The Gazette 1964/67

Society's representative for election to the Cultural and Educational panel. Trade Union Act, 1941 The Secretary stated that the Minister for Industry and Commerce has acceded to the Society's applic ation for excepted body status to enable the Society to carry on negotiations as to salaries and conditions of employment without a licence under the Trade Union Act. LEGAL AID IN CRIMINAL MATTERS The Legal Aid Scheme came into operation on April ist and the Council in the March issue of the Ga2ette advised members to co-operate in making the scheme a success although many will be doing so at a sacrifice. The Council intend to keep the working of this scheme under review and they are asking Bar Associations and members to co-operate with the Society towards this end. Work record forms will be issued to members in the near future with a request that practitioners on the legal aid lists in each county should keep an accurate record of the hours spent and the fees earned for each item of work. If a sufficiently large number of offices keep the record sheets and return them to the Society the Council will be able to ascertain the average rate per hour earned on legal aid work by members participat ing in the scheme. The information obtained from the survey will be supplied to members on the legal aid lists. The advantages of the survey will be two fold, (i) The Council will have accurate information for any further discussions with the Department of Justice (2) the profession itself will have accurate information as to the economic and financial aspects of the le'gal aid scheme. LAND ACT, 1965 (Sections 12 and 45) Land Registry Practice Note The attention of Solicitors is drawn to the pro visions of section 12 of the above Act and the fact that an " agricultural" holding, whether or not subject to a Land Purchase Annuity, cannot be let, sublet, or subdivided, without the consent in writing of the Land Commission. These provisions do not apply to property coming within the provisions of subsection (4) of the section. " Towns " means the following:—Ardee, Balbriggan, Ballybay, Bally- shannon, Bandon, Bantry, Belturbet, Boyle, Callan, Cootehill, Droichead Nua (Newbridge), Edenderry, Fethard,Gorey,Granard,Kilkee, Lismore, Loughrea, Mountmellick, Muinebeag (Bagenalstown), Mullin- gar, Newcastle, Passage West, Portlaoighise (Mary borough), Rathkeale, Roscommon, Tramore, Tuam. 84

The following was among the business transacted : Standard form of building agreement It was decided to investigate the possibility of having a standard form of building contract settled in agreement with the Builders Associations and the matter was referred to a committee for consideration. Standard conditions of sale A draft submitted by a committee was settled for publication and sale to members. Succession Bill, 1964 The Council considered the bill in the light of the recent press statement by the Minister for Justice. The only remaining vestige of the legal rights in the original Bill will be a legal right of the widow to one third or one half of the estate depending on whether there are children of the marriage. It was decided that the Council should not alter the original views expressed viz., that the determination of legal rights should be a matter for the Court. APRIL STH: The President in the chair, also present Messrs. Robert McD. Taylor, Francis J. Lanigan, Desmond J. Collins, George A. Nolan, George G. Overend, John J. Nash, Thomas V. O'Connor, James R. C. Green, Ralph J. Walker, Peter D. M. Prentice, Joseph P. Black, R. A. French, Gerard M. Doyle, Richard Knight, Rory O'Connor, W. J. Comerford, John Carrigan, Niall S. Gaffney, T. E. O'Donnell, James W. O'Donovan, Peter E. O'Connell, Brendan A. McGrath, Gerald J. Moloney, John B. Jermyn, Eunan McCarron. The following was among the business transacted : Professional privilege A member sought guidance from the Society as to his professional obligation in the following cir cumstances. A clerk in his office interviewed a client who gave instructions for an application for a grant of probate. The client incorrectly instructed the clerk that the deceased had made no gifts inter vivos whereas in fact the client had received substantial sums from the deceased shortly before her death. The papers for probate were drawn up on these instructions. Member subsequently as certained the true facts. The Council, being of the opinion that the client instructed member wrongly with a view to committing a fraud on the Revenue, stated that the case fell within the principles of Cox v. Railton, that the communication was not protected by privilege and that member should inform the Revenue Commissioners of the inter vivos gifts. Seanad election The Council appointed Mr. John J. Nash as the