The Gazette 1949-1952

question o f the drafting o f Memoranda and Articles of Association o f Companies. While the drafting o f Memoranda and Articles o f Association by a member o f the Institute would appear not to be an infringement o f the law, this work is properly the function o f the legal profession and should be so regarded by members o f the Institute. There is no objection to a member assisting his clients in the formation o f Companies and advising as to the content o f the Memorandum and Articles o f Association. The extent o f this assistance and advice will depend on the member’s knowledge of the particular circumstances o f each case.” It was decided that the Secretary should write to the Institute o f Chartered Accountants saying that the Council agree to the above draft circular and thanking the Institute. SOLICITORS’ REMUNERATION GENERAL ORDER 19 5 1 Q ueries have been received from members about the above mentioned general order which was published in the February issue of the Society’s G azette . The following is a summary o f the effect of the order. 1 . It does not affect the fees on sales or purchases charged in the commission scale. 2. The item charges in detailed bills for letters, attendances, drawing and approving documents and other work included in schedule 2 Solicitors’ Remuneration General Order, 1884, are increased by 55 per cent, over the prewar scale. This increase is in substitution for the increases permitted in 1947. Schedule 2 Solicitors’ Remuneration General Order, 1884, covers all item charges other than those in court proceedings and criminal matters. For instance, the items dealing with the extraction o f grants o f probate and letters o f administration are covered by the rules o f the High Court. The letters, attendances and other work in the administra­ tion o f an estate outside Court after representation has been raised are covered by the Solicitors’ Remuneration General Order, 1884-1951. 3. The last mentioned increase o f 55 per cent, over prewar applies to charges under the old system as modified by schedule 2 Solicitors’ Re­ muneration General Order, 1884 (See page 470 o f the 1951 Calendar). The following is an example o f the effect of the order on detailed charges : letter ; 1939, 5 /-; 1947, 5/—h2 5% = 6 3d .; i952, “>/—h 5 5% = 7 9d- : attend­ ance, 1939, 10 / - ; 1947, 10/ —f-2J%= i2/6d . ; 1952, 10/—h 5 5 % = 1 5 /< 5 d.

4. The fee payable to the vendor’s solicitor in respect of the Particulars Delivered Stamp is charge­ able under the old system as modified by schedule 2. This fee was £ 1 10s. in 19 14 and was increased to £2 5s. in 1920. It now becomes £3 9s. 9d. instead o f £2 16s. 3d. which has been allowed since 1947. 5. Rule 1 1 , part 1, schedule 1, Solicitors’ Re­ muneration General Order, 1884, has been rescinded with effect from 1st January, 1951. This means that where land is taken under the exercise or threatened exercise o f compulsory powers by the State or other authorised bodies, the costs o f the solicitors both for the vendors and purchasers will be chargeable in accordance with the commission scale and not item by item. Solicitors may still, however, continue to charge itemised costs instead o f the commission scale by serving the notice mentioned in paragraph 6, Solicitors’ Remuneration General Order, 1884 (See page 438 of the 1951 Calendar) before undertaking any business. 6. The scale o f charges for a lease at rack rent has been altered. Formerly the charge in respect of denominations o f £100 not exceeding £95 was the same. There was no difference between the scale ( £ 1 1 5s.) on £100 and £ 17 5 . In future the fee will be calculated on the actual amount o f the rent, e.g., the fee on a rent o f £175 will be £ 14 is. 3d. instead o f £ 11 5s. These changes will be shown in the table B o f the Society’s Calendar for 1952. 7. On the construction of the relevant orders it is not clear whether the above mentioned charges apply to Land Registry costs. An amendment in the Land Registry rules is being sought. For par­ ticulars of the proposed amendments see the report o f the meeting of the Council held on 13 th March, 1952, printed at page 76 o f this issue. PROCEEDINGS AGAINST SOLICITORS P ursuant to an order by the Chief Justice the name of Joseph L. Reilly who formerly practised at Drogheda, Co. Louth has been struck off the roll o f solicitors on a report from the Statutory Com­ mittee finding him guilty o f professional misconduct. INDEX OF STATUTORY INSTRUMENTS R eceived by the Society pursuant to the Statutory Instruments Act, 1947. The last list was printed in the Society’s Gazette for August, 1951. AGRICULTURE, LANDS AND FISHERIES S ubject M atter and R eferen ce N umber Agricultural Wages (Female Workers)—-1/1952. Fisheries (Delegation of Ministerial Powers to Parliamentary Secretary')—292/195 t . 77