The Gazette 1964/67

PRACTICE AND PROCEDURE, ETC. Practice and Procedure in Administration and Mortgage Suits. By John W. Scan/oft, Barrister-at-Law, Examiner of the High Court. More than 350 purchasers now possess this excellent book which deals with the priorities of assets, claims and incumbrances ; the descent of realty and the distribution of personalty ; the Statute of Limitations ; costs ; accounts and enquiries, etc. The book contains a table of cases, an index and many forms in current use which are not printed elsewhere. It has been reviewed in the Irish Law Times (7/9/63) and in this journal (Vol. 57 No. 5). Please enclose remittance of £i i6s. od. with order to The Incorporated Council of Law Reporting for Ireland, Law Library, Four Courts, Dublin 7. CASES OF THE MONTH Stamp Duty. In Case stated by the Inland Revenue Com– missioners (William Cory & Son, Ltd. v. Inland Revenue Commissioners). C., Ltd., agreed inprinciple to purchase the issued capital of P group companies. A draft agreement for sale was prepared which fixed the completion date as ist November, 1957. On 24th October, 1957, C., Ltd., asked P group to give an immediate option to purchase the shares and stated that if the option was not given, the deal was off. P group, by a written agreement, dated ist November, 1957, granted to C., Ltd., in consideration of the payment of £100, an option, exercisable during the period of thirty days from the date of the agreement, to purchase all the shares for £420,856 35. 6d. The agreement provided that, on due exercise of the option, the shares would be sold to C., Ltd., free from any liens, charges and incumbrances and together with all rights. It went on to provide for the mode of exercise of the option, and continued : " 6. With a view to protecting (C., Ltd.'s) rights arising out of the ... option the (shareholders) shall forthwith transfer or procure to be transferred the ... shares to (C., Ltd.) and/or nominees as (C., Ltd.) shall direct. . . .," the shares to be held in trust for the present registered holders thereof. By cl. 7, no transfer of the shares effected in accordance with cl. 6 " shall operate or be deemed to operate to pass a beneficial interest in the shares," and, by cl. 8, in the event of the option lapsing, the shares were to be retransferred to the present registered owners. On the same day eighty-nine transfers of shares in the P group were executed by several vendors and handed to C., Ltd. Each transfer was expressed to be in consideration of i/- and contained a certificate that the transaction was a transfer where no beneficial interest in the property

7. When in the course of an examination there comes to light material clinical findings, of which the attending practitioner is believed to be unaware, the examining practitioner shall, with the consent of the patient, inform the attending practitioner of the relevant details. 8. An examining practitioner shall not utilize his position to influence the person examined to choose him as his medical attendant. 9. When the terms of contract with his employing body interfere with the free application of this code, an examining medical officer shall make honest endeavour to obtain the necessary amendment of his contract himself or through the Medical Association. Quotation from B.M.A. Handbook appearing in Journal of the Irish Medical Association, Vol. LII, No. 309, March, 1963. CIRCUIT COURT EASTERN CIRCUIT By order of the President of the Circuit Court the dates for the opening of the Trinity and Michaelmas sittings of the Court at Athy for the Athy Division of County Kildare have been altered as follows : Trinity From zgth July to 27th July. Michaelmas From I5th December to loth December. On the conclusion of the sittings for the Athy Division the Court will resume at Naas, should the necessity arise and the time be available, for the disposal of outstanding cases from the Naas Division. SOLICITORS' GOLFING SOCIETY Spring Meeting at Tullamore on Saturday, the 3oth May, 1964. RESULTS. Challenge Cup and Captain's Pri^e : Cyril Coyle (18) Dundalk, 3 up. D. Houhlihan (14) Birr, i up. St. Patrick's Plate (handicaps iz and under} :

J. R. Macken (9) Mullingar, 2 up. W. A. Menton (i i) Dublin, all square.

Veteran's Cup :

Justice J. B. Farrell (14) Tullamore, 3 up. D. P. Shaw (i i) Mullingar, all square.

Member from more than 30 miles away :

P. A. Noonan (13) Athboy, all square.

ist Nine :

L. K. Branigan (14) Dublin, 2 up.

znd Nine :

D. J. Collins (n) Dublin, i up.

Pri%e by lot:

A. Curneen (9) Dublin, i down.