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RULES OF THE SUPERIOR COURTS
(No. 1) 1967
Statutory Instrument No. 63 of 1967 which is
available from the Government Publications Sales
Office, G.P.O., Dublin 1, or through any bookseller,
price 6., contains amendments regarding the pro–
visions of the Rules of the Superior Courts for
the procedure in obtaining evidence for foreign
tribunals. The Rules also amend the provisions in
relation to the times when the offices of the Sup–
reme Court and High Court are open for public
business and delivery or amendment of pleadings
during the long vacation.
BANK AS EXECUTOR AND TRUSTEE
The National Bank of Ireland have indicated to
the Society that they propose circularising all
testators who have appointed the National Bank
Ltd. as executor or executor and trustee of a will.
In the circular the National Bank of Ireland
suggest the making of a codicil which they suggest
is
a simple matter and would not affect
the
bequests and gifts in the will but it must comply
with certain legal requirements. The bank suggest
that the testators consult their solicitors about
making codicils on constituting the National Bank
of Ireland Ltd. for the National Bank as executor
or executor and trustee.
The bank state in their circular as follows :
"If your will creates a trust involving land to
which section 45 of the Land Act, 1965, applies, a
problem may arise unless you make a codicil ap–
pointing the National Bank of Ireland Ltd. as
executor and trustee in place of the National Bank
Ltd. to which on the transfer of its Irish business
to the National Bank of Ireland Ltd. in 1966,
ceased to be a "qualified person" for the purposes
of the Land Act. This problem may nor arise if
the National Bank of Ireland Ltd., which is a
"qualified person" for the purposes of the Land
Act, if appointed trustee as well as executor in
place of the National Bank Ltd.
"The directors regret having to
trouble you
about this matter, and have instructed me
to
inform you that they will reimburse to you the
fees of your solicitor for preparing such a codicil.
Please arrange with your solicitor to send us in
course the codicil or copy of it for our records."
COMMISSIONERS OF CHARITABLE
DONATIONS AND BEQUESTS BOARD
MEETINGS
(Easter and Trinity Terms)
Tuesday, 27th June 1967
Tuesday, llth July 1967
Tuesday, 25th July 1967
J. S. MARTIN, Secretary.
PREPARATION OF LEASES BY LOCAL
AUTHORITY OFFICIALS
Section 32 of the Landlord and Tenant (Ground
Rents) Act, 1967,
terminates the common
law
liability of a lessee for payment of the lessor's
costs, notwithstanding any contractual stipulation
to the contrary. Local authorities selling property
to tenants by way of lease under the tenant pur–
chase scheme will no longer be entitled to make
the lessee pay the local authorities' costs. The
attention of the Council was drawn to a case in
which the county manager informed the law agent
that he proposed to have the lease drawn up in
the county council office from a precedent and to
hand the lease duly sealed on behalf of the local
authority to
the tenant without retaining any
solicitor to act for the local authority. The Coun–
cil having considered this matter took the view
that such action would involve a contravention
of Section 58 of the Solicitors Act, 1954, and
resolved that appropriate action be taken by the
Society on evidence that a local authority or its
official or employee has contravened the section.
LAND REGISTRY OFFICES
In the Bail on March 7th, 1966, Mr. Barrett
asked the Minister for Justice if he is aware that,
because local offices of the Land Registry as con–
stituted are mere transmitting agencies for the
Central Office, inconvenience, delay and expense
are caused to the public and to legal practitioners
by reason of the fact that neither registration of
documents of title can be effected at local regis–
tries nor can certificates of title to property, maps
of property or other important documents of title
be obtained
locally; and
if you will consider
taking steps to rectify the situation.
Mr. Lenihan in reply stated :
"I am not aware
that any inconvenience, dealy or expense is occas–
ioned by the manner in which the registration of
the title system is at present operated. The policy
of having a Central Office and local offices of the