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Members are recommended to consider the de–
sirability of insuring documents sent through the
post, the replacement of which may be expensive,
because of the stamps they bear, or of the cost of
re-writing.
A Sub-committee was appointed to consider the
Administration of Estates Bill, 1957.
It has been
suggested to the Revenue Commissioners that £5
Land Registry Stamps should be issued, and made
available at the Four Courts Stamp Office, as it has
been found that a higher denomination than the
existing £i stamp is desirable.
A Sub-committee has been appointed to
inter–
view the County Registrar relative to the appoint–
ment of Civil Bill Officers for the District Court,
and their duties.
The Council noted with gratification the passing
of a resolution at the last half-yearly meeting of the
Law Society recommending that the Association
should be able to nominate extraordinary members
to the Council of that body.
Other matters having been reported on, the next
meeting of the Council was fixed for Wednesday,
4th June, 1958.
STATUTORY NOTICE TO CREDITORS
ENQUIRIES are sometimes received from members
as to the statutory requirements in publishing the
notice to creditors. The method of publication is
laid down by 22 and 23 Vie. Cap. 35, section 29.
The statute provides that where an executor or
administrator shall have given or the like notice
as in the opinion of the Court would have been
given by the Court of Chancery in an adminis–
tration suit for creditors and others to send in their
claims against the estate, such executor or adminis–
trator shall, at the expiration of the time named in
the said notice, be at liberty to distribute the assets
having regard only to the claims of which he shall
have received notice. According to the latest infor–
mation received from the Examiners' Department
of the High Court of Justice the present practice
with regard to notification of creditors in adminis–
tration matters is as follows : An advertisement
for creditors in the form of No. 3 of appendix L of
the 1905 rules is directed to be published in two
newspapers, twice in each paper allowing an interval
of a week between publications. If the deceased
person resided in Dublin, two Dublin dailies are
selected ; if in the provinces, one Dublin dailly and
one provincial newspaper circulating in the district
of the residence of deceased. Claims are required
to be sent to the solicitor for the personal representa–
tive on or before a date at least two weeks after the
date of the last publication,
...
FIRST LAW EXAMINATION
MEMBERS are asked to bring to the notice of their
apprentices that at the first law examination to be
held on the ist and 2nd September the questions on
real and personal property may include questions
on leasehold interests, including the Landlord and
Tenant (Ireland) Act, 1860, but will not include
questions on (i) the Rent Restrictions Acts, (2) the
Landlord and Tenant Acts, 1931-1958, (3) registration
of titles, (4) conveyancing, or (5) Registration of
Deeds.
EXAMINATION DATES
Examination
First and
second Irish
Final
First Law
Preliminary
Book-keeping
Last day
for Notice
Date
July 4th and 5th
June
Sept. 19th and zoth
August 29th
Sept. ist, 2nd and 3rd August nth
Sept. ist and 2nd
August nth
Sept. znd and 3rd
August i2th
Sept. 3rd
August i3th
DECISIONS OF PROFESSIONAL
INTEREST
Purchaser entitled to rescission of contract ifparticulars in
a
sale by auction of a reversion on
the death of an
annuitant contain
an
innocent misrepresentation made
by vendor's solicitors.
The sale particulars prepared for the vendor of an
absolute reversion in a trust fund on the death of
an annuitant contained
the statement
that the
annuitant was " believed to have no aggregable
estate." The vendor was selling as the trustee in
bankruptcy of the beneficial owner. The name of the
(well-known) firm of solicitors who had prepared
the particulars was printed in bold type. In fact,
the statement in question was made by a litigation
clerk who was dabbling in conveyancing and who,
it was found, had no inkling of the meaning or the
materiality of the statement. No sufficient inquiries
as to the probable size of the annuitant's estate had
in fact been made. The purchaser sought rescission.
Upjohn, J., acquitted the defendant vendor and his
agents and representatives of dishonesty, but he
held that the purchaser was entitled to relief on the
basis of an innocent material misrepresentation on
which he had acted. The defendant appealed.
Lord Evershed, M.R., in dismissing the appeal,
said that to succeed on the sole ground now re–
maining, that of innocent misrepresentation, the
plaintiff had to establish that there was are presenta–
tion of a material fact which was untrue, and that
the plaintiff in entering into the statement of belief