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Registry of Deeds
There was a discussion on
(a)
a proposal that deeds
with memorials for registration might be lodged by
post;
(£) the form of memorial;
(V) negative and
common searches. As regards
(a)
it was decided that
unless the Department of Justice would agree to
introduce legislation that solicitors should have the
option to lodge deeds and memorials for registration
either manually as at present or to use the postal
service no change should be sought in the present
system ofmanual delivery. As regards (£) the Council
direct that the discussions with the Parliamentary
Secretary should proceed with proposals for (i) the
abolition of parchment and the substitution of paper
of standard quality and size for memorials, (ii) the
ise of typescript or manuscript at the option of the
party, (iii) the abolition of the affidavit of attesting
witness, (iv) the substitution of a standard form with
columns or sections
for
the present narrative
memorial. As regards
(c)
it was decided to continue
the discussions with the Department on the following
line, (i) there should be only one kind of search in
substitution of the present negative and common
searches, (ii) the official search should include a
Government guarantee against mistake by officials,
(iii) the requisition for a search should be lodged by
post or by hand at the option of the party, (iv) there
should be a standard fee on an application for a
search by an adhesive revenue stamp based on the
number of years covered and the number of names,
(v) searches should be returned by post or taken up
manually. If the party wishes to keep the search open
so that the conveyance to the purchaser will appear
thereon it should be possible to close the search either
by post or by personal attendance, (vi) existing
facilities for unofficial hand searches should be
continued.
Weekend meeting 1963
It was decided to make inquiries with a view to
holding the next weekend meeting in Co. Donegal.
Registry of Deeds hand search. Incidence of
costs
On a report from a committee, the Council stated
that if a contract for sale provides for Registry of
Deeds searches by the vendor and the vendor
cannot furnish the searches on the date appointed for
completion, the vendor should pay for the substitute
hand searches if the sale is closed by agreement before
the official searches are ready.
District Court. Service of processes
The Council considered a report from a committee
on difficulties experienced by practitioners in having
service of processes effected particularly under the
default procedure. It was decided to make representa–
tion to the District Court Rules Committee suggesting
that if it is impossible to secure the services of
suitable persons as process servers rules should be
made to enable documents to be served by registered
post without any special order of the Court in all
civil proceedings except in the case of a summons for
committal under the Enforcement of Court Orders
Acts. The rule should provide that ordinary default
civil bills should be served in the same manner as
ordinary civil bills. If the suggestions of the society
are adopted the District Justice will have power to
make an order for service by registered post of an
examination order under the Enforcement of Court
Orders Acts.
Solicitors appearing on television
Having regard to the pending introduction of
television it was decided to publish a statement for
the guidance of members on
the professional
position. Inquiries are being addressed to other Law
Societies, the Bar Council and the Irish Medical
Association and a further statement will be published
in due course.
EXAMINATION DATES
First law, September 4th and 5th;
second law,
September 4th and 5th;
third law, September 6th,
yth and 8th;
Book-keeping, September
I4th;
Preliminary, September 5th and 6th;
First Ir'sh,
September i5th; Second Irish, September i5th and
16th.
PROCEEDINGS AGAINST UNQUALI–
FIED PERSONS. MEMORANDUM AND
ARTICLES
OF
ASSOCIATION
OF
COMPANY
On July zyth in the Dublin Metropolitan District
Court a chartered accountant was convicted and
fined a sum of £5 with £50 costs in proceedings
instituted by the Society.
It was proved that the
accountant had prepared the memorandum and
articles of association of a limited company for or in
expectation of fee or reward. The Justice held that
the articles of association is a document relating to
personal estate within the meaning of section 58 of
the Solicitors Act 1954 and that it does not fall
within the exceptions mentioned in the section. The
Justice fixed recognisances in the event of an appeal.
Messrs. Seamus Henchy, s.c., and Scan Gannon5
B.L., (instructed by Mr. E. A. Plunkett) appeared.for
the Society. Mr. Seamus Heavey, s.c. and Mr
William Twomey, B.L.
(instructed by Messrs