147 / 338
went on to compare these fees with the remuneration
received by a barrister for the investigation of a
difficult title. The chartered accountant was inclined
to disagree with the criticism of the auctioneers'
fees.
The compere summed up this part of the
discussion by expressing the opinion that the whole
machinery of conveyancing
is cumbersome and
unduly expensive for a small country. The compere
took the view that the auctioneer's fees are too high.
This led to a discussion of the need for reform of
the law and practice of conveyancing. The compere
posed
the question whether we in Ireland are
lagging behind in modernisation.
The solicitor
answered
in
the affirmative, pointing out that
legislation introduced in England in 1925 has very
much simplified conveyancing.
This
led to a
discussion on the question of delay. The chartered
accountant mentioned
that he was personally
involved in a sale of property for which the contract
was signed in May, 1958.
The transaction took
almost eight months to complete and he said that
if business men carried on their affairs in this way
many of them would be in the bankruptcy court.
The solicitor stated that the normal time allowed
for completion of a sale is one month but that
difficulties, either technical or personal to one or
other of the clients, often prolong the time. The
compere asked whether the difficulties could be
overcome by compulsory registration of title in
the towns. The chartered accountant said that this
is a desirable objective but pointed out the difference
between rural and city properties and the difficulty
of compiling an adequate register for the latter
owing to the vast number of interests which may
exist in the same house or building. He was of the
opinion that not one but a series of registers would
be necessary in respect of different interests. The
solicitor said
that successive governments have
looked at but never tackled this whole question of
law reform. Registration of title was desirable but
he questioned whether it was within the realm of
economic possibility.
To be efficient registration
of city property would have to be compulsory.
This would require a vast expansion of the staff and
buildings of the present land registry. The benefits
enuring from registration would be enjoyed by
future generations but the present owners of the
property would get no immediate return for the
outlay involved. The machinery of transfer of land
or house property cannot be simplified to the point
of selling a television set or even stocks and shares.
A considerable degree of simplification could be
achieved
if universal registration of title were
introduced.
This could be done if the necessary
money and effort were available. It is a question of
priority. The solicitor thought that some reduction
in the cost of conveyancing might be effected if
the law were thoroughly examined with a view to
reducing overhead costs. Larger partnerships and
specialisation would help to promote this objective.
The compere summed up the discussion in his own
way by saying that too many people share in a
rather large nest egg and stressed the need for
simplification and the creation of public opinion on
the issues.
It is interesting and salutory to hear the viewpoint
of the layman on aspects of legal practice which
affect him in his daily life and business affairs. There
is little doubt that the grievances so often expressed
on the need for law reform and the inordinate delay
which appears to be inseparable from many legal
transactions are well-founded. They all contribute
to the layman's distrust of the law and lawyers and
a widespread feeling that something is wrong with
the legal system. To many it may appear that the
grievances expressed during this radio discussion
are only a part of the larger question whether the
present organisation of the legal profession and the
whole approach to the administration of justice is
not a large extent unproductive from the viewpoint
of the national economy. If it be so it would be in
the interests of the profession and the administration
of justice that the move for reform should come
from within rather than, as must eventually happen,
be imposed from without.
(Contributed.)
DINNER DANCE
Forms of application for tickets are issued with
this number of
The Gazette.
The Dance will be
held in the Shelbourne Hotel, Dublin on Thursday,
2<3th November, the date of the Ordinary General
Meeting. Tickets will cost one guinea each.
PROGRAMME OF LECTURES, 1959-1960
COURSE A.—Company Law and Administration of
Estates.
50 lectures delivered as follows :—
Michaelmas Sittings—18 ; Hilary Sittings—18 ;
Easter Sittings—14. Minimum attendance for
credit is, Michaelmas—14 ; Hilary—14 ; Easter
—10.
Lectures each Monday and Thursday
at 2.15 o'clock save where otherwise notified.
Commencing Monday, i2th October.
COURSE B.—Conveyancing Law and Practice and
Land Law, 50 lectures delivered as follows :—
Michaelmas Sittings—18 ; Hilary Sittings—18 ;
Easter Sittings—14. Minimum attendance for
credit
is,
Michaelmas—14 ;
Hilary—14 ;
Easter—10. Lectures each Tuesday and Friday
at 2.15 o'clock save where otherwise notified.
Commencing Tuesday, I3th October.