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COMMITTEES, 1953

Statutory Committee

C

hairman

,

Arthur Cox ; Joseph Barrett; Patrick

R. Boyd ; John R. Halpin ; William J . Norman ;

James R. Quirke; Joseph P. Tyrrell.

Court o f Examiners

C

hairman

,

James R. Quirke; John R. Halpin,

J . Nash, Thomas A. O’Reilly, Sean O hUadhaigh,

Ralph J. Walker.

Legislation and Privileges Committee

C

hairman

,

Thomas A. O’Reilly; Henry St. J.

Blake, Cornelius J. Daly, John Maher, Louis E.

O’Dea, Senator O’Reilly, Sean O hUadhaigh,

George G. Overend, John J . Sheil.

Court and Offices Committee

C

hairman

,

Joseph Barrett; Desmond R. Counahan,

Niall S. Gaffney, Desmond J. Mayne, George G.

Overend, Gerald O’Donnell, Dermot P. Shaw,

Maurice M. Power, Ralph J. Walker.

Finance Committee

C

hairman

,

Senator Patrick F. O’Reilly; Patrick R.

Boyd, Desmond Collins, Francis J. Gearty, Francis

J. Lanigan, Desmond J. Mayne, William J. Norman,

John J. Nash, Dermot P. Shaw.

Gazette Committee

C

hairman

,

John Carrigan; Joseph Barrett, Cornelius

J. Daly, Charles J . Downing, Niall S. Gaffney,

Francis J . Lanigan, John Maher, Peter E. O’Connell,

John J. Sheil.

The President, Vice-Presidents and the last

President are ex-officio members o f the Committees,

except the Statutory Committee.

HIS EMINENCE CARDINAL

D’ALTON

The President, Mr. Cox, sent a message o f con­

gratulation from the Council to His Grace the Most

Rev. Dr. D ’Alton on his elevation to the College

of Cardinals and received a letter from His Grace

thanking the Council.

CORRECTION

T

he

report o f an opinion o f the Council printed in

the November issue o f the Society’s

G

azette

contained some errors. The following is the correct

version;—

AB on retiring agreed to sell his practice to CD.

Differences subsequently arose about the purchase

price. It was a term o f the contract that AB should

receive the costs and discharge the liabilities o f the

practice down to the date o f the contract. CD took

over the office premises and property but continued

practising under his own name. When CD took

over the practice a sum o f -£58 5s. n d . was due to

foreign correspondents who had been instructed

by AB. CD subsequently instructed the same

correspondents on fresh business and the costs

incurred were £44 15 s. 6d. The foreign correspon­

dents held CD liable for the entire sum o f .£93 is. 5d.

on the ground that they were not concerned with

the arrangements between AB and CD after the

latter had taken over the practice. CD admitted

liability for the sum o f £44 15 s. 6d. and asked the

Council whether as a matter o f professional etiquette,

apart from the question o f legal liability, he should

pay the entire sum o f £93 is. 3d. or whether pro­

fessional etiquette would be satisfied by payment o f

the sum o f £44 15 s. 6d., being the costs due for

the work on which he personally instructed the

foreign correspondents.

The Council expressed the opinion that as a matter

of professional etiquette (apart from the question

of law with which the Council were not concerned)

CD was liable only for the sum o f £44 15 s. 6d.

in respect o f the business in which he himself

instructed the correspondents. This opinion was

based on the fact that CD did not take over the

name of AB but continued practising under his

own name. The privity o f CD with his correspon­

dents arose only when he instructed them on fresh

business after taking over the practice. I f he had

continued to practise under A B ’s name with or

without the words “ and Co.,” different considera­

tions might arise. The professional obligation o f

AB to pay the sum o f £58 5s. n d . continued.

RECENT LEGAL LITERATURE

Irish Taw Times and Solicitors’ Journal:

n th October—“ Doctrine o f Secret Trusts in

Ireland, I.”

1 8th October— Doctrine o f Secret Trusts in

Ireland, II.”

1st November—“ Garda Siochana (Compensa­

tion) Acts (1941-45), 1.”

8th November—Garda Siochana (Compensa­

tion) Acts (1941-45), II.”

15th November—“ Remoteness o f Damage in

Law of Tort, I.”

22nd November—“ Remoteness o f Damage in

Law of Tort, II.”