The Gazette 1961 - 64

Registry of Deeds There was a discussion on (a) a proposal that deeds with memorials for registration might be lodged by post; (£) the form of memorial; (V) negative and common searches. As regards (a) it was decided that unless the Department of Justice would agree to introduce legislation that solicitors should have the option to lodge deeds and memorials for registration either manually as at present or to use the postal service no change should be sought in the present system ofmanual delivery. As regards (£) the Council direct that the discussions with the Parliamentary Secretary should proceed with proposals for (i) the abolition of parchment and the substitution of paper of standard quality and size for memorials, (ii) the ise of typescript or manuscript at the option of the party, (iii) the abolition of the affidavit of attesting witness, (iv) the substitution of a standard form with columns or sections for the present narrative memorial. As regards (c) it was decided to continue the discussions with the Department on the following line, (i) there should be only one kind of search in substitution of the present negative and common searches, (ii) the official search should include a Government guarantee against mistake by officials, (iii) the requisition for a search should be lodged by post or by hand at the option of the party, (iv) there should be a standard fee on an application for a search by an adhesive revenue stamp based on the number of years covered and the number of names, (v) searches should be returned by post or taken up manually. If the party wishes to keep the search open so that the conveyance to the purchaser will appear thereon it should be possible to close the search either by post or by personal attendance, (vi) existing facilities for unofficial hand searches should be continued. Weekend meeting 1963 It was decided to make inquiries with a view to holding the next weekend meeting in Co. Donegal. Registry of Deeds hand search. Incidence of costs On a report from a committee, the Council stated that if a contract for sale provides for Registry of Deeds searches by the vendor and the vendor cannot furnish the searches on the date appointed for completion, the vendor should pay for the substitute hand searches if the sale is closed by agreement before the official searches are ready. District Court. Service of processes The Council considered a report from a committee on difficulties experienced by practitioners in having

service of processes effected particularly under the default procedure. It was decided to make representa– tion to the District Court Rules Committee suggesting that if it is impossible to secure the services of suitable persons as process servers rules should be made to enable documents to be served by registered post without any special order of the Court in all civil proceedings except in the case of a summons for committal under the Enforcement of Court Orders Acts. The rule should provide that ordinary default civil bills should be served in the same manner as ordinary civil bills. If the suggestions of the society are adopted the District Justice will have power to make an order for service by registered post of an examination order under the Enforcement of Court Orders Acts. Solicitors appearing on television Having regard to the pending introduction of television it was decided to publish a statement for the guidance of members on the professional position. Inquiries are being addressed to other Law Societies, the Bar Council and the Irish Medical Association and a further statement will be published in due course. Preliminary, September 5th and 6th; First Ir'sh, September i5th; Second Irish, September i5th and 16th. PROCEEDINGS AGAINST UNQUALI– FIED PERSONS. MEMORANDUM AND ARTICLES OF ASSOCIATION OF COMPANY On July zyth in the Dublin Metropolitan District Court a chartered accountant was convicted and fined a sum of £5 with £50 costs in proceedings instituted by the Society. It was proved that the accountant had prepared the memorandum and articles of association of a limited company for or in expectation of fee or reward. The Justice held that the articles of association is a document relating to personal estate within the meaning of section 58 of the Solicitors Act 1954 and that it does not fall within the exceptions mentioned in the section. The Justice fixed recognisances in the event of an appeal. Messrs. Seamus Henchy, s.c., and Scan Gannon5 B.L., (instructed by Mr. E. A. Plunkett) appeared.for the Society. Mr. Seamus Heavey, s.c. and Mr William Twomey, B.L. (instructed by Messrs EXAMINATION DATES First law, September 4th and 5th; second law, September 4th and 5th; third law, September 6th, yth and 8th; Book-keeping, September I4th;