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solicitors should be guided in either giving such

undertakings to other solicitors or accepting under

takings

from

them :—

(1) An undertaking should not be lightly given,

and should be avoided if possible. Many cases

will, however, occur in which the giving of an under

taking is necessary in the client's interests.

(2) If it is necessary to give an undertaking it

will be deemed to be the personal undertaking of the

solicitor giving it unless the contrary be proved,

and the onus of proving the

contrary

shall lie on the

solicitor asserting it.

(3) In the opinion of the Council, a solicitor who

gives an undertaking on behalf of a client on which

he does not intend to accept personal responsibility

should express this intention clearly in the under

taking by appropriate words. The use of such

words as " on behalf of my client," or " on behalf

of the vendor," alone does not make this intention

sufficiently clear, and further or different words are

necessary if it is ntended to exclude personal lia

bility on the part of the solicitor.

(4) The foregoing does not purport to be a state

ment of the law upon the subject of solicitors' under

takings, or to regulate the relations between solicitors

and persons other than solicitors.

It is merely a

statement of the practice which, in the opinion of the

Council, should be adopted as a matter of pro

fessional etiquette among solicitors themselves, and

which the Council believe has been customary for

years. Apart

from

professional

etiquette,

the

question whether a solicitor's undertaking is legally

binding upon him depends upon the facts of the

particular case, and the application thereto of the

appropriate legal rules.

(5) The wilful breach by a solicitor of a written

professional undertaking would, in the opinion of

the Council, be sufficient ground for the institution

of proceedings before the Statutory Committee on

foot thereof.

The foregoing is published for the information

of members, and in order to prevent misunder

standings.

It seems to the Council to be quite

obvious that when a solicitor accepts an undertaking

from another solicitor he does so in the faith of that

solicitor's professional integrity, and that an under

taking which only binds another solicitor's client,

about whom he may know nothing, would in many

cases be valueless.

LAND REGISTRY

TRANSFERS ON SALE UNDER ORDERS

OF THE COURT

THE Land Registration Rules Committee with the

concurrence of the Minister for Justice have made

the following supplemental Rules which take effect

as from the ist February, 1949, viz :—

4. (i) Rule 71 of the 1937 Rules

is

hereby

rescinded, and the following Rule is hereby pre

scribed in lieu thereof :—

A transfer by a registered owner, or his personal

representative, in execution of a decree, judgment,

or order of a Court shall be accompanied by:—

(a)

An Office copy of the Order of the Court

directing the sale of the property of such

registered owner ;

(b) A

certificate of the Examiner of the High

Court, or (if the sale has been directed by

the Circuit Court) a Certificate of the County

Registrar,

certifying

the

result of his

enquiries as to the incumbrances on such

property ;

(c)

If such sale is in pursuance of an Order of

the Circuit Court, a further Certificate of

the County Registrar of such Court specify

ing the parties to the proceedings for sale,

and the persons served with notice of, and

bound by, such proceedings.

(2) On production in the Registry of the

documents mentioned in Clause (i) of this Rule,

and, in the case of a sale made in execution of a

decree of the Circuit Court, if the Certificate of the

County Registrar shows that the owners of all

charges, judgment mortgages and burdens appearing

in the Register as affecting the property comprised

in the transfer are parties to the proceedings, or

have been served with notice of such decree, the

Registrar may

cancel

such

charges,

judgment

mortgages and burdens in the Register of the pro

perty comprised in the Transfer.

(3) In default of production in the Registry

of the documents mentioned in Clause (i) of this

Rule, the transferees shall be registered as owner

subject to all the burdens and notices of burdens

appearing in the Register, except those for which

Releases or Consents to their cancellation by their

owners are produced.

NOTE : The effect of these new Rules is to obviate

the need for obtaining a specific Order from the

Court (as laid down in the case of Kidd v. O'Neill

(1931) I.R. 664) directing the cancellation of such

(if any) of the burdens and notices of burdens in

the Register as the property is to be discharged from

on the registration of a transferee under an Order

for Sale made by the Court.

Dated I4th day of January, 1949.

JOSEPH O'BYRNE,

Registrar.

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