The Gazette 1946-49

February, 1948

Vol. 41 No. 8

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

President: SEAN C HUADHAIGH

Secretary : ERIC A. PLUNKETT

JAMES R. QUIRKE, JOHN J. SMYTH.

FOR CIRCULATION AMONG MEMBERS

MEETING OF THE COUNCIL JANUARY ijth. The President in the chair: Also present: Mr. James R. Quirke, Vice-President; Messrs. Thomas A. O'Reilly, Francis J. Gearty, Joseph P. Tyrrell, James J. Lynch, William S. Hayes, Daniel O'Connell, Henry P. Mayne, Reginald J. Nolan, Patrick F. O'Reilly, Henry St. J. Blake, William J. Norman, George A. Overend, Arthur Cox, John J. Bolger, John P. Carrigan, Louis E. O'Dea, Dermot P. Shaw. The following was among the business transacted : Advertisement by Notary Public THE Council considered a report from a Committee on a letter from a Bar Association stating that a certain Notary Public, who was a solicitor, had published in a local paper an advertisement stating that he would attend a certain town on a stated day, to authenticate documents for use in America. The Secretary reported that he had written a letter to the Notary concerned, inviting his observations in the matter and received no reply. He further stated that he had been informed by the Registrar

to the Chief Justice that there is a rule of the Chief Justice which prohibits a Commissioner for Oaths from inserting advertisements in newspapers. It was ordered that a copy of the advertisement con cerned in the present report should be sent to the Chief Justice. Costs of lease STATEMENT of facts for the opinion of the Council: By lease dated October, 1947, a residence with about one acre of land was demised to a Golf Club for a term of 99 years at a yearly rent of £56, with a fine of £1,000 and with a covenant to expend within two years a sum of £350 in permanent improvements to the premises. The P.L.V. of the buildings was £12 IDS. od. and of the land £i xos. od. QUERY : Is the lease— (a) a building lease; (b) a long lease not at a rack rent or (c) a lease at a rack rent, within the meaning of the Solicitors' Remunera tion General Order, 1884 ? OPINION OF THE COUNCIL : The lease (a) is not a building lease; (b) is a long lease not at a rack rent; (i) is not a lease at a rack rent. 47

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