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lease bound to furnish copy map and at whose
expense ?
In the opinion of the Council, (i) the
purchaser's solicitor is entitled to a certified copy
of the map ;
(2) Assuming that it can be proved
that the solicitor who certified the copy lease omitted
to attach a copy map he is now bound to furnish it
at his own expense.
Apprentices' Applications
A number of applications from apprentices were
considered and dealt with.
Applications under Section 47
Two applications by solicitors for liberty to take
out practising certificates were considered and
granted.
OCTOBER 23rd. The President in the chair :
Also
present: Messrs. William L. Duggan and John J.
Bolger, Vice-Presidents; Messrs. W. S. Hayes,
H. P. Mayne, J. R. Quirke, J. J. Lynch, W. J.
Norman, N. S. Gaffney, J. Barrett, R. J. Nolan,
G. A. Overend, J. B. Hamill, T. A. O'Reilly, P. F.
O'Reilly, P. R. Boyd, D. O'Connell, J. P. Tyrrell,
S. O hUadhaigh, L. E. O'Dea, Roger Greene,
Dermot P. Shaw, Arthur Cox.
The following was among the business transacted :
Costs under the Labourers Acts
IT was ordered that the Secretary should write to
the Minister for Local Government requesting that
the scale of costs under the Labourers Acts in
connection with improvement schemes should be
increased by 33^ per cent, on the scale at present in
force.
Open Contract—Discharge of Equities
STATEMENT of facts for the opinion of the Council.
A. entered into an open contract to sell his interest
in a farm of land to B. A. was registered as owner
subject to equities. The equities could not be
discharged except under Rules 37 and 38 of the
Land Registration Rules 1937. A's solicitor fur–
nished particulars of the title prior to registration
which he claimed was sufficient to enable eCj^.:2S
to be discharged. B's solicitor claimed that as
the property was bought under an open contract
the vendor must discharge equities prior to the
completion of the sale. A. claimed that he is bound
only to furnish sufficient particulars to enable the
purchaser to discharge equities. Both parties agreed
to accept the decision of the Council.
In the opinion
of the Council, the purchaser under the open con–
tract having agreed to buy the vendor's interest in
the property is entitled to receive sufficient title to
enable the equities to be discharged but he must
discharge the equities himself, at his own expense.
Search Fees
THE Council decided that in a case where a former
client of a solicitor requested him to hand over
original documents of title which had been in the
solicitor's office for twenty years and in respect of
which there was no lien for costs, the solicitor was
obliged to deliver the documents without any search
fee, in accordance with Opinion 90 of the Council.
The Council also considered a query from a
member as to whether a search fee could be charged
where a client requires the delivery of documents of
title or other valuable documents within Opinion
90, paragraph (i) which were held by the solicitor,
together with other documents within Opinion 90,
paragraph (2).
The Council was of opinion that
as the demand from the client was in respect of
the valuable documents coming within Opinion 90,
paragraph (i) he was entitled to receive same without
payment of any search fee whether or not they were
mixed with other documents falling within Opinion
90, paragraph (2).
Applications under Sections 16 and 18
ONE application under Section 16 was considered
and granted.
An application from
the same person under
Section 18 for total exemption from the Preliminary
Examination was considered and it was ordered that
it should not be opposed.
Applications under Section 47
Two applications under Section 47 were considered
and granted on payment of two years' licence duty
in both cases.
FINANCIAL (No. 2) BILL, 1947
SECTION 13 (as
introduced)
Stamp Duties
13
(i) The stamp duties chargeable on con–
veyances or
transfers of lands,
tenements and
hereditaments under the heading " Conveyance or
transfer on sale of any property" in the First
Schedule to the Stamp Act, 1891, as amended by
subsequent enactments, shall, on and after the ist
day of December, 1947, be at the rate of two pounds
ten shillings for every fifty pounds or fractional part
of fifty pounds of the amount or value of the con–
sideration in lieu of the rates immediately theretofore
chargeable.
(2) Subsection (i) of this section shall not apply
(a)
in the case of a conveyance or transfer by a
local authority under the provisions of the
Housing of the Working Classes Acts,