26 / 144
Land Registry Practice.
THE Secretary reported that he had interviewed
the Registrar of Titles with reference to the re
quirement in the Registrar's memorandum recently
circulated to the profession that evidence of the
P.L.V. of lands must be lodged in connection with
applications for first registration, transfers (except
on sale), and applications for cancellation of the
note as to equities or of qualified or possessory
title, and that the Registrar had informed him
that, the rates demand note will be accepted as
sufficient evidence in lieu of the certificate of
valuation where it shows the P.L.V. of the prop
erty concerned.
The Secretary also reported that he had been
informed by the Registrar of Titles that the note
in the memorandum recently circulated to solici
tors concerning the lodgment of documents in
the central office instead of with the local Regis
trars is not mandatory and that solicitors are free
to adopt whichever course they find most con
venient.
Land Registration Fee Order, 1944.
THE Council considered the report of a deputation
which obtained an interview with the Minister for
Justice since the Council last met on the subject of
the above Order. The deputation reported that the
Minister had requested them to submit a memor
andum, and that the memorandum had been
prepared. The Meeting also considered a request
from the Co. Louth Sessional Bar Association that
a special general meeting of the Society should be
summoned to press for the revocation of the Order.
It was decided that failing a satisfactory reply
from the Department to the Society's memoran
dum a special general meeting should be sum
moned.
SEANAD ELECTION.
As reported in the June issue of the
Gazette,
the
Council nominated the President, Mr. L. E. O'Dea
and Mr. Arthur Cox one of the Vice-Presidents
to the Cultural and Educational Panel for the
Seanad Election. On the result of the poll the
President was declared elected to the Seanad. The
last previous nominee of the Council who was
elected to the Seanad was the late Mr. T. W.
Delany who was elected in 1938 and the success
of the President at the recent election will give
general satisfaction to the profession.
MR. JOHN S. O'CONNOR, T.D.
THE Council at a recent meeting passed a vote oi'
congratulation with Mr. O'Cormor on his election
as a member of Bail Eireann. The President
stated that it was particularly fortunate that the
Council should be represented in the Dail in view
of the expected introduction of the Solicitors Bill.
Mr. O'Connor was a Vice-President of the Society
for the year 1942-43 and is at present a member
of the Council.
REGISTRATION OF LEASES IN
REGISTRY OF DEEDS.
THE Council recently received representations
from a member of the Society concerning a differ
ence of practice prevailing in the profession as to
the right to prepare the memorial and register a
lease as between the solicitor for a lessor and the
solicitor for a lessee. It was pointed out that
although it is undoubtedly the right of the lessee's
solicitor to register the lease if he wishes to do so
a fairly widespread practice has grown up whereby
the lessor's solicitor performs this work. This
practice is not universal and differences of opinion
often arise as to the proper course to be followed.
The Council, after considering the opinions Nos.
38 and 39 printed in the current Calendar of the
Society, saw no reason to depart from
thc.scopinions. The position, in the opinion of the
Council is therefore as follows :—
(«) In the absence of any agreement to the
contrary it is the right of the solicitor for a
lessee, should he so desire, to prepare the
memorial and register the lease at the
expense of his client.
(b)
When the memorial for registering a lease is
prepared by the solicitor for a lessee and the
lessor is required to execute it the solicitor
for the lessor is entitled to be paid by the
lessee the costs of approving of and obtain
ing the execution of the memorial under
Schedule 2 in addition to all other charges
to which he may be entitled.
The Council also expressed the opinion that as
a matter of practice and usage when a surrender of
a lease is incorporated in a new lease of the same
property the solicitor acting for the lessee should
be allowed to register the deed if he wishes to do
so as the lessee is the party having the larger
interest therein.
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