed the following resolution :
" That in the opinion of the Council no solicitor
should include in any conditions of sale or contract
for sale prepared by him any condition or clause
providing for the payment by the purchaser to the
vendor or his solicitor of a fee for the approval of
the draft conveyance, assignment or transfer, and
that the profession
throughout the country be
requested to give effect to this resolution."
In so far as the members of the public are concerned
there is no logical reason why the purchaser should
be obliged to pay any part of the vendor's costs
of sale which include the cost of approving of the
draft deed. The provision imposing such a liability
on the purchaser is unfair, and it is difficult to
justify it to a purchaser should he question it.
The dropping of the custom will not impose any
injustice on vendors or interfere with their rights.
The right to exact the payment in addition to the
purchase money depends entirely on contract, and
the practice of imposing such a liability on the
purchaser by contract seems to be an arbitrary one,
although it has become general in sales by auction.
In considering the position as it affects solicitors,
regard must be had to the provisions of the General
Order of 16th April, 1884, made under the Solicitors
Remuneration Act, 1881. By the operation of the
Land Registration Rules, 1937, the General Order
applies with modifications to sales and purchases
of registered land as well as to land not coming
within the provisions of the Registration of Title
Acts. By part I of Schedule I to the General Order
the scale fee is expressed to be the proper remunera–
tion " for all charges including .... perusing
and
completing
conveyance."
The vendors'
solicitor's work of perusing and approving the
draft conveyance is included in the remuneration
prescribed by the scale, and if the solicitor for the
vendor or the purchaser as the case may be, elects
to charge the scale fee there is judicial authority
that he may not charge anything more than the
scale fee. If therefore the vendor's solicitor receives
from the purchaser or his solicitor any sum pre–
scribed by the contract or conditions of sale as
payable by the purchaser to the vendor or his
solicitor as an approval fee, he must either pay it
to the vendor or allow him credit for it against his
costs of sale. The approval fee where it is stipulated
for is an indemnity by the purchaser to the vendor
against part of his costs and belongs to the vendor.
DEATH DUTIES
WE observe that the professional author of the ninth
edition of the standard work of
Hanson's Death
Duties,
recently published by Messrs. Sweet & Max–
well at £3 ios. od., is Mr. Jackson Wolfe, LL.D.,
who was previously a solicitor in Ireland and is now
in practice in England at the Chancery Bar. The work
has been completely re-written and is modelled on
annotations of each of the relevant sections of the
Finance Acts. Mr. Jackson Wolfe is a brother of
Mr. J. Travers Wolfe, Solicitor, a former President
of the Incorporated Law Society.
OBITUARY
MR. JAMES W. LANE, Solicitor, died at his residence,
i Warwick Terrace, Leeson Park, Dublin, on 8th
February, 1947.
Mr. Lane served his apprenticeship to Mr. Patrick
J. Masterson, Dublin, was admitted
in Hilary
Sittings, 1926, and practised at n St. Stephen's
Green, Dublin, as senior partner in the firm of
James W. Lane & Co.
MR. JOHN BRISTOW, Solicitor, died at Greenview,
Dunmanway, Co. Antrim, on 8th February, 1947.
Mr. Bristow was admitted a Solicitor in Trinity
Sittings, 1888, and practised as a member of the
firm of L'Estrange & Brett, at 9 Chichester Street,
Belfast.
MR. EUGENE F. COLLINS, Solicitor, died at his
residence, Linden, Leinster Road, West, Dublin, on
27th February, 1947.
Mr. Collins served his apprenticeship to the late
Jeremiah C. Blake, Cork, was admitted a Solicitor
in Easter Sittings, 1892, and practised as senior
partner in the firm of E. F. Collins & Son, at 19
Eustace Street, Dublin. He was a member of the
Council of the Society from 1929 to 1944, and was
Vice-President for the year 1934-35.
MR. CHARLES J. SPAIN, Solicitor, died at Roscrea,
on ist March, 1947.
Mr. Spain was admitted in Trinity Sittings, 1890,
and practised at Roscrea.
MR. JOHN WRAY, Solicitor, died at his residence,
The Mall, Rameltdn, Co. Donegal, on ist March,
1947.
Mr. Wray served his apprenticeship with the late
Mr. John Mackey, Ramelton, was admitted
in
Trinity Sittings, 1902, and practised at Ramelton.
64 ,