227 / 244
question o f the drafting o f Memoranda and Articles
of Association o f Companies.
While the drafting o f Memoranda and Articles
o f Association by a member o f the Institute would
appear not to be an infringement o f the law, this
work is properly the function o f the legal profession
and should be so regarded by members o f the
Institute.
There is no objection to a member assisting his
clients in the formation o f Companies and advising
as to the content o f the Memorandum and Articles
o f Association. The extent o f this assistance and
advice will depend on the member’s knowledge of
the particular circumstances o f each case.”
It was decided that the Secretary should write
to the Institute o f Chartered Accountants saying
that the Council agree to the above draft circular
and thanking the Institute.
SOLICITORS’ REMUNERATION
GENERAL ORDER 19 5 1
Q
ueries
have been received from members about
the above mentioned general order which was
published in the February issue of the Society’s
G
azette
.
The following is a summary o f the
effect of the order.
1 . It does not affect the fees on sales or purchases
charged in the commission scale.
2. The item charges in detailed bills for letters,
attendances, drawing and approving documents and
other work included in schedule 2 Solicitors’
Remuneration General Order, 1884, are increased
by 55 per cent, over the prewar scale.
This increase
is in substitution for the increases permitted in
1947. Schedule 2 Solicitors’ Remuneration General
Order, 1884, covers all item charges other than
those in court proceedings and criminal matters.
For instance, the items dealing with the extraction
o f grants o f probate and letters o f administration
are covered by the rules o f the High Court. The
letters, attendances and other work in the administra
tion o f an estate outside Court after representation
has been raised are covered by the Solicitors’
Remuneration General Order, 1884-1951.
3. The last mentioned increase o f 55 per cent,
over prewar applies to charges under the old
system as modified by schedule 2 Solicitors’ Re
muneration General Order, 1884 (See page 470 o f
the 1951 Calendar).
The following is an example o f the effect of the
order on detailed charges : letter ; 1939, 5 /-; 1947,
5/—h2 5% = 6 3d .; i952, “>/—h 5 5% = 7 9d- : attend
ance, 1939, 10 / - ; 1947, 10/
—f-2J%= i2/6d .
; 1952,
10/—h
5
5
% = 1
5
/<
5
d.
4. The fee payable to the vendor’s solicitor in
respect of the Particulars Delivered Stamp is charge
able under the old system as modified by schedule 2.
This fee was
£ 1
10s. in 19 14 and was increased to
£2
5s. in 1920. It now becomes £3 9s. 9d. instead
o f
£2
16s. 3d. which has been allowed since 1947.
5. Rule 1 1 , part 1, schedule 1, Solicitors’ Re
muneration General Order, 1884, has been rescinded
with effect from 1st January, 1951. This means
that where land is taken under the exercise or
threatened exercise o f compulsory powers by the
State or other authorised bodies, the costs o f the
solicitors both for the vendors and purchasers will be
chargeable in accordance with the commission
scale and not item by item. Solicitors may still,
however, continue to charge itemised costs instead
o f the commission scale by serving the notice
mentioned in paragraph 6, Solicitors’ Remuneration
General Order, 1884 (See page 438 of the 1951
Calendar) before undertaking any business.
6. The scale o f charges for a lease at rack rent has
been altered. Formerly the charge in respect of
denominations o f
£100
not exceeding £95 was
the same. There was no difference between the
scale ( £ 1 1 5s.) on
£100
and £ 17 5 . In future the
fee will be calculated on the actual amount o f the
rent, e.g., the fee on a rent o f £175 will be £ 14 is. 3d.
instead o f
£ 11
5s. These changes will be shown
in the table B o f the Society’s Calendar for 1952.
7. On the construction of the relevant orders
it is not clear whether the above mentioned charges
apply to Land Registry costs. An amendment in
the Land Registry rules is being sought. For par
ticulars of the proposed amendments see the report
o f the meeting of the Council held on 13 th March,
1952, printed at page 76 o f this issue.
PROCEEDINGS AGAINST
SOLICITORS
P
ursuant
to an order by the Chief Justice the name
of Joseph L. Reilly who formerly practised at
Drogheda, Co. Louth has been struck off the roll
o f solicitors on a report from the Statutory Com
mittee finding him guilty o f professional misconduct.
INDEX OF STATUTORY
INSTRUMENTS
R
eceived
by the Society pursuant to the Statutory
Instruments Act, 1947. The last list was printed
in the Society’s Gazette for August, 1951.
AGRICULTURE, LANDS AND FISHERIES
S
ubject
M
atter
and
R
eferen ce
N
umber
Agricultural Wages (Female Workers)—-1/1952.
Fisheries (Delegation of Ministerial
Powers to Parliamentary
Secretary')—292/195
t
.
77