The Gazette 1964/67

prices shortly after to national credit as well as to the interests of individual holders. The Council would be obliged for information as to the steps which can be taken to remedy the present position. As a subsidiary point it was mentioned that the costs of solicitors acting for owners are paid in land bonds which are subject to the same disadvantages. In many cases the solicitors costs include substantial elements of outlay for counsels' fees and other dis bursements. It is noted that in contrast to this position auctioneers' commission at 5 per cent on a sliding scale is paid in cash. 2. Delays in the Irish Land Commission examiner's branch. The Society has received complaints from a number of members as to delays in dealing with title matters. The most recent complaint is concerned with a case in which our members lodged the documents of title in April last and received a reply stating that the matter would be referred to an examiner as soon as possible. They wrote to the Society on September 6th stating that they had within the previous six weeks sent a reminder asking for rulings on title. They received a reply dated September 3rd regretting that the case had not been reached in its turn for reference to an examiner for investigation. It appears to be altogether unreasonable that four to five months should pass before the title can be referred to an examiner and it is rather a sad commentary on the new scheme recently set up following joint consulatation between the De partment and this Society. We feel that this is not an isolated case. The Council would be obliged for full information on the position. 3. Solicitors have experienced difficulties where un dertakings are given to banks and other bodies on behalf of clients who expect to receive payment in land bonds for lands compulsorily acquired. In one case which is probably fairly typical an old client of a solicitor agreed to sell his lands to the Commission and in order to give possession bought a house in the adjoining town to take up immediate residence. He had no ready means of financing the purchase and obtained and advance from a bank who required an undertaking from the solicitor that the loan would be repaid. The solicitor gave his undertaking and relied for repayment on the land bonds to be issued in due course. In cases such as this the land bonds are issued in the names of the client care of the solicitor. Cases may occur in which the client may emigrate or may have no further financial interest in the land bonds after he has obtained the necessary financial facilities and the solicitor may be in difficulty in obtaining control of the bonds for the purpose of sale in order to carry out his undertaking. It will be appreciated that in a number of cases owners who sell out to the Land Commission sub sequently emigrate. In a certain number of cases there is a risk that they may not facilitiate the solicitor in realising the bonds. The Council will be obliged if the Land Commission could find some method which would enable the solicitor in such a case to obtain control of the bonds for the purpose of realising his security. Were it not for the facilities given by solicitors in such cases clients would be placed at a serious disadvantage and it is in the public interest that solicitors should be facilitated in providing these guarantees. Banks throughout the country look to solicitors rather than to the client issue and damaging

and needless to say the Society holds a solicitor strictly responsible on a personal undertaking of this kind. The Society will be obliged for a full reply when these matters have been considered. Yours faithfully, ERIC A. PLUNKETT, Secretary. "THE LAW OF STAMP DUTIES" SECOND REVISION Further supplementary pages have now been published — price 12/6 (postage 2/- extra). This SECOND REVISION incorporates the provisions relating to Stamp Duties contained in the FINANCE ACT, 1965, and in non-Revenue Statutes passed in the year 1964. Section 45 of the Land Act, 1965, which restricted the vesting of interests in agricultural land, has also been included. A further appendix has been added of tables of the ad valorem duties on conveyances, trans fers and leases of lands, etc., chargeable since the 1st January, 1892, when the Stamp Act, 1891, came into operation. The original volume and the First Revision, which together contain previous enactments re lating to Stamp Duty, cost 75/6 (postage 3/3 extra). AVAILABLE from the Government Publications Sale Office, G.P.O. Arcade, Dublin, 1. Qualified Assistant wanted in Dundalk. Replies with details of experience to—Box A234. Register C RETREAT—Enclosed Retreat for Solicitors (1966) Jesuit House of Retreats, Milltown Park, Dublin. Saturday night, 5th March to Monday morning, 7th March. For reservation apply—John B. McCann, Wakefield House, York Road, Dun Laoghaire, Co. Dublin. Dunne—William J. Dunne late of Main Street, Abbey- feal, County Limerick and formerly of New York, died on the 12th October, 1965. Will any person knowing the whereabouts of a will made by the above deceased please communicate with—Maurice J. Woulfe & Son, Solicitors, Abbeyfeale, County Lime rick. 83 for general practice THE REGISTRY Register A