The Gazette 1971

THE SOCIETY Proceedings of the Council

hold title deeds of certain property in trust for the bank subject only to his own claim for costs. The bank in reply asked him to sign an unconditional undertaking. The Council suggested that in circumstances such as this where the bank provides a standard form of under- taking it should be amended to provide for the deduc- tion by the solicitor of his costs and outlay. Landlord's Costs on Purchase of Ground Rents A member stated that in many cases in which he had acted for the lessor and the usual notice under the Landlord and Tenant (Ground Rents) Act, 1967, had been served and copy documents of title furnished, the lessee had decided not to proceed, and, in these cases, the costs in respect of furnishing title had never been paid. In many other cases, the lessee through his solici- tor declined to discharge the costs in respect of furnish- ing title until such time as the matter is completed which may not happen for many years. The Council were asked whether the solicitor is entitled to insist on having his costs discharged upon supplying the documents of title. In the Council's view the solicitor for the lessor has no legal right to demand his costs until the matter is completed or a notice of discontinu- ance served. There is no objection, however, to him requesting the payment of proper scrivenery fees and search fees at the time at which copy documents of title are furnished and the Council suggest that where such a request is made the solicitor for the lesses should endeavour to have the fees discharged.

15th July 1971: The President in the chair, also present, Messrs Walter Beatty, Bruce St. J. Blake, John Carri- gan, Anthony E. Collins, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Gerald Hickey, Christo- pher Hogan, Thomas Jackson, John B. Jermyn, Francis J. Lanigan, Patrick McEntee, John Maher, Gerald J. Moloney, Patrick C. Moore, Desmond Moran, Senator John J. Nash, George A. Nolan, Patrick Noonan, Rory O'Connor, Thomas V. O'Connor, Patrick O'Donnell, James W. O'Donovan, William A. Osborne, David R. Pigot, Peter D. M. Prentice, Mrs. Moya Quinlan, Robert McD. Taylor and Ralph J. Walker. The following was among the business transacted. Increase in Solicitors' Remuneration It was reported to the Council that the Superior Courts Rules Committee and the Circuit Court Rules Committee had approved an increase of 42 per cent on existing charges and the appropriate orders had been drafted for submission to the Minister. The Statu- tory Body under the Solicitors' Remuneration Act, 1881, had indicated its agreement in principle and it is expected that an order would be made under that Act increasing schedule 2, items 2 to 20, by 42 per cent. An application before the Land Registration Rules Committee for an increase in the charges under Rule 236 (1) (i) which deals with transfers otherwise than on sale and also seeking a change in the basis on which the fee is assessed from fifty times poor law valuation to market value is still pending. Courts Bill, 1971 The Council considered the provisions of the Bill and welcomed in particular Section 21 authorising the ser- vice of Superior Court documents by registered pre- paid post to the residence or place of business of the person to be served or the place of business of his solicitor. The Secretary was directed to write to the Department of Justice suggesting that the provisions of the Bill increasing the jurisdiction of the Circuit and District Courts should not come into operation until such time as new rules of Court dealing with procedure and costs have been prepared. The Council also wel- comed the provisions of the Bill allowing solicitors a right of audience in all Courts and directed the Secre- tary to inform the Department of Justice that in the view of the Council solictors should also be eligible for appointment to the Bench in all Courts. Liability for Estate Duty on Marriage Gifts The Council considered a report from the Public Relations and Services Committee on Budget Resolution No. 7 which subject to certain limitations as to amount removes the exemption from estate duty previously enjoyed by gifts in consideration of marriage. The Council had also authorised the release of a press state- ment disapproving of the resolution and its circulation to the national and provincial press. Solicitor's Right to Costs A member had written to a bank undertaking to

ASSISTANT SOLICITOR

Due to Increased business the ACC requires the ser- vices of a Solicitor to assist the Law Agent. Applicants should be experienced conveyancers and have a sound

general legal knowledge. Age limits 28 to 33 years.

SALARY SCALE £2,500 TO £3,750

It is envisaged that the appointment may be made above the figure of £2,500 where the applicant is specially suited on the grounds of age and experience. Apply in writing to:

D. F. JONES, SOLICITOR, A.C.C. LIMITED, HARCOURT STREET, DUBLIN, 2.

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