The Gazette 1961 - 64

CALENDAR AND LAW DIRECTORY 1963 Order forms for the calendar were issued with the December number of the Society's GAZETTE. Any member requiring the 1963 edition who has not returned an order form is requested to do so immediately. DISTRICT COURT (COSTS) RULES 1962 The above rules which came into operation on the ist January 1963 provide for a revised scale of solicitors' costs and counsels' fees in the District Court. A new scale is provided in respect of costs in hire-purchase matters where the amount recovered or in the case of dismiss the amount sued for exceeds £50. The present limit of the District Court jurisdiction under this heading is £100. The Rules are now available from the Government Publications Sale Office, G.P.O. Arcade, Dublin i, price 2/- net. MR. THOMAS B. COOLEY MR. THOMAS BOLTON COOLEY was born in Calary, Co. Wicklow, in 1881, and joined the staff of the Incorporated Law Society in 1908. Upon the retirement of the former librarian, Mr. Samuel Evans, B.L., in 1915, Mr. Cooley succeeded him as librarian, and he retained this post until his retire ment at the end of 1950 ; he died in December, 1962, in the home of his son, Mr. Lewis Cooley, in Fortfield Road, Terenure, Dublin. As librarian of the Society, Mr. Cooley endeared himself to all members by his courtesy, tact and patience. Due to the destruction of the library in 1922, Mr. Cooley arranged to save many precious volumes beforehand, and had the tremendous task of building up a new library afresh ; he managed to induce many members to donate their reports ; due to his untiring efforts, in five years, the Society had acquired by purchase or gift practically all the missing volumes. He also devoted much of his spare time to the preparation of the last printed catalogue of the library published in 1937, a task which required much painstaking and accurate work. At the Ordinary General Meeting of the Society held on the 23rd November, 1950, a resolution was passed unanimously, to the effect that on the occasion of his retirement, the Society in General Meeting recorded their deep appreciation and thanks for the manner in which he had discharged the duties of his office for so many years, and for the courteous and efficient way in which he had always assisted members using the library ; in the varied and intricate tasks of a law librarian, Mr. Cooley

set a high standard which it has been difficult to emulate; he was dedicated to his work. His wife had pre-deceased him. To his son, we extend our deep sympathy. C.G.D. DECISIONS OF PROFESSIONAL INTEREST Sale of Land: Purchase Money received by solicitor for the vendor: Whether received by him as vendor's agent. In a case decided in 1956 by the Supreme Court (Barclays Bank Ltd. v. Breen) the respondents, Barclays Bank Ltd., as executors of Lourdes Sinnott Murphy, deceased, decided in the course of the ad ministration of the estate, to sell certain lands which had been owned by the deceased. By letter dated 3rd April they instructed a solicitor to act on their behalf " in dealing with any legal formalities in connection with our proof of title and ultimate disposal of the property." The solicitor stated in a letter in reply " I shall be happy to act for you in putting the title in this matter in order and disposing of the lands." The solicitor prepared the conditions of sale and the lands were sold by public auction to the appellant who paid the deposit and instructed the solicitor to act for him in the transaction. The solicitor on the 4th December 1960 wrote a letter in the following terms to the appellant, " Re Murphy to you. I would be glad to receive your cheque for £1,060 balance of the purchase money herein, as I want to send the deed of transfer to Barclays Bank for execution and it will take some time to have it stamped and registered. Will you also please confirm that this holding is to go into your name. It has been reported to me that John Whelan of Ballylusk is trespassing on Garrynew, that he has levelled the bounds fence on the premises and cut some trees on the lands purchased by you and taken them away. I believe he told the herd man your mother gave him permission to do this but I thought you had better know. Yours very truly," The appellant paid the balance of the purchase money to Mr. W. E. Godfrey, solicitor who issued a receipt for it to him. The solicitor became insolvent after transferring only a part of the purchase money to the respondents. They claimed that part of the purchase money remained unpaid and they claimed payment of the amount they had not received from the solicitor, with interest, from the appellant. They succeeded in the High Court and the grounds of the decision were that the solicitor in obtaining the .purchase money never purported to act as agent for the bank and that he did not receive it as agent for the bank. On appeal to the Supreme Court it 66