The Gazette 1976

G A Z E T T E

N O V E M B E R 1976

THE DUBL IN SOLICITORS' BAR ASSOCIATION

5. Agreement as to a standard form of Architects' Certificate of Compliance with Planning Permissions which would be acceptable throughout the profession and in particular, to solicitors acting for lending agencies. 6. Representations to the Department of Justice and to the appropriate local authorities with regard to the improvement of the procedure relating to Malicious Injury Applications. The appropriate Sub-Committees will report in due course. MEMORANDUM RE CONTENTIOUS PROBATE PROCEEDINGS IN THE CIRCUIT COURT Having regard to the provisions of the Courts (Supplemental Provisions) Act 1961 and the Succession Act 1965 the requirement contained in Order 34 Rule 12 of the Circuit Court Rules of 1950 that a certified copy of the affidavit as to jurisdiction, required to be lodged in the Principal or District Probate Registry be lodged in the Circuit Court in a contentious probate proceedings, does not any longer apply- The practice therefore which heretofore was followed of lodging such an affidavit in the Principal or District Probate Registry and obtaining from the Registrar a Certificate to be transmitted to the Circuit Court has been discontinued. Proof of the jurisdiction of the Circuit Court to hear such contentious proceedings will, as in any other type of action, be a matter for evidence in the Circuit Court itself. T. A. Finlay President of the High Court {Continued from overleaf) mentation furnished or otherwise to give them cause for believing that the evidence furnished was not ac- curate. The Certificate of compliance with building covenant having been signed and dated a month after a house was supposed to have been roofed is an ex- ample of the sort of case that would be regarded with suspicion. The second type of case is that of old leases which for one reason or another were not adjudicated. In these cases it is obvious that the evidence mentioned above for current cases simply will not be available. At the time most of these leases were granted, evidence was available from the Local Authorities as to the dates of inspection of the houses at foundation level, wall plate level, roof level and completion. These records are no longer available. Most of these old cases are ones that could easily have been adjudicated at the time. The Revenue Commissioners have indicated that they will take a reasonable view of old cases from the point of view of the evidence of the stage of completion at the date of the agreements and the date of com- pletion of the mortgages on the new house. The other is, where the person seeking to adjudicate the Lease is himself the original purchaser and can furnish a de- tailed declaration verifying the stage of construction at the date of signing of the Contract. In such a case of course such a declaration would not be any use if for example the property had been mortgaged say 3 weeks after the date of the Building Agreement and Agree- ment for Lease.

At the Annual General Meeting of the Association, held at Solicitors' Building, Four Courts, Dublin on Monday the 25th October 1976, the following Council

was elected for the ensuing year: President: John P. A. Hooper. Vice-President: Thomas Jackson. Hon.-Secretary: Andrew F. Smyth. Hon.-Treasurer: Mrs. Maeve Breen.

Hon.-Auditors: Patrick Glynn and Peter Maher. Other members of the Council: John F. Buckley. Stephen Maher, Vivian Matthews, Charles Meredith. Rory O'Donnell, Colm Price, Laurence Shields, Mrs. Moya Quinlan and Miss Mary Cantrell. Although the business of the Annual General Meet- ing tends, necessarily, to be of a formal character, a number of matters of interest to the profession were discussed, including difficulties which members were experiencing with the City and County Sheriffs; delays in the Registry of Deeds, and legal aid. Stephen Maher was instrumental in suggesting that the Association should initiate during the coming year a series of regular Meetings of an educational nature and it was agreed that this proposal should be implem- ented. The Annual Dinner was also discussed and, on a show of hands, it was resolved that the date of the Dinner should be changed from December to February. The next Annual Dinner will be held in February 1977, at a place and time yet to be decided. DUBLIN SOLICITORS' BAR ASSOCIATION At the monthly Council Meeting of the Association held on Wednesday, 3rd November, 1976, the following Sub-Committees were appointed for the year 1976/77 : (a) Court Practice and Procedure: D- R. Pigot (Con- venor); Vivian Matthews; Rory O'Connor. (b) Landlord and Tenant and Conveyancing: Rory O'Donnell (Convenor); John F. Buckley; Colm Price; Charles Meredith; Steven Maher. (c) Family Law: Laurence Shields (Convenor); Mrs. Maeve Breen; Mrs. Moya Quinlan; Miss Thelma King. (d) F.L.A.C. Liaison Officers: Thomas Jackson; John F. Buckley; Gerard M. Doyle. (e) Publicity: Charles Meredith (Convenor); David Pigot; Steven Maher; Laurence Shields. (f) Activities Committee: Miss Mary Cantrell; Steven Maher. (g)Dinner Sub-Committee: Thomas Jackson; David R. Pigot; John F. Buckley; Laurence Shields; Mrs. Maeve Breen. (h) Nominees to Incorporated Law Society: Thomas Jackson; Rory O'Donnell; Andrew F- Smyth. Various matters were discussed, which are the subject of investigation or attention from appropriate Sub- Committees, including the following : 1. Representations to improve the service given by the Dublin City and Dublin County Sheriffs' offices. 2. The possibility of the re-publication of the Garda Siochana Guide- 3. Representations being made to Mr. Michael Neary, County Registrar, in relation to the improvement of the performance of the Dun Laoghaire, Civil Bill Officer. 4. Representations to the Department of Justice and to the Registrar of Deeds, Henrietta Street, with a view to improving the present service in the Registry of Deeds which has been deteriorating in recent years through lack of staff.

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