182 / 364
and Bray and a copy of the correspondence was
sent
to
the Dublin Solicitors' Bar Association
and the Wicklow Bar Association with a request
that they should consider the matter jointly with
the solicitors practising in Dun Laoire and report
hack to the society.
Unqualified person, debt collection
Members of the Society directed attention to
the form of letter issued by the Irish Finance
Corporation Ltd., in debt collection matters signed
by an official of the company over the words
"Legal Action Department." The letter was con
sidered objectionable and the matter was taken
up with the company who submitted an amended
form of letter meeting the objection of the Coun
cil.
Solicitor's Undertaking
A member gave an undertaking on behalf of
a purchaser to lodge the conveyance with the
bank on completion as security for a loan to the
client. After execution and delivery of the con
veyance by the vendors the purchaser for personal
reasons refused
to sign the deed and member
enquired whether he should stamp the deed at
the 25 per cent
ad valorem
rate in the absence
of a certificate by the client that he was an Irish
citizen and also how he could deal with the
difficulty caused by the necessity of an applic
ation to the Land Commission under section 45
Land Act 1965. The committee having considered
the terms of the undertaking advised that member
having made provision for his costs should for
ward the deed to the bank together with such
funds as he had received in respect of stamp
duty and registration fees.
Collusive Transaction
A member was asked to prepare a deed of
gift of £3,000 from an old lady to one member
of her family resident in London which raised
in his mind a suspicion
that
the
transaction
might not be genuine and that the deed might
possibly be used for the purpose of accounting
for monies received from the donee from some
entirely different source. He satisfied himself that
the sum of £3,000 was in fact paid over in cash
on the execution of the deed and enquired as
to his professional duty. The Council on a report
from a committee advised member that he was
under
no
professional
obligation
to
enquire
further into the bona fides of
the transaction
but that he should not give any certificate or
further assurance which could be used as of later
date in support of its genuineness otherwise than
verifying his signature as an attesting witness.
Accountants' Certificates
The Council considered
the replies received
in response to the recent circular issued to 1,320
members in which the Council informed the pro
fession of their intention to ask the Minister for
Justice
to bring section 31 of
the Solicitors
(Amendment) Act 1960
into operation unless
they
receive
letters
from a majority of
the
members objecting to such proposal. The Sec
retary stated that he had received 60 letters in
reply to the circular. Of these 32 stated that the
section should not be brought into operation
without the support of the majority of the pro
fession by a vote taken at a general meeting of
the Society or by a postal ballot. Letters were
received from 28 members expressing support for
the
introduction
of
accountants'
certificates
immediately. The Secretary stated that he had
received letters from the Bar Associations in Tip-
perary, Waterford and Donegal expressing sup
port, and from the Southeren Law Association,
the Midland Bar Association and Mayo, Ros-
common and Limerick requesting that a General
Meeting should be held before bringing the section
into operation. The Cavan Bar Association was
equally divided. Consideration of the matter was
deferred and it was decided that further action
should not be taken at present without further
notification to members.
Compensation Fund
The Council admitted
for payment claims
amounting to £35,357.
THE COUNTY CLARE LAW
ASSOCIATION
At the Annual General Meeting of the above
Association held at the Courthouse, Ennis, on
the 16th December, 1965, the following officers
were elected :
President, Mr. Bryan McMahon;
Vice-President, Mr. P. J. Chambers; Honorary
STANDARD CONDITIONS OF SALE
Public Auction
and
Private
Treaty,
Parcels of 50 @ £2-10-0 per parcel plus
2/6
postage per parcel are available and may
be purchased only from the Society. Orders
discharged as received. Please specify Private
Treaty or Public Auction or both.
76