64 / 266
of a stipulation to the contrary, was not liable for
any part o f the lessor’s costs.
Cases stated. Costs o f preparation
R
ule
200 of the District Court Rules 1948 provides
that a District Justice may, if he thinks fit, receive a
draft of the case stated from the parties with a view
to securing agreement.
Where, however, the
solicitors prepare the case stated for the Justice’s
approval no costs are allowed for this work as
between party and party. It was decided to make
representations to the appropriate authorities.
Sale with release from mortgagees
P
roperty
was sold free o f incumbrances and it
was necessary to obtain a release from the mortgagees
on completion. The vendors proposed that the
mortgagees should join in the conveyance to the
purchasers.
The purchasers insisted that the
charge should be released by separate deed and
relied on the statement in Williams on Vendor and
Purchaser, 3rd edition, Volume 1, page 583. The
purchasers subsequently agreed to accept a convey
ance in which the mortgagees would join to release
the mortgage if the purchaser’s costs o f approving
the release embodied in the conveyance were paid
by the vendors. The vendors refused to pay any
costs and the question was submitted to the Council.
In the opinion of the Council the purchasers appear
to be entitled to a release by separate deed having
regard to the statement in Williams on Vendor and
Purchaser, but having regard to the general practice,
the Council thought that it would be unreasonable
to insist on it. The Council were also of the opinion
that by whichever method the release was effected,
the purchasers’ solicitors were not entitled to pay
ment o f any costs from the vendors as the work
was covered by the scale fee.
1
Notaries Public
T
he
Council decided to make representations to the
Chief Justice asking that the Society should be
made a notice party on all future applications by
persons seeking admission as notaries public,.
Duty o f solicitor to make disclosure to the
Court
O
n
a
pedigree inquiry before the Examiner there
were three claimants—X , Y , and Z. AB, a member
o f the Society, acted for X . Y had carriage o f the
enquiry. X admitted the claim of Z, but instructed
AB to have Y ’s claim disallowed, if possible, as
he believed Y ’s proofs were defective. The claims
of X and Z were established before the Examiner
but Y had not succeeded in proving his claim.
In the course of his investigations on behalf o f
X , AB discovered a document which was not
material to X ’s claim, but which, if disclosed to
the Court, would certainly establish Y ’s case.
Y ’s solicitor was unaware of and unlikely to discover
this document. The following are the questions
submitted to the Council and their opinion on each.
(a)
Should AB , as an, officer of the Court, advise
X to instruct him to disclose the existence o f the
document ? Answer :
Yes.
(b)
Would it be either a criminal offence or pro
fessional misconduct on A B ’s part not to disclose
its existence ? Answer :
I t would be professional mis
conduct i f
AB
were knowingly to conceal the existence o f
the document.
(c)
I f X instructs AB not to disclose the existence
of the document and is willing to swear a pedigree
affidavit containing no reference to it, what course
should AB adopt ? Answer : AB
should refuse to act
fu rther in the matter.
(d)
Assuming that A B ’s retainer is discharged
by X or by AB himself, is AB under any obligation
to disclose his knowledge to the Court to prevent
the making of a wrong order or is he precluded
from doing this by the client’s privilege ? Answer :
In the circumstances,
AB
should inform the Examiner
o f the document with or without the client’s instructions.
INDEX OF STATUTORY
INSTRUMENTS
R
eceived
by the Society pursuant to the Statutory
Instruments Act, 194.7. The last list was printed
in the Society’s
G
azette
for August, 1952.
AGR ICULTURE, LAND AND F ISH ER IES
S
u bject
M
atter
and
R
eferen ce
N
um bers
.
Agricultural Wages (Minimum Rates)—26/1953, 27/1953.
Agricultural Wages (Minimum Rates for Weekly Half-
Holidays)—42
[ 1
953.
Butter (Non-Creamery)—Prohibition o f Export—267/1952.
Dublin District Milk Board—Emergency Provisions Revoked
— 271/1952.
Genus Quercus—Import prohibited—371/1952.
Importation o f Forest Trees Prohibition—271/1952.
Milk Regulation o f Supply Act, 1952 (Commencement)—
272/1952.
Poultry Hatcheries Regulations—33/1953.
Reconstituted Whole Milk—38/1953, 43/1953.
Supply o f Creamery Milk to Dublin—Emergency Provisions
Revoked—271/1952.
Tobacco (Areas for 1953)—344/1952.
Turkeys, Geese, Duck and Fowl—Export Prohibition revoked
during Christmas Season—323/1952.
COMMODITIES, GOODS AND SERV ICES
S
ubject
M
atter
and
R
eferen ce
N
umbers
American Coal (Maximum Prices in Cork)—302/1952.
Bananas (Maximum Prices Revocation)—342/1952.
Cast Iron Scrap (Maximum Prices Revocation)—24/1952.
Candles (Maximum Prices Revocation)-^32/1952.