The Gazette 1952-1955

THE REGISTRY. Section A.

Counsel advised that the statutory receipt is a conveyance within the meaning o f that word used in the General Orders and that, accordingly, the scale commission fee is applicable to the costs both o f the solicitor for the local authority and the solicitor for the owner in a case of a compulsory acquisition whether the assurance is by way o f statutory receipt or by an ordinary conveyance. In as much as there will be no agreement for sale in the case of a compulsory acquisition the com­ mission scale fee must be reduced by the appropriate amount specified in the General Orders. Land Registry Maps. T h e Secretary was directed to communicate with the Registrar o f Titles on tne subject o f a new practice introduced in the Land Registry whereby maps are issued to solicitors without the name of the registered owner of the folio or the area of the holding. Sittings o f the Master o f the High Court. I t was decided that the Society should join with the Bar Council in asking the Master of the High Court to consider sitting on Mondays, Wednesdays, and Thursdays in each week, instead o f Mondays, Wednesdays and Fridays as at present. Registry o f Deeds. T h e Secretary read a letter from the Registrar of Deeds and Titles in reply to a letter from the Society complaining of delays. The Registrar stated that every effort is being made to overtake arrears, and that a re-organisation of the Registry is in progress. ELECTION OF THE COUNCIL FOR 1955-56. 17TH O ctober , 1955, was appointed as the final date for receipt of nominations for the election o f the Council for the year 1955-56 , and 17th November, 1955, was appointed as the date o f the ballot. SOCIETY’S DINNER. T h e Second Annual Dinner o f the Society was held on 4th November, at the Royal Hibernian Hotel, Dublin. Invitations were confined to members o f the Society, o f whom 103 attended. Amongst those present were Mr. Gerard Sweetman, Minister for Finance and Mr. Patrick O’Donnell, Minister for Local Government. After the toast of Ireland had been honoured, Mr. Gerard Sweetman proposed the toast of the Society and the President replied. Mr. Patrick O’Donnell proposed the health of the President, who replied. A pleasant programme of musical items was given by Messrs. W. O. Armstrong and J. Stuart.

O ld E stablished P ractice in busy Southern town for disposal. Average nett income £1,250. Certified audited accounts over many years available. Box No. A 156. S olicitor ’ s P ractice for Sale in West o f Ireland. For further particulars apply to Box No. A 157. Section B. S olicitor , 15 years experience. Good knowledge o f Rent Restriction, Landlord and Tenant, Housing and Labourers’ Acts, Land Registry, Conveyancing, Probate and Court Work. First Class Honours, U.C.D. Box No. B 190. Y oung Solicitor, recently qualified, seeks position. Good Probate and general experience. Box No. B 194. Section C. W ould any person who may have a Robb on Bankruptcy and Arrangement (1907) for Sale, please communicate with Mr. Gavan Duffy, Librarian, Solicitors, Buildings, Four Courts, Dublin. F or Sale, O’Connor’s Justice o f the Peace, 2 Volumes. Box No. C 142. MORTMAIN ACT, 1954 . A n interesting measure o f law reform, the Mortmain (Repeal o f Enactments) Bill, 1954 is expected to be placed on the statute book before the end o f the year. Its main purpose is the repeal o f the Mortmain Acts which for all purposes are now a dead letter. Mortmain refers to a state o f possession o f land as makes it inalienable; it is then said to be in a dead hand, i.e. a hand that cannot shift away the property. It takes place upon alienation to any corporation, sole or aggregate. By several old statutes, alienation o f lands and tenements in Mortmain were prohibited under pain o f for­ feiture to the lord o f the manor; these were made applicable to Ireland by the passing o f Poyning’s law— 1495. The only way to obtain a dispensation from this forfeiture was to obtain a licence in Mortmain from the Crown; this was re-enacted in England by the Mortmain Act, 1888; the corresponding Irish statute, which is now abolished, was the 32 Geo. I ll, c. 31 (Irel.). Thus, up to the present, in the absence of a licence, a cor­ poration could not hold land save under pain o f forfeiture, unless expressly authorised by statute, as under the Companies Act, 1908 ; as most companies were in fact incorporated, these provisions were largely obsolete, and accordingly their repeal must be welcomed. CALENDAR, 1955 . T h e Solicitors’ Act, 1954, will be published in the 1955 issue o f the Calendar. The Calendar , therefore, will not be available before February, 1955. Mem­ bers requiring copies o f the Calendar should order same immediately. Price, 10/-. By post, 10/iod.

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