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THE SOCIETY
Proceedings of the Council
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
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.
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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