The Gazette 1949-1952

it was decided that the President and Secretary should seek an interview with the Head o f the Estate Duty Office for the purpose o f discussing the question. Circuit Court Rules Committee M r . J oseph P. T y r r e l l was re-appointed as one o f the Society’s representatives on the Committee for a further term o f five years. Special Examiner, Preliminary Examination M r . J ohn J . O ’M e a r a , M.A., D.Ph., Professor of Latin, University College, Dublin, was appointed Special Examiner in place of the late Dr. K . C. Bailey, F.T.C.D. I n the January issue of the Society’s G a z e t t e it was stated that Mr. Timothy A. Buckley had been elected President o f the Association for the year 1951-52. This statement was an error. Mr. Cornelius J. Daly is President for 1951-52 and the extraordinary members on the Council o f the Society are—Messrs. Timothy A . Buckley, Cornelius J . Daly, John F. Foley, Edmund Hayes, Joseph Morrissey. FORMATION OF LIMITED COM- PANIES—FUNCTIONS OF SOLICI­ TOR AND ACCOUNTANT F o llow ing representations made by the Council of this Society to the Society o f Incorporated Accoun­ tants in Ireland the following statement has been published in the issue o f Accountancy for January, 1952. “ Irish Branch The Council o f the Society o f Incorporated Accountants in Ireland has been in correspon­ dence with the Incorporated Law Society of Ireland with reference to the preparation of memoranda and articles o f association for companies. The Council is advised that a member o f the Society of Incorporated Accoun­ tants in Ireland who prepared a memorandum o f association and articles o f association would not, by so doing, be infringing the law, but the Council is nevertheless of opinion that a member should not draft or settle the documents in final form, any suggestions he makes being ERRATUM Southern Law Association

was prepared by a solicitor, and that, permission having been sought from the Governor, it was immediately granted. The Council decided to make no further representations in the matter as they were satisfied that it is not unreasonable that permission should be sought from the Department to r the signing o f such petitions, and that, provided that the permission is in the normal case granted, no injustice is likely to be caused. If, however, there were a general complaint of difficulty in the submission o f petitions prepared by solicitors on behalf of prisoners it would be necessary to make further representations. Mortgagor—inspection o f title deeds A mortgagor informed the mortgagees’ Dublin office that he intended to redeem the mortgage. The Dublin office obtained the title deeds from London and the mortgagor was duly informed «nd was asked for the name of his solicitor. The mortgagees’ Dublin office subsequently wrote to their solicitor that the borrower would not redeem «nd asked him to return the deeds to London. The Dublin office asked their solicitor to name his fee which would be collected from the borrower. He named a sum o f £ 1 n s . 6d. and the deeds were returned to London, without having been inspected by the borrower or any person on his behalf. The Council were asked to say whether the borrower was liable for the costs or any part thereof. In the opinion of the Council the borrower, having requisitioned the documents, was liable for the costs under Section 16 (i) Conveyancing Act 1 881, although he did not attend to inspect them. As a matter of practice the Council were o f opinion that a fee should not be charged against the borrower where documents are produced by solicitors acting for a bank, insurance company, building society, or other company carrying on the business of advancing money on mortgage. Estate Duty on Stock Exchange securities T h e Council considered a motion proposing that the Society should seek amendment o f the law relating to the assessment o f estate duty and the issue o f grants o f representation such as will enable stock exchange and other wasting assets, standing in the name o f a deceased person, to be sold without delay after the owner’s death, either by means of an immediate limited grant secured by a revenue bond or the vesting o f such assets and the proceeds thereof in a public trustee for this purpose, in advance o f the assessment of such duty and o f the issue of the general grant o f representation. After a dis­ cussion in which disapproval was expressed o f the proposal to have property vested in a public trustee

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