The Gazette 1952-1955

to Concur with the Order made by the Rules Com­ mittee and set out the reasons for his refusd. A deputation from the Council was appointed to seek an interview with the Secretary o f the Depart­ ment and to report back. SMALL DWELLINGS (ACQUISITION) ACTS. Housing (Amendment) Act 1950 F ollowing a conference with solicitors acting for local authorities and representatives o f bar as­ sociations the Council recommend the adoption o f the following reduced scale o f mortgagees’ costs by solicitors on taxed costs remuneration acting for local authorities advancing moneys under the Small Dwellings (Acquisition) Acts for the erection of new “ grant ” houses. ( 7 ) The recommendation applies only to cases in which the local authority concerned advances the legal expenses o f the lease or purchase and the mortgage in pursuance o f section 50 o f the Housing (Amendment) Act 1950. («) The reduction should be made only where a solicitor acting for a local authority' in­ vestigates, or reasonably expects to investigate the same title more than once in a period of twelve months for the same local authority. ( m V) Subject to the foregoing the solicitor may agree with the local authority to charge a fixed commission scale fee o f 2 per cent, on the amount o f each loan whether the title is registered or “ unregistered ” and in the former case whether or not title is investi­ gated outside the register, to include all work of and incidental to the completion and registration o f the mortgage. (ip) The reduced scale applies only to the work done as solicitor for the mortgagees. (p) All solicitors acting for local authorities on a taxed costs basis are requested to give effect to this remuneration. STAMP DUTIES Finance Bill 1953 The following sections of the Finance Bill 1953 deal with stamp duties :— Exchanges 1 1 .—(1) In this section “ the principal A c t ” means the Stamp Act 1891.

Fixed scales o f costs T he Council considered a report from a Committee on the subject of fixed scales of costs which include items o f outlay payable under Rules of Court e.g., costs o f judgment by default in the High Court and Circuit Court and costs of defended or un­ defended proceedings in the District Court. In some cases items o f disbursement such as com­ missioners’ fees and process servers’ fees have increased substantially since prewar but no allowance has been made for the increases in the scale costs. The Council adopted a report from the Committee which recommended that fixed scales o f costs prescribed by Rules of Court should deal with professional charges only and should contain a provision that all disbursements properly made should be added to the scale charges. The Sec-' retary was directed to communicate with the several rule making committees. Intestates Estates Bill 1951. T he Council decided to make representations to the Minister for Justice on the delay in passing this Bill which was introduced in the Seanad in 1951. Client’s privilege. M ember obtained judgment on behalf o f a plaintiff for a liquidated amount against a defendant who appeared to be impecunious and without realisable assets. About ten years ago member had prepared a transfer of lands from the then registered owner to the present defendant and a nephew jointly. Apart from this knowledge, which was obtained professionally, member might not have known of the existence of the property but, - on the other hand, he might in the ordinary course have pursued inquiries which would have brought its existence to light. Member has not acted for the defendant since 1940 and asked for the ruling of the Council as to whether he might use the knowledge then obtained for the purpose of advising the present plaintiff to have a judgment mortgage registered against the holding. On a report from a Committee the Council held that member should not use the information which he received as the defendant’s solicitor. He might, with the plaintiff’s consent, hand over the case to another solicitor. Land Registration Costs. T he Council considered a copy of a memorandum from the Secretary of the Department o f Justice to the Land Registration Rules Committee on the subject of the recent application by the Society for increases in the scales of costs on sales, purchases, and voluntary transfers of registered lands. The memorandum stated that the Minister had refused