The Gazette 1981

GAZETTE

APRIL 1981

COMPLETION BEFORE ASSURANCE An extract from the Special Conditions of a Contract for the purchase of new house built under the Dublin County Council 'Small Builders' Scheme was submitted by a firm of solicitors to the Conveyancing Committee for consideration, the extract reads as follows: Delays may occur in obtaining the Transfer and other documents of title from the County Council, but notwithstanding the employer shall complete this transaction by way of bridging finance within seven days of being notified by the Contractor or by his solicitor that the premises have been so completed and shall accept an undertaking from the contractor's solicitor that they will furnish the transfer duly sealed by the County Council together with the other relevant documents when received by them from the County Council. The Conveyancing Committee considered that this clause is unfair and improper and should not appear in the Special Conditions of any contract; it is further re- commended that no solicitor should give or ask another solicitor to accept an undertaking to furnish a transfer duly sealed by any County Council. The clause creates an impossible position for purchasers' solicitors who, in giving the normal form of undertaking for bridging finance, would be in breach of the terms of that undertaking in that bridging finance would be used to close the transaction and on closing no documents of title would be furnished by the Vendor's solicitor to be held by the Purchaser's solicitor for the Bank. COURT AND EXCISE STAMPS Arising out of representations made by the County of Tipperary and Offaly (Birr Division) Sessional Bar Association, the Department of Posts and Telegrpahs has now informed the Society that stamps may be purchased by cheque at a named Post Office, provided the cheques are guaranteed by the drawer's Bankers. A form of guarantee, which can be obtained from the Department, should be completed and signed by the Banker and returned to the Accountant's Branch, Ledger Section, Department of Posts and Telegraphs, Findlater House, O'Connell Street, Dublin 1. Arrangements will then be made to have cheques accepted at the Post Office at which the service is required. Supplies of the form of guarantee should be obtained from the above section, whenever they are required.

FEES PAYABLE TO COMMISSIONERS FOR OATHS Superior Court Rule (No. 3) 1981, which came into operation on 31 March, 1981 provides for increase in the fees payable to Commissioners for Oaths. The Minister for Industry, Commerce and Tourism has, under Section 2 (2) (a) of the Prices (Amendment) Act, 1972, consented to the exercise by the rule-making authority (Superior Court Rules Committee) of their statutory powers to prescribe the fees in question, with which the Minister for Justice has concurred. The rule reads as follows:— THE RULES OF THE SUPERIOR COURTS (No. 3), 1981 In Appendix W, Part VII shall be deleted and the following substituted therefor: PART VII FEES PAYABLE TO COMMISSIONERS FOR OATHS 1. On taking an affidavit, affirmation or declaration £ 1.00 2. On marking exhibits therein referred to and required to be marked — for each exhibit £0.25 but not exceeding for all exhibits £3.75 3. On attesting the execution of a bond £1.00 These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 3), 1981.

Incorporated Law Society of Ireland

STARDUST ENQUIRY, BLACKHALL PLACE During the currency of the Enquiry, it is regretted that because of the demands on the available space, overnight accommodation cannot be provided for members. This facility will be reintroduced as soon as possible.

R. W. RADLEY M.Sc., C.Chcm., M.R.I.C. HANDWRITING AND DOCUMENT EXAMINER 220, Elgar Road, Reading, Berkshire, England. Telephone (0734) 81977

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