The Gazette 1955-58

tribution by an annuity or if he makes default in the payment of the capital under Section 2 (4) (b) the occupier's contribution is to be charged by the Land Commission on the holding and shall be dis charged by means of an annuity at 4 per cent. The charge takes priority over all charges and incum- brances except certain State charges and will be consolidated with the land purchase annuity under Section 3 (4). A member of the Society acted for the purchaser of a farm who raised a loan from a bank. Member gave an undertaking to the bank to hand over the land certificate in due course free of in- cumbrances and with equities discharged. Member duly lodged the documents in the Land Registry with the application to discharge equities and received no further communication until the land certificate was returned with the change of owner ship registered and equities discharged and bearing the following entry :— " The owner having accepted the proposal of the Minister for Agriculture pursuant to Section 2 (3) of the Land Reclamation Act, 1949, all dealings for value by the registered owner with the lands comprised in the folio are inhibited except with the consent of the Minister." Member is now in difficult position with the Bank as he is not in a position to carry out his undertaking. The Council read a letter of July iyth from the Registrar of Titles, suggesting that solicitors acting for a purchaser could get over the difficulty by raising a requisition on title as to whether any charge under Section 3 (2) of the Act is in evidence or contemplation. The reply to the/»--re"quisition would disclose whether or not purchaser's solicitor can safely give an undertaking on behalf of the client. (a) The*Gpuncil were of opinion that the solution suggested does not meet the case. ( In the matter submitted to the Society the charge •^c,v was created by the purchaser himself without "\V the solicitor's knowledge after the latter had IliYen an undertaking to the Bank. / (b) It was decided that an enquiry should be sent to the Land Commission as to whether the Minister's consent to a sale is necessary where a charge is being created and if it is necessary the appropriate procedure. (f~) The Minister will be asked to state whether the lodgment of the Land Certificate with the 1X^w-—icBank as security for a loan is a dealing within the meaning of the Act. A further statement will be published in the Gazette in due course. Circuit Court Rules Committee. MR. Scan O'hUadhaigh was re-appointed as one of the Society's representatives on the Committee. 40

Regulation 21 of the Apprenticeship and Education Regulations and Paragraph 4 of the Second Schedule to the Solicitors' Act, 1954, for University law lectures attended before entering into indentures, provided that the Society are satisfied that there has been no undue delay in entering into indentures after completion of the lectures. Such lectures may also be taken during the period of apprenticeship. It was also decided that a new regulation will be made to enable apprentices to obtain the remission of one year in the term of apprenticeship under paragraph 4 of the Second Schedule to the Act by attending any lectures in legal subjects for two collegiate years at the named Universities. The new regulation is necessary to enable apprentices who have attended lectures other than those mentioned in regulation 21 before ist September, 1956, the date when the regulations came into operation. Legal Accountants Costs Association. A Committe reported that a conference had been held with members of the Association on the subject of cost drawers' charges. The propriety of charging commission on disbursements as well as profit costs had been discussed. The representatives of the Association were arranging to submit a draft scale of charges to the Society for consideration. Irish Land Commission. IT was decided that representations should be made to the Secretary of the Irish Land Commission asking that a recent practice of refusing to permit solicitors to inspect the appearance book kept in the Registrar's office for the purpose of preparing their costs should be changed. Delays in Government Offices and Depart ments. IT was decided that the Secretary should write a letter to the head of each Department asking for information as to the normal time taken to complete •specified classes of business where the-'papers are .lodged by the solicitor in order. The information received in reply to the letters will be considered by the Council in due course. Land Reclamation Act, 1949. SECTION 2 of the Land Reclamation Act, 1949, enables the Minister to carry out reclamation work to a holding at the request of the occupier. On acceptance of the proposal the Minister notifies 'the Land Commission of the cost of the work and the Land Commission transmit the notification to the Land Registry, or in the case of unregistered land to the Registry of Deeds. The post of the work is repaid on completion by means of an annuity. By Section 3 if the occupier decides to pay his con­