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Regulation 21 of the Apprenticeship and Education
Regulations and Paragraph 4 of the Second Schedule
to the Solicitors' Act, 1954, for University law
lectures attended before entering into indentures,
provided that the Society are satisfied that there has
been no undue delay in entering into indentures
after completion of the lectures. Such lectures may
also be taken during the period of apprenticeship.
It was also decided that a new regulation will be
made to enable apprentices to obtain the remission
of one year in the term of apprenticeship under
paragraph 4 of the Second Schedule to the Act
by attending any lectures in legal subjects for two
collegiate years at the named Universities. The new
regulation is necessary to enable apprentices who
have attended lectures other than those mentioned
in regulation 21 before ist September, 1956, the
date when the regulations came into operation.
Legal Accountants Costs Association.
A Committe reported that a conference had been
held with members of the Association on the subject
of cost drawers' charges. The propriety of charging
commission on disbursements as well as profit
costs had been discussed. The representatives of
the Association were arranging to submit a draft
scale of charges to the Society for consideration.
Irish Land Commission.
IT was decided that representations should be made
to the Secretary of the Irish Land Commission
asking that a recent practice of refusing to permit
solicitors to inspect the appearance book kept in
the Registrar's office for the purpose of preparing
their costs should be changed.
Delays in Government Offices and Depart
ments.
IT was decided that the Secretary should write a
letter to the head of each Department asking for
information as to the normal time taken to complete
•specified classes of business where the-'papers are
.lodged by the solicitor in order. The information
received in reply to the letters will be considered by
the Council in due course.
Land Reclamation Act, 1949.
SECTION 2 of the Land Reclamation Act, 1949,
enables the Minister to carry out reclamation work
to a holding at the request of the occupier. On
acceptance of the proposal the Minister notifies
'the Land Commission of the cost of the work and
the Land Commission transmit the notification to
the Land Registry, or in the case of unregistered land
to the Registry of Deeds. The post of the work is
repaid on completion by means of an annuity. By
Section 3 if the occupier decides to pay his con
tribution by an annuity or if he makes default in
the payment of the capital under Section 2 (4)
(b)
the occupier's contribution is to be charged by the
Land Commission on the holding and shall be dis
charged by means of an annuity at 4 per cent. The
charge takes priority over all charges and incum-
brances except certain State charges and will be
consolidated with the land purchase annuity under
Section 3 (4). A member of the Society acted for the
purchaser of a farm who raised a loan from a bank.
Member gave an undertaking to the bank to hand
over the land certificate in due course free of in-
cumbrances and with equities discharged. Member
duly lodged the documents in the Land Registry
with the application to discharge equities and
received no further communication until the land
certificate was returned with the change of owner
ship registered and equities discharged and bearing
the following entry :— " The owner having accepted
the proposal of the Minister for Agriculture pursuant
to Section 2 (3) of the Land Reclamation Act, 1949,
all dealings for value by the registered owner with
the lands comprised in the folio are inhibited except
with the consent of the Minister." Member is
now in difficult position with the Bank as he is not
in a position to carry out his undertaking.
The Council read a letter of July iyth from the
Registrar of Titles, suggesting that solicitors acting
for a purchaser could get over the difficulty by
raising a requisition on title as to whether any
charge under Section 3 (2) of the Act is in evidence
or contemplation.
The reply to the/»--re"quisition
would disclose whether or not purchaser's solicitor
can safely give an undertaking on behalf of the
client.
(a)
The*Gpuncil were of opinion that the solution
suggested does not meet the case. (
In the
matter submitted to the Society the charge
•^c,v
was created by the purchaser himself without
"\V the solicitor's knowledge after the latter had
IliYen an undertaking to the Bank.
/
(b)
It was decided that an enquiry should be
sent to the Land Commission as to whether
the Minister's consent to a sale is necessary
where a charge is being created and if it is
necessary the appropriate procedure.
(f~)
The Minister will be asked to state whether
the lodgment of the Land Certificate with the
1X^w-—icBank as security for a loan is a dealing within
the meaning of the Act. A further statement
will be published in the Gazette in due course.
Circuit Court Rules Committee.
MR. Scan O'hUadhaigh was re-appointed as one of
the Society's representatives on the Committee.
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