The Gazette 1946-49

Search Fees THE Council decided that in a case where a former client of a solicitor requested him to hand over original documents of title which had been in the solicitor's office for twenty years and in respect of which there was no lien for costs, the solicitor was obliged to deliver the documents without any search fee, in accordance with Opinion 90 of the Council. The Council also considered a query from a member as to whether a search fee could be charged where a client requires the delivery of documents of title or other valuable documents within Opinion 90, paragraph (i) which were held by the solicitor, together with other documents within Opinion 90, paragraph (2). The Council was of opinion that as the demand from the client was in respect of the valuable documents coming within Opinion 90, paragraph (i) he was entitled to receive same without payment of any search fee whether or not they were mixed with other documents falling within Opinion 90, paragraph (2). Applications under Sections 16 and 18 ONE application under Section 16 was considered and granted. An application from the same person under Section 18 for total exemption from the Preliminary Examination was considered and it was ordered that it should not be opposed. Applications under Section 47 Two applications under Section 47 were considered and granted on payment of two years' licence duty in both cases. FINANCIAL (No. 2) BILL, 1947 SECTION 13 (as introduced) Stamp Duties 13 (i) The stamp duties chargeable on con– veyances or transfers of lands, tenements and hereditaments under the heading " Conveyance or transfer on sale of any property" in the First Schedule to the Stamp Act, 1891, as amended by subsequent enactments, shall, on and after the ist day of December, 1947, be at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the con– sideration in lieu of the rates immediately theretofore chargeable. (2) Subsection (i) of this section shall not apply (a) in the case of a conveyance or transfer by a local authority under the provisions of the Housing of the Working Classes Acts,

lease bound to furnish copy map and at whose expense ? In the opinion of the Council, (i) the purchaser's solicitor is entitled to a certified copy of the map ; (2) Assuming that it can be proved that the solicitor who certified the copy lease omitted to attach a copy map he is now bound to furnish it at his own expense. Apprentices' Applications A number of applications from apprentices were considered and dealt with. Applications under Section 47 Two applications by solicitors for liberty to take out practising certificates were considered and granted. OCTOBER 23rd. The President in the chair : Also present: Messrs. William L. Duggan and John J. Bolger, Vice-Presidents; Messrs. W. S. Hayes, H. P. Mayne, J. R. Quirke, J. J. Lynch, W. J. Norman, N. S. Gaffney, J. Barrett, R. J. Nolan, G. A. Overend, J. B. Hamill, T. A. O'Reilly, P. F. O'Reilly, P. R. Boyd, D. O'Connell, J. P. Tyrrell, S. O hUadhaigh, L. E. O'Dea, Roger Greene, Dermot P. Shaw, Arthur Cox. The following was among the business transacted : Costs under the Labourers Acts IT was ordered that the Secretary should write to the Minister for Local Government requesting that the scale of costs under the Labourers Acts in connection with improvement schemes should be increased by 33^ per cent, on the scale at present in force. Open Contract—Discharge of Equities STATEMENT of facts for the opinion of the Council. A. entered into an open contract to sell his interest in a farm of land to B. A. was registered as owner subject to equities. The equities could not be discharged except under Rules 37 and 38 of the Land Registration Rules 1937. A's solicitor fur– nished particulars of the title prior to registration which he claimed was sufficient to enable eCj^.:2S to be discharged. B's solicitor claimed that as the property was bought under an open contract the vendor must discharge equities prior to the completion of the sale. A. claimed that he is bound only to furnish sufficient particulars to enable the purchaser to discharge equities. Both parties agreed to accept the decision of the Council. In the opinion of the Council, the purchaser under the open con– tract having agreed to buy the vendor's interest in the property is entitled to receive sufficient title to enable the equities to be discharged but he must discharge the equities himself, at his own expense.