The Gazette 1958-61

in the contract. Many solicitors are closing on land searches and member asked for advice as to the incidence of the additional expense. The matter was referred to the Dublin Solicitors' Bar Association. Northern Ireland Commissioners for Oaths The Council were informed that some district justices will not accept an affidavit sworn before a commissioner for oaths in Northern Ireland and that counsel has advised that they may be correct in this view having regard to certain provisions in the District Court Rules. No difficulty arises as regards affidavits filed in the High Court. The Council directed that the matter be referred to the District Court Rules Committee. Courts (Establishment and Constitution) Bill, 1959 and Courts (Supplemental Pro visions) Bill, 1959 The Council on report from the Legislation Committee considered the provisions of the Bills and directed that representation should be made thereon to the Department of Justice. Commission scale fees on leases The Costs Committee submitted the following report: (i) At the present time as regards property registered and unregistered as a whole there are four different commission scales printed in the Society's calendar : Table B is for leases at rack rent of unregistered land. Table E, is for the same kind of lease of registered land. Table C is for building leases and long leases not at rack rent of unregistered land. Table F is for the same kind of lease of registered land. A short lease not at a rack rent, if there is such a thing, does not fall under any commission scale fee. If the subject matter is un registered land the new Schedule 2 applies ; if it is registered land the costs are chargeable by items under the old Schedule 2. (ii) The Committee think there should be only two scales, a higher and a lower scale applicable equally to the registered and unregistered land. The present scales for registered land should be adopted. (iii) The old distinction between leases at rack rent and leases at less than a rack rent should be abolished. Instead, a building lease, a lease containing a fine and a lease for a term greater than thirty five years should each be charged on the higher scale. All other leases should be charged on the lower scale. Civ) The existing practice of the profession as regards yearly and shorter tenancies should remain, 88

He then ascertained that the client had a brother in a mental hospital whose existence had not been disclosed. Member asked for advice as to his professional position particularly as to his obligation to make this disclosure to the purchaser, the position of the sureties and his obligations to the Land Registry who have apparently registered the client as owner on a misrepresentation made by the latter. It would appear that no question of privilege can arise between the client and member having regard to the fact that the client apparently retained member as a solicitor for the purpose of committing a fraud. The Council on a report from a Committee stated that in their opinion the client should be informed of the rights of the next-of-kin in the mental home to share in the estate and that member is obliged to disclose the mistake to the Registrar of Titles and to the sureties. Certificate of discharge of income tax The Council reconsidered on request the existing ruling that the work of a solicitor for a vendor in applying for and obtaining the Section 6 Certificate is included in the commission scale fee and that no further charge should be made against the vendor and that no charge should be made against the purchaser in respect thereof. In cases in which the solicitor has to make a return of income tax on behalf of a client in order to obtain the certificate the appropriate charge therefore may be made against the vendor under Schedule 2. The Council decided to make no change in the existing ruling. Compensation Fund On report from the Compensation Fund Com mittee the Council admitted claims amounting to A member who acted for a purchaser who bought under a contract containing a stipulation that the purchaser would admit the identity of the property from the muniments of title offered by the vendor, wrote asking whether it was in accordance with ordinary conveyancing practice to refuse to furnish a certified copy of the Land Registry Map. The Council replied that the matter is one for the parties under the contract or conditions of sale. Registry of Deeds searches Members wrote referring to delays in the Registry of Deeds in supplying negative searches which make it impossible or difficult in many cases to complete a sale in the normal period of one month stipulated £11,863 for payment. Land Registry Map