The Gazette 1967/71

COMMISSIONERS OF CHARITABLE DONATIONS AND BEQUESTS BOARD MEETINGS (Easter and Trinity Terms)

RULES OF THE SUPERIOR COURTS (No. 1) 1967

Statutory Instrument No. 63 of 1967 which is available from the Government Publications Sales Office, G.P.O., Dublin 1, or through any bookseller, price 6., contains amendments regarding the pro– visions of the Rules of the Superior Courts for the procedure in obtaining evidence for foreign tribunals. The Rules also amend the provisions in relation to the times when the offices of the Sup– reme Court and High Court are open for public business and delivery or amendment of pleadings during the long vacation.

Tuesday, 27th June 1967 Tuesday, llth July 1967 Tuesday, 25th July 1967

J. S. MARTIN, Secretary.

PREPARATION OF LEASES BY LOCAL AUTHORITY OFFICIALS Section 32 of the Landlord and Tenant (Ground Rents) Act, 1967, terminates the common law liability of a lessee for payment of the lessor's costs, notwithstanding any contractual stipulation to the contrary. Local authorities selling property to tenants by way of lease under the tenant pur– chase scheme will no longer be entitled to make the lessee pay the local authorities' costs. The attention of the Council was drawn to a case in which the county manager informed the law agent that he proposed to have the lease drawn up in the county council office from a precedent and to hand the lease duly sealed on behalf of the local authority to the tenant without retaining any solicitor to act for the local authority. The Coun– cil having considered this matter took the view that such action would involve a contravention of Section 58 of the Solicitors Act, 1954, and resolved that appropriate action be taken by the Society on evidence that a local authority or its official or employee has contravened the section. In the Bail on March 7th, 1966, Mr. Barrett asked the Minister for Justice if he is aware that, because local offices of the Land Registry as con– stituted are mere transmitting agencies for the Central Office, inconvenience, delay and expense are caused to the public and to legal practitioners by reason of the fact that neither registration of documents of title can be effected at local regis– tries nor can certificates of title to property, maps of property or other important documents of title be obtained locally; and if you will consider taking steps to rectify the situation. Mr. Lenihan in reply stated : "I am not aware that any inconvenience, dealy or expense is occas– ioned by the manner in which the registration of the title system is at present operated. The policy of having a Central Office and local offices of the LAND REGISTRY OFFICES

BANK AS EXECUTOR AND TRUSTEE

The National Bank of Ireland have indicated to the Society that they propose circularising all testators who have appointed the National Bank Ltd. as executor or executor and trustee of a will. In the circular the National Bank of Ireland suggest the making of a codicil which they suggest is a simple matter and would not affect the bequests and gifts in the will but it must comply with certain legal requirements. The bank suggest that the testators consult their solicitors about making codicils on constituting the National Bank of Ireland Ltd. for the National Bank as executor or executor and trustee. The bank state in their circular as follows : "If your will creates a trust involving land to which section 45 of the Land Act, 1965, applies, a problem may arise unless you make a codicil ap– pointing the National Bank of Ireland Ltd. as executor and trustee in place of the National Bank Ltd. to which on the transfer of its Irish business to the National Bank of Ireland Ltd. in 1966, ceased to be a "qualified person" for the purposes of the Land Act. This problem may nor arise if the National Bank of Ireland Ltd., which is a "qualified person" for the purposes of the Land Act, if appointed trustee as well as executor in place of the National Bank Ltd. "The directors regret having to trouble you about this matter, and have instructed me to inform you that they will reimburse to you the fees of your solicitor for preparing such a codicil. Please arrange with your solicitor to send us in course the codicil or copy of it for our records."