The Gazette 1952-1955

Court. For the purpose of qualifying for a share of the estate the beneficiary had for years pretended to be a widow but was in fact, unknown to member, a spinster. By this deception she had wrongfully received a payment out of the estate in 1925 and her personal representative would receive the balance unless the true facts were disclosed. Member asked whether in the opinion o f the Council it was his duty as an officer of the Court to disclose the facts to prevent a miscarriage of justice. The Council expressed the opinion that as an officer o f the Court member was bound to disclose the facts in order to prevent fraud even against the client’s instructions. Election o f the Council for 1954-55. i8 th O ctober , 1954 was appointed as the final date for receipt of nominations for the election of the Council for the year 1954-55 and 18th November, 1954 was appointed as the date of the ballot. WATERFORD LAW SOCIETY A L ecture on Death Duties was given by Mr. F. H. Caruana, Controller o f the Estate Duty Office, to members o f the Waterford Law Society at the Grand Hotel, Tramore, recently. The lecture was followed by an interesting and informative dis­ cussion lasting several hours. Members o f the Tipperary Bar Association also attended. THE DUBLIN SOLICITORS’ BAR ASSOCIATION T he following are the President and Officers for the year 1953-54:—President, Timothy Kirwan ; Vice- President, C. J. Vanston; Hon. Secretary, Eunan McCarron ; Hon. Treasurer, Desmond A. O’Con­ nor ; Council, A. E. Ashton, Francis Connolly, John Cullen, Joseph Hughes, Leslie Kearon, Patrick B. McCarthy, B. J. McGarry, Rory O’Connor, David Pigot. The Annual Dinner o f the Bar Association will take place at the Hibernian Hotel, on 1 2th December, 1953, at 7 o’clock. Members’ subscriptions amount­ ing to Fifteen Shillings (15/-) for the year 1953-54 are now due. THE SOUTHERN LAW ASSOCIATION T he Annual General Meeting o f the above Associa­ tion took place on Thursday, 19th November, 1953. The following officers were elected for the year I 953 " 54 - President, Edmund Flayes ; Vice- President, John J. Horgan, LL.D . ; Hon. Secretary, Gerald J. Moloney; Hon. Treasurer, Denis j. Quinlan; Council, Messrs. T. A. Buckley, John K. Coakley, Cornelius J. Daly, Cecil H. Exham, John Francis Foley, John B. Jermyn, P. J. Kavanagh, 55

The Council, on a submission to arbitration, held that the surrender was in ease o f the lessees, who were unable to comply with covenants in the lease and that they should pay the costs o f the surrender. Commission Scale Fee. Searches. A M ember enquired whether a solicitor for a vendor is entitled to charge the commission scale fee if the property is sold under conditions which provide that any searches required shall be made by the purchaser at his own expense. The Schedule to S.R.G.O. 1947 provides that the vendor’s com­ mission scale fee is for work which includes fur­ nishing necessary searches. The Council expressed the opinion that where an agreement for sale provides that searches will be obtained by and at the expense of the purchaser they are not necessary as far as the vendor’s solicitor is concerned and that he is entitled to charge the commission scale fee against the vendor. The extra work o f obtaining the searches will be performed by the purchaser’s solicitor without any extra fee. 2 6 th N ovember , 1953. The President in the Chair. Also present, Messrs. John Carrigan and James J. O’Connor, Vice-Presidents; Patrick F. O’Reilly, George G. Overend, Ralph j . Walker, William J. Norman, Joseph P. Tyrrell, Patrick R. Boyd, Gerald J. O’Donnell, Louis E. O’Dea, Henry St. J . Blake, Desmond J . Collins, Francis J. Lanigan, John R. Idalpin, Nathaniel Lacy, Joseph Barrett, Edmund Hayes, John J. Nash, Peter E . O’Connell, John Maher, Cornelius J. Daly, Sean O hUadhaigh, Thomas A. O’Reilly, Arthur Cox, Desmond J. Mayne, John J. Sheil, George A. Nolan. The following was among the business transacted Vendor acting for himself. T he Council were asked to express an opinion as to the proper professional practice where a solicitor, acting for a prospective purchaser, was instructed by his client to deal with the vendor direct. The vendor was known to have had a solicitor but had discharged his retainer and stated that he intended to act for himself. The Council expressed the opinion that the purchaser’s solicitor was not entitled to require the vendor to retain a solicitor and that he must deal with the vendor in accordance with the instructions o f his client, the purchaser, but that it would be desirable that he should confine himself to acting for the purchaser and that he should avoid doing any work that would normally be performed by a solicitor acting for the vendor. Clients’ privilege. Attempted fraud. M ember acted for the personal representative o f a beneficiary o f an estate being administered by the