8 / 324
querists could inspect the original bill with the
deductions in the taxing masters' office.
Sale of registered land. Completion.
A MEMBER asked the opinion of the Council whether
a solicitor acting for the purchaser of registered land
from a vendor who resides out of the jurisdiction
is entitled to hold the purchase money until the
transfer deed has been registered in the Land
Registry. He thought that as the vendor resided
abroad the purchaser might be in a difficulty if any
technical hitch arose in connection with the regis–
tration and that it is never completely safe to part
with the purchase money in the case of a sale of
registered land until the purchaser is registered ?s
owner. On a report from a Committee the Council
expressed the opinion that the purchaser is not
entitled to delay completion of the sale in the
absence of an express stipulation to this effect in
the conditions or contract for sale.
Local Government Bill 1954.
Liability of
solicitors
to
local
authorities
for
negligence.
A COMMITTEE reported to the Council that represen–
tations had been made to the Minister for Local
Government on the subject of section 50 of the Bill
which as drafted provided that certain professional
persons acting for local authorities might be liable
to sur-charge by the Local Government auditor for
negligence in certifying for moneys payable by the
local authority without any finding of negligence
by a Court of Justice. Following these represen–
tations the Department had written to the Society
stating that the section is not intended to apply to
solicitors who normally do not certify for the pay–
ment of moneys in the course of their professional
duties.
Senator Cox subsequently had the Bill
amended in Seanad Eireann in such a way as to
give better protection to professional advisers.
»
Professional practice, conduct, and discipline
Regulations.
THE Council considered draft regulations submitted
by a Committee and referred them back for re–
consideration.
MAY
I2TH: The President in the Chair.
Also
present: Messrs. Desmond J. Mayne and John J.
Sheil, Vice-Presidents; William J. Norman, James
J. O'Connor, John R. Halpin, Francis J. Lanigan,
Joseph P. Tyrrell, Cornelius J. Daly, John J. Nash,
John B. Jermyn, Peter E. O'Connell, John Maher,
Reginald J. Nolan, George A. Nolan, George G.
Overend, Ralph J. Walker, Dermot P. Shaw, Arthur
Cox, Patrick F. O'Reilly, Niall S. Gaffney, Desmond
J. Collins, Henry St. J. Blake, Charles J. Downing,
Joseph Barrett, Sean O hUadhaigh.
The following was among the business transacted :
Land Registry. Solicitor's Lien.
A MEMBER held two original land certificates as
security for costs due by the personal representatives
of a deceased registered owner. Other solicitors
acted for a person who acquired title to the lands by
reason of an order under section 52 of the Regis–
tration of Title Act, 1891. When the owner under
section 52 applied for registration he was informed
that the land certificates had been issued in 1936
to another solicitor whose practice had been ac–
quired by purchase by member. The Council were
asked to decide on a submission to arbitration
between the parties whether member could retain
the land certificate in furtherance of his lien against
the present owner who had acquired title under
section 52.
Reference was made to sections 15,
67, 81, and 87 of the Registration of Title Act, 1891.
In the opinion of the Committee which considered
the matter and which was adopted by the Council
member would have to lodge the certificates subject
to his lien in the Land Registry if required to do so
in accordance with section 81 of the Registration
of Title Act, 1891.
Appearance
of
counsel
at
non-judicial
tribunals.
THE Secretary was directed to write to the Hon.
Secretary of the Bar Council stating the Council's
view that clients are unwilling to pay for two counsel
in many cases and that the result of any rule of the
Bar that senior counsel may not appear alone may
be that junior will be briefed alone or alternatively
that the business will be lost to both branches of
the profession.
ORDINARY GENERAL MEETING.
A GENERAL meeting of the Society was held in the
Society's Library on Thursday, izth May, 1955.
The President, Mr. Thomas A. O'Reilly, in the
Chair.
The following members of the Society
signed their names as being present: Desmond
Mayne, Vice-President, John J. Sheil, Vice-Pres–
ident; Joseph Barrett, Henry St. J. Blake, Patrick
R. Boyd, Desmond J. Collins, Senator Arthur Cox,
Cornelius J. Daly, Charles J. Downing, Niall S.
Gaffney, John R. Halpin, Francis J. Lanigan, John
Maher, John J. Nash, George A. Nolan, William
J. Norman, Peter E. O'Connell, James J. O'Connor,
Sean O hUadhaigh, Patrick F. O'Reilly, George