The Gazette 1952-1955

of a stipulation to the contrary, was not liable for any part o f the lessor’s costs. Cases stated. Costs o f preparation R ule 200 of the District Court Rules 1948 provides that a District Justice may, if he thinks fit, receive a draft of the case stated from the parties with a view to securing agreement. Where, however, the solicitors prepare the case stated for the Justice’s approval no costs are allowed for this work as between party and party. It was decided to make representations to the appropriate authorities. Sale with release from mortgagees P roperty was sold free o f incumbrances and it was necessary to obtain a release from the mortgagees on completion. The vendors proposed that the mortgagees should join in the conveyance to the purchasers. The purchasers insisted that the charge should be released by separate deed and relied on the statement in Williams on Vendor and Purchaser, 3rd edition, Volume 1, page 583. The purchasers subsequently agreed to accept a convey­ ance in which the mortgagees would join to release the mortgage if the purchaser’s costs o f approving the release embodied in the conveyance were paid by the vendors. The vendors refused to pay any costs and the question was submitted to the Council. In the opinion of the Council the purchasers appear to be entitled to a release by separate deed having regard to the statement in Williams on Vendor and Purchaser, but having regard to the general practice, the Council thought that it would be unreasonable to insist on it. The Council were also of the opinion that by whichever method the release was effected, the purchasers’ solicitors were not entitled to pay­ ment o f any costs from the vendors as the work was covered by the scale fee. 1 Notaries Public T he Council decided to make representations to the Chief Justice asking that the Society should be made a notice party on all future applications by persons seeking admission as notaries public,. Duty o f solicitor to make disclosure to the Court O n a pedigree inquiry before the Examiner there were three claimants—X , Y , and Z. AB, a member o f the Society, acted for X . Y had carriage o f the enquiry. X admitted the claim of Z, but instructed AB to have Y ’s claim disallowed, if possible, as he believed Y ’s proofs were defective. The claims of X and Z were established before the Examiner but Y had not succeeded in proving his claim.

In the course of his investigations on behalf o f X , AB discovered a document which was not material to X ’s claim, but which, if disclosed to the Court, would certainly establish Y ’s case. Y ’s solicitor was unaware of and unlikely to discover this document. The following are the questions submitted to the Council and their opinion on each. (a) Should AB , as an, officer of the Court, advise X to instruct him to disclose the existence o f the document ? Answer : Yes. (b) Would it be either a criminal offence or pro­ fessional misconduct on A B ’s part not to disclose its existence ? Answer : I t would be professional mis­ conduct i f AB were knowingly to conceal the existence o f the document. (c) I f X instructs AB not to disclose the existence of the document and is willing to swear a pedigree affidavit containing no reference to it, what course should AB adopt ? Answer : AB should refuse to act fu rther in the matter. (d) Assuming that A B ’s retainer is discharged by X or by AB himself, is AB under any obligation to disclose his knowledge to the Court to prevent the making of a wrong order or is he precluded from doing this by the client’s privilege ? Answer : In the circumstances, AB should inform the Examiner o f the document with or without the client’s instructions. INDEX OF STATUTORY INSTRUMENTS R eceived by the Society pursuant to the Statutory Instruments Act, 194.7. The last list was printed in the Society’s G azette for August, 1952. Butter (Non-Creamery)—Prohibition o f Export—267/1952. Dublin District Milk Board—Emergency Provisions Revoked — 271/1952. Genus Quercus—Import prohibited—371/1952. Importation o f Forest Trees Prohibition—271/1952. Milk Regulation o f Supply Act, 1952 (Commencement)— 272/1952. Poultry Hatcheries Regulations—33/1953. Reconstituted Whole Milk—38/1953, 43/1953. Supply o f Creamery Milk to Dublin—Emergency Provisions Revoked—271/1952. Tobacco (Areas for 1953)—344/1952. Turkeys, Geese, Duck and Fowl—Export Prohibition revoked during Christmas Season—323/1952. AGR ICULTURE, LAND AND F ISH ER IES S u bject M atter and R eferen ce N um bers . Agricultural Wages (Minimum Rates)—26/1953, 27/1953. Agricultural Wages (Minimum Rates for Weekly Half- Holidays)—42 [ 1 953. COMMODITIES, GOODS AND SERV ICES S ubject M atter and R eferen ce N umbers American Coal (Maximum Prices in Cork)—302/1952. Bananas (Maximum Prices Revocation)—342/1952. Cast Iron Scrap (Maximum Prices Revocation)—24/1952. Candles (Maximum Prices Revocation)-^32/1952.