19 / 364
7. When in the course of an examination there
comes to light material clinical findings, of which the
attending practitioner is believed to be unaware, the
examining practitioner shall, with the consent of the
patient, inform the attending practitioner of the
relevant details.
8. An examining practitioner shall not utilize his
position to influence the person examined to choose
him as his medical attendant.
9. When the terms of contract with his employing
body interfere with the free application of this code,
an examining medical officer shall make honest
endeavour to obtain the necessary amendment of his
contract himself or through the Medical Association.
Quotation from B.M.A. Handbook appearing in
Journal of the Irish Medical Association, Vol. LII,
No. 309, March, 1963.
CIRCUIT COURT EASTERN CIRCUIT
By order of the President of the Circuit Court the
dates for the opening of the Trinity and Michaelmas
sittings of the Court at Athy for the Athy Division
of County Kildare have been altered as follows :
Trinity From zgth July to 27th July.
Michaelmas From
I5th December
to
loth
December.
On the conclusion of the sittings for the Athy
Division the Court will resume at Naas, should the
necessity arise and the time be available, for the
disposal of outstanding cases from the Naas Division.
SOLICITORS' GOLFING SOCIETY
Spring Meeting at Tullamore on Saturday, the
3oth May, 1964.
RESULTS.
Challenge Cup and Captain's Pri^e :
Cyril Coyle (18) Dundalk, 3 up.
D. Houhlihan (14) Birr, i up.
St. Patrick's Plate (handicaps iz and under} :
J. R. Macken (9) Mullingar, 2 up.
W. A. Menton (i i) Dublin, all square.
Veteran's Cup :
Justice J. B. Farrell (14) Tullamore, 3 up.
D. P. Shaw (i i) Mullingar, all square.
Member from more than
30
miles away :
P. A. Noonan (13) Athboy, all square.
ist Nine :
L. K. Branigan (14) Dublin, 2 up.
znd Nine :
D. J. Collins (n) Dublin, i up.
Pri%e by lot:
A.
Curneen (9) Dublin, i down.
PRACTICE AND PROCEDURE, ETC.
Practice and Procedure in Administration and Mortgage
Suits.
By John W. Scan/oft, Barrister-at-Law,
Examiner of the High Court.
More than 350 purchasers now possess
this
excellent book which deals with the priorities of
assets, claims and incumbrances ;
the descent of
realty and the distribution of personalty ; the Statute
of Limitations ; costs ; accounts and enquiries, etc.
The book contains a table of cases, an index and
many forms in current use which are not printed
elsewhere.
It has been reviewed in the Irish Law
Times (7/9/63) and in this journal (Vol. 57 No. 5).
Please enclose remittance of £i i6s. od. with order
to The Incorporated Council of Law Reporting for
Ireland, Law Library, Four Courts, Dublin 7.
CASES OF THE MONTH
Stamp Duty.
In Case stated by the Inland Revenue Com–
missioners (William Cory & Son, Ltd.
v.
Inland
Revenue Commissioners).
C., Ltd., agreed inprinciple to purchase the issued
capital of P group companies. A draft agreement for
sale was prepared which fixed the completion date
as ist November, 1957. On 24th October, 1957,
C., Ltd., asked P group to give an immediate option
to purchase the shares and stated that if the option
was not given, the deal was off. P group, by a written
agreement, dated ist November, 1957, granted to C.,
Ltd., in consideration of the payment of £100, an
option, exercisable during the period of thirty days
from the date of the agreement, to purchase all the
shares for £420,856 35. 6d. The agreement provided
that, on due exercise of the option, the shares would
be sold to C., Ltd., free from any liens, charges and
incumbrances and together with all rights. It went
on to provide for the mode of exercise of the option,
and continued :
" 6. With a view to protecting
(C., Ltd.'s) rights arising out of the ... option the
(shareholders) shall forthwith transfer or procure
to be transferred the ... shares to (C., Ltd.) and/or
nominees as (C., Ltd.) shall direct. . . .," the shares
to be held in trust for the present registered holders
thereof. By cl. 7, no transfer of the shares effected in
accordance with cl. 6 " shall operate or be deemed
to operate to pass a beneficial interest in the shares,"
and, by cl. 8, in the event of the option lapsing, the
shares were to be retransferred to the present
registered owners. On the same day eighty-nine
transfers of shares in the P group were executed by
several vendors and handed to C., Ltd. Each transfer
was expressed to be in consideration of i/- and
contained a certificate that the transaction was a
transfer where no beneficial interest in the property