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He then ascertained that the client had a brother in
a mental hospital whose existence had not been
disclosed.
Member asked for advice as
to his
professional position particularly as to his obligation
to make this disclosure to the purchaser, the position
of the sureties and his obligations to the Land
Registry who have apparently registered the client
as owner on a misrepresentation made by the latter.
It would appear that no question of privilege can
arise between the client and member having regard
to the fact that the client apparently retained member
as a solicitor for the purpose of committing a fraud.
The Council on a report from a Committee stated
that in their opinion the client should be informed
of the rights of the next-of-kin in the mental home
to share in the estate and that member is obliged to
disclose the mistake to the Registrar of Titles and
to the sureties.
Certificate of discharge of income tax
The Council reconsidered on request the existing
ruling that the work of a solicitor for a vendor in
applying for and obtaining the Section 6 Certificate
is included in the commission scale fee and that no
further charge should be made against the vendor
and that no charge should be made against the
purchaser in respect thereof. In cases in which the
solicitor has to make a return of income tax on behalf
of a client in order to obtain the certificate the
appropriate charge therefore may be made against
the vendor under Schedule 2. The Council decided
to make no change in the existing ruling.
Compensation Fund
On report from the Compensation Fund Com
mittee the Council admitted claims amounting to
£11,863 for payment.
Land Registry Map
A member who acted for a purchaser who bought
under a contract containing a stipulation that the
purchaser would admit the identity of the property
from the muniments of title offered by the vendor,
wrote asking whether it was in accordance with
ordinary conveyancing practice to refuse to furnish
a certified copy of the Land Registry Map. The
Council replied that the matter is one for the parties
under the contract or conditions of sale.
Registry of Deeds searches
Members wrote referring to delays in the Registry
of Deeds in supplying negative searches which make
it impossible or difficult in many cases to complete
a sale in the normal period of one month stipulated
in the contract. Many solicitors are closing on
land searches and member asked for advice as to the
incidence of the additional expense. The matter was
referred to the Dublin Solicitors' Bar Association.
Northern Ireland Commissioners for Oaths
The Council were informed that some district
justices will not accept an affidavit sworn before
a commissioner for oaths in Northern Ireland and
that counsel has advised that they may be correct in
this view having regard to certain provisions in the
District Court Rules. No difficulty arises as regards
affidavits filed in the High Court.
The Council
directed that the matter be referred to the District
Court Rules Committee.
Courts (Establishment and Constitution) Bill,
1959 and Courts (Supplemental Pro
visions) Bill, 1959
The Council on report from the Legislation
Committee considered the provisions of the Bills
and directed that representation should be made
thereon to the Department of Justice.
Commission scale fees on leases
The Costs Committee submitted the following
report:
(i) At the present time as
regards property
registered and unregistered as a whole there are
four different commission scales printed in the
Society's calendar :
Table B is for leases at rack rent
of unregistered land. Table E, is for the same kind
of lease of registered land. Table C is for building
leases and long leases not at rack rent of unregistered
land.
Table F is for the same kind of lease of
registered land. A short lease not at a rack rent,
if there is such a thing, does not fall under any
commission scale fee.
If the subject matter is un
registered land the new Schedule 2 applies ;
if it
is registered land the costs are chargeable by items
under the old Schedule 2.
(ii) The Committee think there should be only
two scales, a higher and a lower scale applicable
equally to the registered and unregistered land. The
present scales for registered land should be adopted.
(iii) The old distinction between leases at rack rent
and leases at less than a rack rent should be abolished.
Instead, a building lease, a lease containing a fine
and a lease for a term greater than thirty five years
should each be charged on the higher scale. All
other leases should be charged on the lower scale.
Civ) The existing practice of the profession as
regards yearly and shorter tenancies should remain,
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