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solicitors should be guided in either giving such
undertakings to other solicitors or accepting under
takings
from
them :—
(1) An undertaking should not be lightly given,
and should be avoided if possible. Many cases
will, however, occur in which the giving of an under
taking is necessary in the client's interests.
(2) If it is necessary to give an undertaking it
will be deemed to be the personal undertaking of the
solicitor giving it unless the contrary be proved,
and the onus of proving the
contrary
shall lie on the
solicitor asserting it.
(3) In the opinion of the Council, a solicitor who
gives an undertaking on behalf of a client on which
he does not intend to accept personal responsibility
should express this intention clearly in the under
taking by appropriate words. The use of such
words as " on behalf of my client," or " on behalf
of the vendor," alone does not make this intention
sufficiently clear, and further or different words are
necessary if it is ntended to exclude personal lia
bility on the part of the solicitor.
(4) The foregoing does not purport to be a state
ment of the law upon the subject of solicitors' under
takings, or to regulate the relations between solicitors
and persons other than solicitors.
It is merely a
statement of the practice which, in the opinion of the
Council, should be adopted as a matter of pro
fessional etiquette among solicitors themselves, and
which the Council believe has been customary for
years. Apart
from
professional
etiquette,
the
question whether a solicitor's undertaking is legally
binding upon him depends upon the facts of the
particular case, and the application thereto of the
appropriate legal rules.
(5) The wilful breach by a solicitor of a written
professional undertaking would, in the opinion of
the Council, be sufficient ground for the institution
of proceedings before the Statutory Committee on
foot thereof.
The foregoing is published for the information
of members, and in order to prevent misunder
standings.
It seems to the Council to be quite
obvious that when a solicitor accepts an undertaking
from another solicitor he does so in the faith of that
solicitor's professional integrity, and that an under
taking which only binds another solicitor's client,
about whom he may know nothing, would in many
cases be valueless.
LAND REGISTRY
TRANSFERS ON SALE UNDER ORDERS
OF THE COURT
THE Land Registration Rules Committee with the
concurrence of the Minister for Justice have made
the following supplemental Rules which take effect
as from the ist February, 1949, viz :—
4. (i) Rule 71 of the 1937 Rules
is
hereby
rescinded, and the following Rule is hereby pre
scribed in lieu thereof :—
A transfer by a registered owner, or his personal
representative, in execution of a decree, judgment,
or order of a Court shall be accompanied by:—
(a)
An Office copy of the Order of the Court
directing the sale of the property of such
registered owner ;
(b) A
certificate of the Examiner of the High
Court, or (if the sale has been directed by
the Circuit Court) a Certificate of the County
Registrar,
certifying
the
result of his
enquiries as to the incumbrances on such
property ;
(c)
If such sale is in pursuance of an Order of
the Circuit Court, a further Certificate of
the County Registrar of such Court specify
ing the parties to the proceedings for sale,
and the persons served with notice of, and
bound by, such proceedings.
(2) On production in the Registry of the
documents mentioned in Clause (i) of this Rule,
and, in the case of a sale made in execution of a
decree of the Circuit Court, if the Certificate of the
County Registrar shows that the owners of all
charges, judgment mortgages and burdens appearing
in the Register as affecting the property comprised
in the transfer are parties to the proceedings, or
have been served with notice of such decree, the
Registrar may
cancel
such
charges,
judgment
mortgages and burdens in the Register of the pro
perty comprised in the Transfer.
(3) In default of production in the Registry
of the documents mentioned in Clause (i) of this
Rule, the transferees shall be registered as owner
subject to all the burdens and notices of burdens
appearing in the Register, except those for which
Releases or Consents to their cancellation by their
owners are produced.
NOTE : The effect of these new Rules is to obviate
the need for obtaining a specific Order from the
Court (as laid down in the case of Kidd v. O'Neill
(1931) I.R. 664) directing the cancellation of such
(if any) of the burdens and notices of burdens in
the Register as the property is to be discharged from
on the registration of a transferee under an Order
for Sale made by the Court.
Dated I4th day of January, 1949.
JOSEPH O'BYRNE,
Registrar.
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