The Gazette 1952-1955

less than the weekly minimum wage but the bonuses

when added brought the remuneration considerably

above the prescribed minimum figures. While the

construction o f the orders is far from clear the

Council are of the opinion that members would not

be safe in assuming that voluntary bonuses paid to

the staff can be counted for the purpose of calculating

the wages paid under the Employment Regulation

Orders. Members are therefore advised that the

full minimum weekly rates should be paid, bonuses,

if necessary, being adjusted accordingly.

Solicitors’ Apprentices.

Liability to stamp

cards under the Social Welfare Act, 1952.

Council were advised that the master o f a

solicitor’s apprentice is liable to make contributions

under the Social Welfare Act, 1952 even although

the apprentice is not in receipt o f a salary. Following

representations made to the Minister that appren

tices, other than those serving under section 16,

mould be excluded, the Minister made the Social

Welfare (Employment o f Inconsiderable Extent)

(No. 2) Regulations, 1953 (S.I. No. 290/1953). The

regulations provide that employment (other than

employment which is under a contract o f service

and is for the purpose o f the employer’s trade or

business) in any one or more employments for less

than 18 hours in a contribution week where the

employed person is not mainl)'' dependent for his

livelihood solely on the remuneration received from

such employment, is to be excluded from the pro

visions as to compulsory insurance. The Council,

having considered these regulations, were o f the

opinion that while not meeting the situation as fully

as might be desired they were a reasonably satis

factory solution of the difficulties raised by the Act

in regard to unpaid solicitors’ apprentices.

Solicitors’ retaining lien for unpaid costs.

ember

acted for an owner o f registered land who

executed a deed of family arrangement transferrinr

the lands to his son, subject to charges for otheg

members of the family. The son was separately

represented. In the ordinary practice the transferee

would pay the costs. Member lodged the deed for

registration and it was returned with certain queries.

In the meantime the parties fell out and the registered

owner decided not to proceed with the matter.

Court proceedings in which member did not act

followed and were subsequently compromised by

order o f the Court. The transferee under the deed

applied for registration in accordance with the terms

of the compromise and member, having been

required by the Registrar of Titles to re-lodge the

deed, claimed a retaining lien for his unpaid costs.

The Council were asked to express their opinion as

to whether or not he had a retaining lien and having

considered Rath

McMullen (1916, x I.R. 349) and

in re Burrowes (1. Ir., Eq. 445) expressed the view

that member’s retaining lien would be good as

against persons claiming under dispositions made

after the lien was created, but that the lien was lost

when member lodged the document in the Land

Registry for registration, even though it was

returned to him to enable queries to be answered.

Lodgement of the deed in the present case by the

transferor’s solicitor to have the transferee’s title

registered, was distinguishable from other cases in

which a solicitor may part with possession o f docu

ments without losing his lien, e.g. the lodgement of

a deed in the Adjudication Office for the assessment

of stamp duty or in the Registry of Deeds, in which

cases the documents are held only temporarily and

as agent for the solicitor. The Council’s opinion

dealing as it does with an undecided point o f law

is expressed with all necessary reservations.

Land Registry.

was decided to ask the Registrar o f Titles

hold

a quarterly or half-yearly conference with the

Society’s representatives for the purpose o f dis

cussing any matters that may arise from time to

time in connection with the day to day working of

the Registry in relation to the profession.

Lease o f Registered Lands. Registration.

conditions o f sale o f registered land provided

for the granting o f a lease for the term o f 999 years

at the yearly rent o f £ 100 and for payment o f a fine

o f £1,050. A clause in the agreement provided that

the lease and two counter-parts should be prepared

and registered by the lessor’s solicitors and that the

lessee should pay the costs of registration. The

lessor’s solicitor under this condition, claimed to be

entitled to register the lease in the Registry o f Deeds

at the expense of the lessee and the Council were

asked for their opinion. The lessee’s solicitor sub

mitted that the lease should be registered as a

burden on the Register o f Freeholders and not

otherwise. The Council expressed the opinion that

having regard to the statement in Glover on

Registration of Title, page 64, it was unnecessary to

the lessee was not liable to the lessor for the costs of

such registration.

Surrender or Variation o f Lease. Costs.

ubsequent

to the granting of a building lease the

lessee found himself unable to comply with some of

the covenants for development of the estate and the

lessors suggested that the undeveloped portion of

the site should be surrendered and the yearly rent

reduced. An agreement giving effect to this was

executed, the agreement being silent as to the costs.

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