The Gazette 1964/67

The following was among the business transacted :

Succession Bill, 1964

It was decided that a letter should be sent to each

member of the Society explaining the effect of

section 37 of the Bill (extraction of grants of

representation and administration of estates) and the

action taken by the Council to date. A deputation

was appointed to meet the Minister for Justice on

section 37 and parts IX and X of the Bill (Legal

Rights and Unworthiness to Succeed).

A draft

memorandum on parts IX and X circulated with

the agenda was approved. It was decided that the

memorandum should not be published until the

Society's representatives have been received by the

Minister.

Criminal Justice Legal Aid

The Council considered correspondence between

the Minister for Justice and the President circulated

with the agenda. Further consideration was post

poned to await the result of the meeting between

the Minister and the Society's representatives.

Family Arrangement

Member acted for the family of a deceased person

who were taking over his lands for their market

value. Member prepared a deed of family arrange

ment in which various members took over lands in

satisfaction of their shares at declared values with

certain money payments for equality.

Member

sought the guidance of the Council as to whether

or not these transactions were sales for which the

commission scale fee would be chargeable. On a

report from a committee the Council stated that this

is a transfer, otherwise than a transfer on sale, by

way of family arrangement.

As there was no

deduction or investigation of title the commission

scale fee is not applicable. The appropriate method

of dealing with the matter would be to draw one

bill of costs under schedule II S.R.G.O., 1882-1964

which would be paid by the various parties in

proportion to the value of the shares received.

Sale and purchase : Insurance against possible

liability for death duties

On a submission to arbitration by the Council the

facts were as follows :

The vendor of registered land acquired title under

a voluntary transfer from her husband on 2 9th May,

1962.

The conditions of sale are silent on the

question of the possible liability for duties if the

voluntary transferor dies within the three years

from 2gth May, 1962.

The purchaser's solicitor

asks for an indemnity from an insurance company.

The vendor offered an indemnity from the vendor

only. The Council stated that vendor should give

an insurance bond against any possible liability for

death duties.

OCTOBER STH :

The President in the chair, also

present George A. Nolan, Ralph J. Walker, Brendan

A. McGrath, James R. Green, Thomas J. Fitz-

patrick, Joseph P. Black, Robert McD. Taylor,

Gerard M. Doyle, Edward Dillon, William A.

Osborne, R. R. Knight, Augustus Cullen, Peter

E. O'Connell, Patrick Noonan, John Maher, John

Carrigan, George G. Overend, Niall S. Gaffney,

R. A. French, James W. O'Donovan, Thomas A.

O'Reilly, Gerald J. Moloney, Eunan McCarron,

Peter D. M. Prentice.

The following was among the business transacted :

Succession Bill, 1964

The Council received a report from their represen

tatives of a meeting with the Minister for Justice. It

was decided to convene a general meeting of the

Society to be held on October 29th.

Handbook on Company Law

The Council considered a proposal from the

Publications Committee for a handbook on the

formation of limited companies. Consideration was

postponed to await information as to the progress

of the publication of the textbook on company law

and practice to be published by the Arthur Cox

Foundation under the chairmanship of the Hon. Mr.

Justice Kenny.

Professional Negligence Insurance

On a report from committee the Council decided

to issue a circular letter and questionnaire to members

with a view to obtaining information as to claims

experience and other relevant matters for

the

purpose of exploring the market for the formation

of a group insurance scheme.

SOLICITORS' GOLFING SOCIETY

AUTUMN OUTING AT BALTRAY

I9TH SEPTEMBER, 1964

President's Pri^e:

J. C. Griffin (Dundalk) 14,

43 pts.; G. Walsh (Balbriggan) 13, 37 pts.

R)'an Cup

(H'caps 13 and over) :

J. McGowan

(Balbriggan) 17, 39 pts.; T. B. Adams (Tullamore)

, 37

pts.

i.st

Nine :

District Justice O'Hagan (Dundalk) 14.

znd

Nine :

J. J. Breen (Wexford) 9.

Competitor from more than

miles:

W. A. Menton

(Dublin) n, 34 pts.