The Gazette 1981

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