The Gazette 1961 - 64

MEETINGS OF THE COUNCIL OCTOBER IITH: The President in the Chair, also present Messrs. Thomas A. O'Reilly, Ralph J. Walker, D. B. Gilmore, James R. C. Green, Gerald Y. Goldberg, Charles Hyland, Peter E. O'Connell, Peter D. M. Prentice, T. V. O'Connor, George A. Nolan, Patrick Noonan, James J. O'Donovan, John J. Nash, Niall S. Gaffney, John Carrigan, Francis J. Lanigan, Reginald J. Nolan, Raymond A. French, Brendan A. McGrath, Eunan McCarron, Brendan T. Walsh, Thomas J. Fitzpatrick, John C. O'Carroll, William A. Osborne, J. Bernard MacGarry, John Maher, Augustus Cullen, Daniel J. O'Connor, Robert McD. Taylor. The following was among the business transacted : Sub-sale by purchaser. Costs A member acted for a tenant of house property which he had agreed to purchase from his landlord at £1,200. Subsequent to the signing of the contract and before the sale had been completed the purchaser agreed to resell to his brother. Member acted tor all three parties and the deed of conveyance was signed by the landlord, purchaser and the sub- purchaser. The subsale was made in consideration of the money due to the first purchaser. Member enquired if he was entitled to the scale costs on the subsale and he stated that very little work had been done by him on the subsale. Presumably he had made only one investigation of title. The Council on a report from a committee decided that member was entitled to the following fee: (1) as against the first vendor the commission scale charge on the agreed price plus Schedule II charges for the additional work consequent upon the subsale. (2) As against the first purchaser Schedule II charges for the additional work so far as not covered by (i) plus the appropriate commission scale charge in respect of the subsale. (3) As against the sub- purchaser the appropriate commission scale charge in respect of the subpurchase. This is on the assumption that all work was substantially carried out as described in the General Orders. Where one solicitor acts for vendor and purchaser the registra tion fee is not chargeable against the purchaser. (See Society's GAZETTE for December 1956, page 5 3.) NOVEMBER STH : The President in the Chair, also present Messrs. John Maher, Augustus Cullen, William A. Osborne, Brendan T. Walsh, J. Bernard MacGarry, D. J. O'Connor, James R. C. Green, D. B. Gilmore, Charles Hyland, Peter D. M. Prentice, Desmond Moran, Brendan A. McGrath, George A. Nolan, Niall S. Gaffney, Francis J. Lanigan, John Carrigan, James W. O'Donovan, T. V. O'Connor, Desmond J. Collins, Patrick

Noonan, Reginald J. Nolan, R. McD. Taylor, Raymond A. French, Peter E. O'Connell, Eunan McCarron. Incorporated Council of Law Reporting The Council unanimously resolved that Mr. Charles Hyland be appointed as one of the Society's representatives on the Council of Law Reporting in place of Mr. Dermot P. Shaw who had resigned. Law Reform The Council considered draft memoranda prepared by members on the law of evidence (Messrs. O'Reilly and O'Connell); Guardianship of infants (Messrs. Walsh and Osborne); Wills (Messrs. Prentice and Hyland) and Administration of estates (Messrs. Noonan and MacGarry) and it was directed that they be sent to the Department of Justice with the amendments agreed upon at the meeting. International Bar Association Mr. Carrigan was appointed as a vice-president of the Association in place of Mr. Arthur Cox. Solicitor instructed to take proceedings to upset deed approved by his partner Two members who practise in partnership sub mitted the following query. A client of one of the partners owned some land on a river bank and he purported to sell a right of fishing in severally which was attached to the land to a club of eighty members. The deed of conveyance was drawn up by another solicitor and submitted to member for approval on behalf of his client. He approved the deed and the transaction was completed. It then transpired that in addition to the client about twenty other persons had a right of fishing in the same water and when they became aware of the alienation of the right by the client they objected and they came to member's partner for advice. He advised them, after taking counsel's opinion, that the alienation was bad and could be set aside and he was instructed to institute proceedings to have the deed set aside. At this stage he realised that the deed of alienation had been approved by his partner and he enquired if he was entitled to act for the plaintiffs in the contemplated proceedings in his own name. The Council, on a report from a committee, were of opinion that no member of the firm could act in the proceedings contesting the validity of the deed which had been approved by one of the partners. NOVEMBER 22ND, 1962 : The President in the Chair, also present Messrs. Francis J. Lanigan, Desmond J. Collins, T. V. O'Connor, James R. C. Green,