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authority without the patient's consent. The matter
was taken up by the society with the Irish Medical
Association and correspondence was subsequently
received from the local bar association stating that
the medical practitioner concerned had given an
undertaking that there would be no recurrence of
this practice. It was decided to take no further action.
Auctioneers' Association
A committee reported the result of correspond
ence with the Irish Auctioneers' and Estate Agents'
Association on the subject of proposals to purchase
property and payment of the deposit. The Associa
tion agreed that an agreement for the sale or purchase
of property should not be drawn or prepared by
an auctioneer and that a proposal for a sale or
purchase which will be turned into an agreement
by signature falls within this category. They sub
mitted for the approval of the Council a form of
proposal expressly subject to contract. It was decided
to inform the Association that the Council have no
objection to the preparation of such document by an
auctioneer as a preliminary to a proper agreement to
be prepared by a solicitor.
Solicitor's right of access to prisoner
It was reported that a solicitor acting for the
accused on a criminal charge had been unable to
obtain permission to be present at an examination of
the prisoner conducted by a medical practitioner
.instructed by the defence in the presence of the
prison doctor. Enquiries were made by the Society
from the prison authorities and it has been ascer
tained that no difficulties will arise in such a case
where a solicitor wishes to be present at a medical
examination of his client by his own doctor if
reasonable notice is given to the prison authorities.
Family arrangement. Sale to personal repre
sentative
The council considered a report from a committee
as to the proper charges on a purchase by the
administrator of an estate of certain lands from the
beneficiaries by way of transfer and release as part
of a family settlement. Member had prepared a deed
of transfer and release in which all the next of kin,
including the administrator who was a beneficiary
released and discharged any interest which they
might have to the administrator beneficially. Member
acts for all the parties and the sale is by private
treaty.
The general principle is that in order to
charge the commission scale fee all
the work
specified in the general order must be substantially
performed. In Keeping
v.
Gloag (1888-58 L.T. 679)
it was held that the commission scale fee is not
chargeable on a transfer of property by trustees to
sons of the testators on coming of age, the trustees
having been authorised to retain and carry on the
business during the intervening period.
In the
Society's GAZETTE, June, 1957, the Council expressed
the opinion on certain facts that the costs should be
charged on the old system as ordered by schedule 2.
The facts were that a widow who was personal
representative of a deceased intestate registered
owner put property up for sale and bought it in
through an agent in trust for herself, the considera
tion being payments to each of the next of kin of an
amount found due on an account stated and settled.
The council on the report of the committee and on
the facts stated that the costs of the present case
should be charged on the old system as modified
by schedule 2 S.R.G.O., 1884 as amended.
June 13th: The President in the chair, also
present Messrs. Reginald J. Nolan, Dinnen B.
Gilmore, James R. Green, John J. Sheil, Gerald Y.
Goldberg, George G. Overend, Ralph J. Walker,
Peter E. O'Connell, Robert McD. Taylor, Eunan
McCarron, Thomas A. O'Reilly, Brendan A.
McGrath, Derrick M. Martin, John Carrigan,
John R. Halpin, Arthur Cox, Augustus Cullen,
Francis J. Lanigan, John Maher.
The following was among the business transacted:
Mr. James R. Quirke. Resignation from the
Council
The Secretary read a letter from Mr. Quirke
stating that he wished to resign from the Council.
The following resolution was passed :
That the Council accept with great regret the
resignation of their colleague Mr. James R. Quirke
and wish to place on record their deep appreciation
of the service rendered by Mr. Quirke to the
Society and the profession during his long period
as a member of the Council and as a former
President.
Lease. Duty of lessor's solicitor
A member was instructed by a landlord to draw
up a letting agreement in the usual terms.
The
tenant was not separately advised and arranged to
call to sign the agreement. Member is aware that the
house is on registered land and that the Land Com
mission annuity is still payable. In the circumstances
any letting made without the consent of the Land
Commission may be void. He enquired whether he
was entitled to have any dealings with the tenant.
If the tenant were separately advised it would be the
duty of his solicitor to advise him of the necessity of
obtaining the consent of the Land Commission.
Member, in effect, was instructed by the landlord to
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