The Gazette 1961

Land Commission

During the year a sub-committee consisting of

Mr. John Halpin, Mr. Dermot P. Shaw, Mr. E. J.

Montgomery and Mr. Denis R. Peart spent con

siderable time on the question of land commission

procedure and in particular the procedure relating

to the completion of sales and submission of title

in land commission matters.

Some of the more important matters now being

considered include :—

(1) The Statement of Ownership and Abstract of

Title to be replaced by an Affidavit of Title

accompanied by the Title Deeds.

(2) The issue of Requisitions on Title by the ex

aminer and the dispensing with the require

ments for personal attendance by the Solicitor

save in special cases.

(3) The necessary searches and Requisitions as to

tithe rents, quit Rents etc., to be made on

direction of the examiner by land commission

officials without

the

intervention of the

solicitor.

(4) The production of a simplified system of

arriving at the appropriate costs payable and

preferably one not requiring taxation.

A satisfactory conclusion of arrangements with the

Land Commission should simplify and expedite the

work both of the solicitor and the Land Commission

and we now await the Minister's decision upon the

proposals before him.

Rules of the High and Supreme Courts

You are probably aware that for some years past

the Superior Court Rules Committee has been

dealing with the entire Revision of Rules of the

High Court and the Supreme Court. An impossible

task for a large committee and so the completion of

this tremendous work was placed in the hands of

a sub-committee under the chairmanship of Mr.

Justice Murnaghan.

The work of revision has now been completed

and the draft Rules are with the printers. But for

the intervention again of the General Election these

Rules would have, by now, come before the full

committee in their final form for approval and

submission to the Minister. I now understand that

it is unlikely that the Rules will be finally approved

before the New Year and it is probable that they

will not come into operation until after the long

vacation in order to give an opportunity to both

branches of the profession and the court officials who

will have to operate the Rules of making themselves

familiar with any changes arising therein.

Considerable time has been spent on the rules

relating to costs with a view to cutting down the

number of items, simplifying the wording and thus

enabling a bill in the future to be not only very

much easier to prepare but very much shorter. The

actual schedules have all been revised and will I hope

appear in a form more agreeable to our members.

While I am quite sure no member of the com

mittee would for a moment suggest that these rules

will, when published, be perfect in every respect,

they are in my view a tremendous step in the right

direction and any small matters requiring adjustment

can be easily and quickly dealt with by way of

amendment under the ordinary power vested in the

committee.

I have no hesitation in saying that without the

work done on these rules by Mr. Justice Murnaghan,

and his sub-committee, and no one will ever know

the hours and days at a time they have spent on the

work, it would not now be so near to completion.

In many other directions progress has also been

made while in some discussions are still progressing.

In some cases our problem could be resolved by the

provision of one or two photo copying machines as

in the Land Registry where, incredible as it may

seem, the Registrar has to share a machine with

other departments of the courts and send all his

work out of the building to be copied.

In other cases it will require legislation to effect

the changes we require and I am now thinking of

the Registry of Deeds where we have the sympathetic

understanding of the Registrar and his officials who

would be only too glad to see some much needed

changes take place. We would like for example to

simplify the form of the memorial, which we suggest

could be typed on special paper other than parch

ment. We would like to simplify the system of

searches, standardise the fees payable and arrange for

lodgment of prepaid requisitions by post,

the

search being sent out when ready. These and other

matters are being considered with the full co

operation and support not only of the officials as

I have said but of the Minister for Justice.

Pension Annuity Scheme

As members are aware the Society made represen

tations to the Minister of Finance with the object of

improving the terms on which self employed persons

could provide for their retirement.

Two very

worthwhile improvements in the position were made

by Part 6 of the Finance Act, 1958.

Firstly, the concession granted to certain life

assurance companies by which contributions made

to their annuity funds can be accumulated free of

tax which has had the effect of enabling the life

offices concerned to quote improved annuity rates,

and secondly,

the concession permitting a self,

employed person to set off within prescribed limits