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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,