The Gazette 1972

by the Finance Act, 1970. Section 59 (1) of the 1891 Act provides that where any contract or agreement for sale of any estate or interest in property is made it shall be charged with the same rate of ad valorem duty as if it were an actual conveyance. Sub-section (4) which has been repealed provided that where any such contract or agreement is stamped with a fixed duty of 10s or 6d it shall be regarded as duly stamped for the mere purpose or proceedings to enforce specific performance or to recover damages for the breach thereof. By virtue of the repeal of sub-section (4) the defendant in specific performance proceedings could raise a stamp duty objec- tion. It was decided that a letter should be written to the Revenue Commissioners drawing attention to the difficulty and suggesting that sub-section (4) of Section 59 of the Stamp Act, 1891, should be reintroduced. Mortgagee's right to land certificate Member drew attention to Section 57 of the Regis- tration of Title Act, 1964, which provides that the owner of a charge is not by reason of being such owner entitled to the land certificate and it goes on to provide that every stipulation whereby the custody of the land certificate is to be given to the registered owner shall be void He drew attention to the practice of lending insti- tutions of requiring that the land certificate should be deposited with them. The Council on a report from a committee were of the opinion that the practice at pre- sent observed by the lending institutions does not occa- sion any hardship and is generally in the public interest and decided to take no further action. Commission scale fee—administration matters A member enquired whether in assessing the commis- sion scale fee the gross value of the estate should include the English and other foreign assets and whether a separate charge should be made for taking out the English and foreign grants, fees payable to the foreign solicitors being regarded as outlay. The Council on a report from the committee stated that assuming the commission scale fee is agreed between member and client it would be chargeable on the gross Irish and foreign assets. The professional charges of the English or other foreign solicitors for the extraction of foreign grants should be paid out of the commission charged. The foreign outlay would be chargeable in addition. Service on limited company Attention was drawn to difficulties which arose in the service of proceedings on limited companies at the offices of the companies' accountants. In some cases the accountants had failed to take action on foot of the proceedings. It was decided that a letter should be written to the various accountancy bodies asking them to draw the attention of their members to the importance of the matter. Registry of Deeds Representations were made to the Registrar of Deeds on the subject of complaints received from members of delav in the Public Search Room and also the necessity of additional telephones. L.'uid Registry Representations were also made regarding certain diffi- culties in connection with the rejection of documents and mapping in the Land Registry. 3

The following was among the business transacted. Undertaking by solicitor Members on the authority of a client gave a personal undertaking to a garage to pay the garage account for repairs to the client's car when the insurance company's cheque would have been received by members. The cheque payable to the client was received and repairs were carried out but the client was not satisfied and instructed members not to pay the account. By common consent the car was taken back and further repairs executed the client giving his own cheque in settlement. After examination of the car the client was still not satisfied and stopped his cheque. Members still hold the insurance company's cheque in favour of the client who has requested members to hand it over to him and the garage company has applied to member for payment of £523.90 on foot of the undertaking. Members ask for a ruling from the Council as to whether they should pay the garage account or hand the cheque to member. The Council on a report from a committee stated that on the facts as submitted members were not bound by the undertaking to the garage because the insurance com- pany's cheque being made payable to the client was not received by the solicitor for the purpose of the under- taking and acceptance by the garage of the client's own cheque in settlement amounted to a waiver of any rights under the undertaking. Interest on damages The Council directed that a letter be written to the Committee on Court Practice and Procedure suggesting that the law relating to interest on damages should be revised in the interests of claimants so that interest on damages subsequently awarded should be assessed from the date of the originating summons at a rate prescribed oy rules of Court to correspond with the rate of interest on short-term Government loans. Increased postal charges Several members drew attention to the fact that since the announcement of the applications for increase in solicitors' remuneration there had been an increase of 50 per cent in postal rates. The Council were of the opinion that this matter should be dealt with at the appropriate item in solicitors' bills. In its effect on debt collection work it is a matter for negotiation and agree- ment between the client and the solicitor acting for the creditor with appropriate adjustments where necessary. County Council—payment direct to client A member who acted for a client in the sale of a vested cottage to a County Council and for another client who sold part of his land to the County Council mr road widening drew attention to the practice of a •°unty Council of sending the cheque for the purchase money direct to the client. As the result of this the solicitor will probably have to institute proceedings in °ne case to recover his costs. In the meantime he claims a hen on the completed documents of title and does not !S tenc ! t o a, l°w the County Council access to them. By direction of the Council a letter was written to the bounty Council seeking an assurance that the procedure mentioned by member would not be adopted in future. " no satisfaction is received it was decided that the matter should be taken up by the Department of Local ^vernment. Stamp duty—Finance Act, 1970 A member drew attention to the following matter, aestion 59 (4) of the Stamp Act, 1891, was repealed