The Gazette 1964/67

paid to answer requisitions on title. The requisi tions asked for were the provision of the copy folios, the showing of a discharge of outgoings, the production of evidence that there was no claim for death duties and whether there were any lay-tithes payable out of the estate. The rulings were issued on September 10th 1964 and with the exception of the sending in of the copy folios nothing has been done. It was a matter in which any experienced clerk in a solicitor's office could deal with. It might be that the Land Bonds had failed in the meantime and that this woman had suffered. If she had she might have redress and recoup her loss but not in any action against the Minister or Land Commission. That woman's £11,000 plus the accumulated interest would be lying there until Tibs Eve until her solicitors did what every single solicitor must do in any similar case." The Council of the Society asked the solicitor concerned for an explanation of the position and, with his client's permission, he sent a copy of his file to the Society. An examination of the file clearly shows that the owner's solicitor was active and diligent in the conduct of his client's busi ness, that no part of the delay was attributable to him and that allocation could not have taken place in February, or even in May, 1965, having regard to the difficulty of obtaining a certificate of clearance from death duties from the Revenue Commissioners. Immediately on receipt of the Examiners' rul ings on 10th September, 1964, the owner's solici tor applied to the Estate Duty Office for a certificate of discharge from death duties, which was the only matter of difficulty; since then he had been in constant communication with that office, and he had since then received not only one but a whole series of different queries at different times on different points which were duly answered. The latest additional queries from the Estate Duty Office were received on 26th May, 1966. The facts have been brought to the attention of the Minister by a letter from the President and he has been requested to withdraw the al legations made against the solicitor. CIRCUIT COURT RULES 1966 'These Rules' which came into operation on 13th June, 1966 provide for an increase in costs in debt and liquidated claim cases settled before entry. The Rules are available from the Govern ment Publications Sales Office, G.P.O. Dublin,

1, or through any book-seller, price 6d. (S.I. No. 128 of 1966). SOCIETY OF YOUNG SOLICITORS A meeting was held as usual in Bushwell's Hotel, Molesworth Street, Dublin, on Thursday, 26th May, when a Senior Counsel delivered a lecture on "the preparation and presentation of a case for counsel." The lecture appealed to solicitors to try, where possible, to prepare a written case when presenting a relevant file to counsel, rather than to merely give an entire file, containing other matters relating to the querist's affairs, and asking counsel, verbally, to give an opinion. By doing this counsel's time is wasted, as is indeed the solicitor's, when counsel has to sort the file out, and send queries to the solicitor concerned. The lecture was followed by a lively discussion. At the private business, held prior to the lecture, a sub-committee was formed to look into the proposed new Solicitors' Accounts (Ammendment) Regulations. The next lecture will be delivered by Mr. M. Gavagan, Chief Examiner and Public Trustee, of the Land Commission, and will be dealing with inter alia, Land Commission practice. Current publications, available to members only, include :— Hire Purchase and Credit Sales • Building Contracts Office Procedure Lecture and Discussion on Bankruptcy Registration of Title. Lecture on : "Succession Act." "Probate Office Practice." Certain sporting rights which have not been exercised for the twelve year period referred to in the Section may be cancelled on the register provided the Registrar of Titles is satisfied that the rights have not been exercised in such period. In the interests of conformity the Reigistrar has in consultation with the Land Commission drafted a form of Affidavit and Advertisement for insertion in the local paper. The form of Affidavit and Advertisement is as set our here- under. If solicitors use these forms in any applic ation they make under the section, provided there are no sustainable claims, there will be little 19 LAND REGISTRY PRACTICE Section 18 Land Act 1965