The Gazette 1958-61

went on to compare these fees with the remuneration received by a barrister for the investigation of a difficult title. The chartered accountant was inclined to disagree with the criticism of the auctioneers' fees. The compere summed up this part of the discussion by expressing the opinion that the whole machinery of conveyancing is cumbersome and unduly expensive for a small country. The compere took the view that the auctioneer's fees are too high. This led to a discussion of the need for reform of the law and practice of conveyancing. The compere posed the question whether we in Ireland are lagging behind in modernisation. The solicitor answered in the affirmative, pointing out that legislation introduced in England in 1925 has very much simplified conveyancing. This led to a discussion on the question of delay. The chartered accountant mentioned that he was personally involved in a sale of property for which the contract was signed in May, 1958. The transaction took almost eight months to complete and he said that if business men carried on their affairs in this way many of them would be in the bankruptcy court. The solicitor stated that the normal time allowed for completion of a sale is one month but that difficulties, either technical or personal to one or other of the clients, often prolong the time. The compere asked whether the difficulties could be overcome by compulsory registration of title in the towns. The chartered accountant said that this is a desirable objective but pointed out the difference between rural and city properties and the difficulty of compiling an adequate register for the latter owing to the vast number of interests which may exist in the same house or building. He was of the opinion that not one but a series of registers would be necessary in respect of different interests. The solicitor said that successive governments have looked at but never tackled this whole question of law reform. Registration of title was desirable but he questioned whether it was within the realm of economic possibility. To be efficient registration of city property would have to be compulsory. This would require a vast expansion of the staff and buildings of the present land registry. The benefits enuring from registration would be enjoyed by future generations but the present owners of the property would get no immediate return for the outlay involved. The machinery of transfer of land or house property cannot be simplified to the point of selling a television set or even stocks and shares. A considerable degree of simplification could be achieved if universal registration of title were introduced. This could be done if the necessary money and effort were available. It is a question of priority. The solicitor thought that some reduction

in the cost of conveyancing might be effected if the law were thoroughly examined with a view to reducing overhead costs. Larger partnerships and specialisation would help to promote this objective. The compere summed up the discussion in his own way by saying that too many people share in a rather large nest egg and stressed the need for simplification and the creation of public opinion on the issues. It is interesting and salutory to hear the viewpoint of the layman on aspects of legal practice which affect him in his daily life and business affairs. There is little doubt that the grievances so often expressed on the need for law reform and the inordinate delay which appears to be inseparable from many legal transactions are well-founded. They all contribute to the layman's distrust of the law and lawyers and a widespread feeling that something is wrong with the legal system. To many it may appear that the grievances expressed during this radio discussion are only a part of the larger question whether the present organisation of the legal profession and the whole approach to the administration of justice is not a large extent unproductive from the viewpoint of the national economy. If it be so it would be in the interests of the profession and the administration of justice that the move for reform should come from within rather than, as must eventually happen, be imposed from without. (Contributed.) DINNER DANCE Forms of application for tickets are issued with this number of The Gazette. The Dance will be held in the Shelbourne Hotel, Dublin on Thursday, 2<3th November, the date of the Ordinary General Meeting. Tickets will cost one guinea each. PROGRAMME OF LECTURES, 1959-1960 COURSE A.—Company Law and Administration of Estates. 50 lectures delivered as follows :— Michaelmas Sittings—18 ; Hilary Sittings—18 ; Easter Sittings—14. Minimum attendance for credit is, Michaelmas—14 ; Hilary—14 ; Easter —10. Lectures each Monday and Thursday at 2.15 o'clock save where otherwise notified. Commencing Monday, i2th October. COURSE B.—Conveyancing Law and Practice and Land Law, 50 lectures delivered as follows :— Michaelmas Sittings—18 ; Hilary Sittings—18 ; Easter Sittings—14. Minimum attendance for credit is, Michaelmas—14 ; Hilary—14 ; Easter—10. Lectures each Tuesday and Friday at 2.15 o'clock save where otherwise notified. Commencing Tuesday, I3th October.