The Gazette 1967/71

to the purchaser clearly stating that he will not be investigating title on behalf of the purchaser and that no responsibility will attach to him in respect of defects in title. Mortgagor's title deeds Solicitors acting for a mortagor/vendor obtained from the solicitors for mortgagees on accountable receipt all the title deeds except the mortgage and conveyance to the mortgagor. It was stated thai copies of the last mentioned documents would be furnished on payment of scrivenery fees. The Council stated that the solicitor for the mortgagor is not entitled as of right to the original deeds and is entitled to copies only on payment of the appro priate scrivenery fees. Registered land, compulsory registration with absolute title The Council on a submission by two members expressed the view that where a contract for sale is silent on the question of documents to be fur nished the vendor is obliged to furnish only those documents which he has contracted to provide and that in such case there is no obligation on him to furnish a map required by the Land Registry to effect the registration of the purchaser not provided for in the contract. Counsel appearing in Court without solicitors The Council referred to the Dublin Solicitors' Bar Association a letter from a member stating that certain members of the Bar appear in the Dublin District Court without the attendance of solicitors or representatives from the solicitors' offices. Personal undertaking A member of the Society who acted for a client who was about to sell property in order to pay creditors from the proceeds wrote on the instruc tions of the client a letter to the solicitor for one of the creditors in the following terms. We have been requested by our client above named to inform you that the account due by her to you will be paid out of the proceeds of sale of her premises when sold. The proceeds of sale realised were insufficient to pay the unsecured creditors after discharging secured claims. The Council on the facts sub" mitted were of the opinion that the statement by 132

MEETINGS OF THE COUNCIL April 16th The President in the chair also present Messrs. John C. O'Carroll, Mrs. Moya Quinlan, Senator J. J. Nash, George A. Nolan, John Maher, Ralph J. Walker, Thomas V. O'Connor, Robert McD. Taylor, Desmond Moran, Walter Beatty, Peter D. M. Prentice, Joseph L. Dundon, John B. Jermyn, Rory O'Connor, Bruce St. J. Blake, Eunan McCarron, Gerard M. Doyle, William A. Osborne, William M. Cahir, Francis Lanigan, John Car- rigan, Thomas Jackson, John O'Meara, Peter E. O'Connell,, Brendan A. McGrath, Gerald J. Moloney, James W. O'Donovan, Thomas E. O'Donnell, Gerald Hickey, Patrick F. O'Donnell, Christopher Hogan, Norman Spendlove, W. A. Alien, David R^gcl. The following was among the business trans acted. Requisitions on title, advance reply The Council on a report from a committee con sidered a proposed form of certificate which is issued with documents of title to each purchaser of a house on a building estate. The certificate has been cleared with solicitors who act for various lending institutions who will accept the certificate in lieu of replies to requisitions insofar as relevant matters are covered. If the solicitor for the lender wishes to raise further matters not covered by the certificate he is entitled to do so. It was suggested that if the Council were to indicate they thought that such a certificate (insofar as it covers matters arising that would otherwise be included in requisitions) should be accepted conveyancing transactions would be expedited. The Council on a report from a committee decided to approve of this suggestion. If practitioners are prepared to accept the certificate it will not be necessary to raise requisitions on any matters fully covered by the certificate. A copy of the proposed form of certificate will be printed in the next issue of the Gazette. Same solicitors for builder/lessor and purchaser/lessee The Council were asked for a ruling on the position of a builder's solicitor who is asked by a purchaser/lessee to furnish title to a lending insti tution. The Council states that in such circum stances the solicitor for the builder should write