The Gazette 1952-1955

Vol. 47 No. 4

August, 1953

THE GAZETTE o f the INCORPORATED LAW SOCIETY OF IRELAND

President J ames R Q uirks

Vice-Presidents J ohn C arrigan J ames J . O ’C onnor

Secretary E ric A . P lunkett

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL J uly 23rd. 1953. The President in the Chair. Also present, Messrs John Carrigan and James J. O’Connor Vice-Presidents, Francis J. Gearty, Patrick R. Boyd, John J. Sheil, William J. Norman, Ralph J. Walker, Derrick M. Martin, John R. Halpin, John Maher, Thomas A. O’Reilly, Cornelius J. Daly, Peter E. O ’Connell, Arthur Cox, Louis E. O’Dea, George G. Overend, Gerald J. O’Donnell, Sean O hUadhaigh, Reginald J. Nolan, Joseph P. **" Tyrell, Desmond J. Collins, Patrick F. O’Reilly, and Desmond J. Mayne. The following was among the business transacted :— Sale o f Premises with effects. Negotiation. A.B. agreed to purchase a dwelling house and household effects for the sum o f £700, from CD. It was part o f the arrangement that AB would pay CD’s costs. A B ’s solicitor received a draft con­ tract in which the price o f the premises was shown at £640 and the price o f the effects £60. AB ’s solicitors made certain amendments in the draft

contract which after discussion were withdrawn and agreed the vendor’s costs at £23. 18 9. AB signed the contract after it had been explained by his solicitor. The Revenue Commissioners agreed to accept £600 as the value of the house, the effects passing by delivery, and the consideration in the Deed o f Assignment of the house was accordingly shown as £600. A dispute arose concerning the amount of costs o f the solicitors for the purchaser, AB, AB maintaining that the costs should be cal­ culated on £600 and reduced by the amount o f the negotiation fee. On a submission to arbitration the Council held that the full scale fee without any deduction was chargeable on the consideration o f £600. Department o f External Affairs. T he C ouncil considered a report from a Committee on a complaint by a member that a beneficiary in an American Estate had been approached by a member o f the Garda Siochana who obtained certain information and that, apparently as the result of the intervention of the Gatdai, the bene­ 27