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Increased Solicitors' remuneration

THE President reported that by the Land Registra–

tion Rules 1947 an increase of 25 per cent, was

authorised in respect of business transacted after

3ist March, 1947, under the Land Registration Rules

1937 to 1946. The new rules were printed in the

March number of the Gazette.

He also reported that the discussions with the

Committee under the Solicitors' Remuneration Act

1881 for an increase in the costs prescribed by the

General Order of 1884 were proceeding.

Applications under Section 47

Two applications from solicitors for leave to take

out their practising certificates were considered and

granted on payment of the current duty.

Delays

in the Land Registry

THE Secretary reported that he had received letters

from a number of solicitors complaining of great

delay in the transaction of business in the Land

Registry. He stated that he had discussed

the

matter with the Registrar of Titles and was satisfied

that the delay is due entirely to shortage of staff.

It was ordered that steps should be taken to have a

question asked in Dail Eireann with a view to

drawing attention to the necessity for the provision

of adequate staff in the Land Registry.

EMERGENCY POWERS (NO. 378)

ORDER, 1946

THE attention of the profession is drawn to the

above Order which is made under the Emergency

Powers Acts 1939-45 revoking the following articles

of the Emergency Powers Order 1939 : 12, 16,

28, 29, 37, 39, 46 (part), 50, 70, 78, 86, 87, 90. The

provisions of these articles related to the following

matters : Sabotage ; obstruction ;

safeguarding ;

power to obtain information; photography, etc.

power to work on and entry and inspection of land ;

control of lights and sounds ;

causing disaffection ;

licensing of roads and vehicles ;

recovery of ex–

penses ;

entrusting of functions to Statutory Cor–

porations ;

legal proceedings.

COMPLETION OF SALES WITH

UNGUARANTEED CHEQUES

THE Council deem it advisable to publish for the

guidance of the profession their opinion as to the

practice which should be adopted in paying over

the balances of purchase moneys .on the completion

of sales.

The law as stated in the standard text

books is that the vendor is bound to accept legal

tender. He is entitled to refuse to accept a bank

draft or a cheque, whether or not it is guaranteed

by a bank.

It has, however, been the custom for

very many years of the profession in Ireland to hand

over the title deeds in exchange for a Bank draft

or a cheque guaranteed by a bank for the amount of

the purchase money.

It has also been the general

practice of solicitors acting for vendors to refuse to

accept cheques for the balance of purchase moneys,

whether signed bypurchasers or their solicitors, unless

so guaranteed. The Council strongly recommend

that this should be adopted as a uniform practice.

In their opinion unguaranteed cheques for

the

balance of purchase moneys, whether signed by

the purchasers or their solicitors, should neither be

offered nor accepted. To offer an unguaranteed

cheque to another solicitor may place him in a

position of embarrassment, and it would be in the

interests of the profession as a whole that a uniform

practice should be observed throughout the country.

REMUNERATION OF SOLICITORS

TO PUBLIC ASSISTANCE

BOARD

IN the High Court on July 26, Overend, J, made a

declaration that Martin A. Harvey, Solicitor, had

been employed by South Cork Board of Public

Assistance as their solicitor on a taxed-costs basis

since October, 1942.

The Plaintiff's case was that

on 28th February, 1938

he was appointed per–

manent solicitor to the Board

" on

taxed-costs

basis, subject to the Minister's sanction, the Board's

liability for this legal work not to exceed .£250."

The Minister's sanction, dated ijth March, 1938.

read : " If the proposal is to employ Mr. Harvey

as solicitor to the Board on a taxed-costs basis, the

Minister sees no objection thereto." The Plaintiff

claimed that by the Board's adoption of this sanction

he was duly appointed as solicitor to the Board on

a taxed-costs basis, and that the addition to the

Board's resolution purported to limit the Board's

liability to £250, were also void. Overend, J. said

that the only matter the Minister sanctioned was the

Plaintiff's appointment on a taxed-costs basis, with–

out any overriding maximum, and the fact that the

Plaintiff had acted as solicitor to the Board ever since

indicated that the Board had accepted the Minister's

qualification of what they had done.

If, in fact, the

Board and the Minister were in disagreement, there

had been no valid appointment, but the Plaintiff

having done the law work for the Board, was

entitled to taxed-costs. On February 4, the Supreme

Court (Maguire, C. J. O'Byrne and Black,

J J.)

dismissed with costs an appeal by the Board of

Assistance from the Order of the High Court.

OBITUARY

MR. ROBERT C. BATHURST, Solicitor, died at his