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critical factors in delays generally has been arrears in
the Mapping Branch. Plans for the reorganisation of
this branch have recently been completed and are
expected to be implemented in the near future. When
the reorganisation of the Mapping Branch has been
accomplished it is expected that there will be a consid-
erable improvement in the position in the Land Registry
and that the foundation will have been laid for the
provision of a greatly-improved public service. In the
meantime, special attention is being given to some cate-
gories of first registrations, including those in areas
where compulsory registration has been introduced and
also registrations of leasehold interests carved out of
registered land.
Yours faithfully,
Cathal Crowley.
REGISTRY OF DEEDS
The Secretary, Department of Justice,
72-76 St. Stephen's Green, Dublin 2.
20th June 1972
Dear Sir,
I am directed by the Council to refer to the Society's
letter dated Aril 25th and to enquire if any progress
has been made with the proposed legislation regarding
the Registry of Deeds. As you are no doubt aware the
law in Northern Ireland has been to a large extent
consolidated by the Registration of Deeds, (Northern
Ireland) Act, 1970 (1970 Ch. 25). The Council take the
view that there is an urgent requirement for similar
legislation here.
The Council will be obliged if you will bring to the
attention of the Minister the suggestion already made
that the procedure for registration of deeds should be
simplified by a standard form of document (not a
memorial as under the present practice) which might
be printed with the information required from the appli-
cant for registration and spaces for filling in the neces-
sary particulars—something in the nature of the form
required for obtaining the PD stamp at the present
time but on durable paper and of a suitable form for
binding.
The Council take the view that the narrative form of
memorial prescribed by the Statute of Anne is unneces-
sary under modern conditions. The only requirement
should be that the document would contain all the
necessary information and would be signed at the foot
by the appropriate party with an affidavit of execution
if necessary. The provisions which seem to be necessary
in such a standard document would be those in Schedule
1 to the Northern Ireland Act of 1970. It is unfortunate
in a case that under present staff shortage conditions
mistakes are frequently made in the setting out require-
ments of memorials in the Registry of Deeds and a
simple form which would require only the specified
signatures would be preferable.
The Council would be glad to be consulted on this
legislation before it takes final shape.
Yours faithfully,
Eric A. Plunkett (
Secretary).
VOLUNTARY TRANSFERS
The Secretary,
Incorporated Law Society.
Listowel, Co. Kerry.
16th June 1972.
Dear Sir,
I have been experiencing a gieat deal of difficulty
lately in agreeing to a reasonable figure with the Stamp
Duty and Valuation Offices in respect of the above
transactions. Not only is there difficulty in agreeing
upon a figure, but there is a delay of several months
regularly, particularly when the matter is referred from
the Stamps Branch of the Revehue Commissioners to
the Valuation Office and back again. I have one case
in mind in which the Stamps Branch fixed a valuation
of £9,000. Subsequently we furnished auctioneer's cer-
tificates to the effect that the place was only worth
£5,000. The matter was referred to the Valuation
office and now nine months later they have fixed a
value of £10,000 without ever having seen the place.
The amount of stamp duty involved in these transfers
is relatively small and cannot be a source of any great
income to the State.
It might be worth while to write to point out the
position. Possibly representations could be made to the
Minister for Finance in respect of these. If stamp duty
is going to continue in these father to son transactions,
then it should be fixed on an artificial value basis—
something equivalent to estate duty in cases at least
where the valuation is less than £50.
No doubt you have an appropriate commission to
whom you could refer this letter to see if the problem
could be tackled in any way as suggested above. If there
are any further particulars you require, I shall, of course,
be pleased to supply them.
In these days of high cost of administration, anything
that delays office matters for months and months should,
in my opinion, be one of serious concern to the pro-
fession.
Yours faithfully,
Robert Pierce.
SOLICITORS BENEVOLENT ASSOCIATION
The Editor,
Law Society Gazette.
15 St. Stephen's Green,
Dublin 2.
11th July 1972.
Dear Mr. Gavan Duffy,
On Mr. McGarron's elevation to the position of Direc-
tor of the Solicitors Benevolent Association I have been
appointed to succeed him as Secretary, and I have been
instructed to ask you to insert a notice to this effect in
the forthcoming issue of the
Gazette
and to state that
any communications regarding the Benevolent Associa-
tion should, in future, be sent to me as Hon. Secretary,
at 15 St. Stephen's Green, Dublin 2.
Yours sincerely,
(Miss) Thelma King.
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