The Gazette 1946-49

solicitors should be guided in either giving such undertakings to other solicitors or accepting under takings from them :— (1) An undertaking should not be lightly given, and should be avoided if possible. Many cases will, however, occur in which the giving of an under taking is necessary in the client's interests. (2) If it is necessary to give an undertaking it will be deemed to be the personal undertaking of the solicitor giving it unless the contrary be proved, and the onus of proving the contrary shall lie on the solicitor asserting it. (3) In the opinion of the Council, a solicitor who gives an undertaking on behalf of a client on which he does not intend to accept personal responsibility should express this intention clearly in the under taking by appropriate words. The use of such words as " on behalf of my client," or " on behalf of the vendor," alone does not make this intention sufficiently clear, and further or different words are necessary if it is ntended to exclude personal lia bility on the part of the solicitor. (4) The foregoing does not purport to be a state ment of the law upon the subject of solicitors' under takings, or to regulate the relations between solicitors and persons other than solicitors. It is merely a statement of the practice which, in the opinion of the Council, should be adopted as a matter of pro fessional etiquette among solicitors themselves, and which the Council believe has been customary for years. Apart from professional etiquette, the question whether a solicitor's undertaking is legally binding upon him depends upon the facts of the particular case, and the application thereto of the appropriate legal rules. (5) The wilful breach by a solicitor of a written professional undertaking would, in the opinion of the Council, be sufficient ground for the institution of proceedings before the Statutory Committee on foot thereof. The foregoing is published for the information of members, and in order to prevent misunder standings. It seems to the Council to be quite obvious that when a solicitor accepts an undertaking from another solicitor he does so in the faith of that solicitor's professional integrity, and that an under taking which only binds another solicitor's client, about whom he may know nothing, would in many cases be valueless. LAND REGISTRY TRANSFERS ON SALE UNDER ORDERS OF THE COURT THE Land Registration Rules Committee with the

concurrence of the Minister for Justice have made the following supplemental Rules which take effect as from the ist February, 1949, viz :— 4. (i) Rule 71 of the 1937 Rules is hereby rescinded, and the following Rule is hereby pre scribed in lieu thereof :— A transfer by a registered owner, or his personal representative, in execution of a decree, judgment, or order of a Court shall be accompanied by:— (a) An Office copy of the Order of the Court directing the sale of the property of such registered owner ; (b) A certificate of the Examiner of the High Court, or (if the sale has been directed by the Circuit Court) a Certificate of the County Registrar, certifying the result of his enquiries as to the incumbrances on such property ; (c) If such sale is in pursuance of an Order of the Circuit Court, a further Certificate of the County Registrar of such Court specify ing the parties to the proceedings for sale, and the persons served with notice of, and bound by, such proceedings. (2) On production in the Registry of the documents mentioned in Clause (i) of this Rule, and, in the case of a sale made in execution of a decree of the Circuit Court, if the Certificate of the County Registrar shows that the owners of all charges, judgment mortgages and burdens appearing in the Register as affecting the property comprised in the transfer are parties to the proceedings, or have been served with notice of such decree, the Registrar may cancel such charges, judgment mortgages and burdens in the Register of the pro perty comprised in the Transfer. (3) In default of production in the Registry of the documents mentioned in Clause (i) of this Rule, the transferees shall be registered as owner subject to all the burdens and notices of burdens appearing in the Register, except those for which Releases or Consents to their cancellation by their owners are produced. NOTE : The effect of these new Rules is to obviate the need for obtaining a specific Order from the Court (as laid down in the case of Kidd v. O'Neill (1931) I.R. 664) directing the cancellation of such (if any) of the burdens and notices of burdens in the Register as the property is to be discharged from on the registration of a transferee under an Order for Sale made by the Court. Dated I4th day of January, 1949. JOSEPH O'BYRNE, Registrar. 55