The Gazette 1944-46

MR. JOHN S. O'CONNOR, T.D. THE Council at a recent meeting passed a vote oi' congratulation with Mr. O'Cormor on his election as a member of Bail Eireann. The President stated that it was particularly fortunate that the Council should be represented in the Dail in view of the expected introduction of the Solicitors Bill. Mr. O'Connor was a Vice-President of the Society for the year 1942-43 and is at present a member of the Council. THE Council recently received representations from a member of the Society concerning a differ ence of practice prevailing in the profession as to the right to prepare the memorial and register a lease as between the solicitor for a lessor and the solicitor for a lessee. It was pointed out that although it is undoubtedly the right of the lessee's solicitor to register the lease if he wishes to do so a fairly widespread practice has grown up whereby the lessor's solicitor performs this work. This practice is not universal and differences of opinion often arise as to the proper course to be followed. The Council, after considering the opinions Nos. 38 and 39 printed in the current Calendar of the Society, saw no reason to depart from thc.sc opinions. The position, in the opinion of the Council is therefore as follows :— («) In the absence of any agreement to the contrary it is the right of the solicitor for a lessee, should he so desire, to prepare the memorial and register the lease at the expense of his client. (b) When the memorial for registering a lease is prepared by the solicitor for a lessee and the lessor is required to execute it the solicitor for the lessor is entitled to be paid by the lessee the costs of approving of and obtain ing the execution of the memorial under Schedule 2 in addition to all other charges to which he may be entitled. The Council also expressed the opinion that as a matter of practice and usage when a surrender of a lease is incorporated in a new lease of the same property the solicitor acting for the lessee should be allowed to register the deed if he wishes to do so as the lessee is the party having the larger interest therein. 20 REGISTRATION OF LEASES IN REGISTRY OF DEEDS.

Land Registry Practice. THE Secretary reported that he had interviewed the Registrar of Titles with reference to the re quirement in the Registrar's memorandum recently circulated to the profession that evidence of the P.L.V. of lands must be lodged in connection with applications for first registration, transfers (except on sale), and applications for cancellation of the note as to equities or of qualified or possessory title, and that the Registrar had informed him that, the rates demand note will be accepted as sufficient evidence in lieu of the certificate of valuation where it shows the P.L.V. of the prop erty concerned. The Secretary also reported that he had been informed by the Registrar of Titles that the note in the memorandum recently circulated to solici tors concerning the lodgment of documents in the central office instead of with the local Regis trars is not mandatory and that solicitors are free to adopt whichever course they find most con venient. Land Registration Fee Order, 1944. THE Council considered the report of a deputation which obtained an interview with the Minister for Justice since the Council last met on the subject of the above Order. The deputation reported that the Minister had requested them to submit a memor andum, and that the memorandum had been prepared. The Meeting also considered a request from the Co. Louth Sessional Bar Association that a special general meeting of the Society should be summoned to press for the revocation of the Order. It was decided that failing a satisfactory reply from the Department to the Society's memoran dum a special general meeting should be sum moned. SEANAD ELECTION. As reported in the June issue of the Gazette, the Council nominated the President, Mr. L. E. O'Dea and Mr. Arthur Cox one of the Vice-Presidents to the Cultural and Educational Panel for the Seanad Election. On the result of the poll the President was declared elected to the Seanad. The last previous nominee of the Council who was elected to the Seanad was the late Mr. T. W. Delany who was elected in 1938 and the success of the President at the recent election will give general satisfaction to the profession.