The Gazette 1921-25

17

The Gazette of the Incorporated Law Society ol Ireland.

AUGUST, 1923]

This reply does not refer to, nor obviate the necessity of serving, the notices required by the County Court rules of procedure dated the 25th July, 1923. Damage to Property (Amendment) Act, 1923. This Act provides that the Damage to Property (Compensation) Act, 1923, shall be amended as follows :— (1) The "12th day of May, 1923," shall be substituted for the " 20th day of March, 1923 " in the following sections, sub-sections and paragraphs :— (a) In sub-sec. (6) of sec. 14. (b) In clause (c) of sub-sec. (9) of sec. 15, (c) In sub-sec. (10) of sec. 15. (d) In sec. 16. (e) In sub-sec. (5) of sec. 17; and (2) The word "four" shall be substituted for the word " three " (a) In sub-sec. (1) of sec. 2. (V) In sec. 3. (c) In sub-sec. (1) of sec. 15. Appointments. Mr. Thomas S. Colbert, Solicitor, Water- ford, has been appointed Under Sheriff for the County of Waterford, in room of Mr. J. T. Hudson, retired. Mr. George V. Maloney, Solicitor, Coote- hill, has been appointed Under Sheriff for the County of Cavan, in room of Mr. T. R. Blackley, retired. Obituary. MR. THOMAS J. DUNNE, Solicitor, died upon the 1st July, 1923. Mr. Dunne served his apprenticeship with Mr. Michael Verdon, Solicitor, Castlebar, was admitted in Hilary Sittings, 1919, and practised at Castlebar. MR. JOHN F. SMALL, Solicitor, died upon the 5th July, 1923, at his -residence 37 Hill Street, Newry. , Mr. Small was admitted in Michaelmas Term, 1874, and practised at Newry.

the Land Bill, the position is as follows : The costs in connection with the redemption price of superior or intervening interests are payable to the Owner of these interests. Hence they will be allocated on the schedule in their due priority. The Vendor's costs of sale are payable out of the purchase money which he receives, and the practice under which his Solicitor's claim goes on the schedule is merely the result of an arrangement between the parties interested, and has no legal validity. If the Solicitor for the Vendor wishes to have his costs allocated on the schedule he will receive those costs in bonds, but if not, it is open to him, and in fact I take it that it would be the invariable procedure, to arrange with the Vendor to get the costs in cash. In any event I assume that in practice the Solicitor could make arrange ments under which he could exchange the bonds with the Vendor foj cash even if his claim appeared in the schedule. I am afraid it would be impossible to make any better arrangements. Any other arrangements would mean providing every Vendor with a certain amount of cash to pa}' his costs, and if cash payments were made in this matter it would be difficult to draw the line. The general rule was adopted that all payments were to be made in bonds, and I think you will understand that if there was one exception made it would be necessary to make a good many more. Yours faithfully, (Signed) P. HOGAN. W. G. Wakely, Esq., The Incorporated Law Society of Ireland, Dublin. Damage to Property Compensation Act, 1923. On the 1st August, in reply to a question put to him by Mr. FitzGibbon, K.C., in Dail Eireann, the Minister of Finance stated, that the form of notice issued by him to be served by applicants under Section 4 of the Act only applies to claims put forward for the first time since the passing of the Act, and that applicants who have already served notice in compliance with the resolution of Dail Eireann of 1st November, 1922, need not serve the notice required by Section 4.