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Society of Ireland wish respectfully to offer their
sympathy to His Excellency the Papal Nuncio, and
to record their sorrow on the occasion of the death
of His Holiness Pope Pius XII."
The Council requested the President and Secretary
to call at the Nunciature, Phoenix Park, to express
their sympathy.
Restaurant in Four Courts
IT was decided that the Secretary would make
representations
to
the Commissioners of Public
Works on the subject of the inconvenience caused
to members of the profession by the absence of
restaurant facilities
in
the Four Courts during
term.
" Without
Prejudice"
Settlement
with
Insurance Company
THE Council considered a further report from a
committee on this matter, to which reference was
made in the Society's
Gazette
July 1958. On the
facts as given to the Council an insurance company
refused to carry out the terms of a settlement made
in correspondence marked " Without prejudice "
on each side, on the ground that their insured in
tended to take proceedings against the claimant,
and that in the circumstances the offer in settlement
must be withdrawn. The Committee having further
considered the matter reported that in their opinion
the settlement, although expressed
to be made
without prejudice, may be legally enforceable, and
might be proved without reference to the corres
pondence. Members were advised
to consider
taking proceedings on foot of the settlement against
the company or their insured. It was directed that
a letter should be written to the company informing
them of the advice given to members.
Duty of solicitor acting for accused on a
criminal charge
MEMBER appeared for an accused man who was
convicted in the Circuit Court on a charge of assault
and robbery and sentenced to imprisonment for
nine months. Member's costs including counsel's
fees were paid. Member subsequently received a
letter from the County Registrar stating that he had
received notice of appeal from the accused direct
from Mountjoy Prison. The accused had not con
sulted member or sought his advice as to an appeal.
Member asked for the guidance of the Council as
to whether he is obliged to act for the accused man
in the event of an appeal if no provision is made
for his costs. The Council adopted a report from
a committee which stated that- in their opinion on
the facts given member is under no obligation to
act
for
the
accused man
in connection with
the appeal unless he is properly instructed, and
unless provision is made for his costs and dis
bursements.
Ordnance Survey Maps
A COMMITTEE reported that the Ordnance Survey
Department will give permission to solicitors to
make copies of Ordnance Survey maps for an
annual royalty of 55.
It was decided to request
the Department to give similar permission for re
production by photo-copying methods on the same
terms.
Sale of property by transfer of share capital
of a limited company
MEMBERS enquired whether the commission scale
fee
should be charged
for
the purchase
of
certain property belonging to a company carried out
by a transfer of the entire share capital. A committee
to which the matter was referred reported that in
dealing with this matter the difference in terminology
between the Irish and English general orders should
be noted.
In the English S.R. Order, 1883, the
commission scale fee is broken down into charges
for (i) negotiating a sale of
property,
(ii) conducting
a sale of
property
by public auction, (iii) deducing
title
to
freehold,
copyhold,
or
leasehold property
(iv) negotiating a sale
of. property,
(v) investigating
title to
freehold,
copyhold or leasehold property,
and
separate fees are prescribed under items (i) to (v).
In our S.R.G.O., 1884 and 1947, there are only two
fees : one to the vendor's solicitor for all charges,
including negotiating, connected with the sale of
property
by private contract or by auction, and the
other for all charges connected with the purchase of
property
by private contract or public auction.
In
England, the conducting and negotiating scales
refer to all descriptions of property including stocks,
money, and personal property, but the scales for
deducing title and perusing and completing con
veyance and investigating title and preparing and
completing conveyance, apply only to freehold,
copyhold or leasehold property. The committee
referred to the statement in Gill on Costs, page 194,
where the author apparently followed the English
decisions, that the commission scale fee does not
apply to a sale of personal property. On the same
page it is stated that the scale fee was allowed by
Master MacNamara on the sale of a ship by public
auction no appeal being taken. The Committee
referred to opinion 83, of the Council of the Society
(1958 Calendar, page 459), in which it is stated that
the scale of charges fixed by Schedule I, Part I,
S.R.G.O., is not confined to sales, purchases and