The Gazette 1961 - 64

consideration and then forwarded to the Department of Justice together with any amendments as soon as possible.

In this case there would in fact be a separate investigation of title for each holding. On a report from the committee it was decided that the answers to member's queries should be given as follows : (i) A transfer by registered owner of two or more holdings by a deed of voluntary transfer should be treated as one transaction by the solicitor acting for the registered owner for the purpose of costs. (li) and (iii) Where separate titles are furnished or investigated the solicitor acting for the vendor or purchaser or as the case may be is entitled to treat each of the titles separately for the purpose of charging costs. Particulars Delivered Stamp Costs Members acted for the vendors in the sale of a plot of registered land to a local authority. The annuity payable in respect of the lands had been redeemed in 1917. The County Council undertook to pay the vendor's costs and in furnishing their bill a fee was included for having the P.D. stamp im pressed by members. The local authority's solicitors took exception to this fee and stated that the P.D. stamp was not required to be affixed in Land Registry cases. Members then wrote to the Society for guidance on the matter. The obligation to have the P.D. stamp impressed is imposed by section 4 of the Finance (1909-10) Act, 1910, as amended by the Finance Act, 1920. The former Act imposed the increment value duty and the latter Act abolished the duty but did not take away the liability to furnish particulars to the Commissioners and to have the stamp impressed. The section also provides that a deed is not to be deemed to have been properly stamped unless it has a P.D. stamp impressed. Regulations made by the Commissioners of Inland Revenue provided that conveyances to which the Land Purchase (Ireland) Acts apply which are fo be registered under the Local Registration of Title (Ireland) Act, 1891, need not be presented for the purpose of having the stamp impressed. It is understood, however, that the Stamp Office consider that the P.D. stamp should be impressed where the annuity has been redeemed. The Council, on a report from a committee, decided that in this case member was entitled to charge for having the P.D. stamp affixed having regard to the view of the Revenue Commissioners in the matter. Furthermore, in view of the provisions of the statutes the P.D. stamp should be affixed in all cases whether required by the Revenue Com missioners or not where there is a transfer of registered land and the solicitor affixing the stamp is, consequently, entitled to the usual fee.

International Bar Association Ninth International Conference

The President and the immediate Past President were appointed as the Society's delegates to the conference at Edinburgh. Costs in Land Registry matters A member acted for a person entitled in fee simple on the death of the limited owner of registered land. The property involved consisted of four farms of registered land each of which exceeded £1,000 in value. Each of the holdings was registered on a separate folio and the Land Registry assessed the fees on each holding separately on the application of member's client for registration. The fees were not assessed on the total value of the lands. Member enquired if he should charge his costs on the basis that he was dealing with four separate holdings or as if he were dealing with one holding, the total value of which exceeds £1,000. On a report from a committee it was decided that in the opinion of the Council the matter should be treated by member as one transaction for the purposes of costs. Member also made three further enquiries concerning Land Registry costs. They were (i) What costs should be charged by a solicitor acting for the registered owner of two or more holdings which are being transferred at the same time by means of a Deed of Voluntary Transfer ? Should the costs be assessed as if only one holding of the total valuation of the entire lands was being transferred, or should the costs be assessed in respect of each holding separately ? (li) What costs should be charged by a vendor's solicitor and a purchaser's solicitor where two or more holdings of registered land have been sold or purchased together by the same client ? In this case the title to each holding may (and probably would be) entirely different so that an investigation of the title of each holding would be necessary. A further variation of this problem will arise where a vendor or purchaser sells or purchases a holding, portion of which is registered land and portion of which is unregistered land. (iii) What costs are chargeable by a vendor's or a purchaser's solicitor on the sale of two or more holdings of land described in one folio where the registration is subject to equities and the lands were originally vested in different'tenant purchasers under the Land Purchase Acts ?