The Gazette 1949-1952

case the Council found that the solicitor had not been guilty o f any impropriety as he had merely acted in accordance with his legal obligations. Incidence o f costs as between vendor and purchaser T he attention of the Council was drawn to a local practice limited to a small areawhereby the conditions of sale usually include a stipulation that the purchaser will pay the whole o f the vendor’s solicitor’s costs. It was decided in accordance with the previous ruling o f the Council that this practice is contrary to the interests o f the public and o f the profession, and the Secretary was directed to write a letter to each solicitor in the district drawing his attention to the opinion of the Council and asking that it should be followed. The President in the Chair. Also present: Messrs. Sean O hUadhaigh, Thomas A. O’Reilly, Dermot P. Shaw, John J . Nash, John R. Halpin, Desmond Mayne, John J. Sheil, Patrick R. Boyd, William J. Norman, John Carrigan, Patrick F. O’Reilly, James R. Quirke, Joseph Barrett. Final Examination T he Report of the Court o f Examiners was considered and adopted. Organisation o f the work o f the Council P roposals circulated by the President were considered and approved subject to certain amendments. Also present: Messrs. Francis J . Gearty, Vice-President, John J . Sheil, Patrick R. Boyd, Desmond R. Counahan, William J. Norman, Patrick F. O’Reilly, Henry St. J. Blake, Arthur Cox, Gerald J. O’Donnell, Reginald J. Nolan, George A. Overend, Louis E. O’Dea, John R. Halpin, James R. Quirke, Joseph P. •Tyrrell, Maurice M. Power, Thomas A. O’Reilly, Sean O' hUadhaigh, T. A. Buckley, John Carrigan, John J. Nash, James J. O’Connor. Housing (Amendment) Act,. 1950 . Costs o f obtaining certificate under Section 6 T he Council, on a report from a Committee, decided to advise members that where a solicitor applies to the Department of Local Government for the certificate under Section 6 of the Housing (Amendment) Act, 1950, for the purpose o f having the lease stamped with ad valorem duty of 1 per 3 M ay 4 th . was held. A special meeting of the Council M ay 17TH. In the absence o f the President, Mr. Gaffney, Vice-President, took the Chair.

cent, on any fine payable thereunder, the services rendered by the solicitor are not covered by. the scale fee under the Solicitors’ Remuneration, General Orders 1884 to 1947 or under the Land Registration Rules 1934, as amended. The solicitor for the purchaser is, in the opinion o f the Council, entitled to make an additional charge and the Council consider that a fee of £3 3s. is reasonable in respect o f applications for the certificate in the normal case. Arbitration Bill, 1951 T he Council considered a report from a Committee on a draft bill prepared by the Attorney General’s department. It was decided to make representations with regard to certain provisions therein concerning solicitors’ costs and to inform the Attorney General that subject to these points the Council consider the Bill a beneficial measure. Northern Ireland or English solicitors acting for purchasers M embers enquired whether the Council would approve o f their dealing with a Northern Ireland solicitor who is not entitled to practise in the Twenty-Six Counties, acting for a vendor of property in Dublin. The Council decided to inform the members concerned that in accordance with previous decisions there is no legal objection to a Northern Ireland or an English solicitor’s acting for the vendor or purchaser o f property in the Twenty-Six Counties provided that all acts done by the solicitor are performed outside the Twenty-Six Counties and that members of this Society should recognise their right so to act. The further question was raised as to whether the usual receipt for the purchase money in a deed executed by the vendor and produced by a Northern Ireland or English solicitor would be a good discharge for the purchase money paid to that solicitor by the purchaser o f property in the Twenty-Six Counties. The Council decided to inform members that in their view the answer is doubtful, and that members would be advised to seek counsel’ s opinion thereon for the protection o f their clients. ORDINARY GENERAL MEETING OF THE SOCIETY M ay 1 7TH. . In the absence o f the President, Mr. Niall S. Gaffney, Vice-President, took the Chair. The following members o f the Society signed their names as being present:—Messrs. Francis J. Gearty, Vice-President, Henry St. J. Blake, Patrick R. Boyd, John Carrigan, Desmond R. Counahan, Arthur Cox, John R. Halpin, John