The Gazette 1958-61

FIRST LAW EXAMINATION MEMBERS are asked to bring to the notice of their apprentices that at the first law examination to be held on the ist and 2nd September the questions on real and personal property may include questions on leasehold interests, including the Landlord and Tenant (Ireland) Act, 1860, but will not include questions on (i) the Rent Restrictions Acts, (2) the Landlord and Tenant Acts, 1931-1958, (3) registration of titles, (4) conveyancing, or (5) Registration of Deeds. EXAMINATION DATES

Members are recommended to consider the de– sirability of insuring documents sent through the post, the replacement of which may be expensive, because of the stamps they bear, or of the cost of re-writing. A Sub-committee was appointed to consider the Administration of Estates Bill, 1957. It has been suggested to the Revenue Commissioners that £5 Land Registry Stamps should be issued, and made available at the Four Courts Stamp Office, as it has been found that a higher denomination than the existing £i stamp is desirable. A Sub-committee has been appointed to inter– view the County Registrar relative to the appoint– ment of Civil Bill Officers for the District Court, and their duties. The Council noted with gratification the passing of a resolution at the last half-yearly meeting of the Law Society recommending that the Association should be able to nominate extraordinary members to the Council of that body. Other matters having been reported on, the next meeting of the Council was fixed for Wednesday, 4th June, 1958. STATUTORY NOTICE TO CREDITORS ENQUIRIES are sometimes received from members as to the statutory requirements in publishing the notice to creditors. The method of publication is laid down by 22 and 23 Vie. Cap. 35, section 29. The statute provides that where an executor or administrator shall have given or the like notice as in the opinion of the Court would have been given by the Court of Chancery in an adminis– tration suit for creditors and others to send in their claims against the estate, such executor or adminis– trator shall, at the expiration of the time named in the said notice, be at liberty to distribute the assets having regard only to the claims of which he shall have received notice. According to the latest infor– mation received from the Examiners' Department of the High Court of Justice the present practice with regard to notification of creditors in adminis– tration matters is as follows : An advertisement for creditors in the form of No. 3 of appendix L of the 1905 rules is directed to be published in two newspapers, twice in each paper allowing an interval of a week between publications. If the deceased person resided in Dublin, two Dublin dailies are selected ; if in the provinces, one Dublin dailly and one provincial newspaper circulating in the district of the residence of deceased. Claims are required to be sent to the solicitor for the personal representa– tive on or before a date at least two weeks after the date of the last publication, ...

Last day for Notice

Examination First and

Date

July 4th and 5th Sept. 19th and zoth August 29th Sept. ist, 2nd and 3rd August nth Sept. ist and 2nd August nth Sept. znd and 3rd August i2th Sept. 3rd August i3th June

second Irish

Final First Law Preliminary Book-keeping

DECISIONS OF PROFESSIONAL INTEREST Purchaser entitled to rescission of contract ifparticulars in a sale by auction of a reversion on the death of an annuitant contain an innocent misrepresentation made by vendor's solicitors. The sale particulars prepared for the vendor of an absolute reversion in a trust fund on the death of an annuitant contained the statement that the annuitant was " believed to have no aggregable estate." The vendor was selling as the trustee in bankruptcy of the beneficial owner. The name of the (well-known) firm of solicitors who had prepared the particulars was printed in bold type. In fact, the statement in question was made by a litigation clerk who was dabbling in conveyancing and who, it was found, had no inkling of the meaning or the materiality of the statement. No sufficient inquiries as to the probable size of the annuitant's estate had in fact been made. The purchaser sought rescission. Upjohn, J., acquitted the defendant vendor and his agents and representatives of dishonesty, but he held that the purchaser was entitled to relief on the basis of an innocent material misrepresentation on which he had acted. The defendant appealed. Lord Evershed, M.R., in dismissing the appeal, said that to succeed on the sole ground now re– maining, that of innocent misrepresentation, the plaintiff had to establish that there was are presenta– tion of a material fact which was untrue, and that the plaintiff in entering into the statement of belief