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Council as to whether he was entitled to make
an additional charge, and, if he was, whether it
was payable by the purchaser or whether it should
be treated in the same way as the certificate under
Section
(
of the Finance Act, 1928. The Council
adopted a report from a Committee stating that,
as regards the certificate under Section 6 o f the
Finance Act 1928, no charge should be made over
and above the scale fee, but that if the vendor’s
solicitor was required to undertake any additional
work such as the preparation ot income tax returns
•in order to obtain the certificate, the additional
costs so incurred were payable by the vendor.
In the opinion o f the Committee the practice in
regard to certificates o f discharge from death
duties is the same.
The remuneration for the
application of the certificate is included in the scale
fee, but if it is necessary to prepare Inland Revenue
Affidavits or Accounts the costs are payable by
the vendor or the party for whom the work is
done.
Land Registry. Cost o f voluntary transfers
A member asked for the opinion of the Council
as to the proper procedure to obtain a determina
tion of the capita] value o f registered land on a
voluntary transfer under L.R .R . 1937, Rule 245.
He pointed out that the artificial value under
Rules 245
(a)
and
(c)
is much less than the current
market value of land, which, in many cases, would
reduce the solicitor’s costs by obliging him to
accept the fixed charge appropriate to cases where
the value does not exceed £1,000 instead of charging
in detail for the work done where the value exceeds
£1,000.
The Secretary stated that he had ascer
tained from the Taxing Masters that an application
to them under Rule 245 (
b
) to have the capital
value assessed may be made
ad hoc
without applying
for the taxation o f the costs if the parties do not
require it, and that in the view of the Taxing Masters
the term capital value means current market value.
The Secretary was directed to reply informing the
member of the Taxing Masters’ view, and at the
same time stating that, in the opinion of the Council,
the practice is to accept the value on which stamp
duty is assessed without reference to the Taxing
Master, unless either the client or the solicitor
requires it.
PROGRAMME OF LECTURES
1 9 5 1—52
COURSE A.
Common Law (including Personal Property, Con
tracts and Torts), 42 lectures delivered as follows :—
Michaelmas Sittings— 12 ; Hilary Sittings—21 ’
Easter Sittings—9 ;
Minimum attendance for
credit is Michaelmas—9 ; Hilary— 16 ; Easter—7.
Lectures each Monday and Thursday at 2.15 o’clock,
save where otherwise notified.
COURSE B.
Equity and Real Property, 42 lectures delivered
as follows
Michaelmas Sittings— 12 ;
Hilary
Sittings—21 ; Easter Sittings—9 ; Minimum atten
dances for credit is Michaelmas—9 ; Hilary— 16 ;
Easter—7 ; Lectures each Tuesday and Friday at
2.15 o’clock, save where otherwise notified.
COURSE C.
Conveyancing (18 lectures, of which at least 14
must be attended) : General Practice of a solicitor’s
office (20 lectures o f which at least 15 must be
attended) and the rights, duties and responsibilities
o f solicitors (4 lectures o f which at least 3 must
be attended). Lectures will be delivered as follows :—
Michaelmas Sittings— 12 ; Hilary Sittings—21 ;
Easter Sittings—9; Lectures on Monday at 3-30 and
Wednesday at 2.15 o’clock; save where otherwise
notified.
For a selection o f recommended reading see the
published syllabus for the Intermediate and Final
Examinations.
The lecturer will not necessarily
undertake to cover the entire field in each subject
o f lecture out of any particular text book. He will
advise the class as to its reading and will assume
that each student will have read on the lines advised,
in advance of each lecture, on the subject matter
of the lecture. The aim of lectures will be to guide
students in their work and to illustrate, explain
and supplement their reading.
A written examination will be held at the end
o f each term’s lectures.
Courses B and C may be attended in the same
year, but Course A
must
be completed before
either Course B or C is commenced. An apprentice
who had on 1st October 1948 already attended
and obtained credit for the Society’s Junior and
Senior Lectures is eligible for Course C lectures
but is not obliged to attend them.
Every other
apprentice is obliged to take Courses A , B and C.
Enrolment fee for each Course—£5 5s. od.
PROCEEDINGS AGAINST
UNQUALIFIED PERSONS
LETTING AGREEMENT DRAWN BY
AUCTIONEER
In the case o f Plunkett
v.
O’Dwyer, in which
the Plaintiff was the Secretary o f The Incorporated
22