The Gazette 1946-49

very many years of the profession in Ireland to hand over the title deeds in exchange for a Bank draft or a cheque guaranteed by a bank for the amount of the purchase money. It has also been the general practice of solicitors acting for vendors to refuse to accept cheques for the balance of purchase moneys, whether signed bypurchasers or their solicitors, unless so guaranteed. The Council strongly recommend that this should be adopted as a uniform practice. In their opinion unguaranteed cheques for the balance of purchase moneys, whether signed by the purchasers or their solicitors, should neither be offered nor accepted. To offer an unguaranteed cheque to another solicitor may place him in a position of embarrassment, and it would be in the interests of the profession as a whole that a uniform practice should be observed throughout the country. REMUNERATION OF SOLICITORS TO PUBLIC ASSISTANCE BOARD IN the High Court on July 26, Overend, J, made a declaration that Martin A. Harvey, Solicitor, had been employed by South Cork Board of Public Assistance as their solicitor on a taxed-costs basis since October, 1942. The Plaintiff's case was that on 28th February, 1938 he was appointed per– manent solicitor to the Board " on taxed-costs basis, subject to the Minister's sanction, the Board's liability for this legal work not to exceed .£250." The Minister's sanction, dated ijth March, 1938. read : " If the proposal is to employ Mr. Harvey as solicitor to the Board on a taxed-costs basis, the Minister sees no objection thereto." The Plaintiff claimed that by the Board's adoption of this sanction he was duly appointed as solicitor to the Board on a taxed-costs basis, and that the addition to the Board's resolution purported to limit the Board's liability to £250, were also void. Overend, J. said that the only matter the Minister sanctioned was the Plaintiff's appointment on a taxed-costs basis, with– out any overriding maximum, and the fact that the Plaintiff had acted as solicitor to the Board ever since indicated that the Board had accepted the Minister's qualification of what they had done. If, in fact, the Board and the Minister were in disagreement, there had been no valid appointment, but the Plaintiff having done the law work for the Board, was entitled to taxed-costs. On February 4, the Supreme Court (Maguire, C. J. O'Byrne and Black, J J.) dismissed with costs an appeal by the Board of Assistance from the Order of the High Court. OBITUARY MR. ROBERT C. BATHURST, Solicitor, died at his 7°

Increased Solicitors' remuneration THE President reported that by the Land Registra– tion Rules 1947 an increase of 25 per cent, was authorised in respect of business transacted after 3ist March, 1947, under the Land Registration Rules 1937 to 1946. The new rules were printed in the March number of the Gazette. He also reported that the discussions with the Committee under the Solicitors' Remuneration Act 1881 for an increase in the costs prescribed by the General Order of 1884 were proceeding. Applications under Section 47 Two applications from solicitors for leave to take out their practising certificates were considered and granted on payment of the current duty. Delays in the Land Registry THE Secretary reported that he had received letters from a number of solicitors complaining of great delay in the transaction of business in the Land Registry. He stated that he had discussed the matter with the Registrar of Titles and was satisfied that the delay is due entirely to shortage of staff. It was ordered that steps should be taken to have a question asked in Dail Eireann with a view to drawing attention to the necessity for the provision of adequate staff in the Land Registry. EMERGENCY POWERS (NO. 378) ORDER, 1946 THE attention of the profession is drawn to the above Order which is made under the Emergency Powers Acts 1939-45 revoking the following articles of the Emergency Powers Order 1939 : 12, 16, 28, 29, 37, 39, 46 (part), 50, 70, 78, 86, 87, 90. The provisions of these articles related to the following matters : Sabotage ; obstruction ; safeguarding ; power to obtain information; photography, etc. power to work on and entry and inspection of land ; control of lights and sounds ; causing disaffection ; licensing of roads and vehicles ; recovery of ex– penses ; entrusting of functions to Statutory Cor– porations ; legal proceedings. COMPLETION OF SALES WITH UNGUARANTEED CHEQUES THE Council deem it advisable to publish for the guidance of the profession their opinion as to the practice which should be adopted in paying over the balances of purchase moneys .on the completion of sales. The law as stated in the standard text books is that the vendor is bound to accept legal tender. He is entitled to refuse to accept a bank draft or a cheque, whether or not it is guaranteed by a bank. It has, however, been the custom for