The Gazette 1952-1955

considered Rath v. McMullen (1916, x I.R. 349) and in re Burrowes (1. Ir., Eq. 445) expressed the view that member’s retaining lien would be good as against persons claiming under dispositions made after the lien was created, but that the lien was lost when member lodged the document in the Land Registry for registration, even though it was returned to him to enable queries to be answered. Lodgement of the deed in the present case by the transferor’s solicitor to have the transferee’s title registered, was distinguishable from other cases in which a solicitor may part with possession o f docu­ ments without losing his lien, e.g. the lodgement of a deed in the Adjudication Office for the assessment of stamp duty or in the Registry of Deeds, in which cases the documents are held only temporarily and as agent for the solicitor. The Council’s opinion dealing as it does with an undecided point o f law is expressed with all necessary reservations. Land Registry. I t was decided to ask the Registrar o f Titles to hold a quarterly or half-yearly conference with the Society’s representatives for the purpose o f dis­ cussing any matters that may arise from time to time in connection with the day to day working of the Registry in relation to the profession. Lease o f Registered Lands. Registration. T he conditions o f sale o f registered land provided for the granting o f a lease for the term o f 999 years at the yearly rent o f £ 100 and for payment o f a fine o f £1,050. A clause in the agreement provided that the lease and two counter-parts should be prepared and registered by the lessor’s solicitors and that the lessee should pay the costs of registration. The lessor’s solicitor under this condition, claimed to be entitled to register the lease in the Registry o f Deeds at the expense of the lessee and the Council were asked for their opinion. The lessee’s solicitor sub­ mitted that the lease should be registered as a burden on the Register o f Freeholders and not otherwise. The Council expressed the opinion that having regard to the statement in Glover on Registration of Title, page 64, it was unnecessary to register the lease in the Registry o f Deeds and that the lessee was not liable to the lessor for the costs of such registration. Surrender or Variation o f Lease. Costs. S ubsequent to the granting of a building lease the lessee found himself unable to comply with some of the covenants for development of the estate and the lessors suggested that the undeveloped portion of the site should be surrendered and the yearly rent reduced. An agreement giving effect to this was executed, the agreement being silent as to the costs. 1 4

less than the weekly minimum wage but the bonuses when added brought the remuneration considerably above the prescribed minimum figures. While the construction o f the orders is far from clear the Council are of the opinion that members would not be safe in assuming that voluntary bonuses paid to the staff can be counted for the purpose of calculating the wages paid under the Employment Regulation Orders. Members are therefore advised that the full minimum weekly rates should be paid, bonuses, if necessary, being adjusted accordingly. Solicitors’ Apprentices. Liability to stamp cards under the Social Welfare Act, 1952. T he Council were advised that the master o f a solicitor’s apprentice is liable to make contributions under the Social Welfare Act, 1952 even although the apprentice is not in receipt o f a salary. Following representations made to the Minister that appren­ tices, other than those serving under section 16, mould be excluded, the Minister made the Social Welfare (Employment o f Inconsiderable Extent) (No. 2) Regulations, 1953 (S.I. No. 290/1953). The regulations provide that employment (other than employment which is under a contract o f service and is for the purpose o f the employer’s trade or business) in any one or more employments for less than 18 hours in a contribution week where the employed person is not mainl)'' dependent for his livelihood solely on the remuneration received from such employment, is to be excluded from the pro­ visions as to compulsory insurance. The Council, having considered these regulations, were o f the opinion that while not meeting the situation as fully as might be desired they were a reasonably satis­ factory solution of the difficulties raised by the Act in regard to unpaid solicitors’ apprentices. Solicitors’ retaining lien for unpaid costs. M ember acted for an owner o f registered land who executed a deed of family arrangement transferrinr the lands to his son, subject to charges for otheg members of the family. The son was separately represented. In the ordinary practice the transferee would pay the costs. Member lodged the deed for registration and it was returned with certain queries. In the meantime the parties fell out and the registered owner decided not to proceed with the matter. Court proceedings in which member did not act followed and were subsequently compromised by order o f the Court. The transferee under the deed applied for registration in accordance with the terms of the compromise and member, having been required by the Registrar of Titles to re-lodge the deed, claimed a retaining lien for his unpaid costs. The Council were asked to express their opinion as to whether or not he had a retaining lien and having