The Gazette 1949-1952

On the motion o f Mr. George A. Overend, Mr. Thomas A. O’Reilly, Vice-President, took the Chair. Mr. Overend then proposed a vote of thanks to the President for his distinguished service to the Society during his period of office. The motion was carried with acclamation. The President returned thanks and the proceedings terminated. MEETINGS OF THE COUNCIL The President in the Chair. Also present: Messrs. T. A. O’Reilly and D. P. Shaw, Vice-Presidents ; James R. Quirke, John Carrigan, Desmond J. Mayne, Daniel O’Connell, Joseph Barrett, John R. Halpin, George A. Overend, Sean 0 hUadhaigh, James J. O’Connor, Derrick M. Martin, D. R. Counahan, John J. Nash, Patrick R. Boyd, Patrick F. O’Reilly, Arthur Cox, Joseph P. Tyrrell. The following was among the business trans­ acted :— Small Dwellings’ (Acquisition) Act Costs The Secretary submitted a draft scale o f costs to be charged by solicitors acting for local authorities against their clients the local authorities in con­ nection with mortgages under the above Act. It Was decided that the draft scale should be circulated to the solicitors acting for the local authorities for their observations, and that a representative meeting o f these solicitors should be summoned as soon as possible to consider the matter before taking it up with the Department for Local Government. Office o f the Revenue Solicitor It was decided that the Secretary should write to the Revenue Commissioners submitting that vacan­ cies for qualified persons in the Revenue Solicitor’s Office should be filled by the appointment o f solicitors. Delays in the Dublin Corporation Members wrote to the Society complaining o f serious delays in the office o f the City Manager. It was decided that the matter should be taken up with the City Manager. Commissioners o f Charitable Donations and Bequests The Waterford Law Association wrote drawing the attention o f the Society to the unreported decision in the matter o f the Estate o f Elizabeth Roche, deceased, Kelly v. Noonan, in which it was held by the High Court in 1924, that a legacy for Masses to a named Parish Priest did not lapse on the death of O c t o b e r 2 6 t h .

the legatee before the testator but was payable to his successor as Parish Priest living at the date o f the death. It was stated that a number o f different cases which have not been reported are filed in the Office o f the Commissioners. The Secretary was directed to write suggesting that the Commissioners should have these cases published in the Irish Law Times and Solicitor’s Journal, or that a note thereof be pub­ lished in the Society’s G a z e t t e for the information o f the profession. The President in the Chair. Also present: Messrs. Joseph Barrett, John R. Halpin, Daniel O’Connell, James R. Quirke, Joseph P, Tyrrell, Reginald J. Nolan, Patrick R. Boyd, Roger Greene, James J. O’Connor, Gerald J. O’Donnell, John J. Nash, Desmond R. Counahan, Sean Q hUadhaigh, John Carrigan. The following was among the business :— O n report from the Committee the Council considered correspondence from the Department o f External Affairs inquiring under what conditions a Canadian National would be admitted to practise as a solicitor in the Republic o f Ireland. It was decided to reply that, subject to reciprocity, a citizen o f any o f the Provinces o f Canada would be entitled to be admitted as an apprentice to a solicitor, and would be subsequently admitted as a solicitor having complied with the Society’s regu­ lations and passed the necessary examinations. The Secretary was directed to ascertain whether there is reciprocity in the Canadian Provinces in regard to Irish Nationals. T he Council considered a report from a Committee on correspondence with a member o f the Society which disclosed that the Irish Consul in New York had written direct to a client o f the solicitor offering the services of the Department in connection with the right o f the client to a share in an estate being administered by the United States Courts. The Secretary was directed to write to the Depart­ ment of-External Affairs referring to an arrangement made in 1945 whereby the Department agreed that in such cases the intervention o f the Irish Repre­ sentatives abroad should be limited to ascertaining the name of the client’s solicitor and getting in touch with him, and that the Secretary should state that the action o f the Irish Consul in the present case was a breach o f the arrangement. 40 N o v e m b e r 9TH . Admission o f Solicitors—Reciprocity between Canada and Ireland Department o f External Affairs and Foreign Estates